• April 2015 - Created
• August 3, 2015 - Refund Policy Updated
This Terms of Service Agreement (the "Agreement") is an agreement between you (the "User") and Radiate Ministry ("Radiate Ministry", "we", or "us"). Radiate Ministry is a product of Illuminate Design Studio, located at 740 Carlyle Lake, Decatur, GA 30033. We provide Users with access to certain Materials (as defined below) to help our customers create and manage websites by providing general and personalized content, website hosting services, communication tools, and ecommerce tools and services (collectively, the "Services") directly and through the website and associated domains of http://www.radiate.us (the "Site"). We want to keep this agreement as simple and readable as possible, so you never feel mislead or tricked into signing something. If you have suggestions that can help us improve it or any questions about this Agreement, please email us and let us know. This Agreement explains our obligations to you, and your obligations to us. This Agreement is the entire Agreement between us. By using the Site in any way you are agreeing to comply with these terms, our Privacy Policy and any other legal notices or conditions or guidelines posted on the Site.
1. What We Own
Any and all services or materials made available on the Site, and all services or materials provided by or through Radiate Ministry, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, user interface, design of and "look and feel," layout, images, graphics, audio, video, messages, interactive and instant messaging, design and functionality, files, documents, photographs, or other media materials, whether publicly available or privately transmitted as well as all derivative works thereof (collectively, the "Materials"), are owned by us or other parties that have licensed their material or provided services to us, and are protected by copyright, trademark, trade secret and other intellectual property laws. All Radiate Ministry logos and service marks, slogans and taglines are the property of Radiate Ministry. All other trademarks, service marks, logos, slogans and taglines are the property of their respective owners. Unless otherwise stated specifically, nothing should be assumed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on Radiate Ministry without obtaining our express written permission, or the express written permission of such third-party that owns the trademark, service mark, logo, slogan or tagline.2. Rights to Use What We Own
Subject to this Agreement, Radiate Ministry hereby grants you a single, limited, revocable, non-transferable and non-exclusive license for use of the Materials through a user identification reference provided by Radiate Ministry ("User ID") for the purpose, and only to the extent, of access and use of the Services in accordance with the terms of this Agreement. As part of this agreement, you agree not to: Download, store, reproduce, distribute, decipher, transfer, translate, modify, upload, republish, decompile, reverse engineer, lease, loan, rent, attempt to discover the source code and programming in on with the Materials or otherwise distribute the Materials in anyway not specifically permitted in this Agreement. You may not sell, sublicense, transfer ownership, or grant a security interest or transfer any right in the Materials. You may not create versions of Radiate Ministry or commercially exploit the Materials to any extent, except where expressly permitted by this agreement. Any other use of the Materials for any purpose not specifically permitted here or without prior, express, written permission from our licensors, where applicable, is expressly permitted. We reserve all the rights not expressly granted within this Agreement. We provide one User ID, permitting access to the Materials, for each account you own. You may use your provided User ID to create an additional User Account within Radiate Ministry for each additional member of your team or staff to use the Materials for their sole designed purpose. You agree to provide us with accurate information when creating your accounts, and to maintain the accuracy of your information regularly, as needed, for the life of your account. Your failure to do so may result in the cancellation of your account and loss of Services. You also agree not to provide User IDs to anyone who is not your employee, church member, or active volunteer of your church or ministry and to ensure that any individual granted access through your User ID or any subsequently created User ID is aware of and has agreed in writing to comply with the full terms of this Agreement.3. What You Provide to Us
You are legally responsible for all materials uploaded, posted or stored in connection with your use of the Services, including information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"). Radiate Ministry is not responsible for your Content and, according to this Agreement, you hereby grant Radiate Ministry a worldwide, royalty-free, non-exclusive, license to host, distribute, and use the Content to provide you with the Services and you represent and warrant that you have the necessary rights to grant us such a license. You are responsible for maintaining the Content and its rights of usage if you are not the original author. You are also responsible for any Content that may be lost, damaged, or unrecoverable through your use of the Services. Please keep copies of your original files.4. Giving Us Access to Other Accounts and Services
Some Services within Radiate Ministry may require you to provide login information, password information, or other unique permission keys that allow us to access accounts or services provided by third-parties. When you provide this information to us or grant access to third part accounts you agree that you have read any contract and written agreements governing the access, login information, and passwords for each account, and that you have all the legal rights and contractual agreements to grant such access.5. Comments and Feedback
