Terms and Conditions
FG makes no representation that the web site is appropriate or available in other locations other than where it is operated by FG. The information provided on the web site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject FG to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the web site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) are not permitted to register for the web site or use the FG Services.
YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE WEB SITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT CHURCH MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE CHURCH SERVICES OR THE WEB SITE.
FG bills you through an online billing account for purchases of products and/or services. You agree to pay FG all charges at the prices then in effect for the products you or other persons using your billing account may purchase, and you authorize FG to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. If you have ordered a product or service that is subject to recurring charges then you consent to our charging your payment method on a recurring basis, without requiring your prior approval from you for each recurring charge until such time as you cancel the applicable product or service. FG reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by FG. FG may change prices at any time. All payments shall be in U.S. dollars.
Regarding Your Registration
By using the FG Services, you represent and warrant that:
- all registration information you submit is truthful and accurate;
- you will maintain the accuracy of such information;
- you will keep your password confidential and will be responsible for all use of your password and account;
- you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use this web site; and
- your use of the FG Services does not violate any applicable law or regulation.
You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the web site’s registration form and (b) maintain and promptly update registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or FG has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FG has the right to suspend or terminate your account and refuse any and all current or future use of the web site (or any portion thereof).
We reserve the right to remove or reclaim or change a user name you select if we determine appropriate in our discretion, such as when the user name is obscene or otherwise objectionable or when a trademark owner complains about a username that does not closely relate to a user's actual name.
Regarding Content You Provide
The web site may invite you to chat or participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to FG and/or to or via the web site, including, without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively "Contributions"). Any Contributions you transmit to FG will be treated as non-confidential and non-proprietary. When you create or make available a Contribution, you thereby represent and warrant that:
- the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party;
- you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize FG and the web site users to use your Contributions as necessary to exercise the licenses granted by you under this Agreement;
- you have the written consent, release, and/or permission of each and every identifiable individual person in the Contribution to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Contribution in the manner contemplated by this web site;
- your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable (as determined by FG), libelous or slanderous, does not ridicule, mock, disparage, intimidate or abuse anyone, does not advocate the violent overthrow of any government, does not incite, encourage or threaten physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
- your Contribution does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or well-being of minors;
- your Contribution does not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
- your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation.
By posting Contributions to any part of the web site, or making them accessible to the web site by linking your account to any of your social network accounts, you automatically grant, and you represent and warrant that you have the right to grant, to FG an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. Such use and distribution license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, FG name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, personal and commercial images you provide. FG does not assert any ownership over your Contributions; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions.
FG has the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations or (iii) pre-screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of this Agreement.
By uploading your Contributions to the web site, you hereby authorize FG to grant to each end user a personal, limited, non-transferable, perpetual, non-exclusive, royalty-free, fully-paid license to access, download, print and otherwise use your Contributions for their internal purposes and not for distribution, transfer, sale or commercial exploitation of any kind.
MOBILE APPLICATION LICENSE
If you are accessing the FG Services via a mobile application, then FG grants you a revocable, non-exclusive, non-transferable, limited right to install and use the application on wireless handsets owned and controlled by you, and to access and use the application on such devices strictly in accordance with the terms and conditions of this license. You shall use the application strictly in accordance with the terms of this license and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the application; (c) violate any applicable laws, rules or regulations in connection with your access or use of the application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of FG or its affiliates, partners, suppliers or the licensors of the application; (e) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (g) use the application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (h) use the application to send automated queries to any web site or to send any unsolicited commercial e-mail; or (i) use any proprietary information or interfaces of FG or other intellectual property of FG in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the application.
