2|42 Community Church
The following terms and conditions (the “Terms and Conditions”) govern your use of website(s) and app(s) owned by 2|42 Community Church (collectively, the “2|42 Sites”), including, 242community.com, as well as all other domain names owned or controlled by 2|42 Sites, or any of its affiliates and/or subsidiaries (collectively, the “Site”). The Site is made available by 2|42 Community Church, and its affiliates (“2|42 Sites” or “we” or “us”). We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Site.
BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO ACCESS OR USE THE SITE. THIS IS A BINDING LEGAL AGREEMENT.
As between you and 2|42 Sites, 2|42 Sites owns, solely and exclusively, all rights, title and interest in and to the Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, lyrics, software, etc.), code, data and materials thereon, the look and feel, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership of any content, code, data or materials you may access on the Site. You may view the content on the Site on your computer or other internet-compatible device, and make single copies or prints of the content on the Site for your personal, internal use only. Any commercial distribution, publishing or exploitation of the Site, or any content, code, data or materials on the Site, is strictly prohibited unless you have received the express prior permission of 2|42 Sites or the applicable rights holder. (The Site may contain some features that enable you to obtain rights to use certain content on the Site, such as photographs, comments, and the like. In such situations, your rights to use such content are limited to the rights expressly granted by 2|42 Sites in such situations.)
You may not otherwise copy, reproduce, distribute or otherwise exploit any content, code, data or materials on the Site. If you make other use of the Site, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
2|42 Community Church Sites will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
Notwithstanding the foregoing, and unless we otherwise agree, you shall remain the owner of any content you post on the Site; provided, however, we shall have the nonexclusive, perpetual right to use, distribute, license and sublicense, translate, exploit and copy such content, in our sole discretion; and provided, further, that you shall not be entitled to any compensation whatsoever in connection with the use and enjoyment of our rights described above.
The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of 2|42 Sites and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders, or otherwise in violation of applicable law. All Trademarks not owned by 2|42 Sites that appear on the Site, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of 2|42 Sites or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Site is strictly prohibited. 2|42 Sites will aggressively enforce its Trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.
INFRINGEMENT AND DMCA NOTICES.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been violated, please notify 2|42 Community Church for notice of claims of copyright or other intellectual property infringement (“Agent”), at:
2|42 Community Church
7526 Grand River Ave, MI 48114
All notices must include: a) Identify the material on the Site that you claim is infringing, with enough detail so that we may locate it on the Site; b) A 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; c) A statement by you declaring under penalty of perjury that (1) the above information in your notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; d) your name, address, telephone number, and email address; and e) your physical or electronic signature. 2|42 Sites will remove the alleged infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
You agree to defend, indemnify and hold 2|42 Sites and its directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorney fees, arising in any way from your use of the Site, your placement or transmission of any message, content, information, software or other materials through the Site, or your breach or violation of the law or of these Terms and Conditions. 2|42 Sites reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with 2|42 Sites’ defense of such claim.
ACCESS TO THE CONTENT
MEDIA DOWNLOADS AND STREAMING
In the event that you are permitted to download (including podcasts) and/or stream media, including, but not limited to, video, audio, and/or other media, you understand and agree that your use is limited to personal, non-transferrable access, and is subject to any restrictions placed on such media content.
You may be permitted to link from the Site to third party websites (“Linked Sites”). For example, you may purchase products, some of which may be 2|42 Sites products, on or through Linked Sites. You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites. Links to Linked Sites do not constitute an endorsement by us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites.
DISCLAIMER OF WARRANTIES. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. 2|42 SITES ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, 2|42 SITES AND ITS SUPPLIERS, VENDORS, AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS, DISCOUNTS, SPECIALS, AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH 2|42 SITES OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED BY 2|42 SITES “AS IS”, EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND 2|42 SITES OR ITS LICENSOR, VENDOR, OR SUPPLIER.
LIMITATION OF LIABILITY. IN NO EVENT SHALL 2|42 SITES OR ANY OF ITS DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO 2|42 SITES FOR YOUR USE OF THE SITE.
