Terms & Conditions

Terms & Conditions

 

By using Amped Church Inc. (“Amped Church”, “we”, or “us”) web site, mobile and online services, and any applications for mobile devices, you are agreeing to be bound by our Terms & Conditions as well as our Privacy Policy, whether or not you are a registered user of the Service. This agreement applies to all visitors, users, and others who access the Service (“Users”).

 

ELIGIBILITY

 

This Service is intended solely for users who are thirteen (13) years of age or older, and any registration, use or access to the Service by anyone under 13 is strictly prohibited and in violation of the Terms & Conditions.

You must be a representative of the church you are signing up.

You must provide us with your full legal name as well as other requested information in order to complete the sign-up process and use our Service.

 

SERVICE RULES

 

You must have the full legal rights to all content you upload and may not use the Service for any unlawful activities.

You are solely responsible for the security of your account. Amped Church is not liable for any lost or stolen data or any lost or stolen content.

Upon sign-up you will be provided with a temporary password, we recommend that you change this password immediately. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account.

Should your account be compromised, it is your responsibility to notify Amped Church. Therefore, Amped Church is not liable for any action taken by those who access your account via compromised data.

By providing Amped Church your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail.

 

PAID SERVICES

 

If you elect to purchase products or services on or through the Service, or to use paid aspects of the Service, you agree to the pricing and payment terms, as we may update them from time to time. Amped Church may add new products and services for additional fees and charges, or amend fees and charges for existing products and services, at any time in its sole discretion.

A valid credit card is required to use our Services.

The Service is billed in advanced on a monthly basis and is non-refundable.

Should you wish to cancel your account, you must do so before the billing date to avoid being charged for the following month.

You are solely responsible to cancel your account and all content will be irretrievable once deletion of account occurs. Amped Church is not liable for any loss of data or content due to this process.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.

For any upgrade or downgrade to your plan, your credit card that you provided will automatically be charged the new rate on your next billing cycle.

Downgrading your service may result in the loss of data, content, and/or features. Amped Church assumes no responsibility or liability should such an event occur.

Amped Church reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Amped Church Inc. service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account or denial of your access to your account, as well as the forfeiture of all data and content in your account. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

Amped Church reserves the right to refuse service to anyone for any reason at any time.

Amped Church may, at any time, modify or discontinue services, temporarily or permanently with or without notice.

Amped Church may, at any time, modify prices of services, including but not limited to modifications of the monthly subscription rate for use of the Service. Users will be given 30-days notice of change in pricing via the web, email and/or the service itself.

 

CONTENT

 

We may, but have no obligation to, remove data and content from accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms & Conditions.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.

 

DISCLOSURE OF MATERIAL CONNECTION

 

Amped Church may be compensated if you click on a link and purchase one or more of the products or services recommended to you on this site or in an email, blog, or other online posting sponsored by us. In addition, some of the endorsements made on this site, or on our affiliates’ sites, may be made by persons who have a financial or other interest in Amped Church Inc. or its products or services. This disclosure is made pursuant to 16 CFR, Part 255 of the Federal Trade Commission’s “Guides Concerning the Use of Endorsements and Testimonials in Advertising.”

 

PRIVACY

 

We care about the privacy of our Users. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed in the United States.

 

SECURITY

 

Amped Church cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

 

INDEMNITY

 

You agree to defend, indemnify and hold harmless Amped Church and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

 

WARRANTY

 

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED

 

LIMITATIONS OF LIABILITY

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AMPED CHURCH, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL AMPED CHURCH BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AMPED CHURCH ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY (INCLUDING HOSTED SITES). IN NO EVENT SHALL AMPED CHURCH, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO AMPED CHURCH HEREUNDER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF AMPED CHURCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

The Service is controlled and operated from its facilities in the United States. Amped Church makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

 

ARBITRATION AND GOVERNING LAW

 

A Arbitration. For any dispute you have with Amped Church, you agree to first contact us at [email protected] and attempt to resolve the dispute with us informally. In the unlikely event that Amped Church has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and Amped Church agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND AMPED CHURCH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

B Governing Law. You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive host that does not give rise to personal jurisdiction over Amped Church, either specific or general, in jurisdictions other than California. These Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. We each agree to submit to the personal jurisdiction of a state court located in Contra Costa County, California or the United States District Court for the Northern District of California, for any actions for which either party retains the right to seek injunctive or other equitable relief, as further described in the Arbitration provision above.

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Amped Church’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

 

QUESTIONS

 

Should you have any questions regarding our Terms & Conditions, please contact us at [email protected] for more information.

 

 

Terms & Conditions last updated October 3rd, 2012.

Copyright 2012 Amped Church Inc. All rights reserved.