ACCEPTANCE OF TERMS
IMPORTANT -- READ CAREFULLY: BY CREATING AN ACCOUNT OR BY UTILIZING THE iPRAY SERVICE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Welcome to the iPray service, website or mobile application (collectively, the "Service" or “iPray”).
INTRODUCTION: This introduction is like Cliffnotes for everything on this page (you still are responsible for every word on this page : ) Our core hope with this app and your agreement in how you use it, is that you will follow the golden rule, employ common sense, and maintain a sense of grace for us and others.
Golden Rule – don’t steal stuff from us or others, because you don’t like people doing that to you, etc.. Even with the best security policy and technology, there is no software that is ironclad. Even as private as iPray is, especially with prayers you share, ask yourself if you would be ok if the prayer you are sharing on iPray ended up on the cover of the New York Times. We can’t prevent people from taking screenshots and sharing your prayer in places where they shouldn’t. Common sense says share prayers with only people who have already stood by you when others haven’t, people who have firmly kept private information private. This is common sense. Finally, even with common sense, even with people you trust most, we all will make mistakes. All of us might share information we thought was ok in the moment that later we regret. The iPray app may blow-up and you may lose all your prayers, iPray could get hacked (that would be royally bad), etc. This is where the sense of grace comes into play. Work to give yourself, others, and even iPray grace as your first response. Think ahead to things that might happen with your use of this app, and how you will respond. Again, preventive action and thinking works best before the problem occurs. Also, grace has no weight, if you don’t also share the truth for what you are giving grace for. Most of us that are secure with ourselves, appreciate tough truths and always appreciate a new perspective on truth we have missed. Of course truth must be shared respectfully and as an equally flawed human before God.
ALL THE TRULY OFFICIAL LEGAL STUFF STARTS HERE sorry ....
DESCRIPTION OF SERVICE
The Service includes, and is limited to, a service, web site, or mobile application that allows You access to and use of a single iPray Account. "iPray" referred to herein means a mobile application that helps people share prayer requests, prayer updates prayer guides by friends, groups of friends, and faith based organizations. The Service may contain information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Service (collectively, “Content”). Subject to these Terms of Service, iPray grants to You and each user of the Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Service. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Service is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right. For the purposes of these Terms of Service, “Content” also includes all User Content (as defined below).
An "iPray Account" or "Account" referred to herein means a service, web site, or mobile application, provided by iPray, where You may use iPray to create, update, share, and publish information, data, text, messages or other materials ("User Content").
Without limiting the foregoing, the Service is not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation but not limited to operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, life support or weapon systems.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Agreement. In order to use the Service, You must obtain access to the World Wide Web (to include any App store like Google Play), either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, You must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You also understand and agree that the service may include certain communications from iPray, such as service announcements, administrative messages, etc., and that these communications are considered part of the Service and You will not be able to opt out of receiving them. You agree not to access the Service by any means other than through the interfaces that are provided by iPray for use in accessing the Service. iPray will provide the Service in accordance with this Agreement. iPray may at its sole discretion modify the features of the Service from time to time without prior notice.
In order to use the Service, You must have a valid Account. To acquire an Account for the Service, You must provide iPray with an electronic mail address and other information ("Registration Data"). You are responsible for maintaining the confidentiality of the access data for Your Account, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify iPray of any unauthorized use of Your Account or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. iPray cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. In consideration of use of the Service, You agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by the Service's registration form, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. iPray assumes no duty to verify such information as further detailed in the CONTENT OF THE SERVICE section of these Terms of Service. If You provide any information that is untrue, inaccurate, not current or incomplete, or iPray has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, iPray has the right to suspend or terminate Your Account and refuse any and all current or future use of the Service (or any portion thereof). By using the Service (and registering an Account on the Service), You represent and warrant that You are at least 13 years of age, and no one under the age of 13 may use the Service - except as set forth below under "Kids Under 13 and iPray". iPray may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Service or use of the Service is prohibited or to the extent offering, sale or provision of the Service conflicts with any applicable law, rule or regulation.
KIDS UNDER 13 AND iPRAY
If you are registering a domain name in association with your use of iPray, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
All users of iPray are expected but not required to contribute financially “VFC Voluntary Financial Contributor” for their use of iPray . If iPray cannot financially support the maintenance and growth of the “Service” with VFC and other revenue funds, iPray reserves the right to charge a fee “Paid Plan” for the use of the app in the future. If this occurs, iPray will try to communicate with You by electronic mail and other communication media of this requirement.
