PLATFORM TERMS AND CONDITIONS
Last updated: October 2, 2023
These Platform Terms and Conditions (“Platform Terms”) are a binding agreement between you and Central Church of God (“Central Church”, “we”, “us”, or “our”). These Platform Terms govern your use of our website (“Site”) and our mobile application (“App”).
By accessing or using the Platform, you agree to read, comply with, and be legally bound by these Platform Terms.
1. ACCESS TO AND USE OF THE PLATFORM
(a) Authorization. Subject to the terms and conditions of these Platform Terms, Central Church hereby grants you a non-exclusive, non-transferable right to access and use the Platform.
(b) Use Restrictions. You may not: (i) copy, modify, or create derivative works of the Platform, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Platform; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component or source code of the Platform, in whole or in part; (iv) remove any proprietary notices from the Platform; (v) use the Platform in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property rights or other rights of any person, or that violates any applicable law; (vi) access or use the Platform to Central Church’s detriment or disadvantage; (vii) upload, transmit, or otherwise provide to or through the Platform, any information or materials that are unlawful or injurious, or contain, transmit, or activate any harmful code or virus; (viii) damage, destroy, disrupt, disable, impair, interfere with, or otherwise impede or harm in any manner the Platform in whole or in part; or (ix) bypass or breach any security device or protection used by Central Church.
(c) Links to Third Party Websites. The Platform may include links to other websites or services solely as a convenience to you. You acknowledge and agree Central Church is not responsible for the availability of such external sites or resources and that Central Church does not endorse and is not responsible or liable for any such linked sites or other information, material, products, or services contained on other linked sites or accessible through other linked sites. Furthermore, we make no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. Your access to and use of linked sites, including information, material, products, and services on linked sites or available through linked sites is solely at your own risk.
(d) Termination. We reserve the right, with or without notice and in our sole discretion, to terminate these Platform Terms or your ability to access or use the Platform for any reason. You agree that we will not be liable to you or any third party for any such termination.
(e) User Content. In using the Platform, you may upload, import into, or create text, information, communication, or material, such as audio files, video files, or images (collectively, “User Content”). Although we reserve the right to edit or remove content that violates these Platform Terms, you acknowledge and accept responsibility and liability for the User Content you post.
(f) Your Information. By accessing the Platform or submitting information through the Platform, we may collect and use information as described in the Privacy Policy, available at https://www.centralnc.org/privacy_policy which may be updated from time to time.
2. OWNERSHIP
(a) Ownership. We own or license all rights, title and interest, including all Intellectual Property Rights that comprise and operate our Platform. For purposes of these Terms, “Intellectual Property Rights” means, on a worldwide basis, all patents, trademarks, service marks, trade name rights, logos, drawings, inventions, copyrights, mask works, samples, processes, moral rights, rights of publicity, rights of ownership, designs, design rights, trade secrets, specifications, instruction manuals, technology, materials, know how, information, data, goodwill, improvements and writings, and any applications, registrations or common law rights in any of the foregoing, as applicable.
(b) Reservation of Rights. Central Church reserves all rights not expressly granted to you in these Platform Terms. Except for the limited rights and licenses expressly granted under these Platform Terms, nothing in these Platform Terms grants, by implication, waiver, estoppel, or otherwise, to you or any third party any Intellectual Property Rights or other right, title, or interest in or to the Platform, or any and all intellectual property provided to you or any visitor in connection with the foregoing.
(c) Feedback. You may, at your own discretion, choose to provide us with ideas, suggestions, or proposals for the Platform (“Feedback”). In such event, you agree that we are the owner of such Feedback, and we are free to use it for our business purposes, including by incorporating it into the Platform without any payment or attribution or other obligation to you.
3. DISCLAIMER OF WARRANTIES
THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CENTRAL CHURCH EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE PLATFORM, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WE EXPRESSLY DISCLAIM THAT THE SERVICES WILL BE WITHOUT ERROR OR INVULNERABLE TO VIRUSES, BUGS, WORMS, OR OTHER HARMFUL CODE OR SOFTWARE.
