Effective June 28, 2018
Welcome to the MyParishApp mobile and smartphone application (the “App”), which is operated by DioTrin LLC (“Company” or “we”). The services Company provides through the App may include without limitation information about churches and services, Bible content and related reference material, local and national advertising, and any other features, content, or applications offered from time to time by Company in connection with the App and any websites controlled by Company and directing to the App or offering the App for download (collectively, the “Company Services”). Company is based in the United States and the Company Services are hosted in the United States.
The Company Services contain information, text, files, images, images, video, sounds, audio works, works of authorship, applications, and any other materials or content (collectively, “Content”) of Company (“Company Content”). Company Content is protected by copyright, trademark, patent, trade secret and other laws, and as between you and Company, Company owns and retains all rights in the Company Content and the Company Services. Company hereby grants you a limited, revocable, nonsublicensable license to access and display the Company Content (excluding any software code), which is intended for your personal, non-commercial use in connection with viewing and using the App and using the Company Services. The Company Services may also contain Content of users and other Company licensors, which additional content is included in the term “Company Content.” Except as provided in this Agreement or as explicitly allowed on the Company Services, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use any Company Content appearing on or through the Company Services.
Except as explicitly and expressly permitted by the Company, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the design elements, branding, and trade dress of the Company Content. This prohibition applies regardless of whether the derivative works or materials are sold, bartered or given away. You may not either directly or through the use of any device, software, internet site, web-based service or other means remove, later, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content, including geo-filtering mechanisms.
Your Use of Company Services
The Company Services are offered for your personal use only and may not be used for commercial purposes, unless specifically endorsed or authorized by Company in a separate writing. Company reserves the right to remove commercial content in its sole discretion.
Company currently does not plan to make available through the App the ability for users, other than for certain registered administrative users, to separately post Content through the App. If you are such an administrative user, you understand that you are responsible for all Content that you post, upload, transmit, email or otherwise make available on, through or in connection with the Company Services (collectively, “User Content”). Accordingly, please choose carefully the information that you post on, through or in connection with the Company Services.
You understand that Company does not control directly or moderate the User Content posted by administrative users via the Company Services and, as such, you understand you may be exposed to offensive, indecent, inaccurate or otherwise objectionable Content. Company assumes no responsibility or liability for this type of Content. If you become aware of any misuse of the Company Services including without limitation the posting of offensive, indecent, inaccurate or otherwise objectionable Content, please notify the Company immediately in writing at firstname.lastname@example.org. The Company assumes no responsibility for monitoring the Company Services for inappropriate Content or conduct. If at any time, the Company chooses in its sole discretion to monitor the Company Services, the Company nonetheless assumes no responsibility for Content other than Company Content, assumes no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user.
Company reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by Company in its sole discretion. You acknowledge the Company reserves the right to investigate and take appropriate legal action against anyone who, in Company’s sole discretion, violates this Agreement, including but not limited to, terminating their user account and/or reporting such User Content, conduct, or activity to law enforcement authorities.
You acknowledge, consent and agree that Company may access, preserve or disclose information you provide to the App, including User Content, when Company has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect or defend the legal rights or property of Company, our parents, subsidiaries or affiliates (“Affiliated Companies”), or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of Users of the Company Services or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or legal process.
Prohibitions on Use of Company Services
You agree not to use the Company Services to:
- Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; harmful; abusive; pornographic or includes nudity; offensive; harassing; excessively violent; tortuous; defamatory; invasive of another’s privacy, publicity, copyright, trademark, patent, trade secret, contract or other rights; false or misleading; obscene; vulgar; libelous; hateful; or discriminatory;
- Violate the rights of others including patent, trademark, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
- Harass or harm another person;
- Exploit or endanger a minor;
- Impersonate or attempt to impersonate any person or entity;
- Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
- Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Company Services, including Company’s servers, networks or accounts;
- Cover, remove, disable, block or obscure advertisements or other portions of the Company Services;
- Use technology or any automated system such as scripts or bots in order to collect usernames, passwords, email addresses or other data from the Company Services, or to circumvent or modify any security technology or software that is part of the Company Services;
- Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the Company Services. If you do so, you acknowledge you will have caused substantial harm to Company, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay Company $50.00 for each actual or intended recipient of such communication;
- Solicit, collect or request any personal information for commercial or unlawful purposes;
- Post, upload or otherwise transmit an image or video of another person without that person’s consent;
- Engage in commercial activity (including but not limited to sales, contests, or sweepstakes) without Company’s prior written consent;
- Use the Company Services to advertise or promote competing services to those provided or advertised within the Company Services;
- Use the Company Services in a manner inconsistent with any and all Applicable Law; or
- Attempt, facilitate or encourage others to do any of the foregoing.