Also, additional groupings of features may be added to the Service and made available to You as a paid upgrade ("Paid Plan"). If You choose to subscribe to be a VFC or a Paid Plan, You shall pay fees (described below) to iPray. Upon selection of a Paid Plan, You will provide iPray with the necessary billing information ("Billing Data").
Credit cards are the only payment mechanism iPray will accept for payment of a monthly or yearly subscription fee ("Subscription Fee") for a Paid Plan. All currency references are in U.S. dollars. VFC and Paid Plans can be paid as either a monthly Subscription Fee or a yearly Subscription Fee. iPray reserves the right to change these options at any time and without notice.
If you select to be a VFC and / or select a Paid Plan, You must provide current, complete and accurate Billing Data. You must promptly update all Billing Data to keep Your Account current, complete and accurate (such as a change in billing address, credit card number or credit card expiration date) and You must promptly notify iPray if Your Payment Method is changed (for example, for loss or theft) or if You become aware of a potential breach of security, such as the unauthorized disclosure or use of Your name or password. If You fail to provide any of the foregoing information, You agree that iPray may continue charging You as a VFC and / or for any use of the Paid Plan under your Billing Data unless You have terminated your VFC and / or Your Paid Plan as set forth herein.
If You select the Monthly Fee, the credit card that You provide as part of the Billing Data will be automatically and immediately billed and then on or about the same day in each subsequent Month indefinitely until the subscription is cancelled. You agree that iPray may charge Your credit card all amounts due and owing for Your Account on that monthly basis until You have cancellation your subscription (see "Termination, Breach, Suspension and Cancellation" and "Refund"). If You select the Yearly Fee, the credit card that You provide as part of the Billing Data will be automatically and immediately billed on the day You sign up. You agree that iPray may charge to Your credit card all amounts due and owing for Your Account on that yearly basis unless you cancel the account (see the "Termination, Breach, Suspension and Cancellation" and "Refund" sections of these Terms of Service). iPray may or may not contact You via electronic mail to alert You upon each charge. iPray may change prices at any time without prior notice, but will endeavor to provide reasonable advance notice via the iPray website and/or electronic mail. You agree that in the event iPray is unable to collect the fees owed to iPray for Your Account through Your Subscription Fee, iPray may take any other steps it deems necessary to collect such fees from You and that You will be responsible for all costs and expenses incurred by iPray in connection with such collection activity, including collection fees, court costs and attorneys' fees (obviously this does not apply to VFCs).
As long as Your Account remains active and in good standing, You will be charged the Subscription Fee even if You never use the service. You may, however, cancel Your VFC or Paid Plan at any time.
TERMINATION, BREACH, SUSPENSION AND CANCELLATION
If it is brought to our attention that your prayers or profile promote physical violence toward any human being we reserve the right to delete your group and block your membership without contact or notice.
If Your Subscription Fee payment is overdue, iPray will disable Your access to the features provided by the Paid Plan. iPray may, at its sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate Your Account. In the event of suspension or termination, Your account will be disabled and You may not be granted access to Your Account or any files or other Content (including Your User Content) contained in Your Account, and iPray may delete Your User Content, although residual copies of information may remain in our system for some time for back-up purposes. In the event of termination, iPray may also withdraw and at its discretion reallocate the public web address of Your Account (if applicable to You).
If You terminate Your Account, via means provided for cancellation on the iPray website (to include the app), or via telephone call or electronic mail to iPray, and You explicitly request that iPray delete Your User Content and files contained in Your Account, iPray will make all reasonable efforts to do so (unless there is a legal reason we can’t).
iPray provides no refunds for any payments made to iPray.
PROPRIETARY/INTELLECTUAL PROPERTY RIGHTS
iPray and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Service and in all trade names, trademarks and service marks associated or displayed with the Service. You will not remove, deface or obscure any of iPray's or its suppliers' copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Service. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any software associated with the Service.
2015 © Copyright iPray, iPray.me , iPray®
2012 © Copyright G-Force Accelerat ed Marketing Inc.
You acknowledge that the Service, or portion thereof may be subject to the export control laws of the United States. You will not export, re-export, divert, transfer or disclose any portion of the Service or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.
