Terms of Service
Updated May 25, 2018
Acceptance of these Terms
The following definitions apply whether or not the terms are capitalized herein.
"You" or "Your" means the administrator setting up Your Account in the App as well as the organization for which that administrator uses the App and all individuals to whom the administrator gives access to Your Account.
“Your Account” means the App account you set up in Church Metrics.
"Content" means any data or material (including without limitation copyrightable subject matter, graphics, text, video and audio content, trademarks and service marks) posted in or through Your Account.
The “App” shall mean the web-based software platform and the tools, functionality and services offered through the same accessible at https://churchmetrics.com/.
“Life.Church,” “us,” or “we” is Life.Church Operations, LLC.
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 App following the posting of revised Terms means that you accept and agree to the changes.
Changes to Church Metrics
While we hope to always offer the App and all of its features, we reserve the right to change or cease offering the App 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 App is unavailable at any time.
Information About You and Your Access of Church Metrics
Subject to the terms and conditions herein, and Life.Church agreeing to allow you to become a registered user of the App, Life.Church grants You a non-exclusive, non-transferable, terminable, limited license to use the the App in accordance with these Terms for the internal and non-commercial use of Your non-profit institution. Life.Church reserves the right to terminate your license to use the App at any time and for any reason. Life.Church further reserves the right, in its sole discretion, to decline to allow anyone the right to use the App.
Permitted and Unpermitted Use
These Terms allow you to use the App in accordance with these Terms for the use of your non-profit organization. All rights not expressly granted to you are reserved by Life.Church.
The following requirements must be met when using the App:
- You must lawfully represent a non-profit organization and provide accurate information to us when attempting to create an account. The App may only be used to track data and statistics 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 or anyone acting on your behalf may post, including all laws and regulations applicable to such Content and to ensure that such Content 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 and activity that occurs under Your Account or while using the App.
- If you allow anyone else, like a staff member or volunteer, to create an account within Your 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 may not upload, post, host or transmit unsolicited email, SMS's or "spam" messages.
- You may not use the App 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 App for any illegal or unauthorized purpose.
You agree you are not permitted and will not use the App 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 Life.Church or another App user;
- to engage in any other conduct which, as determined by us, may harm Life.Church or users of the App or expose them to liability;
- in any manner that could disable, overburden, damage, or impair Church Metrics or interfere with another’s use of the App;
- You may not license, sublicense, sell, transfer, assign, distribute, copy, modify, make derivative works, or reverse engineer any part of the App without express written permission from Life.Church;
- use any robot, spider, or other automatic device, process, or means to access the App for any purpose, including monitoring or copying any of the material or code on the App;
- 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 App or any server, computer, or database connected to the App;
- to attack the App via a denial-of-service attack or a distributed denial-of-service attack;
- and otherwise attempt to interfere with the proper working of the App.
- You also agree that you will not send, knowingly receive, upload, download, use, or re-use any material which, as determined by Life.Church 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 Life.Church or any other person or entity, if this is not the case.
Notwithstanding anything to the contrary herein, Life.Church reserves the right to terminate and revoke all or some of the rights granted hereunder temporarily and permanently in the event that Life.Church believes, in its sole discretion, that your use or intended use of the App or exercise or intended exercise of any rights granted hereunder is or may be inconsistent with Life.Church’s message or threatens harm to Life.Church’s reputation or goodwill.
If you choose, or are provided with, a user name, 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 user name or password or any other breach of security. We have the right to disable any user name, 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 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 App or Life.Church;
- take appropriate action, including without limitation, referral to law enforcement and disclosure of your information, for any illegal or unauthorized use of the App; and
- terminate or suspend your access to all or part of the App 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 YouVersion. YOU WAIVE AND HOLD HARMLESS LIFE.CHURCH 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 LIFE.CHURCH OR LAW ENFORCEMENT AUTHORITIES.
Your Reliance on Information
The information presented on or through Church Metrics 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. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to Church Metrics, or by anyone who may be informed of any of its contents.
Intellectual Property Rights
The App and its contents, features and functionality (including but not limited to all information, data, software, text, displays, images, video and audio, and the design, selection and arrangement of the same), are owned by Life.Church, 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. You maintain ownership of Your content that is uploaded to your account. You grant Life.Church the limited right to use, reproduce, distribute and otherwise exploit any such Content solely to perform the functions you request through the App with respect to the same.
Logos and Designs
The Church Metrics name, Life.Church name and logo, all related names, logos, product and service names, designs and slogans are trademarks and/or copyright of Life.Church. You must not use these marks and copyright without the prior written permission of Life.Church.
Intellectual Property Infringement
If you believe that any Church Metrics user content infringes your intellectual property rights, including copyright, please send notice of the copyright infringement to firstname.lastname@example.org. Please be aware that it is the policy of Life.Church to terminate the user accounts of repeat infringers.
If You receive any notice of alleged unlawful activity or infringement of third party intellectual property rights or any other violation of applicable laws, including notice under DMCA notice provisions, based on Your content or content posted your account, 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
Third Party Links and Services
The App may include content provided by third parties. If the App contains links to other sites and pop-ups and similar resources provided by third parties, these links and resources are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked from the App, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Life.Church, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Life.Church. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Linking from and to the App and Social Media Features
The App 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 App 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.
Life.Church is based in the state of Oklahoma in the United States. We make no claims that the App or any of its content is accessible or appropriate outside of the United States. Access to the may not be legal by certain persons or in certain countries. If you access the App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Recognizing the global nature of the Internet, You agree to comply with all applicable laws regarding your use of the App and your End-users, including laws pertaining to personal information enacted in the country in which You reside.
Disclaimer of Warranties
Life.Church provides the App at no cost to you. Accordingly, YOUR USE OF THE APP, ITS CONTENT AND ANY FUNCTIONALITY, SERVICES OR ITEMS OBTAINED THROUGH APPIS AT YOUR SOLE RISK, ALL OF WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER LIFE.CHURCH NOR ANY PERSON ASSOCIATED WITH LIFE.CHURCH MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, LEGALITY OR AVAILABILITY OF THE APP. WITHOUT LIMITING THE FOREGOING, NEITHER LIFE.CHURCH NOR ANYONE ASSOCIATED WITH LIFE.CHURCH REPRESENTS OR WARRANTS THAT THE APP OR ANY FUNCTIONALITY, CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE APP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH CHURCH ONLINE APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
LIFE.CHURCH HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND LIABILITY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, CONCERNING COMPLIANCE WITH LEGAL REQUIREMENTS APPLICABLE TO YOU OR YOUR END-USERS, NOR DOES LIFE.CHURCH IN ANY WAY PROVIDING YOU WITH LEGAL ADVICE, GUIDANCE OR ADVICE. LIFE.CHURCH HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL LIFE.CHURCH, 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 APP, ANY WEBSITES LINKED TO IT, ANY CONTENT OFFERED ON OR THROUGH THE APP OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP, 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 APP.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless Life.Church, 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 App, including, but not limited to, your users claims from End-users related to your account or their use thereof, any use of App content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the App.
Governing Law and Jurisdiction
All matters, disputes or claims relating to the App 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 App 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 App, 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
Life.Church 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 App is operated by Life.Church Operations LLC., an Oklahoma non-profit corporation, located at 4600 E. 2nd St., Edmond, Oklahoma 73034. All feedback, comments, requests for technical support and other communications relating to Church Metrics should be directed by emailing email@example.com or through the website churchmetrics.com or mailed to the address above. Any feedback you provide to us shall be deemed to be non-confidential. Life.Church shall be free to use such information on an unrestricted basis.