Modified on 5.25.2020
You agree that by registering, accessing or using our Services (as defined below), you are entering a legally binding agreement with There is Hope for Tomorrow Corp. d/b/a Kindra In Christ™ (the "Company", "we", "us," or "our", including its subsidiaries). If you do not agree to the following terms, do not access or otherwise use any of our Services.
The Services means sites, products, or other offerings we provide, including but not limited to:
Company websites, pages, sites, accounts or channels accessible through any Internet or wireless enabled device (each, a "Website");
Ticketing and live event gatherings we host or sponsor;
Company online platforms and related offerings; and
Websites, pages or apps created or powered by the Company or any of Its Third-Party entities and subcontractors.
Registered and unregistered users are collectively referred to as "Users".
By using or accessing the Services in any manner, you or the entity you represent ("you," or "your") agree that you have read and agree to be bound by this Agreement to the exclusion of all other terms. If you do not agree to all the terms and conditions of this Agreement (and third-party terms, such as YouTube's Terms of Service, where applicable), you have no right to use and should not use the Services.
We may modify this Agreement from time to time. If we make material changes to it, we will provide you with the opportunity to review the changes before they become effective. If you object to any changes, you may close your account or discontinue use of the Services. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms.
2.1 Access to the Services
The Services are owned and operated by the Company. We may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content (as defined below). We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
2.2 Service Eligibility
You must be 18 or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 are not permitted to use the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 13. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Services. If you are under 13, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at: Legal@KindraInChrist.com.
2.3 Your Account
When you register and join an applicable Service offered by the Company, you become a Member. Members are account holders. You agree to: (i) try to choose a strong and secure password; (ii) keep your password secure and confidential; (iii) not transfer your account to any Third-Party or person; and (iv) follow the law and our list of Dos and Don'ts. You are responsible for anything that happens through your account unless you close it or report misuse.
2.4 Subscription Fees / Purchases
The Company may offer Services to be paid for on a recurring basis ("Subscription Services") or on an as-purchased basis ("Purchase" and, together with the Subscription Services, "Paid Services"). Subscription Services may subject you to automatically renewing terms. By signing up for a Subscription Service, including after any free trial period, you agree to pay us the subscription fee and any applicable taxes as set forth in your account settings or as otherwise agreed in writing ("Subscription Fee"). By making a Purchase, you agree to pay the fees and any taxes incurred at the time of purchase ("Purchase Fees" and, together with Subscription Fees, the "Paid Service Fees").
Paid Service Fees may be paid by debit card or credit card. You may only use credit or debit cards that belong to you or to people who expressly authorize you to use such payment methods. If you link a debit or credit card to your account, you authorize us to collect Paid Service Fees by debit from your linked debit card or charge to your linked credit card. You will pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred, including any applicable taxes. Minors may not make purchases unless they have appropriate permission and are under the direct supervision of their parent or legal guardian who owns the account. All financial/billing information on the account, such as a credit card, must be that of the parent or legal guardian responsible for the account.
Unless otherwise provided in a Subscription Service's terms, Subscription Fees will be charged on the 1st of every month until cancelled. You may cancel a Subscription Service at any time from your account settings. If you cancel a Subscription Service, you will continue to have access to that Subscription Service through the end of your then current billing period, but you will not be entitled to a refund or credit for any Subscription Fee already due or paid. We reserve the right to change our Subscription Fee upon thirty (30) days' advance notice. Your continued use of Subscription Services after notice of a change to our Subscription Fee will constitute your agreement to such changes. If the Company terminates your membership, you shall not be entitled to the refund of any unused portion of Subscription Fees.
You may not attempt to conceal your identity by using multiple Internet Protocol addresses or email addresses to conduct transactions on the Service. We are not liable if you do not comply with laws related to your transactions. We may provide law enforcement with information you provide to us related to your transactions to assist in any investigation. If we are unable to verify or authenticate any information you provide during any registration, ordering, purchase, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, your purchase may be cancelled, we may refuse to honor all pending and future purchases made with those credit card or bank accounts and/or via any online accounts associated with those credit card or bank accounts. We may also prohibit you from using the Services.