You acknowledge that any use of the Service contrary to this Agreement, or any transfer, sublicensing, copying or disclosure of technical information or materials related to the Service, may cause irreparable injury to iPray, its affiliates, suppliers and any other party authorized by iPray to resell, distribute, or promote the Service ("Resellers"), and under such circumstances iPray, its affiliates, suppliers and Resellers will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.
iPray does not claim ownership over any User Content submitted on or through the Service. Your User Content belongs to You. However, by uploading any User Content to the Service, You agree that iPray may store and display (only to You, to the extent that You make such User Content private) Your User Content solely as necessary in connection with the Service. To the extent You choose to share any of Your User Content with other users of the Service, You agree to allow these users (i.e., only the users you specify) to view Your User Content and, to the extent applicable, collaborate with You and Your User Content.
You understand that all User Content is the sole responsibility of the person from which such User Content originated. This means that You, and not iPray, are entirely responsible for all User Content that You upload, post, transmit or otherwise make available via Your Account. iPray does not control the User Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such User Content. You understand that iPray will not be held responsible for any User Content, religious, offensive, or otherwise. By operating the website or mobile app, iPray does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful.
You understand that by using the Service, You may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will iPray be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that iPray does not pre-screen User Content, but that iPray and its designees shall have the right (but not the obligation) in their sole discretion to refuse, modify or move any Content that is available via the Service. Without limiting the foregoing, iPray and its designees shall have the right to remove any User Content that violates the Agreement or is otherwise objectionable. You agree that You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, You acknowledge that You may not reasonably rely on any Content created by iPray or submitted to iPray. You acknowledge and agree that iPray may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce the Agreement;
(c) respond to claims that any Content violates the rights of third-parties; or
(d) protect the rights, property, or personal safety of iPray, its users and the public.
If iPray discloses User Content to comply with legal process or respond to claims that any User Content violates the rights of third-parties, to the extent permitted by law, regulation or legal process, iPray agrees to provide You with prompt notice of any such legal or governmental demand and reasonably cooperate with You in any effort to seek a protective order or otherwise to contest such required disclosure.
You understand that the technical processing and transmission of the Service, including Your User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Should User Content be found or reported to be in violation with, but not limited to, the following terms, it will be in iPray's sole discretion as to what action should be taken. You agree that You will not:
(a) upload, post, transmit or otherwise make available any
User Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, an iPray official, forum leader, guide or host, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Service;
(e) upload, post or otherwise transmit any User Content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
(g) upload, post, or transmit unsolicited commercial email or "spam". This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", including but not limited to (a) sending mass email to recipients who haven't requested email from You or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting Your site by posting multiple submissions in public forums that are identical;
(h) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(j) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
(k) "stalk" or otherwise harass another;
(l) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices.
(m) offer for sale or sell any item, good or service that (i) violates any applicable federal, state, or local law or regulation, (ii) that You do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (iii) iPray determines, in its sole discretion, is inappropriate for sale through the Service provided by iPray;
Direct marketing or selling of 3rd party goods or services by any form is strongly discouraged within iPray. You accept and understand that especially with organizations or groups within the iPray Prayer Feed functionality, you may be indirectly solicited by their invitation to visit their supporting websites, blogs, and other media sites that may include direct sales offers.
(n) use the Account website as a redirecting/forwarding service to another website;
(o) exceed the scope of the Service that You have signed up for; for example, accessing and using the tools that You do not have a right to use, or having humans share User logins, or deleting, adding to, or otherwise changing other people's comments or User Content as an Account holder. If any user is reported to be in violation with the letter or spirit of these terms, iPray retains the right to terminate such account at any time without further warning.
Apple Device and Application Terms. If you are accessing the Service via an application on a device provided by Apple, Inc. (“Apple”) or an application obtained through the Apple App Store (each an “Application”), the following shall apply:
Both You and iPray acknowledge that these Terms of Service are concluded between you and iPray only, and not with Apple, and that Apple is not responsible for the Application or the Content;
The Application is licensed to You on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Service for Your private, personal, non-commercial use, subject to all the terms and conditions of these Terms of Service as they are applicable to the Service;
You will only use the Application in connection with an Apple device that You own or control;
You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, You may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to You will be to refund to you the purchase price, if any, of the Application;
You acknowledge and agree that iPray, and not Apple, is responsible for addressing any claims You or any third party may have in relation to the Application;
You acknowledge and agree that, in the event of any third party claim that the Application or Your possession and use of the Application infringes that third party’s intellectual property rights, iPray, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
You represent and warrant that You are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that You are not listed on any U.S. Government list of prohibited or restricted parties;
Both You and iPray acknowledge and agree that, in Your use of the Application, You will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
Both You and iPray acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms of Service, and that upon Your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against You as the third party beneficiary hereof.