Any questions, suggestions, comments, ideas, feedback, or information provided by you to us ("Comments") are not confidential and you grant us a worldwide, perpetual, irrevocable, royalty-free, license to use such Comments in any commercial and/or non-commercial purposes, in our discretion alone.6. Monitoring What You Provide Us
Radiate Ministry may, but has no obligation to, monitor Content on the Site or websites created using our Services. We reserves the right to disclose any information we deem necessary to satisfy our legal obligations, protect Radiate Ministry, or operate our Services. In our sole discretion, Radiate Ministry may refuse to post, remove, require you to remove any Content, in whole or in part, that we deem allegedly unacceptable, inappropriate, or in violation of this Agreement. Radiate Ministry may also require you to place a portion or all of your content behind password protection. If we request your Content be password-protected you agree not to publish the password or similar information in any way that negates the effective password access to Content. If we request that you place Content behind password protection, timely failure to do so mat result in Radiate Ministry placing the content behind password protection itself, or the immediate termination of the Agreement.7. Copyright Complaint Policy
If you believe any Materials infringe your copyrighted works, please send us an email or call our office.8. Rules
You agree to all of the following:a. You hereby agree that you are at least 13 years of age. Individuals under the age of 13 may not use the Services.
b. You will ensure that your email address and account details provided in your User account are valid at all times and that you will keep your contact information accurate and up-to-date.
c. You agree not to use the Services or Materials for any and all unlawful activities or purposes. This includes, but is not limited to, fraud, embezzlement, money laundering, or insider trading.
d. You will not use the Services or Materials while located in a country embargoes by the U.S.
e. You will not use the Services or Materials to impersonate another person or entity.
f. You will not imply or state, directly or indirectly, that you are affiliated with or endorsed by Radiate Ministry without our express written permission.
g. You may not send unsolicited messages (also known as junk mail or SPAM) to promote any website published on the Site. You may not use any email account created with the Services to send any unsolicited messages.
h. You may not create, add, upload, post, email, transmit or make available or initiate any Content that contains software viruses, worms, Trojan horses or any other computer code, files or programs that interrupt, destroy or limit the functionality of the Services or the Materials, that may impact the ability of any Radiate Ministry user to access the Services, or negatively affect the devices and/or users who access your site.
i. You will not access the Services through automated methods. The Services may only be used or accessed through an electronic device through manual control at all times. You also agree not to modify the Services through uploaded Content, regardless of intent.
j. Your site must represent a church or non-profit ministry. The Services are intended for a specific audience, and priced accordingly. Other non-profit and for-profit entities should use our other product, Radiate Plus.
k. You may not send messages using the Services which do not accurately identify the sender and you may not alter the attribution of origin in electronic mail messages or postings.
l. You will not share your password, let anyone else access your account, or do anything that might jeopardize the security of your account. You will not attempt to or actually access the Services or Materials by any means other than through the interfaces provided by Radiate Ministry.
m. You will not attempt to or actually override any security component included in or underlying the Materials or Services.
n. You will not attempt or engage in any action that directly or indirectly interrupts with the proper working of or places an unreasonable load on Radiate Ministry's system or affects the performance of additional third party sites hosted by Radiate Ministry.
o. You will not publish Content, or links to Content, that is:
i. Pornographic, sexually explicit, abusive or violent.
ii. Illegal (including material that infringes or has the potential to infringe the intellectual property rights of another and stolen copyrighted material).
iii. Reasonably likely to cause harm, or that could be reasonably considered as slanderous or libelous.
iv. Breaches another's privacy.
p. You may not publish any spam or generated Content designed to drive traffic to external sites, boost search engine rankings of external sites, commit and aid unlawful acts, or mislead recipients about source material.
q. You verify that your country of residence is the same as your billing address.
Radiate Ministry has the ability to determine in its sole discretion if any account is in violation of these any of these rules. Any user we find in violation of these policies may be permanently restricted from creating a Radiate Ministry account or using the Services. If Radiate Ministry discovers that your account is being used for illegal or fraudulent activity then you account may be terminated immediately and your financial data erased. We may also report you the appropriate law enforcement officials.
