TERMS OF USE

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE

OurPrayer.org (hereinafter referred to as "OurPrayer” or "us" or "we") is a social networking community that allows its members to participate in online prayer groups facilitated by OurPrayer volunteers ("Volunteers") and to network with other OurPrayer members worldwide. The services offered by OurPrayer include this Website, www.OurPrayer.org, and all related content, services or applications offered from time to time by OurPrayer in connection with the OurPrayer Website (collectively, the "Website"). Your use of the Website is subject to your compliance with the terms and conditions set forth in this Terms of Use ("TOU"). You must read these TOU in their entirety.

BY USING THE WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS OF USE, WHETHER YOU ARE A “VISITOR” (WHICH MEANS THAT YOU SIMPLY BROWSE THE WEBSITE) OR YOU ARE A “MEMBER” (WHICH MEANS THAT YOU HAVE REGISTERED WITH THE WEBSITE). THE TERM “USER” REFERS TO A VISITOR OR A MEMBER. IF YOU DO NOT AGREE TO THE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE.

DESCRIPTION OF SERVICES

Personal Profiles: You may set-up personal profiles that can be linked together through OurPrayer's networks. Users may view each other’s profiles, communicate with other Users, join prayer networks, post photos, and post journals and comments.

Making Purchases: Certain products or services may be offered for sale on the Website. You may be asked by OurPrayer or the applicable third party to supply certain information, including, but not limited to, credit card or other payment information. You agree to provide OurPrayer or such third party with information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you enter in connection with your purchase of any product or service. You are responsible for all charges incurred by users of your account, credit card or other payment mechanism, as well as for paying any applicable taxes.

Descriptions, images or listings of, or links or references to, products or services on the Website ("Product Offerings") do not imply OurPrayer's endorsement of such products or services. We reserve the right, without prior notification, to change such Product Offerings (including without limitation any prices or available quantities), or to limit the order quantity on any product or service and/or refuse service to you.

Monitoring: We have no obligation to monitor User profiles and/or pages, prayer rooms, chat rooms, discussion boards or any other materials that you or third parties transmit or post on or to the Website. However, you acknowledge and agree that we have the right (but not the obligation) to monitor the Website, your Website/User profile and/or pages, prayer rooms, chat rooms, discussion boards, and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a chat or discussion board); and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Website properly; to protect ourselves, our Volunteers and other Partners, and our Users; and to comply with legal obligations or governmental requests.

In order to participate in certain Website services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions.

WEBSITE ACCESS

OurPrayer hereby grants you permission to use the Website as set forth in this TOU, provided that without limiting the foregoing, you agree that you will not use our Website to take any of the following actions:

a. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
b. Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
c. Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our Website, any software or hardware, or telecommunications equipment;
d. Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;
e. Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
f. Download any file from the Website that you know or reasonably should know cannot be legally obtained in such manner;
g. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
h. Restrict or inhibit any other user from using and enjoying any public area within our Website;
i.Collect or store personal information about other end users;
j.Interfere with or disrupt our Website, servers, or networks;
k.Impersonate any person or entity, including, but not limited to, a OurPrayer representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
l. Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our Website or to manipulate your presence on our Website;
m.Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
n.Engage in any illegal activities.

When and if you register to become a Member, you agree to (a) provide true, accurate, complete, and current information (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. You acknowledge and agree that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your Member account and your use of the Website.

As part of the registration process, you will be asked to select a username and password. We may refuse to grant you a username, password and/or domain name that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is already in current use, is vulgar or otherwise offensive, may cause confusion, or for any other reason as determined by us in our sole discretion. You are responsible for ensuring the confidentiality of your username and password, and you agree not to transfer or resell your use of or access to the Website to any third party. If you have reason to believe that your account is no longer secure, you must promptly change your password by immediately emailing us at admin@OurPrayer.org. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES, WHETHER BY YOU OR ANYONE ELSE (INCLUDING WITHOUT LIMITATION PURCHASES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

We reserve the right, in our sole and absolute discretion, to reject, refuse to post or remove any posting (including private messages) by a User, or to restrict, suspend, or terminate a User’s access to all or any part of the Website at any time, for any or no reason, with or without prior notice or warning, and without liability. We expressly reserve the right to remove your profile and/or restrict, suspend, or terminate your access to any part of the Website if we determine, in our sole and absolute discretion, that a User poses a threat to OurPrayer, the Website or its Users.

Non-commercial Use: The Website is for the personal use of Users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by OurPrayer. Illegal and/or unauthorized use of the Website, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Member privileges.

AGREEMENT TO CHANGE OR UPDATES

We reserve the right to make changes and update or remove any information or content contained on the Website and/or the TOU without prior notice. Any changes to these provisions will be incorporated into revised TOU that we will post on the Website. Changes shall be effective when they are posted. You agree to be bound to any changes to this TOU when you use the Website after any such changes are posted. It is important that you review these TOU regularly to ensure you are updated as to any changes.

