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Terms of Use  

Date of Last Revision: October 29, 2008

Welcome to NationalPrayerBank.com (the “Site"), one of the services offered by Footstool Productions, LLC ("we," "us," “our”).  Footstool Productions, LLC also offers various other content, applications, and web tools (collectively the “Service”) as well.  This terms and conditions of use agreement (“Terms of Use” or "Agreement") sets out the legally binding terms of your use of the Site and the Service.

To maintain an encouraging, safe, and productive site you must agree to the following Terms of Use.  By accessing or using the Site, you signify that you have read, understand, and agree to be legally bound without limit or qualification to this Agreement, whether you are a registered member of the Site ("Member") or just a visitor ("Visitor") to the Site.  Both Members and Visitors are considered users of the Site ("User") and are subject to this Agreement. As a User, you are only authorized to use the Site and Service if you agree to abide by this Agreement.  If you do not agree to abide by this Agreement, you should discontinue use and leave the Site immediately. You also agree that you have read and accept the terms of the Privacy Policy of the Site.  Please read the Agreement carefully as it contains important information regarding your legal rights, remedies and obligations.

You may terminate your membership at any time for any reason by closing your account with us.  In order to provide the encouraging and safe environment that members of the Site expect, we may terminate your membership at any time without prior notice, and for any reason we deem necessary.  Even after membership is terminated, this Agreement will remain in effect.

We reserve the right, at our sole discretion, to alter or delete material from the Site at any time, and we may at any time change, modify, add, or delete portions of these Terms of Use without further notice by updating this page.  The date of the most recent revision will be posted at the top of this page.  You are bound by any such revisions and are responsible for periodically checking this page for any updates and for reviewing the current Terms of Use.  You signify your acceptance of any new Terms of Use by continuing to use the Site or the Service after changes to the Terms of Use have been posted.  Do not use or access the Site or the Service if you do not agree to abide by this or any future Agreement.

Eligibility
In accordance with the Children’s Online Privacy Protection Act (COPPA), Member registration to the Site is reserved for people 13 years of age and older.  Please do not register or submit personally identifiable information to the Site if you are under the age of 13.  Your profile will be deleted and membership canceled if you are believed to be under the age of 13. 

Membership and use of the Site is void where prohibited.  This Site is intended for persons who are residents of the United States (the United States being defined as the fifty (50) states and all U.S. territories, including the Midway Islands, Puerto Rico, American Samoa, Virgin Islands, Micronesia, Marshall Islands, Northern Mariana Islands, Palau and Guam.)

Member Account Registration
We make various services available to individuals who register on the Site ("Members").  There is no charge for membership.  To gain free access to the Members' Area of the Site, each registrant must read and agree with the Terms of Use and the Privacy Policy of our Site, and provide true and accurate registration information.  You agree to keep this registration information updated, current, and accurate.  You are responsible for maintaining the security of your password by not disclosing it with any third parties.  The creation of multiple accounts for the use of a single individual is strictly prohibited.  You agree to represent yourself accurately on the Site and may only set up a User account that accurately represents you as an individual.  You may not, for example, register under a name or set up a profile that purports to represent a place, object, animal, celebrity, fictional character, or real individual who is not you.  We reserve the right to cancel the Account and delete the profile of any User perceived to be in violation of these requirements.
 

In summary, by becoming a Member of the Site, you represent and warrant that: (a) you are 13 years of age or older; (b) you are a resident of the United States; (c) all registration information you submit is truthful and accurate; (d) you will maintain the accuracy of such information; (e) you will maintain the security of your password; (e) your use of either the Site or Service does not violate any applicable law or regulation.

Prohibited Conduct
You are solely and fully responsible for any and all conduct that takes place in relation to the use of your account.  You agree to conduct yourself in an appropriate and lawful manner at all times on the Site.  We reserve the sole right to judge what constitutes appropriate and inappropriate behavior in matters not involving the law.  If at any time we deem that you have conducted yourself inappropriately or unlawfully, your account may be warned, suspended, or removed and banned and
appropriate legal action will be taken if necessary.

