Privacy Policy & Terms of Use

WEB SITE PRIVACY POLICY*

We created this Web Site Privacy Policy ("Privacy Policy") in order to ensure the confidence of visitors ("you" or "your") to our Web site (the "Site"), and to demonstrate our commitment to fair information practices and the protection of privacy.

1. Types of Information Collected
a. Traffic Data Collected. We automatically track and collect the following information when you visit our Site, including your: (i) IP address; (ii) domain server; (iii) type of computer; and (iv) type of web browser (collectively "Traffic Data"). Traffic Data is anonymous information that does not personally identify you but is helpful for marketing purposes or for improving your experience on the Site. We also use "cookies" to customize content specific to your interests, to ensure that you do not see the same advertisement repeatedly and to store your password so you do not have to re-enter it each time you visit the Site.

b. Personal Information Collected. In order for you to access certain special services and to purchase products that we offer via the Site, we require you to provide us with information that personally identifies you ("Personal Information"). Personal Information may include: (i) Contact Data (such as your name, mailing and e-mail addresses); (ii) Financial Data (such as your account or credit card number); and (iii) Demographic Data (such as your zip code, age and income). If you communicate with us by e-mail, post messages to any of our chat groups, bulletin boards or forums, or otherwise complete online forms, surveys or contest entries, any information provided in such communication may be collected as Personal Information.

2. Uses of Information Collected

We use Contact Data to send you information about our church or our products or services, promotional material, or to contact you when necessary. We use your Financial Data to verify your qualifications for certain products or services and to bill you for products and services.

3. User Choice Regarding Collection, Use and Distribution of Personal Information

You may choose not to provide us with any Personal Information. In such an event, you can still access and use much of the Site; however you will not be able to access and use those portions of the Site that require your Personal Information.

4. Confidentiality and Security of Personal Information

Except as otherwise provided in this Privacy Policy, we will keep your Personal Information private and will not share it with third parties, unless such disclosure is necessary to: (a) comply with a court order or other legal process; (b) protect our rights or property; or (c) enforce our Website Terms of Use. Your Personal Information is stored on secure servers that are not accessible by third parties. We provide you with the capability to transmit your Personal Information via secured and encrypted channels if you use a similarly equipped web browser.

5. Lost or Stolen Information

You must promptly notify us if your credit card, user name or password is lost, stolen or used without permission. In such an event, we will cancel that credit card number, user name or password and update our records accordingly.

6. Other Limits to Your Privacy

The Site contains links to other Web sites. We are not responsible for the privacy practices or the content of such Web sites. We may also make chat rooms, forums, message boards, and news groups available to you. Please understand that any information that is disclosed in these areas becomes public information. We have no control over its use and you should exercise caution when deciding to disclose your Personal Information.

7. Updates and Changes to Privacy Policy

We reserve the right, at any time and without notice, to add to, change, update or modify this Privacy Policy, simply by posting such change, update or modification on the Site. Any such change, update or modification will be effective immediately upon posting on the Site.

*NOTE: The Site is not intended for use by children, especially those under age 13. No one under age 13 is allowed to provide any personal information or use our public discussion areas, forums and chats. To subscribe to newsletters and to participate in other activities where personal information is divulged, you must be 13 or older and by your use thereof, you represent and warrant that you are over the age of 13. Minors between the ages of 13 and 17 should get the permission of their parent(s) or legal guardian(s) before using the Site.

WEB SITE TERMS OF USE

Welcome to the Agape Church website (the "www.agape-church.org Website"), a site owned and operated by Agape Church and its affiliates ("Agape Church").

These Terms of Use, along with policies and guidelines located throughout the Agape Church Website identify what users of the Agape Church Website ("Users") can expect from Agape Church, Agape Church Providers (as defined below), and the Agape Church Website and what we expect from Users. By accessing any areas of the Agape Church Website, Users are deemed to have accepted these Terms of Use and other policies and guidelines identified throughout the Agape Church Website.

I. ONLINE CONDUCT

User agrees to use the Agape Church Website only for lawful purposes. User is prohibited from posting on or transmitting through the Agape Church Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

If Agape Church is notified of any material on the Agape Church Website (collectively "Content") provided by User (e.g., through an online review) that is allegedly infringing, defamatory, damaging, illegal, or offensive, Agape Church may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Agape Church Website. Agape Church may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Agape Church Website; or (iii) to protect the rights or property of Agape Church and its officers, directors, employees, and agents (collectively, "Agape Church Providers") and any other User.

Agape Church reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, Agape Church, the Agape Church Website, the communities that make up the Agape Church Website, or any rights of Agape Church or any third party, or to violate any applicable law. Notwithstanding the foregoing, no Agape Church Provider can ensure prompt removal of questionable Content after online posting. Accordingly, no Agape Church Provider shall assume liability for any action or inaction with respect to conduct, communication, or Content on the Agape Church Website.

II. PRIVACY POLICY

Agape Church respects the privacy of its Users. The terms and conditions of the Agape Church Privacy Policy are incorporated herein by reference.

III. TRADEMARKS

www.agape-church.org, is a service mark of Agape Church or its licensor. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of Agape Church and its licensors used on the Agape Church Website may not be used without prior written consent of Agape Church, as the case may be. Without limiting the foregoing, no Agape Church trademark or trade dress may be used in connection with any product or service that is not Agape Church's, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits Agape Church.