Administrative Users and User Content
If you are an administrative user with the right to post User Content on the Company Services, Company does not claim any ownership rights in the User Content that you post, upload, email transmit, or otherwise make available on, through or in connection with the Company Services; provided, however, that User Content shall not include any Content posted that is already owned by Company or any Affiliated Company. By posting any User Content on, through or in connection with the Company Services, you hereby grant to Company and our Affiliated Companies, licensees and authorized users, a perpetual, non-exclusive, fully-paid and royalty-free, sublicensable, transferable (in whole or in part), worldwide license to use, modify, excerpt, adapt, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, and distribute such User Content on, through or in connection with the Company Services or in connection with any distribution or syndication thereof to Third Party Services (as defined below), on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or commercial purposes. Company’s use of such User Content shall not require any further notice to you and such use shall be without the requirement of any permission from or payment to you or to any other person or entity. Company reserves the right to limit the storage capacity of User Content that you post on, through or in connection with the Company Services.
If you are an administrative user and post User Content on the Company Services, you represent and warrant that: (i) you own the User Content posted by you on, through or in connection with the Company Services, or otherwise have the right to grant the license set forth in this Section, and (ii) the posting of User Content by you on, through or in connection with the Company Services and Third Party Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content posted by you on or through the Company Services or Third Party Services. Company further reserves the right, but disclaims any obligation or responsibility, to prevent you from posting User Content to the Company Services and to restrict or remove your User Content from appearing on the Company Services for any reason at any time, including without limitation if Company determines in its sole discretion that the rights of third parties might be violated by User Content you have posted to the Company Services.
Copyrights and Other Intellectual Property
Company respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Company has a policy of terminating repeat infringers’ access to the Company Services in appropriate circumstances.
If you believe that any material residing on or linked to from the Company Services infringes your copyright, please send Company a notification of claimed infringement with all of the following information: (i) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (ii) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Company Services (such as the location within the App or the URL(s) of the claimed infringing material); (iii) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (iv) 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; (v) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner’s behalf; and (vi) your physical or electronic signature.
Company will process notices of alleged infringement which it receives and will take appropriate actions as required by the Digital Millennium Copyright Act (the “DMCA”) and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to Company’s Designated Agent.
Service Provider(s): DioTrin, LLC
Name/Contact Information of Designated Agent:
Robert Zielke, Jr.
500 S. Lake Destiny Dr.
Orlando, Florida 32810-6249
Telephone: (407) 660-6249
Third Party Links and Services
Purchasing Services or Products, or Making Contributions
Company makes no warranty, and accepts no liability for any loss or damages whatsoever, relating to or in connection with your placement of an order for a Third Party Product with the Processor or through any Third Party Service. Company provides no refunds for such purchases or contributions. You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges. You acknowledge and agree that in the event Processor or any Third Party Service experiences a data breach that affects your Personal Financial Information, Company will in no way be responsible or liable to you for any such breach.
Company will not store any record of your Personal Financial Information or any other records related to purchases, contributions or other transactions you make through Third Party Services, and we do not and will not request Personal Financial Information directly through the Company Services. Any communication claiming to be from the Company or any Affiliated Company that request Personal Financial Information may be a “spoof” or “phishing” email from a third party seeking to gain access to your information and records. Please forward any such communications to us at email@example.com.
You should maintain records of all your transactions on Third Party Services. If you have any questions regarding your transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your Personal Financial Information, you must contact the Processor or Third Party Service through which you conducted the transaction.
You are solely responsible for your interactions with other users of the Company Services, providers of Third Party Services or any other parties with whom you interact on, through or in connection with the Company Services. Company reserves the right, but has no obligation, to become involved in any way with these disputes.
