Terms of Service
Last updated: 25 September, 2009
Welcome to the HisPrayerJournal web site at http://www.HisPrayerJournal.com (the Website) which is owned by HisPrayerJournal, LLC ("HisPrayerJournal"). The Website is also a social networking service that allows Members to create unique personal profiles online in order to find and communicate with old and new friends. The services offered on the Website include the Website’s Internet messaging service, and any other features, content, or applications offered from time to time by HisPrayerJournal in connection with the Website (collectively, the "Site Services"). The Site Services are hosted in the U.S.
Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version http://www.HisPrayerJournal.com/terms HisPrayerJournal may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. User Submissions
HisPrayerJournal encourages members of the public to submit prayers to the site. HisPrayerJournal does not encourage, and does not seek prayers that result from any activity that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; or (iii) may constitute a crime or tort. You agree that you have not and will not engage in any of the foregoing activities in connection with your submission. Without limiting the foregoing, you agree that you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. HisPrayerJournal will reject any submissions in which HisPrayerJournal believes, in its sole discretion, that any such activities have occurred. If notified by a user of a submission that allegedly violates any provision of this Agreement, HisPrayerJournal reserves the right to investigate and determine, in its sole discretion, if such a violation has occurred, and to remove any such submission from the Website. You agree to provide HisPrayerJournal all information it requests in connection with its investigation of any allegations regarding your activities..
3. Content/Activity Prohibited
Please choose carefully the information you post on the Website and that you provide to other Users. Your Website profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter, including, without limitation, photographs, video and/or text. Despite this prohibition, information provided by other Website Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and HisPrayerJournal assumes no responsibility or liability for this material. If you become aware of misuse of the Site Services by any person (including, but not limited to, any of the items listed in this Section 3), please contact admin@HisPrayerJournal.com or click on the "Report Inappropriate Content" link at the bottom of any Website page. E-mails or information sent to admin@HisPrayerJournal.com for purposes other than communication about misuse of the Site Services or inappropriate/prohibited Content or activities on the Site Services may not be acknowledged or responded to.
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Site Services. HisPrayerJournal reserves the right to investigate and take appropriate legal action against anyone who, in HisPrayerJournal's sole discretion, violates this provision, including without limitation, removing the offending communication from the Site Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of HisPrayerJournal:
is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
exploits people in a sexual or violent manner;
contains nudity, violence, or offensive subject matter or contains a link to an adult website;
solicits personal information from anyone under 18;
provides any telephone numbers, street addresses, last names, URLs or email addresses;
promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
includes a photograph of another person that you have posted without that person's consent; or
The following is a partial list of the kind of activity that is illegal or prohibited on the Site and through your use of the Site Services. HisPrayerJournal reserves the right to investigate and take appropriate legal action against anyone who, in HisPrayerJournal's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
advertising to, or solicitation of, any Member to buy or sell any products or services through the Site Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Site Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, HisPrayerJournal reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which HisPrayerJournal deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Site Services, you acknowledge that you will have caused substantial harm to HisPrayerJournal, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay HisPrayerJournal $50 for each such unsolicited email or other unsolicited communication you send through the Site Services;
covering or obscuring the banner advertisements on your personal profile page, or any HisPrayerJournal page via HTML/CSS or any other means;
any automated use of the system, such as using scripts to add friends or send comments or messages;
interfering with, disrupting, or creating an undue burden on the Site Services or the networks or services connected to the Site Services;
attempting to impersonate another Member or person;
using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
selling or otherwise transferring your profile;
using any information obtained from the Site Services in order to harass, abuse, or harm another person;
displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Site Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your top friends, or sending private messages with a commercial purpose; or
using the Site Services in a manner inconsistent with any and all applicable laws and regulations.
4. License Grants
By posting or sending a prayer or any other communication content (User Submissions), you expressly grant HisPrayerJournal a royalty-free, sublicensable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, edit, translate, distribute, perform, display, and make derivative works of such User Submission and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form, media or technology, whether now known or hereafter developed including all television programming, promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. Any such User Submissions are deemed non-confidential and HisPrayerJournal shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission. Prayers marked as Private will only be viewable by the account which created them.
HisPrayerJournal does not claim any ownership rights in the User Submissions that you may post to the Site Services. After posting your User Submissions to the Site Services, you continue to retain all ownership rights in such User Submissions, and you continue to have the right to use your User Submissions in any way you choose. By displaying or publishing ("posting") any User Submissions on or through the Site Services, you hereby grant to HisPrayerJournal an unlimited license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through the Site Services, the HisPrayerJournal network or otherwise.
Without this license, HisPrayerJournal would be unable to provide the Site Services. The license you grant to HisPrayerJournal is non-exclusive (meaning you are free to license your User Submissions to anyone else in addition to HisPrayerJournal), fully-paid and royalty-free (meaning that HisPrayerJournal is not required to pay you for the use on the Site Services of the User Submissions that you post), sublicensable (so that HisPrayerJournal is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Site Services), and worldwide (because the Internet and the Site Services are global in reach). Subject to the terms and conditions of this Agreement and provided you have paid all amounts owed to HisPrayerJournal, you are hereby granted a non-exclusive, limited, personal license to use the Website solely for your personal, noncommercial use on your own behalf. HisPrayerJournal may terminate this license at any time for any reason or no reason, subject to a refund of any amount you have paid to HisPrayerJournal during the thirty (30) days prior to such termination.
5. HisPrayerJournal Proprietary Rights
The contents of the Website, along with any associated software, and all Intellectual Property Rights (as defined below) related thereto, are the exclusive property of HisPrayerJournal and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Website. Use of the content or materials on the Website for any purpose not expressly permitted by this Agreement is strictly prohibited. For the purposes of this Agreement, Intellectual Property Rights means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other Jurisdiction, relating to the Website, or any contents or materials related thereto.
