What’s ours is yours

Terms of Use

Updated September 9, 2019

Acceptance of these Terms

These Terms of Use (“Terms”) are our terms of service that govern our relationship between you (the “Users”) and us (“Life.Church”) concerning the Life.Church Open Network website located at open.life.church and open.life.church (the “Site” or “Open Network”). By using or accessing the Site, or any content on the Site, you agree to these Terms, and that they supersede any prior agreements between you and us with respect to the Site. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the listed rights or provisions. Please read these Terms as well as the Privacy Policy carefully before you start using the Site.

Definitions

  1. “We”, “Us”, or “Life.Church Open Network” or “Life.Church” means Life Covenant Church, Inc.
  2. “Church” means a nonprofit 501(c)(3) organization that has the purpose of leading others to Christ.
  3. “Content” means all creative works and other materials accessible on the Life.Church Open Network including, but not limited to, adult teaching messages, adult message series, children’s teaching messages, children’s message series, original recorded music, artwork, design, trainings, blogs, signage, images, text, video, music, audio, data and all intellectual property associated with any of the foregoing.
  4. “Trademarks” means any trademarks owned by Life.Church, including, but not limited to, the Ark®, Crosstown®, In the Jungle®, Konnect®, LifeKids.tv®, LifeKids®, Switch®, The Loop®, Under the Sea®, YouVersion®, Bible App®, Bible App for Kids®, and any trademarked material from Life.Church’s Partners.
  5. “Partner” means individuals and organizations who have given Life.Church permission to place their Content on the Life.Church Open Network Site.
  6. “Terms” means these Terms of Service which govern all use of the Site and the Content.
  7. “User(s)” or “You(r)” means the individual using and/or accessing the Site or Content as well as the entity for which they are using and/or accessing the Site or Content, if any.

Changes to the Terms

Life.Church Open Network is offered by Life.Church. We may revise and update these Terms from time to time at our sole discretion. Any changes are effective when we post them. Your continued use of the Open Network following the posting of revised Terms means that you accept and agree to the changes.

Changes to Open Network

While we hope to always offer Open Network and all of its features and content, we reserve the right to change, modify, or cease offering Open Network or any part, portion, content or functionality available through the Site without notice, temporarily or permanently. We will not be liable to you or any third party if for any reason all or any part of Open Network is unavailable at any time.

Information About You and Your Access of Open Network

All information we collect on or through Open Network is subject to our Privacy Policy. By using Open Network, you agree to our Privacy Policy and consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Description of Services

The Site provides you with access to a growing variety of services and resources including, but not limited to, viewing videos, digital downloads of audio, video, art, music, and other files, sample documentation and example forms, informational content, written, audio, and video training resources and intellectual property, giving, spiritual development content, news and updates, other various communications tools, forums, and personalized content, and various apps at no charge to you.

License Grant

Life.Church grants You a non-exclusive, non-transferable, terminable, limited license to use the Site and the Content in accordance with these Terms and as specified below (the “License”). Life.Church reserves the right to terminate all or part of Your License at any time for any reason.

  1. For Adult Teaching Messages and Adult Message Series, Children’s and Youth Series, Partner series, or any other Events or resources from which you may download a “Message Video,” Life.Church grants You the following rights to the Message Video:
  2. For Life.Church Original Recorded Music accessible on the Site, Life.Church grants Your Church the following rights:
  3. For Trademarks owned by Life.Church that are used on or placed on Content as it is accessed in the Site, Life.Church grants Your Church the following license:
  4. For all other materials not labeled Message Video (referred to herein as “Additional Resources”), Life.Church grants Your Church the following license:
  5. For training videos, articles, posts, podcasts, and audio files found in the 'Training' section of the Site and their coordinating discussion guides and resources, Life.Church grants Your Church the following rights:
  6. Partners may apply additional restrictions explicitly to specific Content which further limit your rights and License to Content. To the extent a Partner restriction conflicts with any rights granted in these Terms, the Partner restriction shall control with respect to the specific Partner Content to which the restriction applies.
  7. For engagement with the online community of the Life.Church Open Network, Life.Church grants Your Church the following rights:

The above rights may be exercised in all media and formats. All rights not expressly granted by Life.Church are hereby reserved.

Ownership

Life.Church and its applicable Content providers shall reserve all rights not expressly granted herein. Nothing in these Terms or the License and rights granted herein is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or any other applicable laws.

