TERMS OF USE

Effective May 8, 2014

Effective May 8, 2014 PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THESE SERVICES.  YOU MUST BE 13 YEARS OR OLDER TO JOIN.

1. ACKNOWLEDGEMENT AND ACCEPTANCE


a.  Welcome to www.prayer-tree.com (the “Site”), a website and social networking service of Prayerbook, LLC dba Prayer-Tree (“Prayer-Tree”).  The Prayer-Tree Site and the related mobile site  (collectively, the “Services”) are owned and operated by Prayer-Tree.  It is our pleasure to provide this social network to You (as defined below) under the following terms and conditions and any operating rules, policies, and procedures that may be published from time to time on this Site (collectively, the “Terms of Use”).  These Terms of Use govern general use of the Services by visitors to the Site (each, a “User”) as well as use of the Services by any registered member (each, a “Member”).  For the purposes of this Privacy Policy, “You” or “Your” shall refer to you as a User or Member.

b. This Services are controlled and offered by Prayer-Tree from its facilities in the United States of America, and are intended to welcome users from all over the word.   Please note Prayer-Tree makes no representations that the Services are appropriate or available for use in other jurisdictions.  If You are a non-U.S. resident and access the Services, You do so at Your own risk and are responsible for compliance with local laws and regulations.  You may not access, download, use or export the Services or the Content (as defined below) in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations.

c. CAUTION: Read the following TERMS OF USE carefully.  IF YOU ARE A MEMBER By selecting the “I Accept” button at the bottom of this page, OR IF YOU ARE A visitor, BY USING THE SITE, you agree to these Terms of Use and represent and warrant that you have the authority to bind the user to the TERMS OF USE.  If You ARE NOT WILLING TO BE BOUND BY THESE TERMS OF USE, DO NOT USE THE SERVICES.  You represent to us that you are eighteen (18) years of age or older. If you are under the age of 18, your parent or legal guardian must agree to these terms of use on your behalf.

2. ACKNOWLEDGEMENT OF LICENSE GRANT AND SITE CONTENT.

a. Subject to these Terms of Use, Prayer-Tree hereby grants You a nonexclusive, nontransferable right to (i) access the Services; (ii) access the information, materials, research, studies, reports text, graphics, images, sound files, animation files, video files and any other material made available through the Services (the “Content”) and (iii) download, print and use one copy of the Content for Your personal or internal use only.  Unauthorized access to the Services, or to the telecommunications or computer facilities used to deliver the Site, is a breach of the Terms of Use and is a violation of law.

b. You will protect the Content from unauthorized copying or use.  Modifications of, additions to, or deletions from the Content are strictly prohibited.  Except as specifically permitted in these Terms of Use, You shall not, directly or indirectly, (i) transfer, sell, sublicense, rent or lease the Content; (ii) circumvent any encrypted data or gain access to more materials or data than was licensed or use the Services in any manner which violates these Terms of Use or any applicable laws; (iii) reverse engineer, decompile, disassemble, translate or convert any computer programs used to access the Services(except as local law may permit without violation of local copyright law); or (iv) copy (except as provided herein), reproduce, disclose, distribute, display, perform, publish, adapt, create derivative works of, translate, or otherwise modify the Content or permit any third party to engage in any of the acts proscribed in clauses (i) through (iv).  You agree not to remove or alter any printed or on-screen copyright, trade secret or other legal notices contained on or in the Content.  Reproduction of the Content in any form or by any means, including but not limited to information storage and retrieval systems, recordings and re-transmittals, use in any timesharing, service bureau, bulletin board or similar arrangement or public display without Prayer-Tree’s written permission is forbidden.  Upon request, You will provide Prayer-Tree with evidence of compliance with this Section 2.  Any special rules for the use of certain software and other Content accessible through the Services may be included elsewhere within the Services and are incorporated into these Terms of Use by reference.

c. The Content of the Services is protected by copyright and other United States and foreign intellectual property and related laws.  The Content includes both material owned or controlled by Prayer-Tree and material owned or controlled by third parties and licensed to Prayer-Tree.  Except for Content You post using the Services, which is subject to Section 9 below, title to all Content remains with Prayer-Tree or the third party owners of such Content.  Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.  All rights not expressly granted herein are reserved by Prayer-Tree.  Any questions regarding use of the Content should be directed to info@prayer-tree.com. 

3. ELIGIBILITY AND REGISTRATION


Certain features of the Services may be made available by Prayer-Tree to individuals (each, a “Member”) that complete the registration process on the Site and can form legally binding contracts under applicable law.  In order to use the Member Area, a Member must: (a) provide certain current, complete, and accurate information about the Member as entered on the registration form (“Registration Data”); (b) maintain and update the Registration Data as required to keep information current, complete, and accurate; (c) provide all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web; (d) provide for the Member’s own access to the World Wide Web; and (e) pay any telephone or other service fees associated with such access.  Prayer-Tree retains the right to terminate a Member's account and Member’s rights to use the Services provided to Members if any Registration Data that Member provides is untrue, inaccurate, not current, or incomplete, or if Prayer-Tree has reasonable grounds to believe that any Registration Data is untrue, inaccurate, not current, or incomplete.