9. Fees
a. You may agree to a one (1) month contract agreement with Radiate Ministry.b. You can opt to upgrade or downgrade your service agreement to any other contract agreement that Radiate Ministry is currently offering for sale at any time during your contract term. In the event of a contract downgrade, a discount credit will be issued to your Radiate Ministry account for the difference in the cost of the two contracts over the remainder of your original contract term. This credit can be applied to future months of service with Radiate Ministry, and is in no way transferable to a cash refund. In the event of an upgrade, you will be charged the difference in the cost of the two contracts over the remainder of your original contract term.
c. At the end of the contract term, your contract will automatically renew for an additional contract term until explicitly cancelled by you. Cancellation must be issued via your website manager interface or via Radiate Ministry support email addresses or phone. Any cancellation issued must be done fifteen (15) days before the end of the contract term to allow for appropriate processing time.
d. Only Services and features clearly indicated as "free" or "no charge" are free or without charge. It is not the responsibility of Radiate Ministry to provide free support for you in the use and operation of Radiate Ministry or free updates to your site Content. The terms of our Unlimited Support offer include email- and phone-based support on matters when the Services fail to perform their intended function. All other applications, features, functionality and support provided by Radiate Ministry and its partners are provided for the fees described for each service on the Site ("Fees") and you are liable for such Fees.
e. If you purchase any Services that we offer for a Fee, you agree to Radiate Ministry, or our third party service providers, storing your payment card information. You expressly agree that we are authorized to charge you (i) a monthly Fee for any applicable Services billed on a monthly basis, (ii) any other Fees for Services you may purchase, and (iii) any applicable taxes in connection with your use of the Services to the payment card you provide and to reimburse us for all collection costs and interest for any overdue amounts. If the payment card you provide expires and you do not provide new payment card information or cancel your account, you authorize us to continue billing you and you agree to remain responsible for any uncollected Fees.
f. When beginning your service with Radiate Ministry, you agree to pay the one-time installation fee. One-time refers to a single, continuous contract with Radiate Ministry, and any canceled contracts will end the applicable installation fee. Any and every contract you subsequently begin is considered a new contract and will incur a new one-time installation fee.
g. No refund, partial or whole, will be made once a purchase has been made and/or processed. Once a purchase is made, it is non-refundable and non-transferable. No refund will be made once a purchase is made. Its up the customer purchasing the product to evaluate a fit of the product during the trial period. Once purchase is made, its non-refundable and non-transferable.
10. Taxes
You agree to pay any and all applicable taxes and fees of any nature associated with Radiate Ministry Services, including sales tax due on the purchase of Commercial Products. Radiate Ministry is not liable for any taxes or other fees to be paid related to the sale of Commercial Products. When purchasing or selling Commercial Products, it is your sole responsibility to determine and assign applicable sales tax to each transaction and to collect, report, and remit the correct amounts to every appropriate authority. Any examples within the Services are intended as illustrative examples and are not considered legal tax advice.11. Termination
a. Services may be terminated by us, without cause, at any time.b. Services may be terminated by you, without cause, by following the cancellation procedures set forth in Section 9(c).
c. Radiate Ministry may terminate Services at any time, without penalty and without notice, if you fail to comply with any of the terms of this Agreement or the intellectual property protections applicable to these Services.
d. Notice of termination of Services by Radiate Ministry may be sent to the contact e-mail associated with your account. Upon termination, Radiate Ministry has the right to delete all data, files, subscriptions associated with your account, or other information that is stored in your account.
