Terms of Use

 

UPDATED AS OF: October 12, 2020

 

These Terms of Use (“Terms”) apply to and govern your use of our services, events, classes, features, functions, accounts, content, materials, and information (“Services”), as well as our websites, digital properties,  blogs, and mobile apps, whether accessed via computer, mobile device or other technology (collectively, the “Sites“). The Sites and Services are offered by Bel Air Presbyterian Church and its affiliated entities (collectively, “the Church,” or “we”, “us”, “our”).

 

Please read these Terms carefully, as they contain important legal information ABOUT YOUR RIGHTS, such as disclaimers of OUR warranties, limitations on our liability, waiver of YOUR right to A jury trial, and binding arbitration on a non-class basis. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SITES OR SERVICES.  By accessing or using the Sites or Services in any way, including registering an account or accessing, viewing, or using any content, information, services, features or resources available or enabled via the Site or Services, you: (1) agree to be bound by these Terms and any future amendments and additions to these Terms ; (2) represent you are of legal age in your jurisdiction of residence to form a binding contract; and (3) represent that you have the authority to enter into these Terms personally and, if applicable, on behalf of any company, organization or other legal entity on whose behalf you use the Services.

 

We may, in our sole discretion, and at any time, discontinue the Site and/or Services (or any part thereof), with or without notice. Your access to and use of the Sites and Services (or any part thereof) is subject to these Terms, the Church Privacy Policy (the “Privacy Policy“), and all applicable laws, rules, regulations, and orders. We may update these Terms from time to time in our sole discretion. Your continued use of the Sites or Services after we have updated these Terms constitutes your agreement to those changes. Certain features of the Sites or Services may have additional terms, such as promotion official rules, site content and behavior guidelines, and other terms and conditions (“Supplemental Terms”). These Supplemental Terms govern your rights and responsibilities in connection with the particular additional features that you are using and are incorporated herein by reference.

 

INTELLECTUAL PROPERTY

 

We (or our associated or affiliated companies or third parties who have licensed their brands to the Church or contributed to the Sites or Services) (“Content Owner“) own or license from third parties all information, text, images, audio, video, designs, names, logos, trademarks, data, code or other information, material or content on the Sites or Services (“Site Content”). All Site Content and all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein remains the sole and exclusive property of the applicable Content Owner and is protected under all relevant international copyright, trademark and other intellectual property laws. Except for the limited license granted to you herein, the Content Owner shall be the sole and exclusive owner of, and reserves all rights in and to, the Site Content. Nothing on the Sites or Services should be construed as granting any license or rights to use or distribute any Site Content, without our express written agreement or of the other applicable Content Owner.

 

USER CONTENT

 

Any material, content, or information you send or upload to the Sites or Services will be deemed non-confidential and non-proprietary; this includes any data, questions, comments, suggestions, ideas or other information, material or property (collectively, “User Content”). You hereby grant to us and our licensees, designees, and assignees, a worldwide, perpetual, irrevocable, non-exclusive right and license to reproduce, broadcast, excerpt, display, disseminate, recreate, create derivative works of, or otherwise use any or all User Content for any purpose, without compensation to you. You represent and warrant that you are the original creator or author of all User Content you upload or submit to the Sites or Services, and that your User Content will not violate, infringe, or misappropriate any rights of any third party, including intellectual property rights, rights of privacy, and rights of publicity.

 

You are solely responsible for your own User Content and the consequences of transmitting, posting, or publishing it. Any User Content or other material, information or ideas that you submit to us or post or publish on the Sites or Services is non-confidential and non-proprietary. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code, or original artwork.  By submitting User Content, you represent and warrant that: (i) your User Content does not violate, infringe, or misappropriate any copyright, trademark, trade secret, patent or other intellectual property right, any right of privacy or publicity of any third party or any applicable law, rule or regulation, (ii) you own or have the legal right to use and authorize us and other Site and Services users to use, copy, or reproduce your User Content as set forth herein, including written consent to use of any product or the name, voice, likeness or any other applicable personal rights of each identifiable person featured or referenced in your User Content and (iii) your User Content does not violate the acceptable use provisions of these Terms, set forth below.

