KCM
Partner's Online Community User Agreement
General Use of KCM's Online Community
Welcome!
You are visiting the online community website of Kenneth Copeland Ministries
(hereafter "KCM"). The purpose of the
online community is to connect KCM's ministry partners, such as yourself, and to
enable you to find community with other KCM ministry partners, to provide one
another with spiritual encouragement through Bible Studies and fellowship, to
affirm one another as to who they are in Christ Jesus and to encourage one
another to live a victorious life in their covenant life and privileges. To achieve this purpose, KCM makes services
available through its website, www.kcm.org,
and other platforms such as this online community to help you establish
connections and a network of trusted relationships with other ministry partners.
You
agree that by registering on the online community or by using KCM's website,
mobile applications, developer platform or other information provided as part
of the online community's services (collectively "Services"), you (the "User")
are entering into a legally binding agreement with KCM, a Texas nonprofit
corporation, based on the terms of this User Agreement and KCM's Privacy Policy
for the KCM website (collectively referred to as the "Agreement"). When you participate in the online community
you are automatically agreeing to be bound by this Agreement. The Agreement or
any term or conditions thereof may be changed or updated by KCM from time to
time without prior notice. Continued use of the online community following any
such changes shall constitute your acceptance of any new Agreement. Users are responsible for regularly reviewing
the Agreement and we encourage you, therefore, to review them carefully
whenever you use the website. We may suspend or terminate your account or your
use of this Website at any time, for any reason, with or without cause. If you
do not agree with any part of the Agreement, please do not use the website.
Your Obligations
You must comply with all applicable laws, the Agreement, and the policies and
processes explained as follows:
1. Service Eligibility
To
be eligible for the Services offered by KCM's online community, you must meet
the following criteria. You represent
and warrant that you: (1) are 18 years of age or older; (2) have full power and
authority to enter into this Agreement on your own behalf; (3) are not signing
up on behalf of another individual or entity; (4) will maintain only one
account at any given time; (5) are not using the Services as a means to harm or
injure KCM; (6) will not violate any rights of KCM or the online community,
including intellectual property rights such as copyright or trademark rights;
(7) are not using the Services to advertise the rental, sale or purchase of
products or for commercial gain.
2. Sign-In
You
understand that pursuant to this Agreement you are required to keep your
password secure and confidential and that you are the sole authorized user of
the account. You understand and agree
that you are responsible for anything that happens through your account until
you close down your account or prove that your account was compromised due to
no fault of your own.
3. Submissions
You understand that you are permitted to post
content to the online community, including but not limited to personal
information, pictures, comments, and discussion posts. You are permitted to post your observations,
comments, thoughts, conversations with other Users, and ideas regarding
designated topics. The online community
also enables sharing of information by allowing Users to post updates or links
to third-party websites or articles.
Users can create pages for free; however, KCM reserves the right to
close or transfer pages or remove content from them for any reason including
but not limited to situations where the content violates this Agreement, KCM's intellectual
property rights or those rights of third-parties, or KCM's Statement of Faith.
You understand that other than
personal information that is subject to the Privacy Notice, you grant all
comments, thoughts, feedback, ideas, original materials and any other content
disclosed, submitted or offered on the online community or otherwise disclosed,
submitted or offered by you to us (collectively "Submissions") as a nonexclusive,
irrevocable, worldwide, perpetual, unlimited, assignable, sub-licensable, fully
paid up and royalty-free right to us to copy, prepare derivative works of,
improve, distribute, publish, remove, retain, add, process, analyze, use and
commercialize, in any way now known or in the future discovered, any
information you provide, directly or indirectly to KCM including, but not
limited to, any user generated content, ideas, concepts, techniques or data to
the services, you submit to KCM, without any further consent, notice and/or
compensation to you or to any third parties. Any information you submit to us
is at your own risk of loss.
By providing information to us, you represent and
warrant that you are entitled to submit the information and that the
information is accurate, not confidential, and not in violation of any
contractual restrictions or other third party rights. It is your responsibility
to keep your profile information accurate and updated.
You further understand that by
posting your observations, comments, thoughts, conversations with other Users
and ideas on a page, such content may be seen publically by other Users and KCM
cannot and does not guarantee that other Users will not use the observations,
comments, thoughts and ideas that you share for their own personal gain. Therefore, if you have content that you would
like to keep confidential and/or you do not want others to use or the content
is subject to third-party rights that may be infringed by your sharing such
content, DO NOT POST IT. KCM IS NOT
RESPONSIBLE FOR A USER'S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR
INFORMATION THAT YOU POST ON KCM'S FORUMS.
4. Code of Conduct for Participation
You understand that the purpose of the online
community is to connect ministry partners of KCM so that they may find
community with one another, provide one another with spiritual encouragement
through Bible Studies and fellowship, and to affirm one another as to who they
are in Christ Jesus and how to live a victorious life in their covenant life
and privileges.
