Digital Faith Community
TERMS OF USE AGREEMENT
This Terms of Use Agreement ('Agreement') sets forth the terms for your use of Digital Faith Community, and is legally binding between you and the Alliance Technologies, a division of the Alliance for Christian Media and parent of Episcopal Media Center (‘Alliance Technologies'). By using Digital Faith Community, you agree to be bound by this Agreement, whether you are a Digital Faith Community 'Member' (which means that you have entered into a letter agreement with Alliance Technologies for use of the Digital Faith Community) or you are a Digital Faith Community 'Visitor' (which means you have not registered with Digital Faith Community, but may be a contributor to the system by virtue of your relationship with a Member organization or one of its designees). The term 'User' refers to a Visitor or a Member. You are only authorized to use Digital Faith Community (regardless of whether your access or use is intended) if you agree to abide by all applicable laws, to this Agreement and abide by the Community Policy (See Attached) as modified from time to time.
This Agreement includes the policy for acceptable use of Digital Faith Community and Content posted on the Digital Faith Community, your rights, obligations and restrictions regarding your use of Digital Faith Community, and the Digital Faith Community Privacy Policy. In order to participate in certain Digital Faith Community services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to Digital Faith Community in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: patrick@herold.org, Subject: Terms of Use Agreement.
1. Modification of Terms
ALLIANCE TECHNOLOGIES may modify this Agreement from time to time, and such modification will be effective upon posting by ALLIANCE TECHNOLOGIES on Digital Faith Community as reflected by a link on the Content Management System entitled ‘User Agreement’. You agree to be bound to any changes to this Agreement when you use Digital Faith Community after any such modification is posted. Please review this Agreement regularly to ensure you are updated as to any changes.
2. Eligibility
Use of and Membership in Digital Faith Community is void where prohibited. By using Digital Faith Community, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of Digital Faith Community does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are less than 13 years of age.
3. Term
This Agreement shall remain in full force and effect while you use Digital Faith Community or are a Member. ALLIANCE TECHNOLOGIES may terminate your Membership at any time, without warning. This Agreement will remain in effect after your Membership is terminated. Any provisions that contemplate rights or responsibilities post termination shall survive termination.
4. Password
You are entirely responsible for maintaining the confidentiality of your Digital Faith Community password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify ALLIANCE TECHNOLOGIES immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Non-commercial Use by Members
Digital Faith Community and all associated services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by ALLIANCE TECHNOLOGIES. Illegal and/or unauthorized use of Digital Faith Community, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to Digital Faith Community is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of Digital Faith Community.
6. Ownership of Rights in Content on Digital Faith Community
1. Member Content. To the extent that you own the rights, including the worldwide copyright, in and to the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, 'Content') that you post to Digital Faith Community, you retain those rights solely and exclusively, for the duration of the rights in each country, in all languages, and throughout the universe. By displaying or publishing ('posting') any Content on or through the Digital Faith Community, you hereby grant to ALLIANCE TECHNOLOGIES a limited, non-exclusive license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on, through and throughout the Digital Faith Community. Further ALLIANCE TECHNOLOGIES may distribute your Content on other websites and through other means as ALLIANCE TECHNOLOGIES uses from time to time. The rights licensed in this Section will survive termination.
2. ALLIANCE TECHNOLOGIES Content. Digital Faith Community contains Content of ALLIANCE TECHNOLOGIES and intellectual property licensed from 3rd parties ('ALLIANCE TECHNOLOGIES Content') that is protected by contact, copyright, trademark, patent, trade secret and other laws. ALLIANCE TECHNOLOGIES and 3rd parties own and retains all rights, including the worldwide copyright, in the ALLIANCE TECHNOLOGIES Content and the Digital Faith Community solely and exclusively, for the duration of the rights in each country, in all languages, and throughout the universe. ALLIANCE TECHNOLOGIES hereby grants you a limited, revocable license to use Digital Faith Community.