12. ERRORS AND ACCESS TO SITE
YOU ALONE ARE RESPONSIBLE FOR THE VALIDITY AND ACCURACY OF ALL DATA AND CONTENT WITHIN YOUR WEBSITE. THIS INCLUDES SALES TAX CALCULATIONS, PRODUCT PRICING, PRODUCT DESCRIPTIONS, SHIPPING CHARGES, CONTACT INFORMATION, EMAIL COMMUNICATIONS, AND ELECTRONIC PAYMENT PROCESSING. YOU RELEASE RADIATE MINISTRY FROM RESPONSIBILITY OF INACCURATE INFORMATION AND ANY POTENTIAL DAMAGES CAUSED BY ANY INACCURACIES. YOU ALSO UNDERSTAND THAT RADIATE MINISTRY WILL NOT BE HELD RESPONSIBLE FOR MAINTAINING COPIES OF FILES OR DOCUMENTS SENT BY YOU AND THAT YOU ARE ALONE RESPONSIBLE FOR BACKING UP YOUR DATA.13. Third Party Websites; Third Party Services; No Implied Endorsement
The Site and Services may contain links to websites owned by third parties ("Third Party Sites"). You understand that when you click these links you enter another website of which we do not control the content. You may also have the opportunity through our Service to login to various third party service accounts ("Third Party Services") or to link accounts for Third Party Services to your Radiate Ministry account. Radiate Ministry is not responsible for any activity occurring within Third Party Services, even if logged in through or linked to a Radiate Ministry account.You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of your use of any Third Party Sites and/or Third Party Services, whether or not you were linked to or directed to a Third Party Site or Third Party Service through the Site. You acknowledge that Third Party Sites and Third Party Services may be subject to the applicable third party provider's terms of service, and you are solely responsible for reviewing and complying with any such terms of service. In no event shall any reference on the Site to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party.
14. DISCLAIMER OF WARRANTY
RADIATE MINISTRY AND ITS SITE, SERVICES, AND MATERIALS ARE PROVIDED "AS IS," "AS AVAILABLE," "WITH ALL FAULTS" AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, RADIATE MINISTRY AND ITS LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMIT TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, NON-INFRINGEMENT OR APPLICABILITY FOR A SPECIFIC PURPOSE. IN ADDITION, NEITHER RADIATE MINISTRY NOR ITS LICENSORS WARRANT THAT ACCESS TO THE SITE WILL ALWAYS BE AVAILABLE OR THAT THE SITE, SERVICES, OR MATERIALS WILL BE UNINTERRUPTED AND ERROR FREE, OR THAT ANY SUCH DEFECTS, IF ANY, WILL BE CORRECTED. RADIATE MINISTRY OR ITS LICENSORS DONT NOT MAKE ANY REPRESENTATIONS ABOUT THE CURRENCY, ACCURACY, QUALITY, COMPLETENESS, PERFORMANCE, SECURITY, LEGALITY, SUITABILITY, OR RELIABILITY OF THE SERVICES OR MATERIALS ON THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE AND RELIANCE OF THE SITE AND SERVICES IS AT YOUR OWN RISK. IN ADDITION, RADIATE MINISTRY IS NOT HELD RESPONSIBLE FOR THE DELIVERY OF ANY MESSAGES (INCLUDING, BUT NOT LIMITED TO, EMAILS) SENT THROUGH THE SERVICES TO ANYONE, INCLUDING YOU OR RADIATE MINISTRY.YOU ALSO AGREE AND ACKNOWLEDGE THAT ANY INFORMATION, CONTENT, MATERIALS, OR DATA CONTAINED IN OR MADE AVAILABLE WITH CONNECTION TO RADIATE MINISTRY SERVICES IS NOT INTENDED TO BE USED AS A SUBSTITUTE FOR EXPERTISE, SKILL, JUDGEMENT, AND KNOWLEDGE IN MATTERS RELATING TO TAX, LEGAL ISSUES, OR PROFESSIONAL MATTERS.THE SERVICES DO NOT PROVIDE TAX OR LEGAL ADVICE. YOU ARE RESPONSIBLE FOR OBTAINING SUCH ADVICE.
FURTHERMORE, RADIATE MINISTRY AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTIES THAT THE SITE, SERVICES, OR MATERIALS ARE APPROPRIATE FOR USE IN ALL GEOGRAPHIC LOCALS WORLDWIDE. IF YOU USE THE SERVICES OUTSIDE THE UNITED STATES, YOU ARE SOLELY RESPONSIBLE FOR FOR COMPLYING WITH ALL APPLICABLE LAWS, INCLUDING IMPORT AND EXPORT REGULATIONS OF OTHER COUNTRIES. NEITHER RADIATE MINISTRY NOR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES WARRANT THAT VIRUSES OR HARMFUL COMPONENTS WILL NOT EXIST WITHIN THE SITE, ITS SERVERS THE MATERIALS OR THE SERVICES OR ANY E-MAIL SENT FROM THE SITE OR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES.