Apple, the Apple logo, iPhone and iPad are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc. Google Play is a trademark of Google Inc.
In-App Purchases. Through the Application, You may purchase (“In App Purchase”) keys or other goods or services (collectively, “Goods”). To the extent You purchase Goods through the Apple iTunes service, you are agreeing to Apple’s iTunes’ Terms and Conditions (http://www.apple.com/legal/itunes/us/terms.html).
GENERAL PRACTICES REGARDING USE AND STORAGE.
You agree that iPray has no responsibility or liability for the deletion of, or the failure to store or to transmit, any User Content and other communications maintained by the Service. You acknowledge that iPray may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time. iPray retains the right to create limits on use and storage at our sole discretion at any time with or without notice. You acknowledge that we reserve the right to log off users who are inactive for an extended period of time.
You agree that You will not:
(a) upload, post, email, or otherwise transmit any computer routines, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Any “hacking” effort discovered by our monitoring systems will be prosecuted to the fullest extent of the law possible.
(c) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or
(d) copy, reproduce, alter, modify, or publicly display any information displayed on the Service (except for Your User Content), or create derivative works from our website (other than from Your User Content), to the extent that such action(s) would constitute copyright infringement or otherwise violate the intellectual property rights of iPray or any other third party, except with the prior written consent of iPray or the appropriate third party.
INFORMATION ABOUT OTHERS
We may collect and use Personal Information about other people that you provide to us, such as their name and email address. For example, if you provide Personal Information of others (friends, relatives, colleagues, etc.) in a prayer request you create, we may use and store it in connection with our operation of the Service. If you forward an invite to a friend via email or text, we may use and store your friend’s email address, phone or other similar personal identifying information, to send the invite information to him/her. By submitting Personal Information about others, you represent and warrant that you are authorized to do so, and that you have obtained that person’s consent to share the information with us and the public at large.
CONTENT OF THE SERVICE.
iPray takes no responsibility for any third-party Content or User Content (including, without limitation, any viruses or other disabling features), nor does iPray have any obligation to monitor such third-party Content. iPray reserves the right at all times to remove or refuse to distribute any Content on the Service, such as Content which violates these Terms of Service. iPray also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms of Service, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of iPray, its users and the public. iPray will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
If iPray discloses such information to satisfy any applicable law, regulation, legal process or governmental request or to respond to user support requests, to the extent permitted by law, regulation or legal process, iPray agrees to provide You with prompt notice of any such demand and reasonably cooperate with You in any effort to seek a protective order or otherwise to contest such required disclosure.
Some links on this Service may let you leave iPray’s Service. The linked sites are not under the control of iPray and iPray is not responsible for the contents of the linked Site, any linked Site contained in a link Site, or any changes or updates to such sites. iPray provides links to you only as a convenience, and the inclusion of any link does not imply endorsement by iPray of the Site. You understand further that the Internet contains unedited materials some of which are sexually explicit or may be offensive to you. You access such materials at your risk. iPray has no control over and accepts no responsibility whatsoever for such materials.
Recognizing the global nature of the Internet, You agree to comply with all local rules regarding online conduct and acceptable User Content. Specifically, You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside.
NO RESALE OF THE SERVICE
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 without the express permission by iPray.
YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that (a) all of the information provided by You to iPray to participate in the Service is correct and current; and (b) You have all necessary right, power and authority to enter into these Terms of Service and to perform the acts required of You hereunder.
NO WARRANTIES OR REPRESENTATIONS BY IPRAY
You understand and agree that the Service is provided "as is" and iPray, its affiliates, suppliers and Resellers expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, non-infringement or bailment of your data on iPray's servers. iPray, its affiliates, suppliers and Resellers make no warranty or representation regarding the results that may be obtained from the use of the Service, the security of the Service, or that the Service will meet any user's requirements. Use of the Service is at Your sole risk. You will be solely responsible for any damage to You resulting from the use of the Service. The entire risk arising out of use, security or performance of the Service remains with You. No oral or written information or advice given by iPray or its authorized representatives shall create a warranty or in any way increase the scope of iPray's obligations. Without limiting the foregoing, the Service is not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems. Without limiting the generality of the foregoing, iPray, its affiliates, suppliers and Resellers specifically disclaim any express or implied warranty of fitness for such purposes.