WE DO NOT REPRESENT THAT ANY DATA, COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER INFORMATION THAT WE COLLECT, STORE, OR TRANSMIT IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE PLATFORM WILL NEVER BE ERRONEOUSLY DELETED OR MISDELIVERED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
4. LIMITATION OF LIABILITY
IN NO EVENT SHALL CENTRAL CHURCH OR ITS AFFILIATES, EMPLOYEES OR AGENTS (“REPRESENTATIVES”) BE LIABLE TO YOU UNDER OR IN CONNECTION WITH THIS AGREEMENT FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (EVEN IF PREVIOUSLY APPRISED OF THE POSSIBILITY THEREOF), WHETHER THE BASIS OF THE LIABILITY IS BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), STATUTORY OR ANY OTHER LEGAL THEORY, OR FOR ANY ERROR OR INTERRUPTION OF USE; OR LOSS OF GOODWILL OR REPUTATION.
THE AMOUNT OF CENTRAL CHURCH’S LIABILITY TO YOU UNDER ANY AND ALL CLAIMS FOR LOSS OR LIABILITY BASED UPON, ARISING OUT OF, RESULTING FROM, OR IN ANY WAY CONNECTED WITH THIS AGREEMENT SHALL IN NO CASE EXCEED THE AMOUNT OF $500 USD.
5. COPYRIGHT LAW VIOLATIONS
(a) Central Church Policy. Central Church respects the intellectual property rights of others. You must ensure that your User Content does not infringe any third party’s copyright. We will remove User Content and other materials on our Platform in accordance with the Digital Millennium Copyright Act (“DMCA”) upon receipt of proper notices that User Content or other materials on our Site or App infringe a third party’s copyright. Additionally, subject to Section (d) below, we will terminate your account if you are a repeat infringer.
(b) Notice of Infringement. If you are a copyright owner or an agent thereof and believe that any user submission or other content on our Site or App infringes upon your copyrights, you may submit a notification pursuant to the DMCA to the address provided below. Such notification must contain the following:
(i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
(iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
(v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Central Church may disclose DMCA notices to affected users and third party databases that collect information about copyright takedown notices.
(c) Counter Notifications. If your User Content is removed pursuant to a notice of copyright infringement and you want to challenge the removal, you must provide us a counter notification to the address provided below. Such counter-notification must contain the following:
(i) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
(ii) a description of the material that was removed and where the material previously appeared on our Platform reasonably sufficient to permit us to identify the material;
(iii) a statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
(iv) a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or, if your address is outside the United States, any judicial district in which the Central Church may be found (the United States District Court for the Western District of North Carolina) and that you will accept service of process from the person who provided the original DMCA notice or an agent of that person; and
(v) your physical or electronic signature.
We will forward any complete counter-notification to the person who provided the initial DMCA notice. The copyright owner(s) may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that such a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we may, but are not obligated to, restore your User Content and other materials. Until that time, your User Content and other materials will remain removed.
(d) Repeat Infringers. Without limiting anything else in these Platform Terms, we will terminate your account if you receive three (3) DMCA Takedown Actions. A “DMCA Takedown Action” occurs each time User Content or other materials are removed due to a DMCA notice. We may group multiple DMCA notices received in a short period of time as a single DMCA Takedown Action. We may remove a DMCA Takedown Action in appropriate circumstances, such as where: (1) the material is restored due to a DMCA counter-notification; or (2) the party who provided the DMCA notice withdraws their complaint.
(e) Address for Notices. DMCA notices and counter-notifications may be sent to our designated agent, Dirck Ruehle, at the following addresses:
By email to:
[email protected]By mail to: Central Church of God
Attn: Dirck Ruehle, Controller
5301 Sardis Road
Charlotte, North Carolina 28270
Please Note: If you knowingly and materially misrepresent that any material or activity on the Platform infringes your copyright or was removed by mistake or misidentification, you may be held liable for damages under the DMCA.