JURISDICTIONAL ISSUES

OurPrayer makes no representation that materials on the Website are appropriate or available for use in locations other than the United States. Those who choose to access the Website from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Website and/or the provision of any service or product described thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.

DISCLAIMER REGARDING LINKS TO OTHER WEBSITES

The Website may provide links to other Internet websites or resources ("Linked Websites"). OurPrayer neither controls nor endorses such Linked Websites, nor have we reviewed or approved any content that appears on such Linked Websites. You acknowledge and agree that OurPrayer is not responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products or other materials on or available from any Linked Websites. You further acknowledge and agree that OurPrayer shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods and services available on or through any Linked Website.

TERMINATION

The TOU shall remain effective until terminated in accordance with its own terms. You agree that OurPrayer in its sole discretion, may terminate your password, account (or any part thereof), or use of the Website, and remove and discard any content within the Website, at any time and for any reason. You agree that any actions taken under this Section may be effective without prior notice to you.

INDEMNIFICATION

You agree to indemnify, defend, and hold OurPrayer and its subsidiaries, affiliates, officers, directors, agents, Volunteers or other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys' fees) that arise directly or indirectly out of or from (a) your breach of these TOU; (b) any allegation that any materials that you submit to OurPrayer infringe or otherwise violate you or any third party rights at all; and (c) your activities in connection with the Website.

PROPRIETARY RIGHTS

The content on the OurPrayer Website, except all User Content (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to OurPrayer, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. OurPrayer reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Content of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the OurPrayer Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the OurPrayer Website or the Content therein.

By sending or transmitting to us creative suggestions, ideas, notes, concepts, information, or other materials (collectively, "Materials"), or by posting Materials to any area of the Website you grant us and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Materials in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Materials. The foregoing license to OurPrayer shall be fully paid-up and royalty free. In no event, however, shall OurPrayer have any obligation to pay a fee to a User in connection with any transfer of OurPrayer’s business, including without limitation any merger or sale or transfer of all or substantially all of the assets of OurPrayer, nor shall the sale of advertising on any OurPrayer Website, including the Website, give rise to any obligation to pay a fee to User.

None of the Materials disclosed in Discussion Boards or chats shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any Materials.

PRIVACY

Any personal information (for example, name, address, telephone number or e-mail address) that you transmit to the Website in accordance with our instructions will be governed by our Privacy Policy, which is incorporated in the TOU by reference. Any other communication or material you transmit to the Website, including but not limited to questions, comments, suggestions and User Content (defined below) will be treated as non-confidential and non-proprietary and will not be encrypted or otherwise secured.

USER CONTENT

The Website may now or in the future permit the submission of text, images, audio, videos, interactive or other communications submitted by you and other users ("User Content") and the hosting, sharing, and/or publishing of such User Content. You understand that whether or not such User Content is published, OurPrayer does not guarantee any confidentiality with respect to any User Content.

You shall be solely responsible for your own User Content and the consequences of posting or publishing such content. In connection with User Content, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize OurPrayer to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Website and these TOU; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Website and these TOU. For clarity, you retain all of your ownership rights in your User Content. However, by submitting the User Content to OurPrayer, you hereby grant OurPrayer a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Website and OurPrayer's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your User Content through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Website and under these TOU. The foregoing license granted by you terminates once you remove or delete User Content from the Website.

In connection with User Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant OurPrayer all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage OurPrayer or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; and (v) impersonate another person. OurPrayer does not endorse any User Content or any opinion, recommendation, or advice expressed herein, and OurPrayer expressly disclaims any and all liability in connection with User Content. OurPrayer does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and OurPrayer will remove all Content and User Content if properly notified that such Content or User Content infringes on another's intellectual property rights. OurPrayer reserves the right to remove Content and User Content without prior notice. OurPrayer will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Content removed from the Website more than twice. OurPrayer also reserves the right to decide whether Content or a User Content is appropriate and complies with these TOU for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornographic, obscene or defamatory material, or excessive length. OurPrayer may remove such User Content and/or terminate a User's access for uploading such material in violation of these TOU at any time, without liability and without prior notice and at its sole discretion.

User Content is not necessarily reviewed by OurPrayer prior to posting and does not necessarily reflect the opinions or policies of OurPrayer. OurPrayer makes no warranties, and hereby expressly disclaims all such warranties, express or implied, as to the User Content or to the accuracy and reliability of the User Content or any material or information that a User transmits to other Users. If at any time we choose, in our sole discretion, to monitor the Website, we nonetheless assume no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the User submitting any such User Content.

You understand that when using the OurPrayer Website, you will be exposed to User Content from a variety of sources, and that OurPrayer is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against OurPrayer with respect thereto, and agree to indemnify and hold OurPrayer, its subsidiaries, affiliates, officers, directors, agents, Volunteers or other partners, employees, and representatives, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.

