TERMS OF SERVICE
1. ACCEPTANCE OF TERMS.
The Faithplay website and mobile application and related services are operated by Outreach, Inc. Access and use of the Services is subject to the following Terms of Service. Faithplay is a trade name and business activity of Outreach, Inc. “Faithplay” herein refers to the legal entity Outreach, Inc. as well as its activity under that name. Faithplay provides its products and services to its listeners (“You,” “Your,” or “Listener”) according to these Terms of Service” (“TOS” or “Agreement”). These TOS constitute a legal agreement between the You and Outreach, Inc., dba Faithplay (“Faithplay”). By accessing or using any part of the Services, you represent that you have read, understood, and agree to be bound by these Terms of Service including any future modifications. We reserve the right, at any time, to modify, alter or update the terms and conditions of this Agreement without prior notice, though updates and notice of update will be provided herein.
2. SERVICES PROVIDED.
For the purpose of this Agreement, the “Services” will refer to Faithplay’s website, mobile application (“App”), and provision of content from ministry partners for individuals, organizations, and churches (“Content”) which Listeners are allowed to access through the website and App. Unless explicitly stated otherwise, any new online features that enhance the current Services shall be subject to the TOS. Listener is responsible for contacting Faithplay through the website to obtain access to the Services.
The Services are not intended for children under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE SERVICES OR ATTEMPT TO SET UP AN ACCOUNT AT ANY TIME OR IN ANY MANNER. By using the Services, you affirm that you are at least 18 years of age. Faithplay does not seek through the Services to gather personal information from or about children under the age of 13.
You may not transfer Your Account to any other person and You may not use anyone else’s Account at any time without the permission of the Account holder. In cases where You have authorized or registered another individual, including a minor, to use Your Account, You are fully responsible for (i) the online conduct of such Student; (ii) controlling that Student’s access to and use of the Services; and (iii) the consequences of any misuse.
5. TERMINATION. Faithplay reserves the right to terminate, suspend, modify, or delete, at its sole discretion, any (a) Content, or any Services; and (b) Your access to Services or Your Account, as follows: 1) If You breach or violate any of these Terms or any of Faithplay’s applicable policies, as posted on Faithplay Services from time to time, Faithplay may take action immediately without prior notice to You. If Faithplay takes action pursuant to this section, Faithplay shall not have any liability to You for Content accessed in part or in whole or for any other use of Faithplay Services associated with Your Account. For avoidance of any doubt, You understand and agree that You will not be compensated nor be eligible for any damages or compensation under any circumstances for any such access lost to Faithplay Services, including without limitation to Content You may have downloaded.
6. INDEMNIFICATION. You agree to indemnify, defend, and hold harmless Faithplay from any and all claims, liabilities, expenses, and damages, including without limitation, interest, penalties, court costs, attorney’s fees and expenses made or pursued by any third party related to, resulting from, or arising out of: (i) the subject matter or material of Content; (ii) Your use or attempted use of the Services in violation of these Terms; (iii) Your violation of any law or rights of any third party; or (iv) Your breach of any of the terms and conditions of the Agreement. Your obligations under this Section 6 shall survive the termination of the Agreement.
7. APP LICENSE. Subject to the terms of these TOS, Faithplay grants you a non-transferable, non-exclusive license to download, install, and use one copy of the App in object code form only on an interactive wireless device that you own or control. You may not derive or attempt to derive the source code of all or any portion of the App, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate the App or any part thereof. Faithplay and its licensors own and shall retain all intellectual property rights and other rights in and to the App, and any changes, modifications, or corrections thereto. The following TOS apply to you only if you are using the App from the Apple App Store. You acknowledge and agree that these TOS are solely between you and Faithplay, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be sole governed by these TOS. You and Faithplay acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and Faithplay acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Faithplay, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these TOS. You must comply with applicable third party terms of agreement when using the App. You and Faithplay acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these TOS as they related to your license of the App, and that, upon your acceptance of these TOS, Apple will have the right (and will be deemed to have accepted the right) to enforce these TOS against you as a third party beneficiary thereof.
8. PROPRIETARY RIGHTS IN SERVICES CONTENT. All Content available through the Services are the proprietary property of Faithplay or its licensors. No Services Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in party, other than as expressly permitted in these TOS. You may not use any data mining, robots, scraping, or similar data gathering or extraction methods to obtain Services Content. All rights of Faithplay, or its licensors that are not expressly granted in the TOS are reserved to Faithplay and its licensors.
9. TRADEMARKS. “Faithplay” and all other trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or service marks of Faithplay or their respective owners, and certain of them are registered with the United States Patent and Trademark Office. Access and use of the Service does not grant or provide you with the right or license to reproduce or otherwise use the Faithplay name or any Faithplay or third-party trademarks, service marks, graphics, or logos.
