TERMS AND CONDITIONS
Effective Date: May 6, 2024Welcome to Our Father, a social media app that allows you to create, request, and answer prayers for yourself and others around the world (“App”).
Jon Lucas (“we,” “us,” or “our”) owns and operates the App. The Terms and Conditions (“Terms”) is a binding contract that all visitors and users (“you” or “your”) must comply with when using the App for any reason. By using the App, you agree to abide by these Terms. These Terms incorporate our Privacy Policy.
PLEASE READ THE TERMS AND CONDITIONS CAREFULLY because they affect your rights and obligations under the law. By using the App, you confirm that you have read and agreed to be bound by these Terms. If you do not agree with the Terms, you may not use the App.
- THE APP.
- To use the App, you need to choose a display name.
- You may use the App individually by sending prayers. You may also use the App with the other members by praying for others, requesting for prayers, creating and joining prayer groups, and making anonymous confessions.
- You agree to use the App solely for your own personal use. You are entirely responsible for the security and confidentiality of your use of the App. You are entirely responsible for any and all activities that occur under your name, whether or not you allow it. You will not transfer your use of the App to any person. You agree to immediately notify us of any unauthorized use of your name or any other breach of security of which you become aware.
- ACCEPTABLE USE.
- Subject to your strict compliance with the Terms, we grant you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to use the App.
- You agree to use the App for lawful purposes only. You agree that you will not violate any laws when using the App. This includes any and all local, provincial, state, federal, national, and international laws.
- We encourage free and open conversations in a climate of mutual respect. We reserve the right but do not assume any obligation, to monitor your conduct in the App to enforce the Terms. Any action by a user that infringes on another user's right to use and enjoy the App is prohibited.
- PROHIBITED USE.
- You agree not to use the App to do or share anything:
- That violates these Terms and our Privacy Policy;
- That is unlawful, misleading, discriminatory or fraudulent (or assists someone else in using the App in such a way);
- That you do not own or have the necessary rights to share;
- That infringes or violates someone else's rights, including their intellectual property rights (such as by infringing another's copyright or trademark, or distributing or selling counterfeit or pirated goods), unless an exception or limitation applies under applicable law.
- You agree not to upload viruses or malicious code, use the services to send spam or do anything else that could disable, overburden, interfere with or impair the proper working, integrity, operation or appearance of our services, systems or App.
- You agree not to access or collect data from the App using automated means or attempt to access data that you do not have permission to access.
- You agree not to sell, license or purchase any data obtained from us or the App.
- You agree not to misuse any reporting, flagging, dispute or appeals channel, such as by making fraudulent, duplicative or groundless reports or appeals.
- You agree not to: republish any material from the App; sell, rent, or sub-license any material from the App; reproduce, duplicate, or copy any material from the App; or redistribute content from the App.
- You agree not to “crawl,” “scrape,” or “spider” the App or to reverse engineer or attempt to obtain our source code or data.
- We can remove or restrict access to content that is in violation of these Terms. We may take appropriate action based on our assessment that may include notifying you, offering help, removing content, removing or restricting access to certain features, disabling membership, or contacting law enforcement.
- To help support our community, we encourage you to report content or conduct that you believe violates your rights or our Terms and Privacy Policy. We will remove or restrict access to the content if we determine that doing so will be reasonably necessary.
- You agree not to use the App to do or share anything:
- YOUR CONTENT.
- “Your Content” means any and all content, including prayers, confessions, praises, and chats that any user or member submits to the App. You shall be solely responsible for Your Content and the consequences of submitting them. The App merely acts as a passive conduit for your online sharing of Your Content.
- Without limiting any of our rights in law and equity, we reserve the right to remove any of Your Content for any reason in our sole discretion, including any of Your Content that we believe may violate the Terms and Conditions, or any copyright or third-party rights.
- By submitting Your Content, you automatically warrant and represent that Your Content infringes no third-party right of privacy, right of publicity, or any other third-party right or proprietary interest. You further warrant and represent that you are the owner of all intellectual property rights or that you otherwise have all sufficient rights to grant the license to Your Content.