6. Copyrights, Trademarks and Service Marks of Third Parties
The Website and all materials therein, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (the "Content") are or may be protected under United States and worldwide copyrights or other Intellectual Property Rights which are owned or licensed, in whole or in part, by us. Content may not be manipulated, edited, reproduced, performed, republished, posted, transmitted, sold, transferred or otherwise distributed or exploited in any manner whatsoever from the Website without our prior written consent, which may be withheld in our sole discretion. Any manipulation of the Website or any portion thereof, or use of any of the Content for any other purpose constitutes an infringement of our Intellectual Property Rights, or of the Intellectual Property Rights of the respective owners of such Content. Any use of any portion of this Website on any other web site or other networked computer environment is prohibited without our prior written consent, which may be withheld in our sole discretion. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. HisPrayerJournal has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Website. HisPrayerJournal has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of HisPrayerJournal or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this Agreement. HisPrayerJournal's policy is to investigate any allegations of copyright infringement brought to its attention. It is your duty to cooperate in any such investigation and provide information requested. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want HisPrayerJournal to delete, edit, or disable the material in question, you must provide HisPrayerJournal with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled; (d) information reasonably sufficient to permit HisPrayerJournal to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (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. For this notification to be effective, you must provide it to HisPrayerJournal's designated agent at: HisPrayerJournal, LLC. 30275 Bainbridge Road, Solon, OH 44139 copyright@HisPrayerJournal.com
7. Representations and Warranties
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent and warrant the following: You are over the age of 18 and have the right and authority to enter into this Agreement, and are fully able and competent to satisfy the terms, conditions and obligations therein. You have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights (Intellectual Property Rights), or the necessary licenses thereto, to grant the license in Section 3. You have the written consent of each and every identifiable natural person in the User Submission to use such persons name or likeness in the manner contemplated by the Website and this Agreement, and each such person has released you from any liability that may arise in relation to such use. You have read, understood, agree with, and will abide by the terms of this agreement. You are not, and have not been an agent of HisPrayerJournal and were not and are not acting on behalf of, or as a representative of, HisPrayerJournal or any other party in connection with the User Submission. The User Submission and HisPrayerJournals use thereof as contemplated by this Agreement and the HisPrayerJournals website will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity. You have not and will not engage in any of the following in connection with the User Submission: infliction of injury to any person or animal, humiliation of any person (whether public or private), infliction of emotional distress on any person, assault or battery of any person, damage to any property without permission, or any other act or omission that could give rise to civil and/or criminal liability. The User Submission does not contain: (i) material falsehoods or misrepresentations that could harm HisPrayerJournal or any third party; (iii) content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (iv) advertisements or solicitations of business; or (v) impersonations of third parties, other than those which are readily apparent.
HisPrayerJournal does not endorse any User Submission or the views, opinion, recommendation or advice expressed therein. HisPrayerJournal does not review, nor is it responsible for any User Submission content or the accuracy, usefulness or safety thereof, no matter the source. You may be exposed to User Submissions that are inaccurate, offensive, indecent or objectionable.
9. Third-Party Websites
10. Who can use website/set up accounts
Registration and Account Security Here are some commitments you make to us relating to registering and maintaining the security of your account:
You will not provide any false personal information on HisPrayerJournal, or create an account for anyone other than yourself without permission.
You will not use HisPrayerJournal if you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department's list of Specially Designated Nationals.
You will keep your contact information accurate and up-to-date.
You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
You will not transfer your account to anyone without first getting our written permission.
Protecting Other People's Rights We respect other people's rights, and expect you to do the same.
You will not post content or take any action on HisPrayerJournal that infringes someone else's rights or otherwise violates the law.
We can remove any content you post on HisPrayerJournal if we believe that it violates this Statement.
You agree to defend, indemnify and hold harmless HisPrayerJournal and its parent, subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website, including any data or work transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any User Submission that you provide to HisPrayerJournal; or (vi) any other party’s access and use of the Website with your unique username, password or other appropriate security code; or (vii) any third party claim for damages under any theory of law or equity that arises directly or indirectly as a result of any production, creation, set up, staging, casting, construction, demolition or any other activities associated with creating the Submission.
12. No Warranty
THE WEBSITE AND THE HISPRAYERJOURNAL SERVICE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE ("MATERIALS") ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE WEBSITE OR THE MATERIALS IS AT YOUR OWN RISK. THE WEBSITE AND THE MATERIALS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, HISPRAYERJOURNAL, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE WEBSITE OR THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. HISPRAYERJOURNAL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE HISPRAYERJOURNAL WEBSITE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND HISPRAYERJOURNAL WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HISPRAYERJOURNAL OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
13. Limitation of Liability
IN NO EVENT SHALL HISPRAYERJOURNAL, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEBSITE, INCLUDING UNAUTHORIZED ACCESS TO OR ALTERATIONS TO YOUR TRANSMISSIONS OF DATA. UNDER NO CIRCUMSTANCES WILL HISPRAYERJOURNAL BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE WEBSITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. YOU SPECIFICALLY ACKNOWLEDGE THAT HISPRAYERJOURNAL SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF HISPRAYERJOURNAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
14. Sole Remedy
IN ANY EVENT, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LIABILITY RELATING TO OR ARISING OUT OF THE WEBSITE OR THIS AGREEMENT, REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE THIS AGREEMENT AND TO RECEIVE A REFUND UP TO THE AMOUNT YOU PAID TO HISPRAYERJOURNAL DURING THE THIRTY (30) DAYS PRIOR TO SUCH TERMINATION.
The provisions of Sections 8, 11, 12, 13, 14, 15 and 16 shall survive any termination or expiration of this Agreement.