These Terms and Conditions for Use apply to the use of Jesus.net as defined below. Please read these Terms and Conditions for Use carefully; your use of this website indicates your acceptance of them.
ARTICLE 1 DEFINITIONS
1. The capitalised terms listed below have the following meaning in the Conditions for Use
Account: the personal profile which is created by a User when he/she signs up for the Service and to which the User may obtain access after entering his Login Details;
Content: all information provided, changed or uploaded by the User for public viewing or usage;
Ministry: Jesus.net, a company incorporated under the laws of The Netherlands, having its offices at de Watertorenweg 173 in the Netherlands, and active on the website www.jesus.net
Information: all information, data and files incorporated in the Service which is made available to the User by Ministry or its Partners, including but not limited to online training, documentation, materials and online evangelism and discipleship tools;
Intellectual Property Rights all intellectual property rights and related rights such as copyright, trademark rights, patent rights, design rights, trade name rights, and database rights.
Login Details: a user name and a password with which the User can obtain access to his Account and can use the Service;
Partner Another Christian organisation or a company/ an organisation that entered into a partnership agreement with Jesus.net and/or who provides Information to the Service;
Service: the service information provided by Ministry to the User in order to enable him to explore, experience and learn the Christian faith through the Service and connect with other Users;
User: a person that is using the Service and/or has created an Account for the use of the Service;
Website: refers to one or more websites maintained by Ministry.
ARTICLE 2 APPLICABILITY
1. The Terms and Conditions for Use apply to every use made by the User of the Service.
2. Ministry is at all times authorised to amend or supplement these Terms and Conditions for Use. The most up-to
date Terms and Conditions for Use can always be found on the Website. User indicates acceptance of amended or supplemented Terms and Conditions for Use by continuing to use the Website.
ARTICLE 3 ACCESS TO THE SERVICE
1. In order to use or gain access to specific parts the Service, the User may be required to create an Account in the way as described on the Website. It is not permitted to create an Account using the name of another person or company. During registration, the User must provide Login Details, with which he can gain access to his Account.
2. The User is responsible for maintaining secrecy with regard to the Login Details for his Account. As soon as the User knows or has reason to suspect that his Login Details have come into the hands of unauthorised persons, the User must inform Jesus.net of this without delay, and without prejudice to his own obligation to immediately take effective action, such as modifying his Login Details. The User therefore accepts and acknowledges that the User is at all times responsible and liable for the use of the Service by third parties via the User’s Account.
ARTICLE 4 USE OF THE SERVICE
1. Ministry may at all times (i) make functional, procedural or technical changes or improvements to the Service and (ii) temporarily or permanently take out of service, restrict the use of or terminate the Service.
2. Each and every use of the Service and Content provided is at the risk and responsibility of the User. Ministry is not responsible for the Content which is made available by Users through use of the Service.
3. User agrees that he will not post any Content on the Website or otherwise use the Website in a way that is inconsistent with Ministry’s Christian message. Impermissible uses include, but are not limited to the following:
a. use the Service and/or make Content available in a way that is false and/or misleading, including, but not limited to, the adoption of a false identity and/or making the incorrect suggestion that the User is in any way commercially connected with Ministry;
b. make Content available which contains viruses, Trojan horses, worms, bots or other software that can damage, disable or delete the Service or makes it inaccessible, or which alters the Information;
c. harm the interests and reputation of Ministry or its Partners;
d. collect data from Users through the Service and use this data for other purposes than those that are listed or intended in the Terms and Conditions for Use;
e. reproduce, publish or sell the Information which is obtained through the Service;
f. use contact information which is provided by Users for any commercial, non-commercial or charitable communication as well as any other unsolicited communication other than the intended purposes of the Service;
g. make Content available that contains advertisement, other than with the Ministry’s express permission;
h. engage third parties to perform any of the above-mentioned acts.
4. The User acknowledges and agrees that the Content he makes available through the Service can be used by other Users without changing the content and indicating the source/reference.
5. Ministry reserves the right to modify, refuse or delete Content or to restrict the use of or terminate the User’s Account if the Content or use is unacceptable in Ministry’s sole discretion.
6. If a User is of the opinion that certain Content infringes his or her rights and/or the rights of other Users or a third party the User should notify Ministry immediately by way of Article 10.
7. The User can choose to link the Service to his or her Twitter, Facebook, or Google account so that any Content made available through the Service automatically appears on his or her Twitter-, Facebook-, or Google+-account. Linking the Service to a Twitter-, Facebook-, or Google+-account is for the risk and responsibility of the User. Ministry is not responsible with respect to the availability and well-functioning of Twitter, Facebook and/or Google+, nor for the correct functioning of the link between the Service and Twitter, Facebook and/or Google+.
8. The Service may contain links to third party websites that are not owned or controlled by Ministry. Ministry has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
ARTICLE 5 INTELLECTUAL PROPERTY RIGHTS
1. The Intellectual Property Rights in relation to the Service, including the intellectual property rights regarding the Website and the Information, are held by Ministry or its licensors.