- You retain any intellectual property rights that you hold in Your Content. We do not take or claim any ownership (copyright, trademark, or otherwise) over Your Content.
- Your Content does not represent our views, or any individual associated with us. We do not control Your Content. In no event shall you represent or suggest, directly or indirectly, our endorsement of Your Content. We do not vouch for the accuracy or credibility of any of Your Content and do not take any responsibility or assume any liability for any actions you may take as a result of reading Your Content.
- OUR CONTENT.
- Except for Your Content, we and/or our licensors own all of the content featured or displayed on the App, including, without limitation, texts, graphics, backgrounds, images, moving images, sound, and designs (“Our Content”).
- The intellectual property and all related rights on Our Content will remain the exclusive property of us or our licensors.
- You are authorized to view, play, print and download Our Content for personal, informational, and non-commercial purposes only. You will not remove any copyright, trademark, or other proprietary notices from Our Content.
- Except as permitted by copyright law, you may not modify any of Our Content. You may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell Our Content.
- INTELLECTUAL PROPERTY RIGHTS. The App contains copyrighted material, trademarks, including the “OUR FATHER” logo and other similar intellectual properties provided by or through us, our employees, agents, licensors, or other parties (collectively, “Intellectual Property”). Our Intellectual Property is protected by copyright law that protects trademarks, registered and/or unregistered, database rights, and other intellectual property rights. Unless otherwise provided, we exclusively own all Intellectual Property, and your use of the App does not grant you any right, title, or interest in our Intellectual Property. You agree to not reproduce, distribute, sell, publish, or broadcast any of the material found on the App without our prior written consent.
- COMMUNICATIONS.
- By registering on the App, you automatically opt-in to receive notifications regarding the App. You can opt-out of receiving promotional notifications. However, you cannot opt-out of transactional notifications such as notification for the purpose of informing you of changes or additions to the App or these Terms.
- You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. You agree to monitor your notifications to ensure that you receive emails from us at your discretion and as necessary.
- Except as disclosed in our Privacy Policy, we will not monitor, edit, or disclose the contents of your communications with us, unless required in the course of normal maintenance of the App, or unless required to do so by law or in the good-faith belief that such action is necessary to: (a) comply with the law or comply with legal process served on us; (b) protect and defend our rights or property or of the users of the App; or (c) act in an emergency to protect the personal safety of our guests, ours, or the public.
- HYPERLINKING TO THE APP.
- You may display a link from your site or platform to the App with our prior written approval. You may send us a request to [email protected]. Please include your name, your organization name, contact information, the uniform resource locator (URL) of your site, a list of any URLs from which you intend to link to the App, and a list of the URLs on our site to which you would like to link. Please wait for 2-3 weeks for our response.
- You will ensure that all of your links to the App (1) are not in any way deceptive; (2) do not falsely imply our sponsorship, endorsement, or approval of your products and/or services; and (3) fits within the context of your site or platform. No link(s) to the App should appear to be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates or advocates the infringement or other violation of, any third-party rights.
- You will ensure that you will hyperlink to the App:
- By use of the App name; or
- By use of the URL being linked to; or
- By use of any other description of the App being linked to that fits within the context and format of content on your site.
- iFrames. Without our prior written approval, you may not create frames around the App that alter in any way the visual presentation or appearance of the App.
- Content Liability. We will not be held responsible for any content that appears on your site. You agree to protect and defend us against all claims that arise from the use of your site.
- Reservation of Rights. We reserve the right to request that you remove all links or any particular link to the App. You agree to immediately remove all links to the App upon request. We also reserve the right to amend this linking policy at any time. By continuously linking to the App, you agree to be bound to and follow the current and amended linking terms and conditions.
- YOUR REPRESENTATIONS AND WARRANTIES. You warrant and represent to us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in these Terms or in the performance of such obligations will place you in breach of any other contract or obligation.
- SECURITY.
- The content that you provide to the App is stored on a secured private server. While we take reasonable precautions to protect such content, no security system is impenetrable and we cannot guarantee the security of information that you provide to us via the internet, through the App, or in databases stored on our servers.
