AGREEMENT BETWEEN USER AND ChurchFinder.com. This website and other affiliated websites (collectively, the "Website" or "CF Web Sites" or "ChurchFinder.com") operated by Foyer Media, LLC, or its affiliates or subsidiaries ("CF" or "Church Finder"), is comprised of various Web sites and Web pages, including, but not limited to ChurchFinder.com, and Churches-In.com. The CF Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the CF Web Sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular CF website included within the CF Web Sites network may also be subject to additional terms outlined elsewhere on that website (the "Additional Terms"). Additionally, the CF Web Sites may themselves contain additional terms that govern particular features or offers (for example, e-mail services or chat areas). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular CF website, then these terms shall control.
USE OF SITE. PERSONAL AND NON-COMMERCIAL USE LIMITATION. Unless otherwise specified, the CF Web Sites are for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the CF Web Sites. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own noncommercial use limited to personal search for a local church to attend, or to place an order with CF or to purchase CF products. Unless otherwise specified, you may not download, scrape, copy, distribute, transmit, reproduce, create derivative works from, or transcribe church data for more than 50 churches in a one-year period from ChurchFinder.com for any reason. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of CF is strictly prohibited.
Harassment in any manner or form on the Site or any of the CF Websites, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a CF employee, host, or representative or other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service.
USE OF CHURCH DATA. PERSONAL AND NON-COMMERCIAL USE LIMITATION. AREEMENT TO NON-SOLICTATION OF CHURCHES. Unless otherwise specified, all church data on the CF Web Sites are for your personal and noncommercial use. You may not use ChurchFinder.com to contact churches via mail, e-mail or phone for any reason other than a personal search for a church to attend in a local geographical area. Unless you have authorized, written permission from ChurchFinder.com, you may not use the church phone numbers or any church data to contact churches for or on behalf of an organization, company, ministry, event or any other purpose other than a personal search for a church to visit or attend. If you continue to browse and use this website, you are agreeing to not using the church data contained on ChurchFinder.com for any soliciation purposes. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of CF is strictly prohibited.
COPYRIGHTS AND TRADEMARKS. The entire content included in this Site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of CF. The collective work includes works that are licensed to CF. Copyright 2013. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered trademarks of and are proprietary to ChurchFinder.com, or other respective owners as noted througout the CF Web Sites.
The following are trademarks of Foyer Media, LLC, or its affiliate, Koine Media, LLC:
Church Finder ChurchFinder.com The ChurchFinder.com logo
Trademarks used on CF Web Sites are the properties of the respective owners. These include, but are not limited to:
SermonCast Google Yahoo Bing
TYPOGRAPHICAL ERRORS. In the event a CF product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, CF shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. CF shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, CF shall issue a credit to your credit card account in the amount of the incorrect price.
TERM; TERMINATION. These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration or shopping process. These terms and conditions, or any of them, may be modified or terminated by CF without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.
ChurchFinder.com reserves the right, in its sole discretion, to change, limit, or discontinue any aspect, content, or feature of the Website, as well as any aspect pertaining to the use of the Website.
USER PARTICIPATION. CF does not and cannot review all communications and materials posted to or created by users accessing the Site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Site, CF is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, CF reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to CF at its sole discretion. Note that any personally identifiable information you may post or transmit will be treated by CF in accordance with CF's Privacy Statement.
Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Statement, any material, information or other communication you transmit, upload or post to this Site ("Communications")will be considered non-confidential and non-proprietary. CF will have no obligations with respect to the Communications. CF and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.
You agree to release CF, its parents and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of this web site. If at any time you are not happy with the web site or object to any material within the web site, your sole remedy is to cease using them.
USER CONTENT - ChurchFinder.com includes information, images, photos, commentary, content, opinions and material that our users upload ("User Content"). You agree to upload and post only User Content that you have created yourself, and that you have full ownership of and rights to publish on-line. ChurchFinder.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to User Content. We don't test or verify any User Content on the Site. While we do not knowingly accept User Content that violates another's rights, we are not responsible if it happens.
You are responsible for your own User Content, whether posted in a Church Profile, review, or other public posting areas on the Site. You agree to conform to Site polices and guidelines concerning the size, length, format, subject, content, and relevancy of User Content. Submitting User Content that violates our rules or any applicable local, national or international laws or regulations is not acceptable, and may subject you to sanctions, including termination of your account and user rights.
