TERMS OF SERVICE
Effective: March 27, 2013
This is an agreement between Ora Net, LLC (“Ora”, “we”, “our”, or “us”), the owner and operator of www.ora.net (“Site”), the Ora software, including the mobile Ora App (collectively, including all content provided by Ora through the Ora App and Site, the “Service”), and you. Your access to the Service is offered to you conditioned on your acceptance of these Terms of Service together with our statement of privacy practices, which is incorporated herein by this reference and found at http://ora.net/terms.html (“Terms”). Please read these Terms carefully before accessing or using the Service. By accessing the Service or registering with the Service, you agree to be bound by these Terms. If you do not wish to be bound by these Terms, do not register for, access or use the Service. We reserve the right to change these Terms (including the privacy statement) at any time, see Section 2 for more information.
THE SERVICE PROVIDES INFORMATION ABOUT PRAYER REQUESTS AND PRAYER CIRCLES. THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. THE PRAYER REQUESTS AND PRAYER CIRCLES MAY CHANGE AT ANY TIME AND WE CANNOT GUARANTEE THE ACCURACY OF ANY INFORMATION OR PUBLICATION. THIS SERVICE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND WE MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, IN THIS SERVICE. YOU BEAR FULL AND SOLE RESPONSIBILITY FOR YOUR USE OF OR THE RESULTS OF YOUR USE OF THE SERVICE.
You must be 13 years of age or older to become a user. By using the Service, you represent and warrant that you are at least 13 years of age. If we discover or have any reason to suspect that you are not at least 13 years of age, we reserve the right to suspend or terminate your use of the Service immediately and without notice.
2. Changes to These Terms
Please note that we reserve the right to change these Terms at any time upon notice. We may give notice by posting updated Terms on the Site, sending you an email, or by any other reasonable means. You can review the most current version of Terms at any time at www.ora.net. The updated Terms are binding on you on the effective date indicated in the updated Terms. If you do not agree to the updated Terms, you must stop using the Service and if, you have an Account, terminate it before the effective date. Your continued use of the Service after the effective date will constitute your acceptance of the updated Terms. You agree that you will periodically return to the Site and review the Terms to ensure that you are familiar with the most current version of the Terms.
3. Changes to the Service
YYou may use the Service if and when it is available. We do not guarantee availability of the Service or any particular feature. A particular feature may be a pre-release version and may not work correctly or in the way a final version might work. We may significantly change the final version or decide not to release it. We reserve the right to change, remove, delete, restrict or block access to, charge for, or stop providing all or any part of the Service at any time without notice.
4. Additional Terms
We may present additional terms when you use certain portions or features of the Service. Unless set forth otherwise in those additional terms, those additional terms are a part of these Terms and, if there is a conflict between the additional terms and the most current version of these Terms posted on the Site, the additional terms will govern.
5. Service Use
The Service contains communication facilities designed to enable you to communicate with us and other users. You agree to use the Service only to post, send and receive information and material that are appropriate and related to the purpose of the Service. You are responsible for and represent and warrant to us that you will comply with the Ora’s Code of Conduct and that your use of the Service will comply with the Code of Conduct, these Terms, and all applicable local, state, agency and national laws, rules and regulations. If we suspect violations of these Terms, we may institute legal action and cooperate with law enforcement authorities in bringing legal proceedings against violators. You agree to cooperate with us in investigating suspected violations by you or others, unless applicable law prohibits us from requiring you to cooperate. We reserve the right to install, implement, manage, and operate one or more software, monitoring, or other solutions designed to assist in identifying or tracking activities that we consider to be illegal or a violation of these Terms. We may, but are not obligated to, in our sole discretion, and without notice, remove, block, filter or restrict by any means any materials or information that we consider to be actual or potential violations of the restrictions set forth in these Terms and any other activities that may subject us or our users to harm or liability.
All information, files, graphics, text, images, sound files, video, development kits, software, tools, and other materials that are provided through this Service (“Content”) are owned by us and our licensors. If a license is presented when you access or download Content, use of that Content is governed by that license. If no license is presented, these Terms apply and we grant you a personal, non-exclusive, nontransferable, limited license to use the Content in connection with your authorized, personal, non-commercial use of the Service. You may not modify, copy, print, display, reproduce, distribute, publish, disassemble, decompile, or reverse engineer the Service or any Content, except to the extent that applicable law expressly permits your disassembly or reverse engineering despite this limitation.