If you are eligible to participate through brand campaigns, namely those created or developed by the Company, you may receive compensation for videos, social posts, or other content (collectively called the “Content") that you create, post and/or upload in accordance with Company's normal policies regarding producer compensation and payment, and in accordance with any and all payment terms set forth on the Website or in an applicable campaign brief. Notwithstanding anything to the contrary herein or in any other agreement between you and Company, you will not be eligible to receive payment for any videos that you create or other services or content you provide as part of our Brand Campaigns if you have engaged in any act or omission that violates this Agreement or any other terms applicable to you in connection with the Services or any Company Brand Campaigns, or if you engage in any act or omission that negatively affects Company, the Services, or anyone advertising (or preparing to advertise) through the Services, and to the extent that such acts or omissions occur after you have been paid by the Company, Company reserves the right to claw back such paid amounts from you. Company reserves the right to remove Content you upload at any time in its sole discretion, and in such event, you will not be eligible for payment for such campaign(s). Payment for Company Brand Campaign campaigns will be made within sixty (60) days after the end of the month in which the campaign was completed or such other time frame as may be specified on the Website or in an applicable campaign brief. Company will make such payments through the payment method mutually agreed upon by the parties in writing, or such other payment method as Company may choose in its reasonable discretion.
2.5 Notices and Messages
You agree that we will provide notices and messages to you in the following ways: (1) within the applicable Service or Website, or (2) sent to the contact information you provided us (e.g. email, phone number, physical address). You agree to keep your contact information up to date.
Please review your applicable settings and/or email preferences to control and limit messages you receive from us.
3. WEBSITE, SERVICES AND CONTENT
The Website, the Services, and their Content (as defined below) are intended solely for use by Users of the Services and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Website or through the Services (including, but not limited to videos, text, graphics, articles, photographs, images, illustrations, and User Submissions (as defined below) (collectively, the "Content") are protected by copyright, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You shall abide by all copyright notices, trademark rules, information, and restrictions contained therein, and shall not use, copy, reproduce, link to, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit any of the foregoing for any purposes whatsoever: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any Third-Party right.
The Company reserves all of its intellectual property rights in the Website and Services. Using the Website and Services does not give you any ownership therein. Trademarks and logos used on and in connection with the Website and Services are the trademarks of their respective owners. Company trademarks, service marks, graphics, and logos used for our Website and Services are trademarks or registered trademarks of the Company.
3.1 Your Content
You understand that by posting information or content on the Website or otherwise providing content, materials or information to Company or in connection with the Services (collectively, "User Submissions"), you grant Company a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sub-licensed and transferable right to fully exploit, reformat, modify, create derivative works of, excerpt, or translate such User Submissions (including all related intellectual property and proprietary rights) in connection with the Services, the Website, and Company's (and its successors' and assigns') business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. For clarity, the foregoing license grant to Company does not affect your ownership of or right to grant additional licenses to the material in your User Submissions, unless otherwise agreed in writing.
You also grant each User of the Services, as well any applicable FDS Administrator (as defined below), a non-exclusive license to access your User Submissions through the Services, and to view, use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Services and under this Agreement.
You waive any and all rights of privacy, publicity, or any other similar rights of a similar nature in connection with your User Submissions, or any portion thereof, including, without limitation, your name, likeness, voice, image, and persona or any advertising or publicity relating thereto. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Submissions. You expressly release Company and all of Company's agents, partners, subsidiaries, affiliates, licensees, successors, and assigns from any and all claims, demands, liabilities, and causes of action, whether now known or unknown, for defamation, copyright infringement, violation of moral rights, and invasion of the rights to privacy, publicity, or personality or any similar matter, or based upon or relating to the use of your User Submissions. Notwithstanding the preceding sentences of this Section, you should let us know immediately if you object to any uses of your User Submissions on or through the Services or in the promotion of the Services.
The rights granted in this Section include, but are not limited to, the right to use your name, image, voice, likeness, and any photographs or artwork made available by or on your behalf through the Services in connection with advertising, marketing, or promoting you, your User Submissions, Company, or the Services. You waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Submissions.
If you are not the owner of, or are not fully authorized to grant all necessary rights in, all of the elements of the User Submissions you intend to upload or transmit to or through the Services, then you must not upload the User Submissions to or through the Services. Company reserves the right to demand confirmation from you in writing of all authorizations, licenses, permissions, and consents obtained by you (if any) with respect to any third-party materials embodied in User Submissions. If you fail to provide Company with such confirmation upon request, we reserve the right to remove or deny access to any or all of your User Submissions and to suspend or terminate your account with Company. We will have no liability to you for any actions taken by us pursuant to this Section.