6. SPECIAL TERMS FOR APPS DISTRIBUTED THROUGH THE APPLE APP STORE OR GOOGLE PLAY
(a) Acknowledgement. The Central Church App may be available through the Apple App Store or Google Play. You and Central Church each acknowledge that these Platform Terms and any other terms and conditions imposed by Central Church with respect to the Central Church Apple App and the Central Church Google App (the “Central Church Apps”) and any other agreements entered into between you and Central Church in connection with the Central Church Apps (collectively, the “Central Church App Agreements”) are between you and Central Church only, and not with Apple Inc. or Google, Inc. (each an “App Distributor”), and that Central Church, not an App Distributor, is solely responsible for the Central Church Apps and the content thereof. In the event the Central Church App Agreements provide usage rules for the Central Church Apps that are in conflict with the App Distributor Service Terms, the App Distributor Platform Terms shall control with respect to the Central Church Apps.
(b) Scope of License. In addition to the other terms set forth in the Central Church App Agreements, the licenses granted to you for the Central Church App are solely for your use on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service.
(c) Maintenance and Support. Central Church is solely responsible for providing any maintenance and support services with respect to the Central Church Apps, as specified in the Central Church App Agreements or as required under applicable law. You and Central Church acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the Central Church Apps.
(d) Warranty. Central Church is solely responsible for any product warranties, whether express or implied by law, to the extent not disclaimed in the Central Church App Agreements. In the event of any failure of the Central Church Apps to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the Central Church App. Further, to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the Central Church App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Central Church’s sole responsibility.
(e) Product Claims. You and Central Church acknowledge that Central Church, not an App Distributor, is responsible for addressing any claims that you or any third party have relating to the Central Church App or your possession and/or use of the Central Church App, including, but not limited to: (1) product liability claims; (2) any claim that the Central Church App fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection, privacy or similar legislation.
(f) Intellectual Property Rights. You and Central Church acknowledge that, in the event of any third party claim that the Central Church App, or your possession and use of the Central Church App, infringes that third party’s Intellectual Property Rights, subject to the limitations of liability and indemnification obligations set forth in the Central Church App Agreements, Central Church, not the App Distributor, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
(g) Third Party Terms. You must comply with applicable third party terms when using the Central Church App.
(h) Third Party Beneficiary. You and Central Church acknowledge and agree that the App Distributors, and their subsidiaries, are third party beneficiaries to these Terms as applicable to the Central Church App, and that, upon your acceptance of these Terms, each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms (as applicable) against you as a third party beneficiary thereof.
7. MISCELLANEOUS
(a) Governing Law and Venue. This Agreement is governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice of law provisions. Any legal suit, action, or proceeding arising out of or relating to this Agreement or the licenses granted hereunder will be instituted exclusively in the United States District Court for the Western District of North Carolina or the applicable trial courts with jurisdiction in Charlotte, North Carolina, whichever is applicable, and each party irrevocably submits to the jurisdiction of such courts in any suit, action, or proceeding.
(b) Waiver and Cumulative Remedies. No failure or delay by either party in exercising any right under these Platform Terms shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.
(c) Survival. The provisions of these Platform Terms, which by their nature are intended to survive the termination or cancellation of these Platform Terms, shall continue as valid and enforceable obligations notwithstanding any such termination or cancellation.
(d) Severability. If any part of these Platform Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, any warranty disclaimers and limitations of liability set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Platform Terms shall continue in effect.
(e) Headings. The headings used in these Platform Terms are included for convenience only.
(f) Changes. We may, in our sole discretion, modify or revise these Platform Terms at any time. Although we may attempt to notify you when major changes are made to these Platform Terms, from time to time you should review the most up-to-date version here at https://www.centralnc.org/terms_and_conditions. By continuing to access and use the Platform, you agree to be bound by such modifications or revisions.
(g) Entire Agreement. These Platform Terms comprises the entire agreement between you and us and supersedes all prior agreements between you and us regarding the subject matter contained herein.