DIGITAL MILLENNIUM COPYRIGHT ACT

If you are a copyright owner or an agent thereof and believe that any User Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit OurPrayer to locate the material;
d. Information reasonably sufficient to permit OurPrayer to contact you, such as an address, telephone number, and, if available, an electronic mail;
e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

MEMBER DISPUTES

You are solely responsible for your interactions with other OurPrayer Users. OurPrayer reserves the right, but has no obligation, to monitor disputes between you and other Users.

DISCLAIMER OF WARRANTIES

THE WEBSITE, ANY CONTENT, USER CONTENT, ALL TOOLS, PRODUCTS OR SERVICES DISPLAYED ON, OR ACCESSED OR OBTAINED ON OR THROUGH THE WEBSITE ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, OURPRAYER AND ITS VOLUNTEERS, AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE WEBSITE AND ACCESS TO AND USE OF THE LINKED WEBSITES AND ALL TOOLS WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SOFTWARE, THE WEBSITE, THE LINKED WEBSITES OR THE SERVER(S) ON WHICH THE WEBSITE AND THE LINKED WEBSITES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE WEBSITE AND ANY LINKED WEBSITES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE WEBSITE AND LINKED WEBSITES ARE ENTIRELY AT YOUR OWN RISK.

PROFESSIONAL ADVICE DISCLAIMER

Your use of the Website is at your own risk. The relationship between you and OurPrayer is not a physician-patient relationship or a psychotherapist-patient relationship or a priest-penitent relationship. The Website and Linked Websites contain information, data, advice, text and other content compiled from a variety of third party sources ("Third Party Materials"). OurPrayer in no way endorses any of the Third Party Materials. Such Third Party Materials are provided for your convenience, and are solely intended to broaden user understanding and knowledge of religious and spiritual topics.

NOTHING CONTAINED IN THE WEBSITE OR ANY LINKED WEBSITES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, INCLUDING PSYCHOLOGY, PSYCHIATRY, OR PSYCHOTHERAPY, OR PROVIDING HEALTH CARE ADVICE OR INSTRUCTION FOR DIAGNOSIS OR TREATMENT.

OurPrayer does not recommend the self-management of health or mental health problems. The Third Party Materials are not exhaustive and do not cover all diseases, ailments, physical or mental conditions or their treatments. The Third Party Materials should not be considered complete or up-to-date. You should never disregard medical advice or delay in seeking it because of something you have read on the Website or a Member Website.

LIMITATION OF LIABILITY

NEITHER OURPRAYER NOR ITS VOLUNTEERS OR AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (I) THE USE OF OR INABILITY TO USE THE WEBSITE, ANY LINKED WEBSITE, OR ANY WEB SERVICE INCLUDING TOOLS; (II) ANY CONTENT CONTAINED ON THE WEBSITE OR ANY LINKED WEBSITE; (III) STATEMENTS OR CONDUCT ON THE WEBSITE OR ANY LINKED WEBSITE; (IV) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE WEBSITE OR ANY LINKED WEBSITE; (V) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE WEBSITE OR A LINKED WEBSITE; (VI) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY LINKED WEBSITE OR OTHER CONTENT OR, (VII) ANY OTHER MATTER RELATING TO THE WEBSITE OR ANY LINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR ANY LINKED WEBSITE IS TO STOP USING THE WEBSITE OR THE LINKED WEBSITE.

GENERAL INFORMATION

The TOU together with the Privacy Policy posted at www.OurPrayer.org and any other legal notices published by OurPrayer on the Website constitute the entire agreement between you and OurPrayer and governs your use of the Website, superseding any prior agreements between you and OurPrayer. The TOU and the relationship between you and OurPrayer shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflict of law provisions. The Website shall be deemed solely based in New York and you and OurPrayer agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of New York in the State of New York and any jurisdictional, venue, or inconvenient forum objections to such courts. The failure of OurPrayer to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this TOU and shall not affect the validity and enforceability of any remaining provisions. The section titles in the TOU are for convenience only and have no legal or contractual effect. This TOU is not assignable, transferable or sub-licensable by you except with our prior written consent. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach of default.

ASSIGNMENT

These TOU, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by OurPrayer without restriction.

ABILITY TO ACCEPT TOU

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these TOU, and to abide by and comply with these TOU. In any case, you affirm that you are over the age of 13, as the OurPrayer Website is not intended for children under 13. Your membership may be terminated without warning, if we believe you are under 13 years of age. If you are under 13 years of age, then please do not use the OurPrayer Website.

NOTICE TO CALIFORNIA RESIDENTS

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: The provider of the Website is Guideposts, 39 Seminary Hill Road, Carmel, NY 10512. To file a complaint regarding the Website or to receive further information regarding use of the Website send a letter to the above address or email to admin@ourprayer.org. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

These Terms of Use were last updated on June 21, 2007