- You understand that User Content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices.
- USER FEEDBACK. You may provide feedback, comments, and suggestions (“Feedback”). If you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable (through several tiers) and transferable license under any and all intellectual property rights that you own or control in relation to the Feedback to use, reproduce, view, communicate to the public by any means, print, copy (whether onto hard disk or other media), edit, translate, perform and display (publicly or otherwise), distribute, redistribute, modify, adapt, make, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit the Feedback for any purpose.
- APP INFORMATION.
- We attempt to ensure that information on the App is complete, accurate and current. Despite our efforts, the information on the App may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or currency of any information on the App.
- Through your use of the App, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate, or deceptive. By using the App, you assume all associated risks.
- PERSONAL RESPONSIBILITY. You understand that there are certain inherent risks and dangers in using the App. You fully accept these risks. You agree that you will use the App at your own risk. You acknowledge and agree that you are using the App voluntarily and that any of your choices, actions and results from the use of the App now and in the future are solely your responsibility. We are not and will not be liable to you or any other party for any decision made or action taken in reliance on the information from or given by the App.
- DISCLAIMERS. The App and Our Content are provided on an “as is” and “as available” basis. We (and our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the App or Our Content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content that they share (including offensive, inappropriate, obscene, unlawful and other objectionable content). Your use of the App (including any content) is entirely at your own risk. Some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
- LIMITS ON LIABILITY. We cannot predict when issues may arise with the App. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law. To the fullest extent permitted by applicable law, under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive or incidental damages arising out of or related to these Terms or the App (however caused and on any theory of liability, including negligence), even if we have been advised of the possibility of such damages.
- NO MINORS AND CHILDREN. The App is not directed nor intended for children. By using the App, you represent and warrant that you are at least the age of eighteen (18) or otherwise capacitated by your jurisdiction’s applicable laws to use the App. Otherwise, you may not use the App.
- CHANGES TO THE APP.
- We may change, update, alter, suspend, or discontinue the App or its contents, in whole or in part, at any time and for any reason, with or without notice or cost. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the App.
- We may also, in the future, offer new services and/or features through the App (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
- REVISIONS TO THE TERMS AND CONDITIONS. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes on the App. It is your responsibility to check this page periodically for changes. You can review the most current version of these Terms at any time on this page. Your continued use of or access to the App following the posting of any changes constitutes your acceptance of those changes.
- TERMINATION.
- We may disable or remove the App at any time. We also reserve the right to limit the availability of the App to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis.
- You may terminate your use of the App at any time.
- DISPUTES. For any claim, cause of action or dispute that you file against us or we file against you, you and us agree that any such claim, cause of action or dispute must be resolved exclusively in the US District Court inMorristown, New Jersey or a state court located in Morristown, New Jersey. You also agree that you submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the State of New Jersey will govern these Terms and any claim, cause of action or dispute without regard to conflict of law provisions. Without prejudice to the foregoing, you agree that, in our sole discretion, we may bring any claim, cause of action or dispute we have against you in any competent court in the country in which you reside that has jurisdiction over the claim.
- GENERAL.
- Entire Agreement. These Terms set out the entire agreement and understanding between the parties with respect to the use of the App.
- No Waiver. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.
- Separability. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
- Assignment. These Terms are personal to you. You cannot assign your rights and interests in these Terms without our written consent. You agree that we may automatically assign our rights and interests in these Terms at our sole discretion.
- Survival. Any provision of these Terms that imposes continuing obligations on the parties shall survive any termination or expiration of these Terms.
- No Third-Party Beneficiaries. There are no third-party beneficiaries to these Terms.
- CHOICE OF LAW AND VENUE. These Terms will be governed by and construed in accordance with the internal laws of the State of New Jersey without regard to conflicts of laws principles. By using the App, you hereby agree that any action to enforce any arbitration award and any other disputes (if any) regarding these Terms that are not subject to arbitration will be subject to the courts located in the State New Jersey. These Terms operate to the fullest extent permissible by law.
- CONTACT US. If you have any questions or comments, you can contact us through Jon Lucas, Address,[email protected].