This Terms of Use Agreement (the "Agreement") is an agreement between you (the "User") and Radiate Ministry ("Radiate Ministry", "we", or "us"). We want to keep this agreement as simple and readable as possible, so you never feel mislead or tricked into signing something. If you have suggestions that can help us improve it or any questions about this Agreement, please email us and let us know. This Agreement explains our obligations to you, and your obligations to us. This Agreement is the entire Agreement between us. By using the Site in any way you are agreeing to comply with these terms, our Privacy Policy and any other legal notices or conditions or guidelines posted on the Site, here or elsewhere.
1. What We Own
Any and all services or materials made available on the Site, and all services or materials provided by or through Radiate Ministry, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, user interface, design of and "look and feel," layout, images, graphics, audio, video, messages, interactive and instant messaging, design and functionality, files, documents, photographs, or other media materials, whether publicly available or privately transmitted as well as all derivative works thereof (collectively, the "Materials"), are owned by us or other parties that have licensed their material or provided services to us, and are protected by copyright, trademark, trade secret and other intellectual property laws. All Radiate Ministry logos and service marks, slogans and taglines are the property of Radiate Ministry. All other trademarks, service marks, logos, slogans and taglines are the property of their respective owners. Unless otherwise stated specifically, nothing should be assumed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on the Site without obtaining our express written permission, or the express written permission of such third-party that owns the trademark, service mark, logo, slogan or tagline.
2 - Privacy
Any and all Content that you or other users submit to us is subject to the terms of our Privacy Policy, which governs our use, collection, and display of your information. You understand that your use of the Site constitutes your consent that we may collect and use (as outlined in the Privacy Policy) this information, including the transfer of this Content to the United States and/or other countries for storage, processing, and use by Radiate Ministry and SparkFellowship.
3 - Commerce Terms
Radiate Ministry uses the Services of SparkFellowship and RadiateMinistry to collect and receive online donations as well as payments for goods and services, such as event registrations (collectively the "Transactions"). Your online giving and payments through SparkFellowship to Radiate Ministry are subject to this section.
A. You agree to pay the full amount designated when making each online donation or payment. After submitting the payment information to SparkFellowship you waive the right to dispute the amount, charges, or payment method submitted by you. B. If you create a recurring gift or select to Store Your Card For Later, you agree to Radiate Ministry, SparkFellowship, or our third party service providers, storing your payment card information. You expressly agree that we are authorized to charge you (i) a monthly transaction for any applicable recurring gifts created by you, billed on a monthly basis, (ii) any gifts you create or other Fees for Services you may purchase, and (iii) any applicable taxes in connection with your use of the Services to the payment card you provide and to reimburse us for all collection costs and interest for any overdue amounts. If the payment card you provide expires and you do not provide new payment card information or cancel your account, you authorize us to continue billing you and you agree to remain responsible for any uncollected Fees.
C. No refund, partial or whole, will be made once a Transaction has been made and/or processed. Once a Transaction is made, it is non-refundable and non-transferable. No refund will be made once a Transaction is made. It is up the user initiating the Transaction(s) to evaluate a fit of the Transaction. Once Transaction is made, including individual transactions from a recurring monthly gift, its non-refundable and non-transferable.
4 - Radiate Ministry Rights
All right, title, and interest in and to the Site (excluding services provided Radiate Ministry and SparkFellowship) are and will remain the exclusive property of Radiate Ministry and its licensors. The Site is protected by copyright, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Radiate Ministry name or any of the Radiate Ministry logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Radiate Ministry, or the Site is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
5 - Disclaimers and Limitations of Liability
This section limits the liability of Radiate Ministry and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the "Radiate Ministry Entities"). The following subsections applies only up to the maximum extent permitted under applicable law. This section may not apply to you as some jurisdictions do not allow the disclaimer or implied warranties or the limitation of liability in contracts. This section is not intended to limit any rights you may have which may not be limited legally.