 

As between you and us, you will retain all of your ownership rights in and to your User Content. By submitting User Content, you hereby grant to us a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sublicensable (through multiple tiers) and transferable right and license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit your User Content, in whole or in part, for any purpose (including our commercial exploitation), including future rights that we (or our successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe yet to be developed.  You also hereby grant each user of the Sites and Services a non-exclusive license to access your User Content through the Sites and Services, and to use, access, watch, reproduce, distribute, transmit, forward, display and perform such User Content in whole or in part, to the extent permitted by the Sites or Services under these Terms.

 

We do not endorse any User Content or any opinion, recommendation, or advice expressed therein. Please note that users may post content that is inaccurate, misleading, or deceptive. We neither endorse nor are responsible for any opinion, advice, information, or statements made by third parties. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect our opinions. We reserve the right, but are not obligated, to monitor User Content. We have the right (but not the obligation) to refuse, remove, edit or delete any User Content and/or to terminate any user’s access to the Sites for any reason – at our sole discretion. We take no responsibility for User Content.

 

RIGHTS; RESPONSIBILITIES; AND GENERAL RESTRICTIONS

 

You may use the Sites and Services for your own personal, non-commercial informational purposes only.  You may not copy, reproduce, reuse, retransmit, adapt, publish, frame, post, upload, modify, create derivative works from or based upon, transmit, link from or to, decompile, reverse engineer, incorporate into any hardware or software application, broadcast, distribute or otherwise use or exploit any Site Content in any way, including for any public or commercial purpose whatsoever, without our express authorization.  You may not use any third parties’ likenesses, names, and/or properties without their express permission. You may not send, upload, or provide any material to the Sites or Services or use the Sites or Services to create, publish, and/or display any content, that is: unlawful, harmful (including any virus), threatening, libelous, defamatory, obscene, vulgar, scandalous, inflammatory, pornographic, indecent or profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that could constitute or encourage a violation of any applicable laws, rules, regulations or government guidelines (“Applicable Laws“), or that infringes, misappropriates, or violates other parties’ intellectual property, publicity, or privacy rights or links to infringing or unauthorized content. You may not do anything on the Sites or Services that would prevent other users’ access to or use of the Sites or Services, or any part thereof. You are responsible for maintaining the confidentiality of any username or passwords associated with access to the Sites or your account (including in those instances in which the Sites uses the account creation mechanism and management of a third party’s social network, website or device) and to monitor and assume responsibility for all activities that occur under your username and/or password. We may cancel any registration(s) or account(s) on the Sites at any time, without notice or liability, for any reason, including if technical problems, irregularities or misuse occurs.

 

DISCLAIMERS

 

We try to make the Services, Sites, and Site Content reliable, but inaccuracies may occur. USE OF THE SITES AND SERVICES IS AT YOUR OWN RISK. THE SITES AND SERVICES ARE PROVIDED TO YOU “AS IS”; “WITH ALL FAULTS” AND “AS AVAILABLE” TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR RELATED PARTIES DISCLAIM ALL WARRANTIES REGARDING THE SITES AND SERVICES, AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES ARISING OUT OF: (i) STATEMENTS, ERRORS OR OMISSIONS ON THE SITES OR SERVICES; (ii) CONTENT INFRINGING ANY THIRD PARTY’S RIGHTS; (iii) VIRUSES THAT MAY BE TRANSMITTED TO YOUR COMPUTER, PHONE, OR OTHER ELECTRONIC DEVICE; (iv) LINKING TO ANY OTHER SITE OR ITS NATURE OR CONTENTS; (v) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/ OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (vi) PERSONAL INJURY OR PROPERTY DAMAGE; OR (vii) ANY OTHER MATTER REGARDING THE SITES OR SERVICES, AND YOUR USE OF SAME.

 

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

REGISTRATION

 

When registering an account for the Services (“Account“), you agree to provide only true, accurate, current and complete information requested by the registration form (the “Registration Data“) and to promptly update the Registration Data thereafter as necessary. You represent that you are not barred from using the Site or Services under any applicable law and that you will be responsible for all activities that occur under your Account. You agree to monitor your Account to restrict its use by minors and other unauthorized users and agree not to share your Account or password with anyone. You further agree to notify us immediately of any unauthorized use of your password or any other breach of the security of your Account and to exit from your Account at the end of each session. You agree not to create an Account using a false identity or alias or if you previously have been banned from using any of the Services. We reserve the right to remove or reclaim any usernames at any time and for any reason. You acknowledge and agree that you have no ownership or other property interest in your Account and that all rights in and to your Account are owned by and inure to the benefit of us.