Accordingly, all of your activity on the online
community and all content that you post through this Service must be consistent
with KCM's Statement of Faith. Any
content, third-party links, articles, or comments that you post through the
online community must be consistent with KCM's Statement of Faith and be
encouraging and edifying to KCM and to other Users of the Services. You also
agree that no submissions by you to the online community will be or contain
libelous, defamatory, tortious, or otherwise unlawful, abusive, threatening,
immoral, offensive, pornographic, harassing, profane, hateful, embarrassing or
disparaging to another person, church, ministry or corporation, obscene or that
will constitute or encourage conduct that would be or is considered criminal.
You are and shall remain solely responsible for the content of any submissions
you make. You shall not alter, modify, edit or remove any submissions by any
third party to the Website. KCM reserves
the right to take any action it deems reasonably necessary to cure or prevent a
violation of this Agreement, including without limitation, removal from this
Website of any materials submitted by any user and/or removal and/or
termination of any account of any user. KCM reserves
the right to terminate a User account for any reason, with or without cause.
5. License and Warranty for your submissions to the Online Community
You warrant and agree that you own the
information you provide KCM under this Agreement. You understand that you may request its
deletion at any time; however, you understand that it cannot be deleted if you
have shared the information or content with other users and they have not
deleted it or the information or content was otherwise shared with other
individuals. By providing information to
us, you represent and warrant that you are entitled to submit the information
and that the information is accurate, not confidential, and not in violation of
any contractual restrictions or other third party rights. It is your
responsibility to keep your profile information accurate and updated. When
using this Service, be honest when posting information about yourself: be who
you are. Do not misrepresent or
impersonate any person, misrepresent your age or other information about
yourself.
6. Privacy
Before signing up for KCM's online community,
you should carefully review KCM's Privacy Policy, as hereby incorporated into
this Agreement. You understand that your
name must be used as part of your public profile. Do not post or include in your profile,
forum, comments or photographs any confidential or personal information that
you do not want to share with others on the internet, such as telephone
numbers, addresses, financial information, date of birth or electronic
signatures. Do not post any confidential
or personal information of third-parties.
7. Your Use of the Online Community Website
You may not attempt to gain
unauthorized access to any portion or feature of the online community website,
or to any of the services offered on or through the online community website,
by hacking, or any other illegitimate means. You may not use the online
community website or any Content for any purpose that is unlawful or prohibited
by this Agreement, or to solicit the performance of any illegal activity or
other activity which infringes upon the rights of KCM.
Our Rights and Obligations
1. Content
All aspects of the online
community website, including but not limited to the text, user and visual
interfaces, photographs, trademarks, logos, sounds, music, artwork, computer
code, sermons, spiritual educational content (collectively "Content"), and the
arrangement of such Content on the Website, is owned, controlled or licensed by
or to KCM, and is protected by United States and international copyright laws
and various other intellectual property laws.
Except as expressly provided in
these Agreement, no part of this Website may be copied, reproduced,
republished, uploaded, posted, publicly displayed, encoded, translated,
transmitted or distributed in any way without KCM's express prior written
consent. KCM considers framing, the
practice of intact reproduction of a page or pages of one website into another
website, to be deceptive and a violation of KCM's copyright rights. No authorization or permission is given for
framing (copying code or layout) of KCM's content, whether in whole or in
part.
2. Disclaimer
The material on
the online community website could include technical inaccuracies or
typographical errors. KCM may make
changes or improvements at any time. KCM
does not promise that the website or any Content, service or feature of the website
will be error-free or uninterrupted, or that any defects will be corrected, or
that this Website or the server that makes it available are free of viruses or
other harmful components. KCM makes no
warranties that your accessing this website will lead to specific spiritual,
physical, emotional or mental results that you may be seeking. KCM is not
responsible for injury or damage to any individual related to or resulting from
your or any other person's use or access of this website. Nor is KCM responsible for injury or damage
to User or to any other person's computer related to or resulting from
accessing the website or downloading materials from the website. KCM is not responsible for and makes no
representations or warranties for the delivery of any messages sent through the
online community to another User. In
addition, we will neither warrant nor represent that your use of the service
will not infringe the rights of third parties.
KCM does not
have any obligation to verify the identity of the persons subscribing as
"Users" to the online community, nor does it have any obligation to monitor the
use of its services by other Users of the community; therefore, KCM disclaims
all liability for identity theft or any other misuse of your identity or
information.
The Content in this Website is provided "AS IS" and without
warranties of any kind, either expressed or implied. To the fullest extent
permissible pursuant to applicable law, KCM disclaims all warranties, including
any warranties of accuracy, non-infringement, merchantability and fitness for a
particular purpose. KCM does not warrant
or make any representation regarding the use of or the result of the use of the
Content of this Website in terms of their correctness, accuracy, reliability or
otherwise. KCM disclaims any and all liability for the acts, omissions and
conduct of any third parties in connection with or related to your use of this
Website. You assume total responsibility
for your use of the Website.
The above
disclaimer applies to any damages, liability or injuries caused by any failure
of performance, error, omission, interruption, deletion, defect, delay in
operation or transmission, computer virus, communication line failure, theft or
destruction of or unauthorized access to, alteration of, or use, whether for
breach of contract, tort, negligence or any other cause of action, including
but not limited to the failure to provide specific spiritual, physical,
emotional, mental or technical results.