2. Under the conditions set out in these Terms and Conditions for Use, Ministry will grant the User a limited, personal, revocable, non-exclusive, non-sub-licensable and non-transferable right to access and use the Service, including the Information, insofar as is necessary for User’s personal, non-commercial use of the Service.
3. All Intellectual Property Rights in relation to Content will remain with the User who made the Content available through the Service. User acknowledges and accepts that by making the Content available through the Service, he automatically and free of charge grants Ministry an unlimited, worldwide, irrevocable, sub-licensable and transferable right to reproduce the Content and make the Content available, insofar as is necessary for the provision of the Service.
4. The User will, in accordance with applicable law, renounce all moral rights in the Content
5. The User guarantees that there are no Intellectual Property Rights of third parties which preclude making the Content available through the Service and/or providing the license as mentioned in Article 5.3.
6. Nothing in these Terms and Conditions for use is intended to transfer any Intellectual Property Rights to the User. The User shall refrain from any act that infringes the Intellectual Property Rights of Ministry or its Partners, including, but not limited to, the registration of domain names, trademarks or Google Adwords that are identical or similar to any object to which Ministry holds Intellectual Property Rights, as well as the reproduction, modification, reverse engineering or publishing the Service, including the Information, for other purposes than those listed in the Terms and Conditions for Use.
ARTICLE 6 PRIVACY
ARTICLE 7 INDEMNITIES AND WARRANTIES
1. The User indemnifies and holds harmless Ministry against any damages and costs which Ministry incurs as a result of (i) User’s breach of the Terms and Conditions for Use (ii) any use the User makes of the Service or (iii) User’s unlawful act.
2. The User guarantees the correctness and lawfulness of all Content that is provided to Ministry in relation to the use of the Service.
3. The User guarantees that he is entitled to use the Service and that he will act in accordance with the Terms and Conditions for Use.
ARTICLE 8 LIABILITY
1. Ministry accepts no liability for damages that result from providing the Service, except as arise from Ministry’s gross negligence.
2. The creation of any right to compensation is always conditional on the User reporting the damage in writing to Ministry as soon as possible after it has come about. Any claim for compensation vis-à-vis Ministry will be cancelled simply by the expiry of twelve months after the damage first arose.
ARTICLE 9 NOTIFICATION OF UNLAWFUL CONTENT
1. Ministry is not liable for any damages in connection with the inappropriate use of the Service by the User. After receiving a notification that is sufficiently precise and adequately substantiated, Ministry will make every effort to remove or block access to inappropriate Content.
2. Ministry has established the procedure described below, by which any alleged inappropriate Content available through the Service can be reported to Ministry. This can be done via a notification to [email protected].
3. Ministry reserves the right to not grant a request to remove or block access to Content or to stop an activity in case it has reasonable grounds to doubt the accuracy of the notification or in case a balancing of interests requires this. In such a situation Ministry can require an order from a court of the applicable jurisdiction to remove the Content.
4. Ministry will not be a party to a dispute between the person making the report and any third party arising out of or in connection with a notification.
5. The person making the notification indemnifies and holds harmless Ministry against all claims of third parties in relation to the blocking or removal of Content or the stopping of activities. The indemnification includes all damages and costs Ministry suffers in relation to such a claim, including but not limited to the compensation of legal assistance.
6. Ministry respects and protects the privacy of those who provide notifications. All personal data that it receives as part of a notification will always be processed in accordance with the applicable privacy laws and will only be used to process the notification.
ARTICLE 10 TERMINATION
1. The User can discontinue his use of the Service and terminate his Account at any time.
2. Ministry reserves the right to terminate the User’s Account (temporarily or permanently) or to delete Content for any reason, including but not limited to, cases in which the User, in Ministry’s opinion, has breached these Terms and Conditions for Use.
3. In the event of termination for cause of the agreement, no reversal will take place of that which Ministry has already delivered and/or performed.
4. After termination by the User, Ministry will remove the Content that the User has made available to Ministry through use of the Service.
ARTICLE 11 MISCELLANEOUS
1. The Terms and Conditions for Use and the use of the Service are subject to [Insert Country] law. The applicability of the Vienna Sales Convention 1980 is expressly excluded.
2. To the extent that national or international rules of law do not prescribe mandatory conditions to the contrary, any and all disputes arising from or related to the Service or the Terms and Conditions for Use will be brought before the court in the Netherlands.
3. Ministry may transfer rights and obligations arising from these Terms and Conditions for Use to third parties and will notify the User of this.
4. If at any time any provision of these Terms and Conditions for Use is or becomes invalid for any reason, such invalidity shall not affect the validity of the remainder of the Terms and Conditions for Use and such invalid provision shall be replaced by such other provision which, being valid in all respects, shall have effect as close as possible to that of such replaced one.