Acceptance of these Terms

These Terms of Use (“Terms”) govern the relationship between you (“You”) and Gracepoint Ministries (“We, Us, or Gracepoint”) concerning the Gracepoint website located at https://www.gracepointonline.org, and all of its affiliated sites and subdomains (collectively, the “Site”). Please read these Terms carefully before you start using the Site. By using or accessing the Site, You accept these Terms and represent and warrant that You are 18 years of age or older. If You are agreeing to these Terms on behalf of a company or other legal entity, You warrant that You have the authority to bind such entity to these Terms, in which case “You” or “Your” shall also include such entity. 

Changes to the Terms

We may revise and update these Terms from time to time at our sole discretion. Any changes are effective when we post them. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. While we hope to always offer the Site and all of its features and content, we reserve the right to change, modify, or cease offering the Site or any part, portion, content or functionality available through the Site without notice, temporarily or permanently. We will not be liable to you or any third party if for any reason all or any part of the Site is unavailable at any time.

Information About You

We do not share your personal data or your device information with any third-party advertisers or ad networks for their advertising purposes. We may use the personal data and device information available to us to observe social, behavioral, economic, and geographic trends as they pertain to ministry. We may use the data you provide (which can include your communications) to investigate, respond to and resolve complaints, legal, security and technical issues concerning the Site or Us. We use your data and communications if we think it is necessary for security purposes or to investigate possible fraud or violations of law or these Terms and/or attempts to harm others (See the Section “Disclosure of Your Identity” below).  

License Grant

Gracepoint grants You a non-exclusive, non-transferable, terminable, limited license to use the Site and all creative works and other materials accessible on the Site including but not limited to adult teaching messages, adult message series, children’s teaching messages, children’s message series, original recorded music, artwork, design, trainings, blogs, signage, images, text, video, music, audio, data and all intellectual property associated with any of the foregoing (collectively, “Content”) in accordance with these Terms and as specified below (the “License”). Gracepoint reserves the right to terminate all or part of Your License at any time for any reason. For any message video, Gracepoint grants You the right to publicly perform, in its entirety and maintaining all contextual integrity, either via video playback or in-person teaching, the message video. Otherwise no rights are granted to make derivative works, to edit or to sell or distribute digital copies in any manner. All rights not expressly granted by Gracepoint are hereby reserved.

Ownership

The Site and all Content is owned by Gracepoint. Gracepoint reserves all rights not expressly granted herein. Nothing in these Terms or the License and rights granted herein is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or any other applicable laws. 

License Restrictions

The License set forth in these Terms is subject to and limited by the following restrictions:

1. You agree to maintain a high level of integrity, quality and biblical consistency in the programs in which Your church uses the Content.

2. You may not exercise any of the rights granted under these Terms in any manner that is intended for or directed toward commercial advantage or monetary compensation. You may not exercise any of the rights granted under these Terms for any purpose other than leading people to become fully devoted followers of Christ or for biblical teaching.

3. Except as specifically provided for in the license set forth in these Terms, You may not use any trademark, service mark, insignia of source or logo owned by Gracepoint or otherwise act in a manner that represents you are Gracepoint or are affiliated with Gracepoint.

4. Nothing herein shall be construed to place the parties in an agency, legal partnership or joint venture relationship, and you shall not have the power to bind or obligate Gracepoint in any manner.

Notwithstanding anything to the contrary herein, Gracepoint reserves the right to terminate and revoke all or some of the rights granted hereunder temporarily and permanently in the event that Gracepoint believes, in its sole discretion, that your use or intended use of Content or exercise or intended exercise of any rights granted hereunder is or may be inconsistent with Gracepoint’s message or threatens harm to Gracepoint’s reputation or goodwill or Gracepoint’s relationship with any third party.

User Conduct

You understand that all materials (including but not limited to text, messages, posts, tags, data, graphics, photographs, video, music, sound, or any other materials) transmitted by You or any individual or entity using and/or accessing the Site or Content (each, a “User”) via the Site or concerning the Site (or any Content therein), whether publicly posted or privately transmitted elsewhere, is Your sole responsibility or the responsibility of the User who originates it. This means that You are entirely responsible for all materials that you upload, post, email, transmit or otherwise make available via the Site or concerning the Site (or any Content therein). You agree not to use the Site to:

1. upload, post, email, transmit or otherwise make available any materials that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, discriminatory, or racially, ethnically or otherwise objectionable;

2. harm minors in any way;

3. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

4. upload, post, email, transmit or otherwise make available any materials or Content that you do not have a right to make available 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);

5. upload, post, email, transmit or otherwise make available any materials that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

6. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

7. upload, post, email, transmit or otherwise make available 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;

8. to harm Gracepoint or Users of the Site expose them to liability;

9. to introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;

10. intentionally or unintentionally violate any applicable local, state, national or international law;

11. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;

12. collect or store personal data about other Users or in connection with the prohibited conduct and activities set forth above.