3. Limitation of Liability
Except where
prohibited by law, under no circumstances, including but not limited to
negligence, will KCM be liable for any direct, indirect, incidental, special,
or consequential damages that result from the use of, or the inability to use,
the website, even if we have been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, KCM's liability to
you for any cause whatsoever, and regardless of the form of the action, will at
all times be limited to the amount paid, if any, by you to KCM to access or use
this website, but in no case will KCM's liability to you exceed $100. You acknowledge that if no fees are paid to
KCM, you will be limited to injunctive relief only, unless otherwise permitted
by law, and shall not be entitled to damages of any kind from KCM, regardless
of the cause of action. Because some
jurisdictions do not allow the exclusion or limitation of incidental or
consequential damages, KCM's liability in such jurisdictions shall be limited
to the extent permitted by law.
4. Indemnity
You agree to indemnify
and hold KCM, its subsidiaries and affiliates, and each of their directors,
officers, agents, contractors, partners and employees, harmless from and
against any loss, liability, claim, demand, damages, costs and expenses,
including reasonable attorney's fees, arising out of or in connection with,
your access to or use of the Website and online community, your conduct in
connection with the Website and online community, or any violation of this
Agreement or of any law or the rights of any third party.
5. Violation of these Agreement
KCM may disclose
any information we have about you (including your identity) if we determine
that such disclosure is necessary in connection with any investigation or
complaint regarding your use of the website, or to identify, contact or bring
legal action against someone who may be causing injury to or any interference
with KCM's rights or property, or the rights or property of those individuals
visiting KCM's website. KCM reserves the
right at all times to disclose any information that KCM deems necessary to
comply with any applicable law, regulation, legal process or governmental
request.
6. Governing Law; Dispute Resolution
By visiting or
using KCM's website or by participating in KCM's online community, except where
prohibited, you agree that: (1) any and all disputes, claims, and causes of
action arising out of or connected to your access to the website or
participation in KCM's online community shall be resolved individually, without
resort to any form of class action, and exclusively by mediation,
and if not resolved by mediation, then by binding arbitration under the
procedures and supervision of the Rules of Procedure for Christian
Conciliation, Institute for Christian Conciliation, or similar
faith-based mediation and arbitration group.
In the event that the Institute for Christian Conciliation ceases to
exist during the course of this Agreement, arbitration under this section shall
be conducted according to the rules of the American Arbitration Association; (2) any and
all claims, judgments, and awards shall be limited to actual out-of-pocket
costs incurred, including costs associated with your access to the website but
in no event attorney's fees; and (3) under no circumstances will you be
permitted to obtain awards for and you hereby waive all rights to claim
punitive, incidental, and consequential damages and any other damages, other
than for actual out-of-pocket expenses, and any and all rights to have damages
multiplied or otherwise increased. All issues and questions concerning the
construction, validity, interpretation and enforceability of this Agreement, or
the rights and obligations of you and/or KCM in connection with your access to
the website or participation in KCM's online community, shall be governed by,
and construed in accordance with, the laws of the State of Texas without regard
for conflicts of law doctrine, and all proceedings shall take place in Tarrant
County, Texas. You understand that in accordance with this section, you have
hereby waived any right to a trial by jury or trial before a judge. If any provision of this Agreement is
unlawful, void or unenforceable, that provision is deemed severable from the
Agreement and does not affect the validity and enforceability of any remaining
provisions.
If a dispute may result in an award of monetary damages
that could be paid under KCM's insurance
policy, then use of the conciliation, mediation, and arbitration procedure is
conditioned on acceptance of the procedure by the liability insurer of KCM and
the insurer's agreement to honor any mediation, conciliation or arbitration
award up to any applicable policy limits.
General Terms
1. Severability.
If any provision of this Agreement is found by a court of competent jurisdiction
or arbitrator to be illegal, void, or unenforceable, the unenforceable
provision will be modified so as to render it enforceable and effective to the
maximum extent possible in order to effect the intention of the provision; and
if a court or arbitrator finds the modified provision invalid, illegal, void or
unenforceable, the validity, legality and enforceability of the remaining
provisions of this Agreement will not be affected in any way.
2. Entire Agreement.
You understand and agree that this Agreement
(the User Agreement and Privacy Policy, as incorporated) constitutes the
entire, complete and exclusive agreement between you and us regarding the
Services and supersedes all prior agreements and understandings, whether
written or oral, or whether established by custom, practice, policy or
precedent, with respect to the subject matter of this Agreement.
3. Amendments to this Agreement.
KCM reserves the right to modify, supplement or
replace the terms of the Agreement without notifying you individually. Any changes to the Agreement will be noticed
on the online community website. If you do not want to agree to changes to the
Agreement, you can terminate this Agreement at any time by deleting your
account.
4. Notice
KCM is a Texas
nonprofit corporation. Unless otherwise
indicated, all communications with KCM should be directed to KCM by mail to: Kenneth
Copeland Ministries, Fort Worth, TX
76192-0001.