Terms Applicable to Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play to access the FG Services. You acknowledge that this Agreement is concluded between you and FG only, and not with Apple Inc. or Google, Inc. (each an “App Distributor”), and FG, not an App Distributor, is solely responsible for the FG application and the content thereof. (1) SCOPE OF LICENSE: The license granted to you for the FG application is limited to a non-transferable license to use the FG application 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. (2) MAINTENANCE AND SUPPORT: FG is solely responsible for providing any maintenance and support services with respect to the FG application, as specified in this Agreement, or as required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the FG application. (3) WARRANTY: FG is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the FG application 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 FG application, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the FG application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be FG’s sole responsibility. (4) PRODUCT CLAIMS: You acknowledge that FG, not an App Distributor, is responsible for addressing any claims of yours or any third party relating to the FG application or your possession and/or use of the FG application, including, but not limited to: (i) product liability claims; (ii) any claim that the FG application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. (5) INTELLECTUAL PROPERTY RIGHTS: You acknowledge that, in the event of any third party claim that the FG application or your possession and use of the FG application infringes a third party’s intellectual property rights, the App Distributor will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. (6) LEGAL COMPLIANCE: You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties. (7) THIRD PARTY TERMS OF AGREEMENT: You must comply with applicable third party terms of agreement when using the FG application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the FG application. (8) THIRD PARTY BENEFICIARY: FG and you acknowledge and agree that the App Distributors, and their subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, each App Distributor will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
As part of the functionality of the web site, you may link your account with online accounts you may have with third party service providers (each such account, a “Third Party Account”) by either: (i) providing your Third Party Account login information through the web site; or (ii) allowing FG to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to FG and/or grant FG access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating FG to pay any fees or making FG subject to any usage limitations imposed by such third party service providers. By granting FG access to any Third Party Accounts, you understand that (i) FG may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “Social Network Content”) so that it is available on and through the web site via your account, including without limitation any friend lists, and (ii) FG may submit and receive additional information to your Third Party Account to the extent you are notified when you link your account with the Third Party Account. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your account on the web site. Please note that if a Third Party Account or associated service becomes unavailable or FG’s access to such Third Party Account is terminated by the third party service provider, then Social Network Content may no longer be available on and through the web site. You will have the ability to disable the connection between your account on the web site and your Third Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. FG makes no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and FG is not responsible for any Social Network Content. You acknowledge and agree that FG may access your e-mail address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for the purposes of identifying and informing you of those contacts who have also registered to use the web site. At your request made via email to our email address listed below, or through your account settings (if applicable), FG will deactivate the connection between the web site and your Third Party Account and delete any information stored on FG’s servers that was obtained through such Third Party Account, except the username and profile picture that become associated with your account.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the web site or the FG Services ("Submissions") provided by you to FG are non-confidential and FG (as well as any designee of FG) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You may not access or use the web site for any other purpose other than that for which FG makes it available. The web site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by FG. Prohibited activity includes, but is not limited to:
- attempting to bypass any measures of the web site designed to prevent or restrict access to the web site, or any portion of the web site
- attempting to impersonate another user or person or using the username of another user
- criminal or tortious activity
- deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the web site
- deleting the copyright or other proprietary rights notice from any web site content
- engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools
- except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the web site, or using or launching any unauthorized script or other software
- harassing, annoying, intimidating or threatening any FG employees or agents engaged in providing any portion of the FG Services to you
- interfering with, disrupting, or creating an undue burden on the web site or the networks or services connected to the web site
- making any unauthorized use of the FG Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses
- selling or otherwise transferring your profile
- systematic retrieval of data or other content from the web site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from FG
- tricking, defrauding or misleading FG and other users, especially in any attempt to learn sensitive account information such as passwords
- using any information obtained from the web site in order to harass, abuse, or harm another person
- using the web site in a manner inconsistent with any and all applicable laws and regulations
INTELLECTUAL PROPERTY RIGHTS
The content on the web site (“FG Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to FG, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. FG Content, includes, without limitation, all source code, databases, functionality, software, web site designs, audio, video, text, photographs and graphics. All FG graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of FG in the United States and/or other countries. FG's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the FG.
FG Content on the web site is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Provided that you are eligible to use the web site, you are granted a limited license to access and use the web site and the FG Content and to download or print a copy of any portion of the FG Content to which you have properly gained access solely for your personal, non-commercial use. FG reserves all rights not expressly granted to you in and to the web site and FG Content and Marks.
THIRD PARTY WEB SITES AND CONTENT
The web site contains (or you may be sent through the web site or the FG Services) links to other web sites ("Third Party web sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party web sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party web sites accessed through the web site or any Third Party Content posted on, available through or installed from the web site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party web sites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party web site or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the web site and access the Third Party web sites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any web site to which you navigate from the web site or relating to any applications you use or install from the web site. Any purchases you make through Third Party web sites will be through other web sites and from other companies, and FG takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.