License Restrictions

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

  1. For Adult Teaching Messages and Adult Message Series, Children’s and Youth Series, Partner series, or any other Events or resources from which you may download a “Message Video,” the Message Videos must not be edited and must be played in their entirety unless you receive written approval to edit a video from Life.Church. To obtain written permission, please email open@life.church. Each instance of editing requires a separate written approval by email.
  2. You may not post any ads, solicitations, self-promotions or the like to the Open Network community pages.
  3. Life.Church reserves the right to delete or refuse to accept and post any comments or threads or Content as Life.Church deems unsuitable or offensive in its sole discretion.
  4. You and Your Church may not sublicense any rights granted under these Terms. You and Your Church may not distribute, publicly display, publicly perform, or publicly digitally perform any of Life.Church’s Content or Trademarks with any technological measures that control access or use in a manner inconsistent with these Terms.
  5. You and Your Church agree to maintain a high level of integrity, quality and biblical consistency in the programs in which Your Church uses the Content.
  6. You and Your Church may not exercise any of the rights granted under these Terms in any manner that is intended for or directed toward commercial advantage or monetary compensation. You and Your Church may not exercise any of the rights granted under these Terms for any purpose other than leading people to become fully devoted followers of Christ.
  7. Except as specifically provided for in the license set forth in these Terms, You and Your Church may not use any trademark, service mark, insignia of source or logo owned by Life.Church or otherwise act in a manner that represents you are Life.Church or are affiliated with Life.Church.
  8. Nothing herein shall be construed to place the parties in an agency, legal partnership or joint venture relationship, and you shall not have the power to bind or obligate Life.Church in any manner.
  9. For the avoidance of doubt, if the Content is a musical composition:
    • In addition to automatically terminating the license set forth in these Terms, Life.Church reserves the exclusive right to collect, whether individually or via a performance rights society (e.g. ASCAP, BMI, SESAC), royalties for the public performance or public digital performance (e.g. webcast) of the Content IF THAT PERFORMANCE IS PRIMARILY INTENDED FOR OR DIRECTED TOWARD COMMERCIAL ADVANTAGE OR PRIVATE MONETARY COMPENSATION.
    • In addition to automatically terminating this License, Licensor reserves the exclusive right to collect, whether individually or via a music rights agency or designated agent (e.g. Harry Fox Agency), royalties for any phonorecord Your Church creates from the Content (“cover version”) and distributes, subject to the compulsory license created by 17 USC Section 115 of the US Copyright Act (or the equivalent in other jurisdictions), IF YOUR DISTRIBUTION OF SUCH COVER VERSION IS PRIMARILY INTENDED FOR OR DIRECTED TOWARD COMMERCIAL ADVANTAGE OR PRIVATE MONETARY COMPENSATION.
    • Where the Content is a sound recording, in addition to automatically terminating this license, Life.Church reserves the exclusive right to collect, whether individually or via a performance-rights society (e.g. SoundExchange), royalties for the public digital performance (e.g. webcast) of the Content, subject to the compulsory license created by 17 USC Section 114 of the US Copyright Act (or the equivalent in other jurisdictions), IF YOUR PUBLIC DIGITAL PERFORMANCE IS PRIMARILY INTENDED FOR OR DIRECTED TOWARD COMMERCIAL ADVANTAGE OR PRIVATE MONETARY COMPENSATION.

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

Privacy

Your privacy is very important to us. Our Privacy Policy outlines how we collect and use the information you provide while using our described services. We encourage you to review the Privacy Policy.

Registration and Account Security

Open Network allows users to create an account, “Users,” which requires providing certain information. You agree that all information you provide to become a User and register with Open Network is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or similar information as part of our security procedures, you agree to treat such information confidential, and agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms.

Users agree to provide their real name and information. Here are some commitments you make relating to registering and maintaining the security of your account:

  1. you will not provide any false personal information or create an account for anyone other than yourself without permission;
  2. if we disable your account, you will not create another one without our express written permission;
  3. you will not use the Site if you are under the age of 18.
  4. you will keep your contact information accurate and up-to-date; and
  5. if you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe this action is appropriate (such as when a trademark owner complains about a username that does not closely relate to a User's actual name).

User Conduct

You understand that all Content, including information, data, text, software, music, sound, photographs, graphics, video, messages, tags, posts, or any other materials (the “User Content”), whether publicly posted in the Open Network community or privately transmitted elsewhere, is the sole responsibility of the User who originates it. This means that you are entirely responsible for all User Content that you upload, post, email, transmit or otherwise make available via the Site. Although we monitor the User Content submitted to the Site, we cannot reasonably guarantee the accuracy, integrity, quality, or suitability of this User Content. You understand and agree that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable. You agree not to use the Site to:

  1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, discriminatory, or racially, ethnically or otherwise objectionable;
  2. harm minors in any way;
  3. impersonate any person or entity, including, but not limited to, an Application official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;
  5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  9. disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other Users' ability to engage in real-time exchanges;
  10. to harm Life.Church or users of Life.Church Open Network or expose them to liability;
  11. to introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
  12. to attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of YouVersion or any server, computer, or database connected to YouVersion;
  13. intentionally or unintentionally violate any applicable local, state, national or international law;
  14. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
  15. “stalk” or otherwise harass another; and/or
  16. collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above.