You agree to indemnify, defend and hold harmless iPray, its affiliates, officers, directors, employees, consultants, agents, suppliers and Resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees as and when incurred) arising from Your use of the Service, Your use of Your Account, Your violation of these Terms of Service or the infringement or violation by You or any other User of Your Account, of any intellectual property relating to the Service (including without limitation Your User Content) or other right of any person or entity.
MODIFICATIONS TO SERVICE
iPray reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that iPray shall not be liable to You or to any third party for any modification, suspension, termination or discontinuance of the Service.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between You and iPray Software is intended or created by these Terms of Service.
LIMITATION OF LIABILITY
In no event will iPray or its affiliates, suppliers or Resellers be liable for any special, incidental, indirect, exemplary or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss or damage) arising out of the use of or inability to use the Service, or the provision of or failure to provide technical or other support service, whether arising in tort (including negligence) contract or any other legal theory, even if iPray, its affiliates, suppliers or Resellers have been advised of the possibility of such damages. In any case, iPray's, its affiliates', suppliers' and Resellers' maximum cumulative liability and Your exclusive remedy for any claims arising out of or related to this Agreement will be limited to the amount actually paid by You for the Service (if any) in the previous twelve (12) months.
WAIVER AND SEVERABILITY
Failure by either party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect.
STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of iPray services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
CHOICE OF LAW AND FORUM
This Agreement shall be governed by and construed under the laws of the State of Texas, USA, as applied to agreements entered into and to be performed in Texas by Texas residents. The parties consent to the exclusive jurisdiction and venue of the courts located in and serving in Franklin County, in the State of Texas, USA.
ENTIRE AGREEMENT/GENERAL PROVISIONS
This Agreement embodies the entire understanding and agreement between the parties respecting the subject matter of this Agreement and supersedes any and all prior understandings and agreements between the parties respecting such subject matter. iPray may change the terms of this Agreement at any time by posting modified terms on its website. This Agreement has been prepared in the English Language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes. Any and all rights and remedies of iPray upon Your breach or other default under this Agreement will be deemed cumulative and not exclusive of any other right or remedy conferred by this Agreement or by law or equity on iPray, and the exercise of any one remedy will not preclude the exercise of any other. The captions and headings appearing in this Agreement are for reference only and will not be considered in construing this Agreement. Notices to You may be made via either email or regular mail. The Service may also provide notices of changes to the Agreement or other matters by displaying notices or links to notices to You generally on the Service. All notices or other correspondence to iPray under this Agreement must be sent to the following electronic mail address for such purpose: email@example.com
Or the following physical address:
G-Force Accelerated Marketing Inc.
6310 Old Pacific Hwy South,
Kalama, WA 98625
iPRAY is a Service of G-Force Accelerated Marketing Inc.
iPray is a service offering created and maintained by G-Force Accelerated Marketing Inc. G-Force Accelerated Marketing Inc. is a for profit company. While the iPray service is philanthropic in nature, G-Force Accelerated Marketing Inc., is under no obligation to disclose the financial performance or use of funds related to the iPray service. Accepting this Agreement with iPray is accepting this agreement with G-Force Accelerated Marketing Inc..
WHO WE ARE AND WHAT THIS IS
G-Force Accelerated Marketing Inc. is the producer and owner of iPray (collectively referred to here as the/our "Software" or the/our "Services"), as referred to herein means a mobile application that helps people pray, share prayer requests, share prayer updates, and share prayer guides with friends and groups of friends through prayer feeds and reminders.
We take the private nature of your personal information very seriously, and are committed to protecting it. To do that, we've set up procedures to ensure that your information is handled responsibly and in accordance with applicable data protection and privacy laws.
PRIVACY SHIELD AND US-SWISS SAFE HARBOR OVERVIEW
For more information about the EU-U.S. Privacy Shield Framework, visit the U.S. Department of Commerce's Privacy Shield website at https://www.commerce.gov/privacyshield.
iPray also seeks to comply with the US-Swiss Safe Harbor Framework developed by the U.S. Department of Commerce in consultation with the Federal Data Protection and Information Commissioner of Switzerland and seeks to be certified with the Safe Harbor Privacy Principles. More information about the principles that make up the Framework, as well as other frequently asked questions relating to Safe Harbor, can be found at: http://www.export.gov/safeharbor.
TYPES OF INFORMATION
"Personal information" is any information that we could use to identify an individual. It does not include personal information that is encoded or anonymized, or publicly available information that has not been combined with non-public information.