You agree that you won't post User Submissions that violates, or otherwise use the Services in ways that violate, our Dos and Don'ts.
The rights granted in this Section also include, but are not limited to, the right to (i) reproduce audio-visual content and sound recordings, (ii) make mechanical reproductions of the musical works embodied in such sound recordings, and (iii) publicly perform sound recordings and videos (and the musical works embodied therein), and (iv) publicly display any written content uploaded by you to the Services, all on a royalty-free basis. This means that you are granting Company the right to use the User Submissions without the obligation to pay any royalties to any copyright owner (including, without limitation, a publisher, record label or studio), any performing rights, any sound recording, any unions or guilds (including, without limitation, the American Federation of Television and Radio Artists ("AFTRA"), the Screen Actors Guild ("SAG"), the American Federation of Musicians ("AFM"), or any other engineers, producers or other participants involved in the creation of User Submissions or any element thereof.
If you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not upload such sound recordings or videos embodying such sound recordings to or through the Services unless you obtain all necessary rights, authorizations, and permissions with respect to such embedded musical works that grant you sufficient rights to comply with this Agreement. For example, cover songs are not permitted on the Services unless the artist/band has cleared all rights to the song covered by the artist/band.
If you are a composer or author of a musical work and have affiliated with a PRO, then you must notify your PRO of the royalty-free licenses granted by you to Company and users of the Services in this Agreement. Each PRO has different rules with respect to providing notification for a direct license. You are solely responsible for ensuring your compliance with the relevant PRO's reporting obligations. If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty-free licenses set forth in this Agreement or have such music publisher enter into this Agreement with Company. Please keep in mind that authorship of a musical work (e.g., writing a song) does not mean that you have the rights necessary to grant Company and users of the Services the licenses set forth in this Agreement.
We may use any reports, comments, and suggestions in any form regarding the Services that you provide to use (collectively, the "Feedback"). You grant us a worldwide, non-exclusive, irrevocable, perpetual, royalty-free right and license to incorporate and use the Feedback in connection with any products and services.
3.2 Other Users' Content
You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the User from which such Content originated and that Company will not be liable for any errors or omissions in any Content. You understand that Company cannot guarantee the identity of any other Users with whom you may interact in the course of using the Services. Additionally, Company cannot guarantee the authenticity of any data which Users or merchants may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Under no circumstances will Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
3.3 Automated Processing
We will use the information and data that you provide and that we have about Users to make recommendations for content and features that may be useful to you. Keeping your account accurate and up-to-date helps us to make these recommendations more accurate and relevant.
3.4 Availability; Access
We may change, suspend or discontinue any of our Services. We don't promise to store or keep showing any information and Content that you've posted.
You agree that we have no obligation to store, maintain or provide you a copy of any Content or information that you or other Users provide, except to the extent required by applicable law.
The Company reserves the right to limit your use of the Services and to restrict, suspend, or terminate your account if the Company believes that you may be in breach of this Agreement or law or are misusing the Services (e.g., violating any of the Dos and Don'ts).
3.5 Third-Party Services
The Website or Services may link to, allow access to or otherwise incorporate websites, products or services offered by third parties not owned or controlled by Company or User Sites, as applicable ("Third-Party Services"). When you access Third-Party Services, you do so at your own risk and should make whatever investigation you feel necessary or appropriate before using such Third-Party Service or conducting any transactions thereon. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any Third-Party Services relating to your use of the Services ("Third-Party Policies") and that you will act in accordance with those policies, in addition to your obligations under this Agreement. To the extent there is a conflict between any term in the Third-Party Policies and this Agreement, the term in the Third-Party Policies shall take precedence. Company has no control over, and assumes no responsibility for, the content, services, accuracy, privacy policies, or practices of, or opinions expressed in, any Third-Party Services. In addition, Company will not and cannot monitor, verify, censor or edit the content of any Third-Party Services. Company may modify or discontinue your use of, or access to, the Third-Party Services, or any content or services available thereunder, at any time in its sole absolute discretion with or without notice to you. By using the Services, you expressly relieve and hold harmless Company from any and all liability arising from your use of any Third-Party Services, including without limitation any damages or losses incurred as a result of any transactions thereon.