We provide the Site for uncompensated, personal, and intangible spiritual and/or religious benefit. You acknowledge that we may or may not pre-screen User Content, but that we shall have the right (but not the obligation) and sole discretion to pre-screen, refuse, or remove any User Content that is available via the Site for any reason.

Disclosure of Your Identity and Content

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

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

  1. comply with legal process;
  2. enforce these Terms;
  3. respond to claims that any Content violates the rights of third parties;
  4. respond to your requests for customer service; and/or
  5. protect our rights, property, or personal safety, our Users and the public.

You understand that the technical processing and transmission of the Site, including your User Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.

Termination

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

Governing Law & Dispute Resolution

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

The Site and the Content are provided to you free of charge and are therefore provided on an “AS IS” BASIS WITHOUT ANY CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, AND WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT GUARANTEE THAT THE Site WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE Site WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY THIRD PARTIES THAT IS RELATED TO THE SITE, CONTENT YOU ACQUIRE FROM THE SITE OR USE OF THE SITE OR CONTENT. You and Your Church are solely responsible for determining the appropriateness of using or redistributing the Content and assume any risks associated with use under the license set forth in these Terms. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law or agreed to in writing, will Life.Church be liable to You or Your Church for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Content (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if Life.Church has been advised of the possibility of such damages. You and Your Church acknowledge that the Content is valuable property owned exclusively by Life.Church and/or Life.Church’s Partners. You and Your Church agree that you will not challenge or dispute Licensor’s exclusive rights in and to the Content.

Waiver and Severability

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

Indemnity

You agree to indemnify and hold us, our officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party due to or arising out of or in connection with your use of the Site.

You and Your Church agree to defend, indemnify, and hold harmless Life.Church and its subsidiaries, officers, directors, employees, members, agents, and Life.Church Partners against any claim, dispute, loss, expenses, damages, or other liability arising in whole or in part from You and/or Your Church’s breach of this license or use of the Content.

Limitation of Liability

Except where prohibited by law, in no event will we be liable to you for any direct, indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if we have been advised of the possibility of such damages. You expressly understand and agree that any Content downloaded or otherwise obtained through the use of the Site is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any downloaded material.

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

No Third-Party Beneficiaries

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

Dealings with Third Parties

You acknowledge that your dealings with any parties met or found on or through the Site are solely between you and that party. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings with a third party. You are urged to exercise good judgment, care, and caution when meeting with or communicating with any third party met or found on or through the Site.

Notice and Procedure for Making Claims of Intellectual Property Infringement

We respect the intellectual property of others. We ask you to do the same, particularly where it pertains to using the Site. We may, in appropriate circumstances and at our sole discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send the following information to legal@life.church:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest in question;
  2. a written description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a written description of where the material that you claim is infringing is located on the Site;
  4. your address, telephone number, and email address (all that apply);
  5. a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. a written statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner, or that you are authorized to act on the behalf of the copyright or intellectual property owner.

Geographic Restrictions

Life.Church, the owner of Open Network, is based in the state of Oklahoma in the United States. We make no claims that Open Network or any of its content is accessible or appropriate outside of the United States. Access to Open Network may not be legal by certain persons or in certain countries. If you access Open Network from outside the United States, you do so on your own initiative and are responsible for compliance with local laws, and you consent to having your personal data transferred to and processed in the United States.

Violation of These Terms of Use

If we take any legal action against you as a result of your violation of these Terms, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to us. You agree that we will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms.

You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to us obtaining any injunctive or equitable relief that we deem necessary or appropriate in these circumstances. These remedies are in addition to any other remedies we may have at law or in equity.

Entire Agreement

These Terms and our Privacy Policy constitute the sole and entire agreement between you and Life Covenant Church, Inc. with respect to Open Network and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to Open Network.

Your Comments and Concerns

Open Network is operated by Life Covenant Church, Inc., an Oklahoma non-profit corporation, located at 4600 E. 2nd St., Edmond, Oklahoma 73034. All feedback, comments, requests for technical support and other communications relating to Open Network should be directed by emailing open@life.church or mailed to the address above. Any feedback you provide to us shall be deemed to be non-confidential. Life.Church shall be free to use such information on an unrestricted basis.