Acceptance of these Terms
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.
“Comment” means any data or material (including without limitation copyrightable subject matter, graphics, text, video and audio content, trademarks and service marks) posted by You.
The “Platform” shall mean the web-based learning experience and the tools, functionality and services offered through the same accessible at reach-out.org.
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 JFYM 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 JFYM Online Platform
Subject to the terms and conditions herein and Reach Out Ministries agreeing to allow you to become a registered user of the Platform, ROYS grants You a non-exclusive, non-transferable, terminable, limited license to use the Platform in accordance with these Terms. ROYS reserves the right to terminate your license to use the Platform at any time and for any reason. ROYS 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, ROYS reserves the right to terminate and revoke all or some of the rights granted hereunder temporarily and permanently in the event that ROYS 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 ROYS’ message or threatens harm to ROYS’ reputation or goodwill or the reputation or goodwill of its Partners or ROYS’ relationship with any Partner.
Permitted and Unpermitted Use
These Terms allow you to use the Platform in accordance with these Terms. All rights not expressly granted to you are reserved by ROYS.
The following requirements must be met when using the Platform:
· You must lawfully represent yourself and provide accurate information to us when creating an account. The Platform may only be used to create a JFYMO learning experience 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 comment that You post, including all laws and regulations applicable to such Comment and to ensure that such Comment is compliant with these Terms.
· You are responsible for maintaining the security of Your account and password.
· You are responsible for all activity occurring on your account, including comments posted by You and activity that occurs under Your account or while using the Platform.
· 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.
· 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 Reach Out;
· to engage in any other conduct which, as determined by us, may harm Reach Out or other users of the Platform or expose them to liability;
· in any manner that could disable, overburden, damage, or impair the JFYMO 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.
· 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 Reach Out 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 Reach Out or any other person or entity, if this is not the case.
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. We are not liable for content that is posted.
However, we do not undertake to review User Comments or any other material before it is posted on 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 Comments must comply with these Terms. By providing any User Comment on the JFYM 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 JFYM 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 JFYM Online Platform.
If you choose, or are provided with, a username, password, or similar information as part of our security procedures, you agree to treat such information confidential, and agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms.
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 Comment 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 Reach Out;
· 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 the JFYM Online Platform. YOU AGREE TO DEFEND AND INDEMNIFY REACH OUT FOR ANY CLAIMS ARISING FROM OUR DISCLOSURE OF INFORMATION TO COOPERATE WITH LAW ENFORCEMENT. YOU WAIVE AND HOLD HARMLESS ROYS 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 EITHER ROYS OR LAW ENFORCEMENT AUTHORITIES.
Your Reliance on Information and Translations
The information presented on or through the JFYM Online Platform is made available solely for general information purposes. We do not warrant the completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. In addition, although the JFYM 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 by anyone who may be informed of any of its contents.
Intellectual Property Rights
The Platform and its contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement of the same), are owned by Reach Out, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Logos and Designs
The JFYM Online Platform name, Reach Out name and logo, all related names, logos, product and service names, designs and slogans are trademarks and/or copyright of Reach Out Ministries. You must not use these marks and copyright without the prior written permission of Reach Out Ministries.
Intellectual Property Infringement
If You receive any notice of alleged unlawful activity or infringement of intellectual property rights or any other violation of applicable laws, including notice under DMCA notice provisions, based on Your comment You shall immediately remove the content or
take other appropriate action in response to the complaint or notice. The DMCA (Digital Millennium Copyright Act) is a copyright law that provides penalties for developing hardware or software that overrides copy protection schemes for digital media.
Reach Out Ministries is based in the state of Texas in the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
Limitation on Liability
IN NO EVENT SHALL REACH OUT MINISTRIES, 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 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.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless Reach Out, 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, 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 Texas 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 Texas in each case located in Flower Mound, Denton 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
Reach Out 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.
Your Comments and Concerns
The Platform is operated by Reach Out Ministries, Inc., a Texas non-profit corporation, located at 700 Parker Square, Suite 220, Flower Mound, TX 75028. All feedback, comments, requests for technical support and other communications relating to JFYM Online Platform should be directed by emailing email@example.com or mailed to the address above. Any feedback you provide to us shall be deemed to be non-confidential. Reach Out shall be free to use such information on an unrestricted basis.