KCM Partner's Online Community User Agreement

General Use of KCM's Online Community


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.