Notwithstanding the foregoing, Company may, solely on behalf of certain Third-Party Services, process and facilitate payment to you of any amounts owed to you by such Third-Party Services ("Third-Party Services Payments"). By entering into this Agreement, you authorize Company to process and facilitate the Third-Party Services to you. Such payments shall be made within sixty (60) days after Company receives such Third-Party Payments from the respective Third-Party Services. Company will make such payments through the payment method mutually agreed upon by the parties in writing, or such other payment method as Company may choose in its reasonable discretion. You acknowledge and agree that Company shall have no responsibility or liability for failure to facilitate the Third-Party Services Payments to you if such failure is due to the respective Third-Party Services' failure to properly remit the Third-Party Payments to Company. In the event your use of, or access to, the Services is terminated (whether initiated by you or Company), your use of, or access to, the Third-Party Services shall also cease, and Company shall have no responsibility or liability related to pending Third-Party Payments owed to you from the respective Third-Party Services. In the event of such termination, you shall be solely responsible for contacting the respective Third-Party Services to provide updated contact and payment information such that you would receive such pending Third-Party Payments directly from the respective Third-Party Services.
You warrant, represent and agree that you will not contribute any Content or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any Third-Party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) involves commercial activities and/or sales without Company's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including without limitation any employee or representative of Company; or (vi) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. Company reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not Company, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to Company and to grant Company the rights to use such information in connection with the Services and as otherwise provided herein.
You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or "spam" on the Services, or any processes that run or are activated while you are not logged on to the Website, or that otherwise interfere with the proper working of or place an unreasonable load on the Services' infrastructure. Further, the use of manual or automated software, devices, or other processes to "crawl," "scrape," or "spider" any page of the Website is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.
5. WARRANTY DISCLAIMER
Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any content contained in or accessed through the Services, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Company makes no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. THE SERVICES, CONTENT, WEBSITE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
7. ACCOUNT REGISTRATION AND SECURITY
As a condition to using certain Services, you will be required to register with the applicable Service and select a password and user name ("User ID"). You shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a User ID a name of another person with the intent to impersonate that person; or (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization. Company reserves the right to refuse registration of or cancel a User ID in its discretion.
You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are solely responsible for any and all activities that occur under your account. You agree to immediately notify Company of any unauthorized use of your account or any other breach of security. Company will not be liable for any loss that you may incur as a result of someone else using your account or password, either with or without your knowledge. However, you may be held liable for losses incurred by Company or a Third-Party due to someone else using your account or password. You may not use any account that is registered to another person at any time without the permission of the account holder and Company.
You will indemnify and hold Company, its parents, subsidiaries, affiliates, officers, suppliers, licensors, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys' fees) from any claim or demand made by any Third-Party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any Third-Party using your account of any intellectual property or other right of any person or entity.
9. LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU THEREFOR DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND COMPANY'S REASONABLE CONTROL.
10. DISPUTES BETWEEN USERS
If you have a dispute with one or more Users of the Services or any Third-Party Services, you agree that the Company is under no obligation to become involved and you hereby release the Company, its officers, employees, agents, affiliates, representatives and successors from claims, demands and damages (actual, direct and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, foreseeable or unforeseeable, arising out of or in any way related to such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time. Company may terminate or suspend your access to the Services or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Company may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, those relating to payment obligations, ownership provisions, warranty disclaimers, and limitations of liability.
The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Company's prior written consent. Company may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement (provided that if a separate written agreement with respect to Company products or services exists between you and Company, the terms and conditions of that written agreement shall take precedence over this Agreement in the event of any conflict), and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Company in any respect whatsoever. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.
13. ARBITRATION; GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas and without regard to the conflict of laws and provisions thereof.
14. DOs AND DON'Ts
The following list of "Dos and Don'ts" is intended to provide a set of rules governing your use of, and participation in, the Services. All Users must adhere to these Dos and Don'ts and failure to do so may result in the suspension of termination of your account.
You agree that you will:
a. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
b. Provide accurate information to us and keep it updated;
c. Use your real name on your profile; and
d. Use the Services in a professional manner.