4. ACCOUNT PASSWORD AND SECURITY


Access to and use of the Member features is through a combination of a unique user name (“User Name”) and a password (“Password”).  Each Member is responsible for maintaining the confidentiality of his or her own User Name and Password.  Furthermore, each Member is entirely responsible for any and all activities which occur under his, her or its User Name and Password.  Member agrees to immediately notify Prayer-Tree of any unauthorized use of the Member Area or a Member’s account or any other breach of security known to Member.  Although Prayer-Tree will not be liable for losses caused by any unauthorized use of Member’s account, Member may be liable for the losses of Prayer-Tree or others due to such unauthorized use.  Prayer-Tree will treat the Registration Data and all other Personal Information it collects in accordance with Prayer-Tree’s Privacy Policy, which is incorporated herein.  Member is solely responsible for (a) any charges, damages, or losses that may be incurred or suffered as a result of Members' failure to maintain the strict confidentiality of their User Name and Password; and (b) promptly informing Prayer-Tree in writing of any need to deactivate any User Name and Password due to security concerns.

5. MEMBER CONDUCT


You agree that when using the Services, You will act in a manner consistent with the goals of the Services, and by way of example, and not as a limitation, You specifically agree that: 
a.  You will not, intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulation or law.
b.  You will not post information on or download information from the Services unless You have all rights and authority necessary to do so.
c.  You will not post any inappropriate, defamatory, foul, vulgar, obscene, indecent, sexually explicit, potentially libelous or slanderous, infringing, harmful, harassing, threatening, hateful, illegal, or otherwise objectionable material or information to the Services, including but not limited to, text, graphics, audio, and video files.
d. You will not use any information obtained from Prayer-Tree in order to defame, abuse, harass, stalk, threaten, embarrass, cause distress, unwanted attention or discomfort, or otherwise violate the legal rights (such as rights of privacy and publicity) of any User or representative of Prayer-Tree.  You will not advocate harassment of another person or persons.  Personal attacks, or attacks based on another person’s race, national origin, ethnicity, religion, gender, sexual orientation, disability or other such condition or circumstance, are strictly prohibited.
e.  You will not promote or encourage illegal or criminal activity including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, and gambling.
f. You will not impersonate another person or entity, including, but not limited to, a Prayer-Tree representative, or communicate under a false name or a name that You are not entitled or authorized to use.
g. You will not post surveys, contests, chain letters, pyramid schemes, unnecessarily long messages, unnecessary or repetitive posts, multiple ratings for the same item, meaningless text, spamming, offensive declarations or exhortations, or other similarly disruptive content.
h. You will not falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material posted on the Services.
i.  You will not post any files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.  You will not publicly post information that poses or creates a privacy or security risk to another persson.
j.  You will not use members’ personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other members.
k.  You will not attempt to send any type of attack, included, but not limited to,  “crack,” “hack,” “bomb” to manipulate or otherwise gain unauthorized access to other User accounts, Prayer-Tree servers, Prayer-Tree software, or any areas of the Site or Services not intended for Your access. 
l. You will not post, transmit, or distribute any unsolicited advertising, promotional materials or other forms of solicitation to Users, individuals or entities, except in areas designated by Prayer-Tree for such purposes.
m. You will not harvest, mine or otherwise collect or store personal information about others, including, without limitation, e-mail addresses and the content of User profiles.
n. Prayer-Tree neither endorses Your products or services, nor the content of the Your communications, postings or data, nor assumes any responsibility for any threatening, libelous, obscene, harassing or offensive material contained in such materials, or any crime facilitated by use of the Services.

Violation of any of the above may, at any time without prior notice, result in a warning, temporary limit or suspension or immediate termination of Your account or Your access to the Services, reporting of Your conduct to authorities, or legal action, as may be appropriate in the sole discretion of Prayer-Tree.  Prayer-Tree has no liability or responsibility to Users or any other person or entity for performance or non-performance of the aforementioned activities.  If You believe Your account or Your access to the Services has been terminated in error, please contact us.  Prayer-Tree shall not have any liability to You or to any third party in respect of any limitation or suspension of Your access to the Services.