User Content may NOT include nude photos or other images or material that an individual might find offensive, indecent and/or objectionable. We will determine, in our sole discretion, whether User Content is acceptable. Our decision is final even if an individual user disagrees with our judgment. We reserve the right (but assume no obligation) to edit, redact or delete User Content that we consider unacceptable or inappropriate, or for any other reasons, which we need not disclose, at our discretion and convenience. When removing images that are contained in User Content, we may remove only the images to which we object, all the images uploaded by the user, at our convenience and discretion.
User Content may be, and often is, edited. Our editors and moderators, some of whom are volunteers, strive to highlight User Content that we determine to be most interesting or useful to our user community. We reserve the right to edit, redact or delete any User Content that you upload to the Site, at our sole discretion. ChurchFinder.com also contains material from experts, organizations and advertisers ("Third Party Content"). ChurchFinder.com is not responsible for the accuracy, reliability or usefulness of Third Party Content.
USER SUBMISSIONS - CHURCH INFORMATION. Our mission is to help connect people with Christian churches. To fulfill this mission, we strive to maintain accurate information on Christian churches, and we monitor submissions to ensure that submissions made on the site are Christian churches (not schools, para-church ministries, or other non-profits; not churches of other religions outside of Christianity). We also ask our user community for assistance with monitoring submissions. If any user sees a listing that is not a Christian church, please submit it to us for review. CF reserves the exclusive right to edit or delete any information submitted as a Church Profile, or any church information submitted by a user that we deem to be innaccurate, incomplete, or inappropriate for our Christian audience. Only true and accurate information about a church should be posted on a Church Profile, and any user found to be posting inaccurate information will be in violation of the TOS and subject to having their account blocked and/or removed from CF. By submitting any information for inclusion on ChurchFinder.com, you agree that the information may be reviewed by CF at any time, and may be edited or removed by CF staff at any time.
YOUR CONTENT - OWNERSHIP. You retain all rights and ownership in your content, including text (such as descriptions of your church), photographs and video, e.g, "User Content". ChurchFinder.com does not claim any ownership rights in your content. You agree to upload and post only User Content that you have created yourself, and that you have full ownership of and full royalty-free rights to publish on-line the User Content on-line. You agree to assume all responsibility for your content and any Intellectual Property claims related to your content.
YOUR CONTENT - AGREEMENT TO LICENSE. Even though we don't claim ownership of your content, we do need certain licenses to your content in order to operate the Website. When you upload or submit contnet to the Website, you grant ChurchFinder.com (and our parents and affiliates) a worldwide license to communicate, distribute, host, make modifications or derivative works (solely for the purpose of better showcase for your work), publically display, publish, reproduce, sublicense, adapte, transmit, store, use, or delete such content as CF sees fit. This license granted by you is for the only purpose of operating, marketing, promoting, and improving our Services.
USER SUBMISSIONS - CHURCH REVIEWS. As a Reviews website, both positive and negative reviews of churches are allowed, but CF reserve the right to edit or delete any review that we deem to be too derogatory. When you submit a Church Review, you are agreeing to it being published on-line, including a link to your Personal Profile on CF.
USER SUBMISSIONS - PERSONAL PROFILE. Each user that registers on ChurchFinder.com receives a free Personal Profile, that is linked to from content that you might add, such as a Church Review. User agrees that they understand that they are solely responsible for the information they include on their Personal Profile, and agree to having that information published on-line. E-mail addresses are NOT published on-line, but other information such as a user's profile photo (or Avatar), name and city are published on the Personal Profiles. If a user wishes to be more anonymous, CF recommends using their First Name and first initial of Last Name (instead of entire last name), but this is complete at the discretion and responsibility of the user. Any user can edit their Personal Profile at any time from their Dashboard after registration.
USER FORUMS. CF may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. CF, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.
You are welcome to post, transmit or submit messages and other materials(which include uploading files, inputting data or any other materials or engaging in any form of communication in connection with this Site)(collectively "Messages") to bulletin boards, chat rooms, church profiles, personal profiles, or other public areas within, or in connection with, this Site (collectively "Forums"). However, CF accepts no responsibility whatsoever in connection with or arising from such Messages. In addition, children under the age of 13 are not authorized to post messages or participate in forums on this site.
CF does not endorse and has no control over the content of Messages submitted by others to Forums. Messages submitted to Forums are not necessarily reviewed by CF prior to posting and do not necessarily reflect the opinions or policies of CF. CF makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless, CF reserves the right to prevent you from submitting Materials to Forums and to edit, restrict or remove such Messages for any reason at any time.