"Sensitive personal information" is information that meets the "personal information" criteria and also a.) reveals race, ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, or b.) concerns health or sex life, information about Social Security benefits, or information on criminal or administrative proceedings other than in the context of pending legal proceedings.
HOW WE COLLECT INFORMATION
We collect information two ways: Information we get from your use of our Services, and information you provide to us directly.
Information we get from your use of the Services is primarily non-personally-identifying information of the sort that web browsers, servers, and services like Google Analytics*, Quantcast and Hubspot typically make available, such as the browser type, language preference, referring site, and the time of each visit. Other non-identifying information that we might have access to includes how you use the Service (e.g. search queries), your approximate location, cookies, etc.
We collect this non-personally-identifying information in order to better understand how visitors use the Services and, where possible, to improve their experience. For instance, we log the time it takes to run database queries so that we can improve performance. In some cases, we may publicly display information that is not personally identifying in the aggregate, (e.g., by publishing a report on trends in the usage of our Services) or may provide the aggregate data to third parties.
When you use the Services, we also collect potentially personally identifying information in the form of Internet Protocol (IP) addresses, the Uniform Resource Locator (URL) accessed (which may reference the name of a board, card, username, or team), and the unique identification number associated with the account. We don't use that information to identify you, with one exception: we may discover, by reviewing log files, that a particular account is using the Services in a way that is degrading the experience for all the Services’ users. If this is discovered, we may look up personally identifiable information associated with that account in order to contact the account owner. We handle and disclose this information in the same way we handle other potentially personally identifying information as described below.
Information you provide to us directly. Certain visitors to our Services choose to interact with them in ways that may require them to provide us with personally identifying information. The amount and type of information that is provided depends on the nature of the interaction. For example, we ask visitors who sign up for our Services to provide a real name, username, phone number, and email address. Organizations and individuals who engage in financial transactions to purchase paid services are asked to provide additional information, such as the personal and financial information required to process those transactions. In each case, we only collect as much information as is necessary or appropriate given the type of interaction. We do not disclose personally identifying information other than as described below. And you can always refuse to supply personally identifying information, with the caveat that it may prevent you from engaging in certain activities.
If you send us a request, such as emailing us for support, we reserve the right to publish it (absent any personally identifying information) in order to help us clarify or respond to your request or help other users.
We may share non-personal information we collect, without restriction. For example, we may share it with third parties to develop and deliver generally targeted advertising on the Service and on websites of third parties, and to analyze and report on advertising you see. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated, non-personal information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis.
In the process of supporting our Services, we may discover personally identifiable information associated with your account. Personally identifiable information may be discovered during the support process without your consent including but not limited to your email address, other phone numbers, the names of organizations to which you belong, etc.. If we are made aware, we will make reasonable efforts to share with you when we discover and retain information without your knowledgeable.
In the process of supporting our Services, we may need to investigate the data within your account, including data you have entered into private groups or feeds, etc. If this occurs, we will always try to request your explicit permission before looking at the data in your account, but we cannot and will not guarantee this will occur.
We may share your Personal Information, which may include your name and contact information (including email address) with third parties that perform certain services on our behalf. These services may include providing customer service and marketing assistance, performing business and sales analysis, supporting the Service functionality, and other features offered through the Service.
If you are outside the United States, you should know that any personally identifiable information you enter into the Services will be transferred out of your country and into the United States, and possibly to other countries. By using the Services, you consent to such transfer and are representing that you have the right to transfer such information outside your country.
We do not collect any personally identifiable information from children under the age of 13. If you believe that a child has provided us with personally identifiable information without the consent of his or her parent or guardian, please contact us at firstname.lastname@example.org. If we become aware that a child under age 13 has provided us with personally identifiable information, we'll delete it.
INFORMATION YOU CHOOSE TO DISPLAY PUBLICLY ON OUR SERVICES
Some users may elect to publicly post personally identifying or sensitive information about themselves in their normal use of our Services. This could occur through use of optional profile fields, in interactions on prayer groups, feeds, etc., or if a previously private interaction is made public. Information like that, which is voluntarily posted in publicly visible parts of our Services (if that ever is possible), is considered to be public, even if it would otherwise be considered to be personally identifying or sensitive. As such, it is not subject to the protocols listed below, because we don't control it; you do. Additionally, voluntarily publicizing such information means that you lose any privacy rights you might normally have with regards to that information. It may also increase your chances of receiving unwanted communications, like spam.