THIS AGREEMENT APPLIES SOLELY TO THE SITE. AS PART OF THE SERVICES PROVIDED TO OTHER RADIATE MINISTRY USERS, WE HOST WEBSITES FOR CERTAIN THIRD PARTIES ("THIRD PARTY SITES"). THIRD PARTY SITES INCLUDE CONTENT GENERATED BY THIRD PARTIES AND ARE NOT UNDER THE MANAGEMENT AND CONTROL OF RADIATE MINISTRY. RADIATE MINISTRY IS NOT RESPONSIBLE FOR SUCH THIRD PARTY SITES, INCLUDING WITHOUT LIMITATION, THE ACCURACY, SUFFICIENCY, CORRECTNESS, RELIABILITY, VERACITY, COMPLETENESS OR TIMELINESS THEREOF, ANY LINK CONTAINED THEREIN, OR ANY CHANGES OR UPDATES THERETO, OR ANY GOODS OR SERVICES SOLD THEREON. YOUR ACCESS OR USE OF ANY THIRD PARTY SITE IS GOVERNED BY THE TERMS APPLICABLE TO SUCH THIRD PARTY SITE. THE HOSTING OF ANY THIRD PARTY SITE BY RADIATE MINISTRY DOES NOT IMPLY AN ENDORSEMENT THEREOF BY RADIATE MINISTRY, OR OF THE PROVIDER OF SUCH CONTENT OR SERVICES, OF ANY THIRD PARTY SITE.
15. LIMITATION OF LIABILITY
WE ARE NOT LIABLE FOR ANY DAMAGES OF ANY KIND TO YOU OR ANY OTHER PERSON. THESE DAMAGES INCLUDE WITHOUT LIMIT ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH USE OF THE SITE, THE SERVICES, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF RADIATE MINISTRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ALSO RELEASE RADIATE MINISTRY AND HOLD RADIATE MINISTRY AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, AND THEIR OFFICERS, DIRECTORS, TRUSTEES, AFFILIATES, SUBCONTRACTORS, AGENTS AND EMPLOYEES, HARMLESS FROM ANY CLAIMS, DEMANDS, OR DAMAGES OF ANY NATURE, SUCH AS, AND WITHOUT LIMITATIONS, ACTUAL, INCIDENTAL, SPECIAL, OR CONSQUENTIAL, WHETHER KNOWN, OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, WHETHER CONNECTED TO THE USE OF THE SERVICES, MATERIALS, YOUR CONTENT, COMMERCIAL OFERINGS, SITE, OR THIRD PARTY SERVICES, OR ARISING THEREOF. YOU HEREBY WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.16. EXCLUSIVE REMEDY
IF A PROBLEM ARISES WITH THE SITE, SERVICES, MATERIALS, OR CONTENT, YOU AGREE TO CEASE YOUR USE OF THE SITE, SERVICES, MATERIALS, AND CONTENT AS YOUR SOLE RESPONSIBILITY AND REMEDY. WE AND OUR AFFILIATES ARE IN NO WAY HELD RESPONSIBLE OR LIABLE FOR YOUR UE OF THE SITE, SERVICES, MATERIALS, CONTENT, COMMERCIAL PRODUCTS, OR CONTENT GENERATED BY THRID PARTY SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INTELLECTUAL PROPERTY RIGHTS INFRINGEMENTS, ANY ERRORS OR OMISSIONS, OR FOR ANY DAMAGES OR LOSS OF ANY KIND ARISING FROM OR RELATED TO THE USE OF THE SITE, SERVICES, MATERIALS, YOUR CONTENT, COMMERCIAL PRODUCTS, OR ANY THIRD PARTY CONTENT AVAILABLE ON OR THROUGH OUR SITE OR YOUR OWN SITE. If you live in a state or jurisdiction which does not allow the exclusion of implied warranties or the limitation of liability for incidental or consequential damages the above exclusions may not be applicable.17. Termination/Exclusion
We reserve the right to replace, add, modify, deny access, suspend or discontinue Services, to any extent, or modify, add, or change prices for all or part of the Services for you or any/all users at any time at our discretion. Any and all of these changes will be effective when posted to the Site or by directly informing you through email, unless otherwise noted. we also reserve the right to withhold, remove, discard, or add any Content associated with your account, without notice, is we deem it necessary according to this Agreement. To be clear, Radiate Ministry has no expectation or obligation to store or maintain copies of your content that you or other users provide while using the Services.18. Indemnification
You agree to indemnify, hold harmless, and defend Radiate Ministry and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns (collectively "Indemnified Parties") from any liability, claim, loss, damages, expenses, or cost (which may include, but is not limited to, attorney's fees), incurred by or made against the Indemnified Parties connected with any claim related to (i) your use, and the use of others on your account, of the Site, Services, Materials (ii) your Content, or (iii) any Commercial Products you offer on your site through our Services. This includes any violations of this Agreement by you or any users on your account. You agree to fully cooperate as reasonably required by an Indemnified Party, at your own expense, if applicable. Each Indemnified Party may elect to assume the control and defense of any and all matters for which it is indemnified. You agree not to settle any matter involving an Indemnified Party without the express written consent of the affected Indemnified Party.19. Amendments