6. MEMBER AREAS


a. If You use a member area of the Services where Members are allowed to post communications or other content to be viewed by other Members (“Member Area”), You agree that You are solely responsible for Your own communications, the consequences of posting those communications, and Your reliance on any communications found in the Member Area.  Prayer-Tree is not responsible for the consequences of any communications in the Member Area.  Prayer-Tree attempts to create a safe and supportive environment for all individuals by taking measures to prevent offensive behavior.  However, Prayer-Tree cannot and does not monitor the Member Area at all times and makes no guarantee with respect to Your experience in such area.  Anyone who feels that a posted message or image is objectionable is encouraged to notify Prayer-Tree immediately. In cases where You feel threatened or believe someone else is in danger, You should contact Your local law enforcement agency immediately.

b. Prayer-Tree reserves the right (but is not obligated) to, without limitation: (i) record the communications posted by Members; (ii) investigate any allegation that a communication does not conform to these Terms of Use and determine in its sole discretion to remove or request the removal of the communication; (iii) remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with the guidelines in this section or otherwise with these Terms of Use; (iv) monitor, edit, or disclose any communication through the Services and/or (v) edit or delete any communication posted through the Services, regardless of whether such communications violates these standards, each in Prayer-Tree’s sole discretion.

7. PRIVACY POLICY


Registration Data and other information about Users will be treated in accordance with Prayer-Tree’s privacy policy [link to policy], the terms of which are incorporated herein.  

8. USER CONTENT


a. As a User, You may submit content, including images, video and text (collectively, "User Content").  You understand that Prayer-Tree does not guarantee any confidentiality with respect to any User Content.

b. You shall be solely responsible for Your own User Content and the consequences of posting or publishing it.  In connection with User Content, You affirm, represent, and/or warrant that: You own or have the necessary licenses, rights, consents, and permissions to use and authorize Prayer-Tree 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 Services and these Terms of Use.

c. For clarity, You retain all of Your ownership rights in Your User Content. However, by submitting User Content through the Services, You hereby grant Prayer-Tree a worldwide, perpetual, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Services and Prayer-Tree’s (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels.  You also hereby grant each User of the Services a non-exclusive license to access Your User Content through the Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Services and under these Terms of Use.

d. You further agree that (i) You will not submit content 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 Prayer-Tree all of the license rights granted herein; and (ii) You will not, in connection with User Content, submit material that is contrary to applicable local, national, and international laws and regulations.

e. Prayer-Tree does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Prayer-Tree expressly disclaims any and all liability in connection with User Content.  Prayer-Tree does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and Prayer-Tree will remove all Content and User Content if properly notified that such Content or User Content infringes on another's intellectual property rights.  Prayer-Tree reserves the right to remove Content and User Content without prior notice.

9. COPYRIGHT NOTIFICATION


Prayer-Tree does not permit copyright infringing activities, patent infringement activities,  and other infringement of intellectual property rights through its Services, and Prayer-Tree will remove all Content and User postings if properly notified that such Content or User postings infringe on another's intellectual property rights. 
If You are a copyright owner or an agent thereof and believe that any User posting or other Content displayed or otherwise used in connection with the Services infringes upon or otherwise conflicts with 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 site are covered by a single notification, a representative list of such works at that site;
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 the service provider to locate the material;
d. Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and an electronic mail address;
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.  Please contact Prayer-Tree’s designated Copyright Agent at copyright@prayer-tree.com to send notifications of claimed infringement.  For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Prayer-Tree through the Contact Us area of the Site.  You hereby acknowledge and agree that if You fail to comply with all of the requirements listed above, Your DMCA notice may not be valid.

10. TRADEMARKS


PRAYER-TREE, PRAYER-TREE.COM, the Prayer-Tree logo, and other product and service names of Prayer-Tree are trademarks of Prayer-Tree (the “PRAYER-TREE Marks”).  You agree not to display, reproduce or otherwise use in any manner PRAYER-TREE Marks without Prayer-Tree’s prior written permission.

11. LINKS


The Site may provide links to other websites or resources.  Prayer-Tree is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. 
Prayer-Tree 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, products or services available on such external sites or resources. 
Prayer-Tree provides these links and references to You only as a convenience, and inclusion of any link or reference does not imply endorsement of the website or other resource.

12. DISCLAIMER OF WARRANTIES


a. THE USE OF THE SERVICES IS AT THE USER’S SOLE RISK.  THE SERVICES ARE PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS.  PRAYER-TREE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, INTEGRATION, COMPLETENESS OR TIMELINESS AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE.  PRAYER-TREE MAKES NO WARRANTY THAT THE SERVICES WILL MEET THE USER’S REQUIREMENTS OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED, NOR DOES PRAYER-TREE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR ANY INFORMATION OBTAINED THROUGH THE SERVICES.

b. ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT THE USER’S OWN DISCRETION AND RISK, AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM PRAYER-TREE OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

c. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO THE USER.