You agree that you will not:
a. Create a false identity, misrepresent your identity, create a Member account for anyone other than yourself (a real person), or use or attempt to use another's account;
b. Post or distribute content that is intentionally false or intended to mislead or deceive others as to the source of the content;
c. Use the Service to promote, incite or engage in the harassment or bullying of others, in self-harm or other illegal activities. Making threats (direct or indirect) of violence, including threatening or promoting terrorism, is also prohibited. Users who harass, bully or threaten other users will have their content removed and accounts terminated, and also may be subject to serious criminal legal consequences in certain jurisdictions;
d. Post content or use the Service to promote hatred or violence towards, or directly attack or threaten any others, based on race, ethnicity, nationality, religion, gender, gender identity, sexual orientation, age, disability, marital status, or veteran status;
e. Post or distribute content that contains nudity, sexual acts, or sexually explicit materials. Do not post links to pornographic sites or sites that contain pornography;
f. Promote or endorse regulated goods and services such as alcohol, gambling, tobacco, firearms/weapons, pharmaceuticals, or other goods and services regulated in the United States and other countries in which the Service is available;
g. Use the Service to distribute or promote any advertisement, solicitations or other commercial content, including non-Company products, services or any sweepstakes or contests;
h. Post, link to, or distribute content on or through the Service that is intended to damage or disrupt the Service, or another user's device or computer, or that is intended to compromise the privacy or account security of another user;
i. Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;
j. Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views);
k. Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of the Company;
l. Disclose information that you do not have the consent to disclose (such as confidential information of others);
m. Violate or infringe the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary, publicity or privacy rights;
n. Violate the intellectual property or other rights of the Company, including, without limitation, (i) copying or distributing our content or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using our business name or logos except as provided in the Trademark Content & Display Policy;
o. Post anything that contains software viruses, worms, or any other harmful code;
p. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
q. Imply or state that you are affiliated with or endorsed by the Company without our express consent;
r. Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without the Company's consent;
s. Use bots or other automated methods to access the Services, add or download information, send or redirect messages;
t. Monitor the Services' availability, performance or functionality for any competitive purpose;
u. Engage in "framing," "mirroring," or otherwise simulating the appearance or function of the Services;
v. Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);
w. Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms);
x. Use the Service to spam others. Spamming activities may include but are not limited to, sending or posting mass messages or content, posting duplicate content, political campaigning, chain letters, posting promotional or commercial content, and posting false or misleading content. You also may not engage in username squatting; accounts that are inactive for more than six months may be removed without further notice; and/or
y. Violate these Dos and Don'ts or any additional terms concerning a specific Service that are provided when you sign up for or start using such Service.
If you see something on the Service that you believe violates these Dos and Don'ts, please report it to us by using the email: Legal@KindraInChrist.com. We may, in our sole discretion, remove content that we believe violates these Dos and Don'ts or is otherwise objectionable even without receiving a complaint of a potential violation.
Our community is diverse and reaches beyond geographical borders, so please keep in mind that something that you may find objectionable may not violate our Dos and Don'ts.
15. COPYRIGHT DISPUTE POLICY
Company has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at https://www.copyright.gov/legislation/pl105-304.pdf). It is Company's policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
Procedure for Reporting Copyright Infringements:
If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the email Legal@KindraInChrist.com or the physical address listed below:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; 2. Identification of works or materials being infringed; 3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence; 4. Contact information about the notifier including address, telephone number and, if available, email address; 5. A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and 6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
It is Company's policy:
1. To remove or disable access to the infringing material; 2. To notify the content provider, member or user that it has removed or disabled access to the material; and 3. That repeat offenders will have the infringing material removed from the system and that Company will terminate such content or user's access to the Services.
Procedure to Supply a Counter-Notice to the Designated Agent:
If the content provider, member or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or, pursuant to the law, the content provider, member, or user, must send a counter-notice containing the following information to the email: Legal@KindraInChrist.com or the physical address listed below:
1. A physical or electronic signature of the content provider, member or user; 2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled; 3. A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and 4. Member's or user's name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the member's or user's address is located, or, if the member's or user's address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Company, Company may send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company's discretion.
Please contact the Company to Receive Notification of Claimed Infringement at the following address: There is Hope for Tomorrow Corp d/b/a Kindra In Christ™, 512 Peach Creek Crescent, Nashville, Tennessee 37214.
If you have any questions, complaints, or claims with respect to the Services, you may contact us at:
512 Peach Creek Crescent
Nashville, Tennessee 37214
Attn: Privacy / Legal Department
Last Modified: 10.01.18
We collect personal information you choose to share with us and our partners so we can provide you with a more customized experience. Your information is kept secure through industry norms, but security can be breached, especially if you are not careful with protecting your username and password. You can modify your information through your account settings, but we may retain your information on an aggregate basis for bona fide business purposes even if you are no longer a registered user or customer.
Company websites, pages, sites, accounts or channels accessible through any Internet or wireless enabled device (each, a "Website");
Ticketing and live event gatherings we host or sponsor;
Company online platforms and related offerings; and
Websites, pages or apps created or powered by There is Hope for Tomorrow Corp d/b/a Kindra In Christ™
By visiting or using the Services in any manner, you acknowledge that you accept the practices and policies outlined in this Agreement.
You must be 18 or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. We do not knowingly collect or solicit Information from anyone under the age of 13 or knowingly allow such persons to register for the Service.
2. WHAT INFORMATION WE COLLECT
Information You Provide to Us:
You don't have to create an account to use some of our Services. However, if you do choose to create an account and sign up for a Service, we may collect a variety of information from you for that Service based on what you provide to us, such as: name, birth date or age range, gender, and email or physical address. If you are paying for the Service, standard payment and billing information is required. We do not require users to provide their race, ethnicity, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health, sexual orientation or criminal record in their account. Please do not post or add personal data to your account that you would not want to be publicly available.
Depending on which Services you choose to use, additional information may be collected and stored, if necessary in order for us to provide a particular Service. Such information includes:
(i) biographical and professional information, association affiliation, demographic data, and financial information;
(ii) information responsive to polls or surveys, disclosed in applications for employment, or requested in order to provide information about our business, employment, products or services;
(iii) transactional information based on your activities on the Website;
(iv) shipping, ordering, billing and other similar information you provide to purchase or ship an item or service;
(v) community discussions, chats, dispute resolution, correspondence through the Website, and correspondence sent to us;
(vi) computer sign-on data, time and date data, statistics on page views, your IP address, your GPS location, the type of computing environment you use, and traffic to and from the Website (including data about you whenever you interact with the Website, such as when you search, click on links, send messages, make comments, replies or queries, and select best replies);
(vii) other technical information or data collected from Website traffic, including IP address and standard web log information and information gathered from cookies, beacons and other mechanisms;
(viii) supplemental or additional information we may request from you in the event previous information you've provided cannot be verified;
(ix) your content and any other information that you choose to make available via the Website or that other users of the Website share about you; and
(x) other information that you voluntarily provide to us.
Information Collected Automatically By There is Hope for Tomorrow Corp d/b/a Kindra In Christ™:
Whenever you interact with our Service, we automatically receive and record technical information such as your device, IP address, the version of your operating system ("OS"), and the page you requested. When you use the Service on a mobile platform, we may also collect and record your unique device ID (persistent / non-persistent), hardware type, media access control ("MAC") address, international mobile equipment identity ("IMEI"), your device name, and your location (based on your IP address). We may also collect information regarding your activity on the Service (both individually and on an aggregate basis) and your interactions with other users of the Service.
Information from Third Parties and Advertisers:
We work with third party advertisers, networks, and service providers who assist us in managing or providing the Service (e.g., payment processors) and who collect some of the information described above. These third parties also help us understand how users interact with our content or offerings. We may also collect contextual or demographic data about our users from third parties, in order to more effectively deliver the Service or content in which we think you would be interested. Unless you have been notified otherwise, all information collected through our authorized third-party service providers remains governed by security and confidentiality obligations consistent with this Policy and applicable law.
Using Other Sites to Login to our Websites or Services:
Some users may choose to connect to our Websites or Services using third-party account credentials (for example, your Facebook login or YouTube account). If you choose to connect your account using a third-party account, you understand some of your Information may be shared with us or the respective third-party platform. Your information may also be subject to separate policies of such third-party platform. You should review those policies before providing consent. Connecting your account to third-party applications or services is optional. You can revoke this permission anytime in your account settings.
Some of our Services allow advertisers and their networks to collect and use certain anonymous Information about you (e.g. click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) in order to provide advertisements of interest to you. These companies typically use a cookie or third-party web beacon to collect this information.
Cookies and Similar Technologies:
3. WHY WE COLLECT AND HOW WE USE YOUR INFORMATION
How we use your Information will depend on which Services you use, how you use those Services and the choices you make in your settings. The primary reason we collect Information is to provide and improve our Services, manage your account and subscription to our Service, and to provide you with a more customized experience on our Services.