11. NOTICE FOR CLAIMS OF COPYRIGHT VIOLATIONS AND AGENT FOR NOTICE. If you are a copyright owner and have a good faith belief that any material available through the Services infringes upon your copyrights, you may submit a copyright infringement notification to Faithplay pursuant to the Digital Millenium Copyright Act by providing us with the following information in writing: (i) an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services, with enough detain that we may find it on the Services; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Please consult your legal counsel for further details or see 17 U.S.C. §512(c)(3). Faithplay’s Agent for Notice of claims of copyright infringement can be reached as follows:
By mail: ____Name_____, Copyright Agent, Outreach, Inc., 5550 Tech Center Parkway, Colorado Springs, CO 80919
By email: [email protected]
12. NOTICE. By using these Services or communicating with Faithplay, You agree that Faithplay may communicate with You electronically regarding security, privacy, and administrative issues relating to Your use of the Services or these Terms. If Faithplay learns of a security system’s breach, Faithplay may attempt to notify You electronically by posting a notice through the Services or sending an email to You. You may have a legal right to receive this notice in writing. To withdrawal Your consent from receiving electronic notice, please write to Faithplay at [email protected]. Notice will be deemed given twenty-four hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Faithplay may give You legal notice by mail to a postal address, if provided by You and postal notice is requested, through Your use of the Services. In such case, notice will be deemed given three days after the date of mailing.
13. DISCLAIMERS. THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. FAITHPLAY SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OR DEALING OR USAGE OF TRADE. FAITHPLAY FURTHER DISCLAIMS ANY AND ALL LIABIILTY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.
14. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FAITHPLAY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN FAITHPLAY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION. IN NO EVENT SHALL FAITHPLAY’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED TWENTY U.S. DOLLARS ($20) OR THE TOTAL AMOUNT OF FEES RECEIVED BY FAITHPLAY FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST SIX MONTHS, WHICHEVER IS GREATER.
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMIATIONS OF LIABILITY SET FORTH IN THIS TERMS OF SERVICE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND FAITHPLAY, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO FAITHPLAY’S ABILITY TO MAKE THE SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.
YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
15. JURISDICTION & GOVERNING LAW; RESOLUTION OF CLAIMS AND DISPUTES.
This website is owned and operated from offices located in Colorado Springs, Colorado. Regardless of the place of execution, this Agreement shall be deemed to be an agreement made in Colorado Springs, CO, fully performed in Colorado Springs CO, and the laws of the State of Colorado shall govern this agreement without regard to the principles of conflicts of laws. Listener expressly waives any presumption or rule, if any, which requires this Agreement to be construed against Faithplay. Any claims or disputes arising from or related to this Agreement shall be settled by mediation and, if necessary, legally binding arbitration in Colorado Springs, CO in accordance with the Rules of Procedure for Christian Conciliation of the Institute for Christian Conciliation (a division of Peacemaker Ministries) (available here: http://peacemaker.net/rules-of-procedure/ ). Judgment upon an arbitration decision may be entered in any court otherwise having jurisdiction. The parties understand that these methods shall be the sole remedy for any controversy or claim arising out of this Agreement and expressly waive their right to file a lawsuit in any civil court against one another for such disputes, except to enforce an the mandatory arbitration provision of this Agreement or to enforce an arbitration decision.
16. GENERAL TERMS. Faithplay reserves the right that it may, without notice, revise these Terms of Service at its sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by Faithplay. For any material changes to the Terms, it will take reasonable steps to notify You of such changes. It is your responsibility to check the Terms of Service to insure your compliance therewith. In all cases, Your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms. Neither party shall be liable for any delay or failure in performance of any part of this Agreement from any cause beyond its control and without its fault or negligence, such as acts of God, acts of civil or military authority, government regulations, major environmental disturbances, unusually severe weather conditions, inability to secure products or services of other persons or facilities, or acts or omissions of common carriers. If any portion of this Agreement shall be held to be illegal, invalid, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not effect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. In lieu of each such illegal, invalid, or unenforceable provision, there shall be added automatically as part of this Agreement a provision as similar to such former provision as shall be legal, valid, and enforceable, if possible, and such provision shall be applied. The provisions of this Agreement shall apply to, bind and inure to the benefit of Faithplay and Listener and their respective successors, legal representatives, or assigns.
Notice for California Users. Under California Civil Code Section 1789.3, California websites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Statute of Limitations. Any claim or cause of action arising out of or related to use of the Services, the Terms, or any services or information available through Third Party Platforms, must be filed within one (1) year after such claim or cause or action arose regardless of any statutes or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action are forever barred.