Terms & Conditions

Acceptance of these Terms

By using the Platform (as defined below) as a registered user, you accept and agree to these Terms. Please read these Terms as well as the Privacy Policy carefully before you start to use the Platform. If you do not agree to these Terms or the Privacy Policy you must not access or use the Platform.

Definitions

The following definitions apply whether or not the terms are capitalized herein.

“You” or “Your” means the individual or organization using the Platform and thereby agreeing to the Terms.

“Your Account” means the Platform account you set up and the website offered by you through the Platform from that account.

“Content” means any data or material (including without limitation copyrightable subject matter, graphics, text, video and audio content, trademarks and service marks) posted by You or Your end-user.

“End-user” is an individual who accesses your unique account on the Platform.

The “Platform” shall mean the web-based software platform and the tools, functionality and services offered through the same accessible at https://churchonlineplatform.com.

Changes to the Terms

We may revise and update these Terms from time to time at our sole discretion. Any changes are effective when we post them. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes.

Changes to Church Online Platform

While we hope to always offer the Platform and all of its features, we reserve the right to change or cease offering the Platform or any part, portion or functionality of it without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time.

Information About You and Your Access of Church Online Platform

All information we collect on or through the Platform is subject to our Privacy Policy. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

License Grant

Subject to the terms and conditions herein, and www.acapnm.com agreeing to allow you to become a registered user of the Platform, www.acapnm.com  grants You a non-exclusive, non-transferable, terminable, limited license to use the the Platform in accordance with these Terms to create a website for your non-profit institution, www.acapnm.com reserves the right to terminate your license to use the Platform at any time and for any reason. www.acapnm.com  further reserves the right, in its sole discretion, to decline to allow anyone the right to use the Platform.

Notwithstanding anything to the contrary herein, www.acapnm.com  reserves the right to terminate and revoke all or some of the rights granted hereunder temporarily and permanently in the event that www.acapnm.com believes, in its sole discretion, that your use or intended use of Platform or exercise or intended exercise of any rights granted hereunder is or may be inconsistent with www.acapnm.com message or threatens harm to www.acapnm.com reputation or goodwill or the reputation or goodwill of its Partners or www.acapnm.com relationship with any Partner.

Permitted and Unpermitted Use

These Terms allow you to use the Platform in accordance with these Terms for the use of your non-profit organization. All rights not expressly granted to you are reserved by www.acapnm.com.

The following requirements must be met when using the Platform:

  • You must lawfully represent a non-profit organization and provide accurate information to us when attempting to create an account. The Platform may only be used to create an online website for ministry purposes and may not be used in a for-profit manner or for generating profits or revenues of any kind.
  • You assume sole responsibility for the compliance of any Content that You post and any Content posted by your End-users, including all laws and regulations applicable to such Content and to ensure that such Content is compliance with these Terms and does not violate third party rights.
  • By uploading Content, You warrant and represent that You own the right or have all requisite consents to distribute the Content via the internet.
  • You are responsible for maintaining the security of Your account and password.
  • You are responsible for all activity occurring on your account, including content posted by You or End Users and activity that occurs under Your church’s account or while using the Service.
  • You are responsible for obtaining video hosting and streaming for Your account.
  • You are responsible for obtaining proper licensing to stream content over the internet as required by copyright law as well as any and all other laws.
  • If you allow Your End-users to create an account within Your church’s account, you are responsible for collection and protection of their names, usernames and passwords, and ensuring compliance with the laws of your region, state, or country related to the same.
  • You are responsible for End-user compliance with our Terms and Privacy Policy.
  • You may not upload, post, host or transmit unsolicited email, SMS’s or “spam” messages.
  • You may not use the Platform to distribute solicitations or promotional messages without the recipient’s express consent.
  • You may not transmit any worms or viruses or any code of a destructive nature.
  • You may not use the Platform for any illegal or unauthorized purpose.

You agree you are not permitted and will not use the Platform as follows:

  • in any way that violates any federal, state, local or international law or regulation;
  • for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
  • to impersonate or attempt to impersonate any company or person, including www.acapnm.com or another Platform user;
  • to engage in any other conduct which, as determined by us, may harm www.acapnm.com or users of the Platform or expose them to liability;
  • in any manner that could disable, overburden, damage, or impair Church Online Platform or interfere with another’s use of the Platform;
  • You may not license, sublicense, sell, transfer, assign, distribute, copy, modify, make derivative works, or reverse engineer any part of the Platform without express written permission from www.acapnm.com;
  • use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material or code on the Platform;
  • to introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
  • to attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform or any server, computer, or database connected to the Platform;
  • to attack the Platform via a denial-of-service attack or a distributed denial-of-service attack; and
  • otherwise attempt to interfere with the proper working of the Platform.
  • You also agree that you will not send, knowingly receive, upload, download, use, or re-use any material which, as determined by www.acapnm.com in its sole discretion:
  • contains any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
  • promotes sexually explicit or pornographic material, violence, or discrimination on any basis, including that based on race, sex, religion, nationality, disability, sexual orientation, or age;
  • infringes any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
  • violates the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations; or
  • promotes any illegal activity, or advocates, promotes, or assists any unlawful act;
  • involves commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; and
  • gives the impression that the material emanates from or is endorsed by www.acapnm.com or any other person or entity, if this is not the case.