The following is a summary of more specific ways we may use your personal information:
- To provide payment processing and account management, operate, measure and improve our Services, keep our Services safe, secure and operational, and customize Website content
- To contact you regarding your account, to respond to your requests or questions, to troubleshoot problems with your account, to resolve a dispute, to collect fees or monies owed or as otherwise necessary to provide you customer service
- To send you transactional communications. For example, we might send you emails about your purchase or to confirm your registration for an event. We might also contact you about this policy or our website terms
- To provide other services requested by you as described when we collect the Information
- For marketing purposes. For example, we might send you information about events or special promotions. We might also tell you about new features or products. To learn about your choices for these communications, read Section 8.2 below
- We may also use push notifications on our mobile apps to send you various alerts and updates
- To improve our Services, for example by reviewing information associated with stalled or crashed pages experienced by users allowing us to identify and fix problems and give you a better experience
- For security purposes. To prevent, detect, mitigate, and investigate fraud, security breaches or other potentially prohibited or illegal activities and/or attempts to harm our users
- To monitor and improve the information security of our Websites and mobile applications
- We also use Information as otherwise described in this Policy, permitted by law, or as we may notify you.
4. HOW YOUR INFORMATION IS SHARED
Sharing by you:
Certain Services offered are social by their very nature, so your participation in such a Service will allow others to see your name and/or username, profile picture, social profile, and any other content you upload or disclose through that profile.
Sharing by us:
We share your Information with third parties as listed below and as otherwise described elsewhere in this Policy:
We employ and allow third parties to perform tasks on our behalf, such as payment processing, data management and analytics, marketing, advertising, communication and IT services, and we need to share your Information with them in order for them to provide such products and services. Unless we tell you differently or you consent otherwise, these third parties do not have any right to use your Information beyond what is necessary to assist us in providing such products and services. Any uses of your Information by these third parties will remain governed by security and confidentiality obligations consistent with this Policy and applicable law.
Subject to applicable laws, we may share your Information with companies with whom the Company is affiliated or related to (e.g., parent company or subsidiaries), and will require such affiliated or related companies to use the Information solely in accordance with this Policy.
We may choose to buy or sell assets. In these types of transactions, customer Information is typically one of the business assets that would be transferred. Also, if we (or our assets) are acquired or merged, or if we go out of business, enter bankruptcy, or go through some other change of control, Information would be one of the assets transferred to or acquired by a third party.
Protection of Company and Others
We reserve the right to access, read, preserve, and disclose any Information that we reasonably believe is necessary to comply with law or court order; enforce or apply our conditions of use and other agreements; or protect the rights, property, interests, or safety of our Company, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
There is Hope for Tomorrow Corp d/b/a Kindra In Christ™ Direct Sites
Aggregated and Anonymized Information
We also may share (within our affiliated entities or with third parties) aggregated or anonymized information that does not explicitly identify you or any individual user of our Services. From time to time, the Company may provide demographic and statistical information to prospective partners for the purposes of securing advertising and/or for general promotion of the Service. This disclosure will not share any personal information of individual users but is intended to give a broad overview of the Service's membership.
5. THE SECURITY OF YOUR INFORMATION
The security of your Information is important to us. We take commercially reasonable security measures, including administrative, technical, and physical safeguards, to protect your Information from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction.
Your account is protected by a password for your privacy and security. You must prevent unauthorized access to your account and Information by selecting and protecting your password and/or other sign-on mechanism appropriately. To help protect your Information, you should not share your account information or password, reuse your password on other sites, or use a password you have used on other sites.
We endeavor to protect the privacy of your account and other Information we hold in our records, but we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
6. WHERE YOUR INFORMATION WILL BE HELD
In order to provide the Service, the Information that we collect from you may be transferred to and stored at a destination outside of your country. By submitting your data, you agree to this transfer, storing or processing outside of the country and acknowledge that not all countries guarantee the same level of protection for your Information as the one in which you reside.
7. LAWFUL BASES FOR PROCESSING
We will only collect and process Information about you where we have lawful bases. Lawful bases include consent (where you have given consent), contract (where processing is necessary for the performance of a contract with you (e.g. to deliver the Services you have requested)) and "legitimate interests".
Where we process Information based on consent, we will ask for your explicit consent. You may withdraw your consent at any time, but that will not affect the lawfulness of the processing of your personal data prior to such withdrawal.
Where we rely on legitimate interests as a basis for Information processing, you have the right to object. We may process your personal data for the purposes of our legitimate interests or for the legitimate interests of third parties, provided that such processing shall not outweigh your rights and freedoms. For example, we may process your personal Information to:
- Protect you, us, or others from threats (such as security threats or fraud)
- Comply with laws that apply to us
- Enable or administer our business, such as for quality control, consolidated reporting, and customer service
- Manage corporate transactions, such as mergers or acquisitions
- Understand and improve our business or customer relationships generally
- Enable us and our users to connect with each other, view content, express opinions, exchange information, and conduct business
If you have any questions about the lawful bases upon which we collect and use your Information, please contact our legal department at Legal@KindraInChrist.com.