A. The Services are provided "AS-IS"
You agree to access and use the Services at your own risk. You understand and agree that the Site is provided to you and others on an "AS-IS" and "AS-AVAILABLE" basis. Without limiting the foregoing, and to the maximum extent of applicable law, THE Radiate Ministry ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Radiate Ministry Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Site or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Site or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Site; and (iv) whether the Site will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Radiate Ministry Entities or through the Site, will create any warranty or representation not expressly made herein.
B. Hyperlinks
The Site may contain hyperlinks to third-party resources and websites. You agree that the Radiate Ministry Entities cannot and will not be held responsible for: (i) the availability of such websites, documents, or resources; (ii) the accuracy or validity of such websites, documents, or resources; or (iii) the content, services, or products listed on or made available by such websites, documents, or resources. Links to such websites, documents, or resources do not imply the endorsement in any degree by the Radiate Ministry Entities of such websites, documents, or resources or the content, services, or products listed on or made available from such a website, document, or resource. You agree and acknowledge sole responsibility for and assume all the risk that comes from your use of any such website, document, or resource.
C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Radiate Ministry ENTITIES SHALL NOT BE LIABLE FOR ANY DAMAGES, WHETHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR INABILITY TO, ACCESS TO, OR USE OF THE SITE; (ii) ANY THIRD-PARTY CONDUCT OR CONTENT ON THE SITE, INCLUDING ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY AND ALL CONTENT OBTAINED BY OR THROUGH THE SITE; OR (iv) THE UNAUTHORIZED ALTERATION, ACCESS, USE, OR FALSIFICATION OF YOUR TRANSMISSIONS OR CONTENT. UNDER NO CIRCUMSTANCE OR EVENT SHALL THE TOTAL LIABILITY OF THE Radiate Ministry ENTITIES EXCEED THE GREATER OF THE AMOUNT YOU PAID Radiate Ministry, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES THAT HAVE GIVEN RISE TO THE CLAIM OR ONE HUNDRED U.S. DOLLARS (U.S. $100.00). THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE Radiate Ministry ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
6 - General Terms
A. Waiver and Severability
The failure to enforce and right, provision, or restriction of these Terms by Radiate Ministry will not be deemed a waiver of such a right, provision, or restriction. If any provision of these Terms is determined invalid or unenforceable then that provision will be limited or eliminated to the minimum extent necessary while the remaining provisions of the Terms will remain in full effect.
B. Controlling Law and Jurisdiction
These Terms and related actions will be governed by the laws of the State of Georgia without regard to or application of the laws of your state or country of residence. All claims, legal proceedings or litigation connected with use of the Site will be solely brought in the Federal or State courts of Atlanta, Georgia, United States, and you consent to the jurisdiction of and venue in such courts, and agree to waive any and all objections regarding inconvenient forum. If you are a local, state, or federal government entity in the United States using the services on the official behalf of such an entity and are legally unable to accept the controlling law, jurisdiction, or venue clauses provided above, then those provisions shall not apply to you. For such United States federal entities, these Terms and related actions will be governed by the laws of the United States of America (without reference to conflict of laws) and, where federal law is absent and to the fullest extent permissible under federal law, by the laws of the State of Georgia (excluding choice of law).
C. Entire Agreement
These Terms, which include the Radiate Ministry Privacy Policy and Commerce Terms and the entire and exclusive agreement between you and Radiate Ministry regarding the Site (excluding any additional services that introduce a separate agreement between you and Radiate Ministry that is explicitly in addition or in place of these Terms), and these Terms replace and supersede any and all prior agreements between you and Radiate Ministry regarding the Site. Other than Radiate Ministry Entities, no other company or person will be a third party beneficiary of these Terms. We reserve the right to revise the Terms occasionally, and the most current and active version will be listed at radiate.us/terms. By continuing to use or access the Site after those revisions become effective, you agree to to be bound by the new Terms. If you live in the United States, these Terms are an agreement between you and Radiate Ministry. If you live outside the United States, your agreement is with Radiate Ministry International. If you have any questions about these Terms, please contact us.