3. Member Representations. You represent and warrant that: (i) you own the Content posted by you on or through Digital Faith Community or otherwise are authorized to grant to ALLIANCE TECHNOLOGIES the nonexclusive license as set forth in Section 5A; (ii) you will, upon request, provide to ALLIANCE TECHNOLOGIES documentation indicating the source of your authority to grant said non-exclusive license; and (iii) the posting of your Content on or through Digital Faith Community does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through Digital Faith Community.
4. Limitations on Use of Content. Digital Faith Community contains Content of other Digital Faith Community Members. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, license, sell, or otherwise transfer any Content appearing on or through Digital Faith Community.
7. Content Posted
1. ALLIANCE TECHNOLOGIES may delete any Content that in the sole judgment of ALLIANCE TECHNOLOGIES violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. While ALLIANCE TECHNOLOGIES continually monitors Digital Faith Community for inappropriate Content or conduct, ALLIANCE TECHNOLOGIES assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the Member submitting any such Content.
2. You are solely responsible for the Content that you post on or through Digital Faith Community, and any material or information that you transmit to other Members and for your interactions with other Users. ALLIANCE TECHNOLOGIES does not endorse the Content posted by Digital Faith Community Members to Digital Faith Community. Content posted to Digital Faith Community does not necessarily reflect the opinions or policies of ALLIANCE TECHNOLOGIES. ALLIANCE TECHNOLOGIES makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
8. Content/Activity Prohibited
1. Your Digital Faith Community account may not include any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. ALLIANCE TECHNOLOGIES assumes no responsibility or liability for any such material posted by Digital Faith Community Members. If you become aware of misuse of Digital Faith Community by any person, please contact ALLIANCE TECHNOLOGIES or click on the ‘SUPPORT SITE' link at the bottom of any Digital Faith Community page. ALLIANCE TECHNOLOGIES reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of Digital Faith Community at any time, for any or no reason, with or without prior notice, and without liability.
2. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through Digital Faith Community. ALLIANCE TECHNOLOGIES reserves the right to investigate and take appropriate legal action against anyone who, in ALLIANCE TECHNOLOGIES’s sole discretion, violates this provision, including without limitation, removing the offending communication from Digital Faith Community and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of ALLIANCE TECHNOLOGIES:
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information from anyone under 18;
- provides any telephone numbers, street addresses, last names, URLs or email addresses of individuals that did not consent to such information becoming publicly available;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of 'junk mail,' 'chain letters,' or unsolicited mass mailing or 'spamming';
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or,
- includes a photograph of another person that you have posted without that person's consent.
3. The following is a partial list of the kind of activity that is illegal or prohibited on Digital Faith Community and through your use of Digital Faith Community. ALLIANCE TECHNOLOGIES reserves the right to investigate and take appropriate legal action against anyone who, in ALLIANCE TECHNOLOGIES’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
- criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- advertising to, or solicitation of, any Member to buy or sell any products or services through Digital Faith Community without prior approval. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from Digital Faith Community in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, ALLIANCE TECHNOLOGIES reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which ALLIANCE TECHNOLOGIES deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through Digital Faith Community, you acknowledge that you will have caused substantial harm to ALLIANCE TECHNOLOGIES, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay ALLIANCE TECHNOLOGIES $50 for each such unsolicited email or other unsolicited communication you send through Digital Faith Community;
- any automated use of the system, such as using scripts to add friends or send comments or messages;
- interfering with, disrupting, or creating an undue burden on Digital Faith Community or the networks connected to Digital Faith Community;
- attempting to impersonate another Member or person;
- using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
- selling or otherwise transferring your account;
- using any information obtained from Digital Faith Community in order to harass, abuse, or harm another person;
- displaying an advertisement on your account, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through Digital Faith Community on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose; or,
- using Digital Faith Community in a manner inconsistent with any and all applicable laws and regulations.