 

PAYMENT

 

To the extent applicable, you agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You also agree to pay all applicable taxes. You must provide us with valid payment information in connection with your orders. By providing us with your payment information, you agree that (i) we are authorized to immediately invoice your Account for all fees and charges due and payable to us hereunder, (ii) we are authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services), and (iii) no additional notice or consent is required for the foregoing authorizations. YOU FURTHER REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. You agree to immediately notify us of any change in your payment information. We reserve the right at any time to change our prices and billing methods. If payment cannot be charged to your payment card or your payment is returned for any reason, we reserve the right to either suspend or terminate your access to the unpaid-for services.

 

THIRD-PARTY LINKS

 

The Sites may contain links to third-party services such as third party websites, applications, or ads (“Third-Party Links“). When you click on such a link, we will not warn you that you have left the Services. We do not control and are not responsible for Third-Party Links. We provide these Third-Party Links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to them, or any content, products or services accessible through such links. Your use of all Third-Party Links is at your own risk.

 

LIMITATION OF LIABILITY

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR REVENUE OR FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF DATA, PRODUCTION, OR USE, BUSINESS INTERRUPTION OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT THE WE ARE LIABLE TO YOU EXCEED THE GREATER OF (A) THE TOTAL AMOUNT ACTUALLY PAID TO US BY YOU DURING THE TWELVE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY, (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE OR REGULATION UNDER WHICH SUCH CLAIM ARISES, OR (C) ONE HUNDRED DOLLARS ($100). THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO CHURCH LIABILITY OF FOR (X) DEATH, TANGIBLE PROPERTY DAMAGE, OR PERSONAL INJURY CAUSED BY OUR GROSS NEGLIGENCE OR FOR (Y) ANY INJURY CAUSED BY OUR FRAUD OR FRAUDULENT MISREPRESENTATION.

 

INDEMNIFICATION

 

BY USING THE SERVICES OR SITES, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CHURCH AND ITS RELATED PARTIES, AND ITS AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, LICENSORS, SUCCESSORS AND ASSIGNS, FROM ALL DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE LAWYER’S FEES AND COSTS, ARISING OUT OF ANY OF THE FOLLOWING:

  • ANY CLAIMS FOR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, LIBEL, DEFAMATION RELATING TO ANY MATERIALS YOU SEND TO THE SITES OR SERVICES;
  • ANY ACTIVITY RELATING TO YOUR INTERNET ACCOUNT, INCLUDING NEGLIGENT OR WRONGFUL CONDUCT BY YOU OR ANYONE USING THE SITES THROUGH YOUR INTERNET, CELL PHONE, OR SOCIAL NETWORKING ACCOUNT;
  • THE VIOLATION OF ANY APPLICABLE LAWS AND/ OR THESE TERMS BY YOU AND/ OR ANYONE USING YOUR ACCOUNT TO ACCESS AND/ OR OTHERWISE USE THE SITES (IN WHOLE OR IN PART);
  • YOUR VIOLATION OF ANY PERSON’S PRIVACY, PUBLICITY OR OTHER RIGHT;
  • ANY OTHER MATTER REGARDING THE SITES AND YOUR USE OF THEM.
  • You agree to use best efforts to cooperate with us in the defense of any such matter. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

 

BINDING ARBITRATION; CLASS ACTION WAIVER

 

You agree that any dispute between you and us relating in any way to the Services or Sites, our advertising or marketing practices, any items sold or distributed through the Services or Sites, or these Terms or our Privacy Policy, will be resolved by binding arbitration before Judicial Arbitration and Mediation Services (“JAMS”), rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or we may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).  

 

The arbitration will be conducted in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. Please go to www.jamsadr.com to see a complete copy of the JAMS Rules and Procedures or to submit a claim for arbitration. Alternatively, you may assert your claims in small claims court in accordance with these Terms if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.  In resolving a claim for arbitration, the arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.

 

If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class, representative, or collective basis, or as a private attorney general on behalf of other persons similarly situated, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitrate the dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. Disputes regarding the arbitrability of any claim shall be resolved by the arbitrator.