The following list contains descriptions of the kinds of harmful or illegal conduct that is prohibited on the Site.  This list is not exhaustive and all harmful or illegal conduct, whether expressly described or not, is subject to the same penalty.

 Regarding your use of the Site or the Service, you agree not to:

  • engage in illegal and/or unauthorized use of the Site or the Service (including the collecting of contact information, such as names or email addresses, from Users by electronic or other means);
  • collect contact information, such as names or email addresses, from Users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  • use the account of another Member at any time or disclose your password to any third party (you agree to notify us immediately if you suspect any unauthorized use of your account or access to your password); 
  • interfere with the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
  • post information publicly that poses or creates a privacy or security risk to any person;
  • post User content that would be harmful to minors in any manner;
  • solicit personal information from anyone under the age of 18;
  • register for or otherwise use multiple accounts;
  • use an anonymizing service to hide your identity, create multiple accounts or regain access to the site after having a different account disabled; 
  • use automated scripts to collect information from or otherwise interact with the Site or the Service;
  • use the Site for commercial uses (the Site is for personal use only; commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice);
  • upload, post, share, store, or otherwise transmit any content that:
    • is pornographic or sexually explicit in any way. 
    • is harmful, threatening, demeaning, abusive, harassing, defamatory, inflammatory, vulgar, obscene, libelous, fraudulent, invasive of another's privacy, hateful, or racially or ethnically objectionable (we reserve the sole right to determine what content exhibits these characteristics);
    • is lewd, obscene, contains foul language, or engages in any form of harassing whether posted privately or publicly;
    • is anti-God or is disrespectful of God;
    • contains private information of any third party including, addresses, phone numbers, and email addresses;
    • contains computer code, software viruses, or any other files or programs that could damage, destroy, interrupt, overburden or otherwise impair the Site;
    • makes use of the Site or the Service in an unlawful  way;
    • potentially infringes any patent, trademark, trade secret, copyright or other proprietary or intellectual rights of any person or entity;
    • includes unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

Privacy
We care about our Users’ privacy.  Our Privacy Policy explains the practices that apply to your information when you use the Site.  Your use of the Site signifies your consent of the information practices disclosed in our Privacy Policy.  Click here to view our Privacy Policy.

Termination
We reserve the right to discontinue or suspend the Site at any time without notice.

We reserve the right in our sole discretion to terminate your access to the Site or edit your postings on the Site.  We may refuse to post anything submitted by you, remove any posting made by you, remove your profile, or restrict, suspend, or terminate your access to all or part of the Site or the Service for any reason, or no reason, at any time in our sole discretion, with or without notice, including without limitation. Upon such suspension or termination you must immediately discontinue use of the Site. You acknowledge and agree that we shall not be liable to you or any person or entity making a claim through you for any termination or suspension of your access to the Site.

Rights in Content
We do not claim ownership rights to any material such as text, files, images, photos, video, sounds, messages, works of authorship, or any other materials (collectively, "User Content") that you display (“post”) on the Site or the Service.  You still retain full ownership rights of your User Content even after posting it to the Site or the Service. 

You are solely responsible for the Content that you post on or through any of the Services, any material or information that you transmit to other Members, and for your interactions with other Users.  We do not necessarily review Content prior to posting and any Content posted to the Site does not necessarily reflect the opinions or policies of the Site.  We make no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members. You agree that we are not liable for Content that is provided by Users.  We have no duty to pre-screen Content, but we have the right to refuse to post or to edit submitted Content.  We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material.  We may delete any Content that in our sole judgment violates this Agreement or which may be offensive, illegal or violate the rights, harms, or threatens the safety of any person, or may be too personal in nature, or defames the name of God, the Holy Spirit, or Jesus Christ. We assume no responsibility for monitoring the Services for inappropriate Content or conduct. You agree that we are not liable for Content that is provided by Users.