IV. CONTENT

a. Proprietary Rights

User acknowledges that the Agape Church Website contains Content that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Agape Church owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.

b. Distribution/Uploading Of Third-Party Content

Except as set forth in paragraph a. above, User may upload to or otherwise distribute on the Agape Church Website only Content that is not subject to any copyright or other proprietary rights protection (collectively, "Public Content"), or Content in which the author has given express authorization for distribution on the Internet. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. No Agape Church Provider will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission. In compliance with the Digital Millennium Copyright Act, Users and other persons can report an infringement to Agape Church at info@www.agape-church.org. By submitting Content to any User-submit areas, including, without limitation, any User product reviews, User automatically grants, or warrants that the owner of such Content has expressly granted Agape Church Providers, the royalty-free, perpetual, irrevocable, right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. User also permits any other User to access, store, or reproduce the Content for that User's personal use. Subject to this grant, the owner of Content placed on the Agape Church Website retains any and all rights which may exist in such Content.

c. Third-Party Content

Agape Church is a distributor and not a publisher of Content supplied by third parties and Users. Agape Church has no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of Agape Church or its affiliates or any of their officers, directors, employees, or agents. No Agape Church Provider guarantees the accuracy, completeness, or usefulness of any Content, or its merchantability or fitness for any particular purpose. In many instances, the Content available through the Agape Church Website represents the opinions and judgments of the respective third party providing such Content. Agape Church neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Agape Church Website by anyone other than Agape Church. Under no circumstances shall Agape Church, or its affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by a User's reliance on information obtained through the Agape Church Website. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through the Agape Church Website.

d. Export

The U.S. export control laws regulate the export and reexport of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations -- including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Agape Church Website to either a foreign national or a foreign destination in violation of such law.

V. AGE OF USERS

Agape Church does not intend the Agape Church Website to be used by minors under the age of 13. Furthermore, Agape Church does not market the Agape Church Website for use by minors under the age of 13. Agape Church relies upon parents or guardians of Users under the age of 13 to determine if any content or items available on the Agape Church Website are appropriate for view or access by such Users.

VI. TERMINATION OF USAGE

Agape Church may suspend or terminate any User's access to all or any part of the Agape Church Website including any account thereon, without notice, for any reason in Agape Church's sole discretion, including without limitation Agape Church's belief that such access would violate any applicable law or would be harmful to the interests of any Agape Church Provider or another User.

VII. PASSWORD SECURITY

Every User is responsible for (i) keeping such User's Agape Church account password confidential and (ii) restricting access to such User's computer. Each User agrees to accept full responsibility for all activities that occur within such User's Agape Church account.

VIII. DISCLAIMERS AND LIMITATION OF LIABILITY

THE AGAPE CHURCH WEBSITE IS PROVIDED BY AGAPE CHURCH PROVIDERS ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH AGAPE CHURCH PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, NO AGAPE CHURCH PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE AGAPE CHURCH WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE AGAPE CHURCH WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE AGAPE CHURCH WEBSITE; OR (IV) THAT THE AGAPE CHURCH WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF AGAPE CHURCH ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NO AGAPE CHURCH PROVIDER GUARANTEES THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE AGAPE CHURCH WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE Agape Church WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF ANY AGAPE CHURCH PROVIDER.

UNDER NO CIRCUMSTANCES SHALL ANY AGAPE CHURCH PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE AGAPE CHURCH WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE Agape Church WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO AGAPE CHURCH'S RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE AGAPE CHURCH WEBSITE.

NO AGAPE CHURCH PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE AGAPE CHURCH WEBSITE OR THE PURCHASE OF ANY PRODUCT THEREFROM, EVEN IF SUCH AGAPE CHURCH PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.

IX. SEVERABILITY

The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

X. APPLICABLE LAW; JURISDICTION

This site is created and controlled by Agape Church in the State of Arkansas. As such, the laws of the State of Arkansas will govern these Terms of Use, without giving effect to any principles of conflicts of laws.

XI. BINDING ARBITRATION

Any controversy or claim arising out of or relating to this Terms of Use (including any breach thereof), the Agape Church Website, any Content or any item purchased from the Agape Church Website shall be settled by confidential arbitration in Cabot, Arkansas administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated with any claim or controversy of any other party. The foregoing shall not preclude Agape Church from seeking any injunctive relief in State or Federal courts located in the State of Arkansas for protection of Agape Church's intellectual property rights, and you consent to exclusive jurisdiction and venue in such courts for such matters.

XII. ACKNOWLEDGMENT

The Terms of Use, including all documents referenced herein, represents the entire understanding between User and Agape Church regarding User's relationship with Agape Church and supersedes any prior statements or representations. When using the Agape Church Website or making a purchase there from, USER AGREES TO BE BOUND BY THESE TERMS OF USE.

XIII. MODIFICATION

Agape Church reserves the right to make changes to the Agape Church Website, posted policies and these Terms of Use at any time without notice. These Terms of Use were last revised on November 12, 2009.

If you want to communicate with us about our Privacy Policy, e-mail us at info@agape-church.org.