CF assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time CF chooses, in its sole discretion, to monitor the Forums, CF nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that CF accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts or removes your Messages. You also agree to permit any other user of this Site toaccess, view, store or reproduce the material for that other user's personal use and not to restrict or inhibit the use of the Site by any other person.
You agree that you will not submit Messages to Forums that:
• Are unlawful, threatening, obscene, vulgar, pornographic, profane or indecent including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law;
• Violate the copyright, trademark or other intellectual property rights of any other person. By submitting Messages to Forums, you represent to CF that you are the rightful owner of such material or that you have first obtained permission to submit the material from the rightful owner;
• Improperly assume or claim the identity, characteristics or qualifications of another person
• Are for purposes of spamming
• Contain any virus or other harmful component
• Are libelous, or an invasion of privacy or publicity rights or any other third party rights; or
• Are for commercial purposes or contain advertising orare intended to solicit a person to buy or sell services or to make donations.
DMCA POLICY - ChurchFinder.com respects the intellectual property rights of others and expects its users to do the same. Each registered user has agreed to the Terms and Conditions, including agreeing to only upload User Content that they created, own, and have full royalty-free rights to publish on-line. However, if any User Content may infringe upon the rights of another party, in accordance with the Digital Millennium Copyright Act of 1998, ChurchFinder.com will respond expeditiously to claims of copyright infringement committed using the Website if such claims are reported to ChurchFinder.com's Designated Copyright Agent identified in the notice below.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alledged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alledged infringement ann delivering it to ChurchFinder.com's Designated Copyright Agent. Upon receipt of Notice as described below, ChurchFinder.com will take whatever action, in its sole discretion, it deems appropriate, which may include removal of the challenged content from the Website.
DMCA Notice of Alleged Infrigement ("Notice")
1. Identify the copyrighted work that you claim has been infringed.
2. Identify the material or link you claim is infirnging (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, the URL of the link shown on the Website or the exact locaiton where such material may be found.
3. Provide your company affiliation, mailing address, telephone number, and email address.
4. Include bothy of the following statements in the body of the Notice:
"I hearby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)"
"I hearby state that the information in this Notice is accourate and, under penalty of perjury, that I am the owner , or authorzied to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
5. Provide your full legal name and your electronic or physical signature.
Deliver this notice, with all items completed, to ChurchFinder.com's Designated Copyright Agent:
3245 Main Street, Suite 235-525
Frisco, TX 75034
For a quicker response, you may also email us at MemberServices [at] ChurchFinder.com, but only written notices received at the above address and with all items completed will be considered officially received in compliance with DMCA.
INTELLECTUAL PROPERTY - You agree that the ChurchFinder.com Website, including but not limited to graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Website, contains proprietary information and material that is owned by ChurchFinder.com and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for the use of the Website in compliance with this agreement. No portion of the Website may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Website in any manner, and you shall not exploit the Website in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
THIRD-PARTY LINKS. In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "External Sites"). However, even if the third party is affiliated with CF, CF has no control over these linked sites, all of which have separate privacy and data collection practices, independent of CF. CF has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that CF sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, CF seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work).You should contact the Site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
CLAIMS. Each claim or statement about the effectiveness of CF products and/or each claim or statement comparing the effectiveness of CF products to the effectiveness of other products is expressly limited to the United States, unless otherwise disclosed on the Site.
DISCLAIMER. CF makes no warranties or representations about the accuracy or completeness of this Site's content or the content of any site or External Sites. CF does not filter advertisements or other content that children may view through our sites or "hot-linked" sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software.
THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. CF DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CF DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. IN NO EVENT SHALL CF BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF CF HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION. You agree to indemnify, defend, and hold harmless CF, its officers, directors, employees, agents, licensors and suppliers (collectively the "Provider") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account.
APPLICABLE LAWS. Your use of this Site shall be governed in all respects by the laws of the state of Texas, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of CF products) shall be in the state or federal courts located in Denton, Texas. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of CF products) must be commenced within one (1) year after the claim or cause of action arises. CF's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. CF may assign its rights and duties under this Agreement to any party at any time without notice to you. CF makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside Texas do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of the State of Texas.
ARBITRATION. By using this Site, you agree that CF, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.
GENERAL. CF may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
Copyright Foyer Media, LLC dba ChurchFinder.com
Last updated 1/5/2017