Please also remember that if you choose to provide personally identifiable information using certain public features of the Services, individuals reading such information may use or disclose it to other individuals or entities without our control and without your knowledge, and search engines may index that information. We therefore urge you to think carefully about including any specific information you may deem private in content that you create or information that you submit through our Services.
INFORMATION YOU GIVE TO OTHER PEOPLE
This Policy only applies to information collected by iPray. It does not apply to the practices of companies that we don't own or control, or employees that we don't manage. Information on our Services’ feeds, profiles or groups and these may contain links to third party websites, and any information you provide to those sites will be covered by any privacy policies they may have. Please be sure to read the privacy policies of any third-party sites you visit. It is those sites' responsibility to protect any information you give them, so we can't be held liable for their wrongful use of your personally identifying information, even if you accessed the third party site through iPray.
When you use the Service assume other users of the Service will have access to information you post to the Service including but not limited to, your profile information, your prayer requests, and your membership in prayer groups and communities. Functionally, iPray has been designed to be fully controlled by the individual user. The individual users exclusively picks who they share prayers with, which organizations they allow to share with them prayers, and what groups they want to join.
HOW WE USE INFORMATION WE COLLECT
Notice — Notice will be provided in clear and conspicuous language when you are first asked to provide us with personal information, or as soon as practicable thereafter, and we'll notify you before we use the information for something other than the purpose for which it was originally collected. If anything in this policy seems unclear, please don't hesitate to contact us at email@example.com so we can address your question and possibly clarify this document.
Here are some of the ways we may use personal information you provide us:
To allow you to register for our Services and to administer and process the registration
To communicate with you about our products, services and related issues
To evaluate the quality of our products and services, and to enhance your experience on our web sites
To maintain and administer our web sites and comply with our legal or internal obligations and policies
To transfer information to others as described in this policy or to satisfy our legal, regulatory, compliance, or auditing requirements, including to disclose information to law enforcement authorities upon validly served legal process or a valid judicial instruction (for example, pursuant to a court order)
To charge you any fees and provide you with a receipt or resolve billing issues associated with your account
In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us. We reserve the right, but do not undertake a duty, to notify you of court orders, subpoenas or other legal process if allowed. If you do not want us to respond to legal process compelling us to disclose any information about you, you need to obtain a valid court order from a court of competent jurisdiction.
When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce the Service terms and conditions or other agreements or policies.
In the case of accounts created using business email domains, to provide your contact information to an administrator of the business email domain to facilitate the provision of additional products and/or services (This might apply when You have selected an organization you trust to share prayer requests, guides, advertising, or other services to you in iPray).
Choice — Choice is all about making sure you have the ability to control how we share your personal information with others. We never share any of your personal information with non-agent third parties.
We won't share your personal information with non-agent third parties unless we are required to do so by law, or if we believe in good faith that disclosure is reasonably necessary to protect our property, rights or those of third parties or the public at large. It is possible that we may, on occasion, buy or sell assets from or to other companies. If that should occur, user information is typically one of the assets that gets transferred. Similarly, if iPray or most of its assets were acquired, or in the unlikely event that we go out of business or enter bankruptcy, user information could be transferred or acquired. You should be aware that such events can occur, and that if it does, the buyer may continue to use your personal and non-personal information, but only as set forth in this policy. Other than in these rare circumstances, iPray will not rent or sell potentially personally identifying information to anyone.
We may from time to time request some of your financial information for the purposes of completing transactions you have initiated through the Services, enrolling you in discount, rebate, and other programs in which you elect to participate, protecting against or identify possible fraudulent transactions, and otherwise as needed to manage our business.
If you are a registered user of our Services and have supplied your email address, or phone number, we may occasionally send you communications to tell you about new features, solicit your feedback, or just keep you up to date with what's going on with the Services. We generally use our Services to communicate this type of information, so we expect to keep this type of communication to a minimum. If we do send you information that you did not expressly request, we will provide you with a way to request that you don't get any similar notices (opt-out, unsubscribe, etc.).
Onward Transfer — Prior to providing agents with any personal information, we will obtain assurances that they will safeguard it in accordance with this policy. Examples of assurances that may be provided include:
A commitment that they will handle the information in accordance with this policy, or will provide the same level of protection, as required by the Privacy Shield Principles, subject to EU Directive 95/46/EC ("the EU Data Protection Directive");
Privacy Shield certification by the agent, or being subject to another European Commission adequacy finding.
In the unlikely event that we should discover that an agent is using personal information in a way that conflicts with this policy, we will take all reasonable steps to stop it immediately.