NO LEGAL REPRESENTATION. YOUR ACCESS TO ANY OF THE 2|42 SITES, OR ANY CONTENT THEREON, DOES NOT CONSTITUTE LEGAL ADVICE. ANY AND ALL MATERIALS PROVIDED TO YOU BY, ON OR THROUGH ANY OF THE 2|42 SITES IS FOR INFORMATIONAL PURPOSES ONLY.
You shall at all times indemnify and hold 2|42 Sites, its respective shareholders, directors, officers, members, employees, agents, successors, and assigns, harmless from and against any and all claims, damages, losses, costs, liabilities and expenses, including attorney fees, arising out of or caused by a breach by you of any representation, warranty or agreement made by you and/or any use or reliance on the Content and/or any other property owned by 2|42 Sites, or otherwise arising out of or in any way related to your use of the Site.
RELATIONSHIP OF PARTIES
Nothing contained in any 2|42 Sites agreement or in these Terms and Conditions shall constitute a partnership between or joint venture of the parties, or constitute either party as the agent of the other. Neither party shall hold itself out contrary to the terms of any 2|42 Sites agreement and/or these Terms and Conditions, and neither party shall be or become liable by reason of any representation, act or omission of the other contrary to the provisions the same. Except as otherwise expressly provided for, any 2|42 Sites agreement is not for the benefit of any third party and shall not be deemed to give any right or remedy to any such party.
No waiver by 2|42 Sites of any breach of any agreement, warranty, representation, obligation, promise, and/or other part of these Terms and Conditions shall be deemed a waiver of any preceding, continuing or succeeding breach of the same, or any other item.
You shall not assign any of your rights and/or delegate any of your obligations under this or any other agreement with 2|42 Sites. Any purported assignment and/or delegation by you shall be null and void. 2|42 Sites may assign and/or delegate any of its rights and/or obligations under these Terms and Conditions, and/or under any other agreement between you and 2|42 Sites.
All applicable 2|42 Sites agreements and these 2|42 Sites Terms and Conditions shall be binding upon and inure to the benefit of the parties and each of their respective successors and assigns.
Any notices required to be given by any party to the other shall be in writing and may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Either party may change its address for purposes of this Agreement by giving the other party written notice of the new address in the manner set forth above.
The headings used in these Terms and Conditions, or any articles, sections or paragraphs, are inserted only for the purposes of convenient reference and that they may not accurately or adequately describe the contents of the sections or paragraphs which they head. Such headings shall not be deemed to limit, cover or in any way affect the scope, meaning or intent of these Terms and Conditions, or any part of thereof, nor shall they otherwise be given any legal effect.
GOVERNING LAW AND VENUE; ATTORNEY FEES.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Michigan. The prevailing party in any dispute or proceeding arising out of this Agreement shall be entitled to recover its costs and expenses, including reasonable attorney fees, incurred as a result thereof.
Nothing herein contained shall be construed as to require the commission of any act contrary to law, and wherever there is any conflict between any provisions of these Terms and Conditions, and any material statute, law or ordinance contrary to which the parties have no legal right to contract, the latter shall prevail, but in such event, the provisions of the Terms and Conditions affected shall be curtailed and limited only to the extent necessary to bring it within the legal requirements.
All 2|42 Sites agreements, including these Terms and Conditions, may be executed (including by electronic execution) in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
These Terms and Conditions are intended by the parties as the final expression of their agreement and understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms thereof and supersedes any and all prior and contemporaneous agreements and understandings related thereto. Any modification of these Terms and Conditions by 2|42 Sites shall be binding immediately upon posting to the Site.
COMPLIANCE WITH LOCAL LAWS
2|42 operates the Site from its offices in the United States of America. Persons who choose to access the Site from other locations, do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
MODIFICATIONS TO SITE AND SERVICES
2|42 Sites reserves the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty. 2|42 Sites reserves the right to temporarily or permanently terminate your access to the Site for any or no reason without prior notice.
ACCEPTANCE OF TERMS AND CONDITIONS
Your use of the Site, or any part thereof, constitutes your express understanding, acknowledgment and acceptance of these Terms and Conditions, to the same extent as if you signed a document evidencing your acceptance and agreement with these Terms and Conditions.
2|42 Community Church
7526 Grand River Ave, MI 48114