7. Searches and Filters
You may use the “search” or “filter” functions on the Service to search for particular prayer circles, organizations, or other users based on a variety of criteria, such as by topics, age range, user name, and organization name.
8. Moderated Prayer Circle
Through the Service, you may join a variety of prayer circles or create private prayer circles. Some prayer circles are open to new members upon approval of a moderator. Other prayer circles are closed to specified members. Moderated prayer circles may allow rating of prayer requests where users are able to “thumbs up” or “thumbs down” a prayer request effectively moving the prayer request up or down the prayer circle’s feed order, for example moving the most popular “thumbs up” prayer request to the top of the prayer circle’s feed.
9. Third Party Websites
The Service may contain links to third party websites ("Linked Sites"). The Linked Sites are not under our control and we are not responsible for any Linked Site, including any content contained in a Linked Site or any changes or updates to a Linked Site. We provide links to you only as a convenience, and the inclusion of any link does not imply our endorsement of the site or any association with its operators.
10. Account Registration; Use of Your ID
WIn order to access certain portions of the Service or Content, you must set up an account (“Account”). If you set up an Account, you must provide current, complete, and accurate information. You must keep your log-in information confidential and not authorize any third party to use it. You are solely responsible for all activities that occur under your Account, even when your log-in information is used by someone else. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security of which you become aware. We may change your log-in information at any time.
The Service may enable you to submit and upload information and materials such as comments, photographs and other pictures, text, graphics, illustrations and other images, files, videos, sounds, data, links, and other materials (including feedback) (collectively, "Submissions"). You are solely responsible for all Submissions originating from your Account. We do not control and are not responsible or liable for any Submissions. Although we do not monitor or screen Submissions or access to or use of your Account, we reserve the right to monitor, screen, filter, restrict, block, move, refuse, modify, or remove Submissions and access to your Account at any time in our sole discretion, without prior notice.
12. License to Submissions
We do not claim ownership of your Submissions. However, you grant us an unlimited, irrevocable, perpetual, worldwide, non-exclusive, royalty-free, fully paid-up license to use, distribute, reproduce, modify, adapt, translate, create derivative works of, display, and perform (publicly or otherwise) your Submissions in connection with our business, including advertising and the promotion of our business and the Service. We may sublicense the rights granted in this Section to third parties. You represent and warrant that you have all the rights necessary to grant the rights in this Section and that the use of Submissions submitted through your Account does not violate any law or the rights of any third party (including any individuals portrayed in your Submissions). If Submissions are provided through your Account that infringe others’ copyrights or other intellectual property or privacy rights, you are breaching these Terms.
13. No Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND CONTENT ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” AND THE ENTIRE RISK OF USE AND PERFORMANCE, REMAINS WITH YOU. ORA, ITS SUPPLIERS, AND LICENSORS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. IN PARTICULAR, ORA, ITS SUPPLIERS, AND LICENSORS MAKE NO WARRANTY THAT THE SERVICE OR CONTENT: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) ANY INFORMATION OR CONTENT OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR (D) THAT ANY DEFECTS OR ERRORS THEREIN WILL BE CORRECTED. ALL CONTENT YOU DOWNLOAD OR OBTAIN THROUGH THE SERVICE IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS THEREFROM. YOU MAY HAVE ADDITIONAL RIGHTS UNDER YOUR LOCAL LAWS THAT THESE TERMS CANNOT CHANGE. IN PARTICULAR, TO THE EXTENT LOCAL LEGISLATION IMPLIES STATUTORY TERMS WHICH CANNOT BE EXCLUDED, THOSE TERMS ARE DEEMED INCORPORATED INTO THIS DOCUMENT BUT ORA’S LIABILITY FOR A BREACH OF THOSE STATUTORY IMPLIED TERMS IS LIMITED IN ACCORDANCE WITH AND TO THE EXTENT PERMISSIBLE UNDER THAT LEGISLATION.
14. Disclaimer of Certain Damages
IN NO EVENT WILL ORA, ITS SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THESE TERMS, THE SERVICE, OR CONTENT, EVEN IF ORA, IT SUPPLIERS, OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS, OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING IN THIS SECTION 14 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS. IF YOU LIVE, OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 14 MAY NOT APPLY TO YOU.