The Company Services are provided “AS-IS” and “as available” and Company does not guarantee or promise any specific results from use of the Company Services. Company expressly disclaims any warranties and conditions of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In particular, Company makes no warranty that your use of the Company Services will be uninterrupted, timely, secure or error-free or that any information obtained by you on, through or in connection with the Company Services or Third Party Services (including but not limited to, through User Content or third party advertisements) will be accurate or reliable.
Under no circumstances will Company be responsible for any loss or damage, including but not limited to, property damage, personal injury or death, resulting from use of the Company Services, problems or technical malfunction in connection with use of the Company Services, attendance at a Company event, any material downloaded or otherwise obtained in connection with the Company Services, any User Content, third party advertisement or Third Party Service posted on, through or in connection with the Company Services, or the conduct of any users of the Company Services, whether online or offline. Your use of User Content, third party advertisements, Third Party Services and the goods or services provided by any third parties is solely your responsibility and at your own risk. User Content, third party advertisements and Third Party Services do not necessarily reflect the opinions or policies of Company, and the presence of any User Content, third party advertisements or Third Party Services within the Company Services should not and shall not be construed as an endorsement or approval by Company of such User Content, third party advertisements or Third Party Services.
Limitation on Liability
IN NO EVENT WILL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’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 COMPANY FOR THE COMPANY SERVICES DURING THE TERM OF YOUR USE OF THE COMPANY SERVICES.
U.S. Export Controls
Software available in connection with the Company Services (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Company Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
The Agreement will be governed by, and construed in accordance with, the laws of the State of Texas, without regard to its conflict of law provisions.
The arbitration will be conducted by the American Arbitration Association (AAA) under its commercial arbitration rules or the AAA’s Consumer Arbitration Rules if you are an individual who qualifies as a consumer under the Consumer Arbitration Rules (a “Consumer”) and the AAA agrees the dispute qualifies to be resolved under the Consumer Arbitration Rules. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. If you are a Consumer, we will reimburse those fees for claims totaling less than $5,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration from a Consumer unless the arbitrator determines the claims are frivolous. If you are a Consumer, you may choose to have the arbitration conducted by telephone, based on written submissions, or, in person, in which event it must be conducted in Travis County, Texas or other mutually agreed location. If you are not a Consumer, the arbitration shall be conducted in person in Travis County, Texas or other mutually agreed location. You and we agree that there will be a single arbitrator, the arbitrator may not award punitive damages or damages in excess of those permitted under this Agreement and that judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
You and we agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial and agree to the exclusive jurisdiction and venue of courts located in Travis County, Texas. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. The parties shall instruct the arbitrator to render his decision no later than ninety (90) days after submission of the dispute to the arbitrator. Each party agrees to keep all disputes and arbitration proceedings strictly confidential, except for disclosures of information in the ordinary course of business of the parties or by applicable law or regulation.
To the extent any dispute cannot be referred to arbitration pursuant to the provision above, you and Company agree to submit to the exclusive jurisdiction of the courts located in Travis County, Texas to resolve any dispute arising out of the Agreement or the Company Services. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.
You agree to indemnify and hold Company, its Affiliated Companies, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Company Services, your breach of this Agreement, your violation of any rights of another or any Content that you post or otherwise submit on, through or in connection with the Company Services.
Company does not knowingly accept, via the Company Services or otherwise, unsolicited submissions including, without limitation, submissions of application, website or blog ideas, articles, scripts, story lines, characters, drawings, information, suggestions, proposals, ideas or concepts. Company’s policy is to simply delete any such submission without reading it or forwarding it to other Company staff or staff of its Affiliated Companies. Therefore, any similarity between an unsolicited submission and any elements in any of the Company Services or in any Company or Affiliated Company creative work including any application or website would be purely coincidental. If unsolicited submissions are sent to Company via the Company Services (including but not limited to any public forum), however, such submissions and copyright become the property of Company and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Company sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against Company or Affiliated Company relating to unsolicited submissions, including without limitation unfair competition, breach of implied contract or breach of confidentiality.
The failure of Company to exercise or enforce any right or provision of this Agreement will 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. 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: firstname.lastname@example.org with any questions regarding this Agreement.
BY CLICKING “I AGREE” OR OTHERWISE USING THE COMPANY SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.