 

THE ARBITRATION OF DISPUTES PURSUANT TO THIS SECTION SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU MAY NOT BRING ANY CLAIM AS A PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHER SIMILARLY SITUATED PERSONS. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. Without in any way limiting the foregoing, you and the Church agree that any individual arbitration commenced by you or by the Church may be consolidated with any other individual arbitration(s) pending before JAMS in accordance with JAMS Comprehensive Rule 6(e), provided that either party makes such request.

 

BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL. DO NOT USE THE SITES OR SERVICES IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.

 

EXCLUSIVE VENUE

 

To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and the Church agree that all claims and disputes arising out of or relating to these Terms will be litigated exclusively in the state or federal courts in Los Angeles County, California.

 

GENERAL

 

Survival. These Terms will survive the termination or expiration of your relationship with us.

 

Assignment. These Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

 

Force Majeure. We shall not be liable for any delay or failure to perform resulting from causes outside of our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

 

CHILDREN

 

The Sites and Services are directed only at individuals over the age of thirteen years old. By using the Sites or Services, you affirm that you are over the age of 13.

 

TERMINATION

 

You understand and agree that the Church may, in its sole discretion, without liability or prior notice and at any time, terminate or temporarily suspend your rights to access or use of the Sites and/or Services, and discard, remove, and/or disable or deactivate any or all of your submissions or materials and data that you (and/or anyone else) may have sent to the Sites and/or Services. The Church may also, in its sole discretion, without liability and at any time, discontinue the Sites and/or Services or any parts thereof or limit or restrict any user access thereto, for any reason, with or without prior notice. You may discontinue your access to, use or participation on or by means of the Sites or Services at any time.

 

JURISDICTION

 

We control and operate the Sites from the State of California, USA (the “Jurisdiction”) (regardless of where hosting servers are located). All matters relating to the Sites are governed by the laws of the above Jurisdiction, without reference to conflict or choice of law principles. You agree that jurisdiction and venue for any legal proceeding relating to the Sites shall be in appropriate courts located in the above Jurisdiction. We do not warrant or imply that the Sites or materials on it are appropriate for use outside of the USA. The information set forth in the Sites concerning any products or services is applicable only in the Jurisdiction, and these products or services may not be available in all locations. If you are located outside of the USA, you are solely responsible for compliance with any applicable local laws in the jurisdiction from where you access or use the Sites.

 

SEVERABILITY; WAIVER

 

If for any reason, any provision of these Terms is found unlawful, void or unenforceable, it shall be deemed severed from these Terms and the remaining provisions will continue in full force and effect. The failure of the Church to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

 

DEFINITIONS/INTERPRETATION

 

As used herein:

Damages” means any and all direct, special, indirect, consequential loss or, exemplary or punitive damages or other damages of any kind, including damages for loss of revenues, profits, goodwill, use, data or other intangible losses (whether in contract, including fundamental breach, tort, including negligence, statutory or otherwise).

including” means including, but not limited to.

materials sent to the Sites” (and “materials you send to the Sites” and other like terms) means anything emailed, uploaded, posted or otherwise transmitted or sent to the Sites (whether information, text, material, data or code or other) by you or another user.

Related Parties” means all of our parent, subsidiary and affiliated companies, Site Developers and other promotional partners.

Site Developer” means any party involved in creating, producing, delivering or maintaining the Sites.

use of the Site(s)” (and “using” and other like terms) means any and all use of the Sites of any kind whatsoever, including access to, browsing of, reviewing, posting of, transmitting, reviewing, downloading, and other using the Sites or any material on the Sites.

Warranties” means any warranties or representations, express or implied (including, without limitation, any implied warranties of merchantability or fitness for a particular purpose, title, non-infringement or freedom from computer virus).

 

CHANGES

 

Please note, we may change, modify or add to the information on the Sites, Services, and/or these Terms, at any time without prior notice. Changes to these Terms or the Privacy Policy will be effective when posted. You should regularly review these Terms for any changes. Your continued use of the Sites or Services after any changes to these Terms are posted will be considered acceptance of those changes and will constitute your agreement to be bound thereby; and by providing continued access to the Sites and Services we are providing you consideration for agreement to such changes. If you object to any such changes, your sole recourse will be to stop using the Sites and Services.

 

CONTACT US

 

If you have any questions or concerns regarding these Terms, please contact us at:

 

16221 Mulholland Drive

Los Angeles, CA 90049

818-788-4200

info@belairpres.org