You agree to to give us the right, in our sole discretion, to remove, modify, or replace any part of this Agreement at any time, and that the Agreement is effective upon the date it changed. In the event we make such a change we will notify all active users when they access the Service. We may notify account owners by email, but we are not required to do so. If we do email you to inform you of changes to this Agreement, we are not help responsible for undelivered messages to due technical errors, SPAM filters, or if you've supplied us with an inaccurate email address. Please view this agreement periodically through the Service to ensure that you understand the rights of all parties involved. By continuing to use and access our Service after the posting of any changes to this Agreement constitutes the acceptance of any and all changes made. If we add new features, services, or resources through the Site, it, too, is subject to the terms and conditions of this Agreement.20. Disputes
The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of the state of Georgia without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of the United States of America. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Atlanta, Georgia, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.21. Privacy
Please read the privacy policy and use its content to understand how your content and our Services relate to your privacy. Always be aware that added content, such as information, text, statements, data, photographs, and more may reveal your ender, ethnic origin, nationality, age, and/or other personal information about you. You agree and acknowledge that the inclusion of such information is voluntary, and not by the prompting of Radiate Ministry. You also acknowledge and consent that we may access, store, and disclose your registration and any other information you provide if legally required or in a good faith belief that the storage or disclosure of such information is reasonably necessary. Disclosure of user information to third parties is further discussed in the Privacy Policy.22. Other
You acknowledge that a violation or attempted violation of any of this Agreement will cause such damage to Radiate Ministry as will be irreparable, the exact amount of which would be impossible to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Radiate Ministry shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as to recover from you any and all costs and expenses sustained or incurred by Radiate Ministry in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.In no event shall you be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of Radiate Ministry, the exploitation of any advertising or other materials issued in connection therewith, or the exploitation of the Site or any content used or displayed through the Site.
23. Terms You Must Post on Your Site
You are responsible for drafting the terms of use and privacy policy for any website hosted by us for you as part of the Services (your "Hosted Site"). However, the terms of use for your Hosted Site must designate us a third party beneficiary and must contain intellectual property, limitations of liability, limitations of remedy, disclaimers of warranty and indemnification provisions each for the benefit of Radiate Ministry which are at least as favorable to Radiate Ministry as contained in this Agreement. You are also responsible for drafting the privacy policy for your Hosted Site. Your Hosted Site's privacy policy must contain terms that are at least as protective of a user's privacy as those contained in this Agreement.You agree to indemnify and hold harmless Radiate Ministry and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns from and against any and all liability, loss, claim, damages, expense or cost (including but not limited to attorneys' fees), arising from or related to the use of, access to, interaction with or reliance upon, your Hosted Site, including the purchase, sale or other distribution of Commercial Products.
24. Miscellaneous
a. If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect.b. If we fail to enforce any of this Agreement, it will not be considered a waiver.
c. Any amendment to or waiver of this Agreement must be made in writing and signed by us.
d. You will not transfer any of your rights or obligations under this Agreement to anyone else without our prior written consent.
e. All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
f. This Agreement does not confer any third party beneficiary rights.
g. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.