Security — All records containing personal or financial information are considered to be our property and are afforded confidential treatment at all times. We work hard to protect against the unauthorized access, use, alteration or destruction of personal or financial information. All such electronic information is stored on restricted database servers, and is generally kept until such time as you may ask us to edit or delete it, as described below. We only disclose such information to our employees, contractors or affiliates that a) need to know that information in order to process it for us or to provide other services, and b) have agreed not to disclose it to others.
Interactions with our Services intend to use or now use the Transport Layer Security/Secure Sockets Layer (TLS/SSL) protocol. We use a third-party, industry-accepted Payment Gateway to securely process credit card transactions.
Data Integrity — In addition to assuring you that we will protect your personal information, we also want to make sure that it is reliable, accurate, and up-to-date. In order to do that, we provide:
Access — Upon request, we will provide you with reasonable access to the personal information we collect about you. Because personal information—for example, your email address—is required to use The Services, we retain personal information as long as your account is active. You will have the opportunity to correct, update, modify or delete this information updating your information in The Services. Please note that some information may remain in our records even after you request deletion of your information, to the extent permitted by the Privacy Shield Principles. Additionally, there may be limits to the amount of information we can practically provide. For example, we may limit an individual's access to personal information where the burden or expense of providing access would be disproportionate to the risks to the individual's privacy or where doing so would violate others' rights.
If you have any concerns or complaints about how you think we've handled your personal information, please contact firstname.lastname@example.org. We will work hard to investigate and resolve any complaints you might have.
iPRAY AND INFORMATION COLLECTED FROM CHILDREN
iPray does not knowingly collect personal information from children without parental consent. For more information on iPray's approach to children's use of iPray (including our pursuit of compliance with the U.S. Children's Online Privacy Protection Act ("COPPA"), please see the section of our Terms of Service called "Kids Under 13 and iPray."
What personal information do we collect from the people that visit our blog, website or app?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, Prayers or other details to help you with your experience.
When do we collect information?
We collect information from you when you register on our site, fill out a form or enter information on our site.
How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
• To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested.
How do we protect your information?
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.
We use regular Malware Scanning.
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.
For your convenience we may store your credit card information kept for more than 60 days in order to expedite future orders, and to automate the billing process.
Do we use 'cookies'?
• Help remember and process the items in the shopping cart.
• Understand and save user's preferences for future visits.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browser is a little different, look at your browser's Help Menu to learn the correct way to modify your cookies.
If users disable cookies in their browser:
If you turn cookies off it will turn off some of the features of the site.
We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information.
We do not include or offer third-party products or services on our website.
Google's advertising requirements can be summed up by Google's Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en
We use Google AdSense Advertising on our website.
We have implemented the following:
We, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website.
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.
California Online Privacy Protection Act
According to CalOPPA, we agree to the following:
Users can visit our site anonymously.
Can change your personal information:
• By emailing us
How does our site handle Do Not Track signals?
We don't honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place. We don't honor them because:
because we don't know how yet?
Does our site allow third-party behavioral tracking?
It's also important to note that we allow third-party behavioral tracking
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under the age of 13 years old, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States' consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online.
We do not specifically market to children under the age of 13 years old.
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify you via email
• Within 7 business days
We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.
CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
To be in accordance with CANSPAM, we agree to the following:
If at any time you would like to unsubscribe from receiving future emails, you can email us at
and we will promptly remove you from ALL correspondence.
We will protect the privacy and data of our users and visitors to the maximum extent our budget can afford - we do not have the budgets of Google or Facebook (who are funded by selling advertising according to your unique data - which we do not) - so protect yourself as well. We are a start-up effort with a corresponding small budget.
Again, there is no iron clad promise to your privacy or data security we can give you. Our visitors and app users assume final responsibility for the actions they take on our site and the information they share. We will do our best to keep your actions and information safe but provide no guarantees. You accept all risks to your privacy and data visiting our website or using our app. You can use the app and even visit our website incognito. This is your burden to learn how . It can be as simple as using alias names and then learning how to use your browser in an incognito way.
5851 Water Ridge
Arlington, Texas 76016
Last Edited on 2020-05-22
HOW TO CONTACT US
If you have any questions about this policy or our mobile app or site in general, please contact us at email@example.com.
2020 © Copyright iPray, iPray.me, iPray®
2020 © Copyright G-Force Accelerated Marketing Inc.
* Google Analytics is a registered trademark of Google, Inc.