You represent and warrant that: (a) you either own or have permission to post any User Content that you post on or through the Site or the Service, and (b) the posting of your User Content on or through the Site or the Service does not violate the privacy rights, copyright rights, or any other rights of any other person.  You agree to repay whatever damages, royalties, or fees, that is the result of any User Content that you post on or through the Site or the Service.  You agree that we may, but are not obligated to, remove any Site Content or User Content for any reason, or no reason, at any time in our sole discretion, with or without notice, including without limitation.  You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or otherwise provide to us.

You represent and warrant that by posting User Content to any part of the Site, you automatically grant, and you have the right to grant, to us an irrevocable and transferable license to use, copy, excerpt, publicly perform, publicly display, reformat, modify, translate, and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, and to grant and authorize sublicenses of the foregoing.  This license is perpetual (meaning the license will not expire until you remove the User Content from the Site), non-exclusive (meaning you are still free to license your Content to anyone you wish to in addition to the Site), fully paid (meaning that we are not required to pay you for the use of the Content that you post), worldwide (since the Internet is global in nature) and sublicensable (in order to use internet content delivery networks and other affiliates and subcontractors in providing the Service).  By posting any User Content on or through the Site or Service, you grant us the right to make such copies as we deem necessary in order to facilitate the posting and storage of the User Content on the Site.

You may remove your User Content from the Site at any time. The license you previously granted will expire immediately after you remove your User Content from the Site.  You acknowledge, however, that we may retain archived copies of your User Content. 

The Site and the Service contain Content of Footstool Productions, LLC ("Content").  Content is protected by copyright, trademark, patent, trade secret and other laws, and Footstool Productions, LLC and retains all rights in the Content and the Service. We hereby grant you a limited, revocable, non-transferable, nonsublicensable license to access and use the Site strictly in accordance with this Agreement and to reproduce and display the Footstool Productions, LLC Content (with the exclusion of any software code) solely for your personal, non-commercial use in connection with viewing the Site and using the Service.

Warranties and Disclaimers
Your use of the website is at your own risk. Neither we nor any other party involved in creating, producing or delivering the website is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, or browsing in the website. This includes damages to, or arising out of viruses that may infect your computer equipment or other property. We do not represent or warrant that software, Content or materials on the Site or the Service are complete, accurate, reliable, current or error-free or that the Site, the Service, or its servers are free of viruses or other harmful components. You are advised to take proper precautions such as using industry-recognized software to detect and disinfect viruses before using or downloading any such software, Content or materials.  Without limiting the foregoing, you understand and agree that you download or otherwise obtain Content, material, data or software (including any mobile client) from or through the Service at your own discretion and risk and that you will be solely responsible for your use thereof and any damages to your mobile device or computer system, loss of data or other harm of any kind that may result. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of our Site or Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with our Site or Service. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the our Site or Service, attendance at an event held by us, from any Content posted on or through the our Site or Service, or from the conduct of any Users of our Site or Service, whether online or offline. Without limiting the foregoing, everything on the Web site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. For maintenance or other reasons, the Site or the Service may be temporarily unavailable for a period of time.  We reserve the right to change any and all Content, software and other items used or contained in the Site and any Services and Platform Applications offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.  We cannot guarantee and do not promise any specific results or answers to prayers from use of the Site or the Service. Your use of information and resources on the Site or Sites linked to or from the Site is entirely at your own risk. 

We are not responsible or liable in any manner for any User Content or Third Party software or Content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. We put in place rules of conduct which Users are required to abide by, however we are ultimately not responsible for the conduct of any user of the Site or the Service, whether online or offline.  We do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any inappropriate, offensive, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party software or Content. 

In any case where a User has posted a link to another website on the Site, we are not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on the Site does not imply our approval or endorsement of the linked website. When you access these third party sites, you do so at your own risk. We take no responsibility for third party advertisements or services which are posted by Users on the Site, other sites linked to the Site, or through the Site's Service.   