15. Limitation of Liability and Exclusive Remedies
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER SECTION 14, ORA’S AND ITS SUPPLIERS’ AND LICENSORS’ MAXIMUM, AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS, THE SERVICE, OR CONTENT WILL BE TO RECOVER THE ACTUAL DAMAGES YOU INCUR BASED UPON REASONABLE RELIANCE ON THE SERVICE OR CONTENT UP TO FIVE DOLLARS (U.S. $5.00). THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THESE TERMS, THE SERVICE OR CONTENT WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN DAMAGE LIMITATIONS SUCH AS THE LIMITATION OF LOSS OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING IN THIS SECTION 15 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED. IF YOU LIVE OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE EXCLUSIONS IN THIS SECTION 15 MAY NOT APPLY TO YOU.
16. No Emergency Services
NO EMERGENCY SERVICE. You acknowledge and understand that the Service does NOT allow you to access any emergency services. You should always have an alternative means of accessing emergency services. The Service is not intended to replace your primary phone service, such as a traditional landline or mobile phone
17. Independant Remedies
The exclusion of damages under Section 14 is independent of your exclusive remedy in Section 15 and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of the limitations of liability in Sections 14 and 15 apply without regard to whether loss, liability, or damage arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.
You hereby agree to defend, indemnify, and hold us, our directors, officers, employees, agents, partners, suppliers, and licensors harmless and will keep them indemnified from any third party claim or demand, including reasonable attorneys’ fees, relating to or arising from (a) any Submission made by you or submitted, posted, transmitted, originating from, or otherwise made available under your Account; (b) your use of the Service and Content; (c) any violation by you of these Terms; or (d) your violation of any another party’s rights or applicable law.
19. Notice of Takedown Procedures
You agree to respect the intellectual property rights and other rights of Ora and third parties. If you believe that material available through the Service infringes your intellectual property rights or the intellectual property rights of any third party or is defamatory, please notify our agent at mailto:email@example.com for copyright infringement notices. If you believe that copyright has been infringed by materials on the Service, please provide us the written information specified below. • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; • A description of the copyrighted work that you claim has been infringed upon; • A description of where the material that you claim is infringing is located on the Service; • Your address, telephone number, and email address; • A 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; • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. After receiving notice, we may remove or disable access to any infringing or defamatory material. We have the right to terminate your access to the Service and Account for infringement of our or another other party’s rights.
20. Copyright and Trademark Notices
We own the Service which is protected by U.S. and international copyright and other applicable laws. Copyright © 2013 Ora Net, LLC., Ora, www.ora.net, all logos and all product and services names referenced on or in connection with the Service are trademarks, service marks and trade names owned by us and our suppliers. All rights not expressly granted herein are reserved by Ora and its suppliers.
21. General Law and Jurisdiction for Resolving Disputes
The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction and venue in the state and federal courts sitting in Orange County, California for any and all disputes, claims and actions arising from or in connection with the Service, the Content, and these Terms.
If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect. You and Ora intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and Ora agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Section titles are only for convenience and have no legal or contractual significance. We may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense your rights, if any, in your Account. Our failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. A waiver will only be binding on us if it is in a written document signed by us. These Terms (including any incorporated terms) constitute the entire agreement between you and Ora with respect to your Account, the Service, and Content. Both you and Ora warrant to each other that, in entering these Terms, neither Ora nor you have relied on nor will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. Any translation of these Terms is done for local requirements. All choices (no matter how described) by us under these Terms are to be made in its sole discretion, unless stated otherwise. Any list of examples following "including" or "e.g.," is illustrative and not exhaustive, unless qualified by terms like "only" or "solely." If there is a dispute between the English and any non-English version, the English version will govern. No one other than you and Ora or Ora’s successors and permitted assigns, will have any right to enforce any of these Terms.
We may give you all notices (including legal process) that we are required to give by any lawful method, including by posting notice on the Service or by sending it to any email or mailing address that you provide to us. You agree to keep your Account information current including your email and mailing addresses and to check for notices posted on the Service. You agree to send us notice by mailing it to our “Address for Legal Notices” which is: ORA NET LLC, 1905 Broadway, Bellingham, WA 98226