8. WHAT INFORMATION YOU CAN ACCESS
Through your account settings for the Service, you may access, edit, or delete Information you've provided and your record of interactions with the Service. Such Information and interactions, and your ability to update them, will vary based on the Service.
8.1 Right to Access and Control Your Information
We provide many choices about the collection, use and sharing of your Information.
Individuals located in certain countries have certain rights related to their personal Information. Subject to any exemptions provided by law, you may have the right to request the following for personal data that we have about you:
Delete Information: You can ask us to erase or delete all or some of your personal data (e.g., if it is no longer necessary to provide Services to you).
Change or Correct Information: You can edit some of your Information through your account. You can also ask us to change, update or fix you Information in certain cases, particularly if it's inaccurate.
Object to, or Limit or Restrict, Use of Information: You can ask us to stop using all or some of your Information (e.g., if we have no legal right to keep using it) or to limit our use of it (e.g., if your Information is inaccurate or unlawfully held).
Right to Access and/or Take Your Information: You can ask us for a copy of your Information and can ask for a copy of Information you provided in machine-readable form.
You may contact us using the contact information and we will consider your request in accordance with applicable laws.
8.2 What Choices You Have
You can always opt not to disclose Information or to disable certain tools on your browser or device. However, this may limit your ability to fully utilize the Service.
You may be able to add, update, or delete Information as explained above. When you update Information, however, we may maintain a copy of the unrevised Information in our records. Please note that some Information may remain in our records for legitimate business reasons even after your deletion of such Information, such as our analyzing aggregated data regarding past usage of the Service (but not in a manner that would identify you personally). Additionally, through Google's security settings page, you may revoke consent to the use of API Data related to you that was accessed or stored by the Service pursuant to such consent. Company shall delete all such API Data no later than thirty (30) calendar days following such revocation.
You can opt in to receive mobile push notifications from the Company. If you change your mind later and no longer want to receive these notifications, you can use your device's settings functionality to turn them off.
If you don't want to receive e-mail or other communications from us, you can adjust your email preferences from your account, or opt-out by clicking on the link provided in the emails.
8.3 Account Closure
If you wish to delete your account, you can do so by logging into your account or by emailing us using the contact details provided. After it is no longer necessary for us to retain your Information, we will dispose of it in a secure manner according to our data retention and deletion policies, except as noted.
9. HOW LONG WE RETAIN YOUR INFORMATION
Information you have shared with others (e.g. through comments or other posts) will remain visible after you close your account or delete the information from your own account, and we do not control data that other users copied out of our Services.
11. QUESTIONS OR CONCERNS
If you have any questions or concerns regarding our Policy, please send us a detailed message at the address below, and we will try to resolve your concerns.
There is Hope for Tomorrow Corp d/b/a Kindra In Christ™
512 Peach Creek Crescent
Nashville, Tennessee 37214
Attn: Legal Department
12. YOUR CALIFORNIA PRIVACY RIGHTS
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal Information that we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: There is Hope for Tomorrow Corp d/b/a Kindra In Christ™, 512 Peach Creek Crescent, Nashville, Tennessee 37214, Attn: Legal Department, Email: Legal@KindraInChrist.com. We will respond to one request per California customer each year, and we do not respond to requests made by means other than as set forth above.
California Do Not Track Disclosure: Do Not Track is a privacy preference that users can set in their web browsers. When a user turns on the Do Not Track signal, the browser sends a message to websites requesting them not to track the user. At this time, we do not respond to Web browser "do not track" settings or signals.
13. LEGAL DISCLOSURES
It is possible that we will need to disclose information about you when required by law, subpoena, or other legal process or if we have a good faith belief that disclosure is reasonably necessary to (1) investigate, prevent, or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (2) enforce our agreements with you, (3) investigate and defend ourselves against any third-party claims or allegations, (4) protect the security or integrity of our Service (such as by sharing with companies facing similar threats); or (5) exercise or protect the rights and safety of the Company, our users, personnel, or others. We attempt to notify users about legal demands for their personal data when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but we do not promise to challenge every demand.