Liability Limitations .
In no event will Footstool Productions, LLC, its directors, employees, or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including any damages resulting from reliance on the materials presented or any lost profits or lost data arising from your use of the Site or the Service, even if we are aware or have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our 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 us for the Service during the term of membership. You acknowledge that if no fees are paid to us for the Service, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from us, regardless of the cause of action.

Indemnification
You agree to indemnify, defend and hold us, and all our officers, members, managers, directors, owners, agents, employees, information providers, contractors, partners, licensors, licensees, and other affiliated companies (collectively, the "Indemnified Parties") harmless from and against any and all loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees made by any third party due to or arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site, your use of the Site or the Service, your conduct in connection with the Site or the Service or with other users of the Site or the Service, or any violation of this Agreement or of any law or the rights of any third party.  You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which you will cooperate with us in asserting any available defenses and you shall not in any event settle any matter without our written consent.

Security
We do not desire to receive confidential or proprietary information through this Site. Your personal identifying information will be maintained by us in accordance with our Privacy Policy. Any other information sent to us will be deemed NOT CONFIDENTIAL.

You agree that we are free to use any links to additional resources or Third Party Providers, along with any ideas, concepts, or techniques that you send to us for any purpose, including, but not limited to, developing, manufacturing, and marketing products that incorporate such ideas, concepts, or techniques.   

Currently, we do not require any payments for access to our Members' area, and therefore do not protect or secure credit card or other payment transactions. We may provide links to third party providers' websites that require such payments, but we do not accept any liability for the security of credit card or other data transmitted to such third parties.

Intellectual Property
The information on this Site is protected by copyright. Except as specifically permitted, no portion of this Site may be distributed or reproduced by any means, or in any form, without our prior written permission.
COPYRIGHT NOTICE: The absence of a name or logo in this Agreement does not constitute a waiver of any intellectual property rights that we have established in any of our material, features, or service names or logos. We reserve all intellectual property rights, including all copyrights and trademark rights.

It is prohibited User conduct to upload, post, or otherwise transmit any material or content on the Site or the Service that violates another person’s trademarks, copyrights, or other intellectual property rights.  We do not knowingly provide links to resources, websites or other materials that violate the trademarks, copyrights, or other intellectual property rights of third parties. 

Notices, How To Contact Us
All notices to you required or permitted under this Agreement may be sent to you at the last email address you submitted to us, or by regular mail to your last-submitted physical address, if any. You are solely responsible for contacting us with any changes in your contact details. Notices to us shall be submitted to such other address as we may provide at this Site from time to time.  

Governing Law, Venue and Jurisdiction
You agree that these Terms of Use and any dispute that might arise between you and us or any of our affiliates, shall be governed and construed in accordance with the laws of the State of Alabama without regard to principles of conflict of laws. Any controversy or claim arising out of or relating to this Agreement, the Privacy Policy, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator(s) will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. Any decision rendered by the arbitrators shall include findings of fact and conclusions of law. The arbitration shall take place in Birmingham, Alabama, and shall be conducted in the English language. Either party also may, without waiving any remedy under this Agreement, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal's determination of the merits of the controversy).

Disputes Between Users
You are solely responsible for your conduct on the site including your interactions with other Users. We reserve the right to monitor any dispute that arises between you and other Users.  We, however, have no obligation to monitor such disputes.

Modifications
We reserve the right to change or modify any provision of this Agreement at any time in our sole and exclusive discretion. You also may be subject to additional terms and conditions that may apply when you use third party provider content or third party software.

Miscellaneous
These Terms of Use supersede all discussions, communications, conversations and agreements concerning the subject matter hereof. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
 

Severability
If any provision of this Agreement shall be held or made invalid or unenforceable by a court decision, statute, rule, or otherwise, the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the remaining provisions of this Agreement shall stay in full force and not be affected thereby.

 

 


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