9. Copyright Policy
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of ALLIANCE TECHNOLOGIES to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to ALLIANCE TECHNOLOGIES by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on Digital Faith Community in a way that constitutes copyright infringement, please provide ALLIANCE TECHNOLOGIES with the following information:
- (i) an electronic or physical signature of 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 Digital Faith Community;
- (iv) your address, telephone number, and email address;
- (v) a written 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;
- (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 authorized to act on the copyright owner's behalf.
ALLIANCE TECHNOLOGIES’s agent for notice of claims of copyright infringement can be reached as follows:
Copyright Agent, Alliance Technologies, 644 W Peactree St NW, Atlanta, GA 30308; telephone: 404-815-0640; and email: patrick@herold.org.
10. Member Disputes
You are solely responsible for your interactions with other Digital Faith Community Members. ALLIANCE TECHNOLOGIES reserves the right, but has no obligation, to monitor disputes between you and other Members.
11. Privacy
Use of Digital Faith Community is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
12. Disclaimers
ALLIANCE TECHNOLOGIES is not responsible for any incorrect or inaccurate Content posted on or in connection with Digital Faith Community, whether caused by Users of Digital Faith Community or by any of the equipment or programming associated with or utilized in Digital Faith Community. Content created and posted by Members on Digital Faith Community may contain links to other websites. ALLIANCE TECHNOLOGIES is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by ALLIANCE TECHNOLOGIES. Inclusion of any linked website on Digital Faith Community does not imply approval or endorsement of the linked website by ALLIANCE TECHNOLOGIES. When you access these third-party sites, you do so at your own risk.
ALLIANCE TECHNOLOGIES is not responsible for the conduct, whether online or offline, of any User of Digital Faith Community. ALLIANCE TECHNOLOGIES assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. ALLIANCE TECHNOLOGIES is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on Digital Faith Community or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with Digital Faith Community. Under no circumstances shall ALLIANCE TECHNOLOGIES be responsible for any loss or damage, including personal injury or death, resulting from use of Digital Faith Community, from any Content posted on or through Digital Faith Community, or from the conduct of any Users of Digital Faith Community, whether online or offline. Digital Faith Community is provided 'AS-IS' and as available and ALLIANCE TECHNOLOGIES expressly disclaims any warranty of fitness for a particular purpose or non-infringement. ALLIANCE TECHNOLOGIES cannot guarantee and does not promise any specific results from use of Digital Faith Community.
13. Limitation on Liability
IN NO EVENT SHALL ALLIANCE TECHNOLOGIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF Digital Faith Community, EVEN IF ALLIANCE TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ALLIANCE TECHNOLOGIES 'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ALLIANCE TECHNOLOGIES FOR THE USE OF Digital Faith Community DURING THE TERM OF MEMBERSHIP.
14. U.S. Export Controls
Software available in connection with Digital Faith Community (the 'Software') is further subject to United States export controls. No Software may be downloaded from Digital Faith Community or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is expressly prohibited.
15. Disputes
If there is any dispute about or involving Digital Faith Community, you agree that the dispute shall be governed by the laws of the State of Georgia, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Georgia. Either ALLIANCE TECHNOLOGIES or you may demand that any dispute between ALLIANCE TECHNOLOGIES and you about or involving Digital Faith Community must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in the State of Georgia, USA, provided that the foregoing shall not prevent ALLIANCE TECHNOLOGIES from seeking injunctive relief in a court of competent jurisdiction.
16. Indemnity
You agree to indemnify and hold ALLIANCE TECHNOLOGIES, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of Digital Faith Community in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on Digital Faith Community or through Digital Faith Community causes ALLIANCE TECHNOLOGIES to be liable to another.
17. Other
This Agreement is accepted upon your use of Digital Faith Community and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and ALLIANCE TECHNOLOGIES regarding the use of Digital Faith Community. The failure of ALLIANCE TECHNOLOGIES to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Digital Faith Community is a trademark of Brick River Technologies, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at patrick@herold.org with any questions regarding this Agreement.
Stay Updated on Community Guidelines
Want to keep up with important updates, platform announcements, and community policies? Subscribe to the Digital Faith newsletter.
Subscribe to Email Updates```