13. LIMITATION OF LIABILITY


a. PRAYER-TREE SHALL NOT BE LIABLE TO THE USER OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR THE INABILITY TO USE THE SERVICES, UNAUTHORIZED ACCESS TO, DELETION OR ALTERATION OF THE USER’S DATA, OR FAILURE OF THE SERVICES TO STORE THE USER’S DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE PROPERTY, EVEN IF PRAYER-TREE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

b. IN EACH CASE, THE FOREGOING LIMITATIONS AND EXCLUSIONS ARE INTENDED TO APPLY REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTORY OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR FORESEEABLE.  EACH PARTY ACKNOWLEDGES AND AGREES THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE A CONDITION OF THE OTHER PARTY ENTERING INTO THESE TERMS OF USE.

c. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO THE USER.

14. USER FEEDBACK


Prayer-Tree is pleased to hear from Users and welcomes Your comments regarding the Services.  If You send Prayer-Tree Your feedback, ideas and materials via the Services, please understand that by submitting the information to Prayer-Tree, You assign Prayer-Tree, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in the information or materials You submit.  We will be entitled to use any information and materials You submit through this Services for any purpose whatsoever without restriction and without compensating You in any way, and by submitting any such information and materials, You represent to Prayer-Tree that You have the right to do so.

15. INDEMNIFICATION


You agree to indemnify, defend and hold harmless Prayer-Tree, its subsidiaries, affiliates, shareholders, directors, officers, employees and agents, from any claim, demand, liability, expense, or loss, including reasonable attorneys’ fees, made by any third party due to or arising out of, or in any way connected with Your use of or access to the Services, Your violation of these Terms of Use, or Your posting, or the posting by any other person using Your User Name or Password, of any objectionable material.

16. MODIFICATION, WAIVERS, INTEGRATION


Prayer-Tree may modify these Terms of Use from time to time.  Upon any material modification to these Terms of Use, Prayer-Tree will provide You with notice of the modification and will post the modified Terms of Use, together with a description of the modifications made, via e-mail.  The modified Terms of Use will be effective immediately upon its posting on the Services. 
Your continued use of the Services after the posting of the modified Terms of Use on the Services constitutes Your agreement to abide and be bound by such terms, as modified.  Should You object to any modification, Your sole recourse is to exercise its right to terminate your use of the Services.  These Terms of Use may not otherwise be modified, except in a writing signed by both parties.  Prayer-Tree reserves the right to modify or discontinue the Services (or any portion of the Services), temporarily or permanently, with or without notice to You, and is not obligated to support or update the Services.  Prayer-Tree shall not be liable to You or any third party in the event that Prayer-Tree exercises its right to modify or discontinue the Services (or any portion of the Services).  Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to these Terms of Use.  No delay or failure on the part of either party in exercising any right or remedy hereunder shall operate as a waiver thereof or of any other right or remedy.  No waiver whatsoever shall be valid unless in writing, signed by the party to be charged, and then only to the extent therein set forth.  These Terms of Use constitutes the entire agreement of the parties with respect to the matters contemplated hereby.

18. ASSIGNMENT


You shall not assign or otherwise transfer these Terms of Use, in whole or in part, or delegate or subcontract any of its rights or obligations hereunder, without Prayer-Tree’s prior written consent, such consent not to be unreasonably withheld. Any attempted transfer or delegation by You without Prayer-Tree’s consent will be void.  These Terms of Use will bind and inure to the benefit of each party's successors and permitted assigns.

19. GOVERING, LAW, JURISDICTION, ETC


These Terms of Use shall be governed by and interpreted in accordance with the internal laws of the State of Vermont, without reference to principles of conflicts of law.  The parties hereto hereby consent to the non-exclusive jurisdiction of any local, state or federal court located within the State of Vermont.  The parties waive personal service of any and all process and agree that all such service of process may be made by certified or registered mail, return receipt requested, directed to such party, at the address (a) if Prayer-Tree is the recipient, set forth below and (b) if the Member is the recipient, set forth in the registration form.  TO THE EXTENT PERMITTED BY LAW, EACH OF THE PARTIES HERETO HEREBY WAIVES ITS RIGHT TO TRIAL BY JURY IN ANY SUIT OR PROCEEDING ARISING UNDER OR RELATING TO THIS AGREEMENT.

20. THIRD PARTIES


These Terms of Use shall confer no rights upon any other party other than the parties hereto.

21. PARTIAL INVALIDITY


The invalidity or unenforceability of any one or more sections of these Terms of Use shall not affect the validity or enforceability of its remaining provisions.

22. SECTION HEADINGS


Captions are for the ease of reference only and shall not affect the meaning of the relevant provisions.

23. ACKNOWLEDGMENT


You acknowledge that You have read and understand these Terms of Use, and that these Terms of Use has the same force and effect as a signed agreement.

Prayerbook, LLC d/b/a Prayer-Tree
www.prayer-tree.com
Email: info@prayer-tree.com