Disclosure of Your Identity

We may disclose any personal information we have about you (including your identity) if we determine that a disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or Users of the Site. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request.

You acknowledge, consent, and agree that we may access, preserve, and disclose your personal account information and any materials you transmitted if required to do so by law or in a good faith belief that access, preservation, or disclosure is reasonably necessary to:

1. comply with legal process;

2. enforce these Terms;

3. respond to claims that any materials You transmitted violates the rights of third parties; and/or

4. protect our rights, property, or personal safety, our Users and the public.

You understand that the technical processing and transmission of the Site, including any materials transmitted by You, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.

Termination

You agree that we may, for any reason or no reason and without prior notice, at our sole discretion, immediately terminate Your account and access to the Site at any time and for any reason, and shall not be liable to You or any third party for any termination of Your account or access to the Site for any reason. You agree that We will not be liable to You or to any third party for termination of Your access to the Site as a result of any violation of these Terms.

Disclaimer of Warranties

THE SITE AND THE CONTENT ARE PROVIDED TO YOU FREE OF CHARGE AND ARE THEREFORE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, AND WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY THIRD PARTIES THAT IS RELATED TO THE SITE, CONTENT YOU ACQUIRE FROM THE SITE OR USE OF THE SITE OR CONTENT.

Indemnity

You agree to indemnify and hold Us, our officers, directors, shareholders, predecessors, successors in interest, employees, members, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us due to or arising out of or in connection with Your use of the Site or Your breach of these Terms. You agree to defend, indemnify, and hold harmless Gracepoint and its subsidiaries, officers, directors, employees, members, and agents against any claim, dispute, loss, expenses, damages, or other liability arising in whole or in part from Your breach of the License or use of the Content.

Limitation of Liability

You are solely responsible for determining the appropriateness of using or redistributing the materials transmitted by You and assume any risks associated with use under the license set forth in these Terms.

IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING, WILL GRACEPOINT BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING AS A RESULT OF THESE TERMS, THE LICENSE,  OR OUT OF THE USE OR INABILITY TO USE THE CONTENT (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES), EVEN IF GRACEPOINT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT THE CONTENT IS VALUABLE PROPERTY OWNED EXCLUSIVELY BY GRACEPOINT AND YOU AGREE THAT YOU WILL NOT CHALLENGE OR DISPUTE GRACEPOINT’S EXCLUSIVE RIGHTS IN AND TO THE CONTENT. 

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY DOWNLOADED MATERIAL.

The Site may provide links to other websites or resources. You acknowledge and agree that We have no control over, are not responsible for the availability of, and do not endorse and are not responsible or liable for, any content, advertising, products or other materials on or available from other sites or resources. You acknowledge and agree that we are not responsible in any way for any damage or loss caused by or in connection with use of or reliance on any site or resource.

Notice and Procedure for Making Claims of Intellectual Property Infringement

We respect the intellectual property of others. If You believe that Your work has been copied in a way that constitutes copyright infringement, or Your intellectual property rights have been otherwise violated, please send the following information to legal at gpmail.org.

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest in question;

2. a written description of the copyrighted work or other intellectual property that you claim has been infringed;

3. a written description of where the material that you claim is infringing is located on the Site;

4. Your address, telephone number, and email address (all that apply);

5. a written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

6. a written statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that you are the copyright or intellectual property owner, or that You are authorized to act on the behalf of the copyright or intellectual property owner.

Violation of These Terms of Use

If We take any legal action against You as a result of Your violation of these Terms, we will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Us. You agree that We will not be liable to You or to any third party for termination of your access to the Site as a result of any violation of these Terms. You also agree that any violation by You of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Us, for which monetary damages would be inadequate, and you consent to Us obtaining any injunctive or equitable relief that We deem necessary or appropriate in these circumstances. These remedies are in addition to any other remedies We may have at law or in equity.

Governing Law & Dispute Resolution

All matters, disputes or claims relating to the Site and these Terms (including non-contractual disputes or claims) (each, a “Claim”), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the City of Oakland, Alameda County. By agreeing to these Terms, you waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

No Third-Party Beneficiaries

You agree that, except as otherwise expressly provided within these Terms, there shall be no third-party beneficiaries to these Terms.

Waiver and Severability

Gracepoint may only waive its rights under these Terms in writing. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

Entire Agreement

These Terms constitute the sole and entire agreement between You and Gracepoint with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.