User Contributions

You acknowledge that Your dealings with End-users and any other parties met or found on or through the Platform are solely between You and the End-user or such party. You agree that www.acapnm.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

The Platform contains interactive features that allow users to post, submit, publish, display or transmit to other users or other persons content or materials (collectively, “User Contributions”) on or through the Platform. It is your sole choice whether to make User Contributions on your account or whether to allow your End-users the ability to create their own User Contributions.

However, we do not undertake to review User Contributions or any other material before it is posted on or through the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. So, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.

All User Contributions must comply with these Terms. By providing any User Contribution on or through Church Online Platform, you grant us and our service providers, and each of their and our respective licensees, successors and assigns, the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material in order to offer the Church Online Platform functionality you request or otherwise utilize. You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant this license and that all of your User Contributions do and will comply with these Terms. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of Church Online Platform.

Account Security

Subject to the terms and conditions herein, and www.acapnm.com agreeing to allow you to become a registered user of the Platform, www.acapnm.com grants You a non-exclusive, non-transferable, terminable, limited license to use the the Platform in accordance with these Terms to create a website for your non-profit institution, www.acapnm.com reserves the right to terminate your license to use the Platform at any time and for any reason. www.acapnm.com further reserves the right, in its sole discretion, to decline to allow anyone the right to use the Platform.

Notwithstanding anything to the contrary herein, www.acapnm.com reserves the right to terminate and revoke all or some of the rights granted hereunder temporarily and permanently in the event that www.acapnm.com believes, in its sole discretion, that your use or intended use of Platform or exercise or intended exercise of any rights granted hereunder is or may be inconsistent with www.acapnm.com message or threatens harm to www.acapnm.com reputation or goodwill or the reputation or goodwill of its Partners or www.acapnm.com relationship with any Partner.

Monitoring and Enforcement; Legal Compliance; Termination

You agree that we have the right to:

  • take any action with respect to any user, registered user account or User Contribution that we deem necessary or appropriate in our sole discretion if we believe there to be a violation of these Terms, infringement of third party rights, a threat to the personal safety of others, or a threat or liability or harm to the goodwill associated with the Platform or www.acapnm.com;
  • take appropriate action, including without limitation, referral to law enforcement and disclosure of your information, for any illegal or unauthorized use of the Platform; and
  • terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through Church Online Platform. YOU ARE RESPONSIBLE FOR COMMUNICATING THE FOREGOING TO YOUR END-USERS AND YOU AGREE TO DEFEND AND INDEMNIFY www.acapnm.com FOR ANY CLAIMS ARISING FROM OUR DISCLOSURE OF END-USER INFORMATION TO COOPERATE WITH LAW ENFORCEMENT. YOU WAIVE AND HOLD HARMLESS www.acapnm.com AND ITS LICENSEES AND SERVICE PROVIDERS AND ALL OF THEIR EMPLOYEES, OFFICERS AND DIRECTORS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF LEGAL INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY www.acapnm.com OR LAW ENFORCEMENT AUTHORITIES.

Your Reliance on Information and Translations

The information presented on or through Church Online Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. In addition, although Church Online Platform can translate certain site content into various languages, translations to languages other than English are provided to us by other parties and we do not represent or warrant the accuracy of those translations. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to Church Online Platform, or by anyone who may be informed of any of its contents.

Linking from and to the Platform and Social Media Features

The Platform may provide certain features that enable you to connect or link to or from social media as well as other third party websites and applications and share information and communications to and from the Platform and such third party services. You may use these features solely as they are provided by us solely with respect to the content they are displayed with and otherwise in accordance with these Terms and any additional terms and conditions we provide with respect to such features. We may disable all or any of this features at any time without notice in our discretion.

Limitation on Liability

IN NO EVENT SHALL www.acapnm.com, ITS LICENSORS, SERVICE PROVIDERS, OR ANY OF THEIR EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR OR YOUR END-USERS’ USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT OFFERED ON OR THROUGH THE PLATFORM OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

ADDITIONALLY, AS YOU SOLELY CHOOSE TO CREATE AN ACCOUNT OFFERED TO END-USERS, YOU ARE SOLELY RESPONSIBLE FOR THE RIGHTS, OBLIGATIONS, LIABILITY AND INTERACTION AMONG AND BETWEEN YOU AND END-USERS, INCLUDING INFORMING SUCH END-USERS HOW THEIR INFORMATION IS USED WITHIN THE PLATFORM.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless www.acapnm.com, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of Platform, including, but not limited to, your User Contributions, claims from End-users related to your account or their use thereof, any use of Platform content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Platform.

Governing Law and Jurisdiction

All matters, disputes or claims relating to the Platform and these Terms (including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Oklahoma without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Oklahoma in each case located in the City of Oklahoma City, Oklahoma County. By agreeing to these Terms and using the Platform, you waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

www.acapnm.com may only waive its rights under these Terms in writing. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

Entire Agreement

These Terms and our Privacy Policy constitute the sole and entire agreement between you and ACAPNM Church. with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform.