PRAYABLES.com

Terms of Use Agreement

Prayables.com (“Prayables” or “we”) is a free online prayer community that offers women short inspirational prayers that reflect a woman's story.  Prayables allows users to store information such as text, files, images, photos, video, sounds, musical works, works of authorship and other materials (collectively, “Content”), and to share such Content with the general public. The services offered by Prayables include the Prayables website (the "Site"), and any other features, content, or applications offered from time to time by Prayables in connection with the Site (collectively, the "Prayables Services").  The Site and the Prayables Services are owned by Prayables.

This page states the Terms of Use Agreement (“Agreement”) under which you may use the Site and the Prayables Services offered on the Site.  This Agreement is retroactively effective to February 26, 2010 and applies to all current and future Visitors and Subscribers (as defined herein).  Please read this Agreement carefully. If you do not accept this Agreement, please do not use this Site.  By using this Site and/or the Prayables Services, you agree to be bound by this Agreement, whether you are a “Visitor” (meaning you simply browse the Site) or you are a “Subscriber” (meaning you have created an Account in order to receive Content from, or share Content on, the Site).  In order to participate in certain Prayables Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Prayables Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. Prayables may, in its sole discretion, revise this Agreement at any time.  Prayables will use reasonable efforts to notify you of any material changes to this Agreement; however, you should visit this page periodically to review it.

 I.    User Eligibility

Use of the Site and the Prayables Services is void where prohibited. By using the Site and the Prayables Services, you represent and warrant that (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Prayables Services does not violate any applicable law or regulation. Your Account may be deleted and your Subscriber status terminated without warning if we believe that you are less than 13 years of age.  The Site and the Prayables Services are for personal use only.

 II.   Term

This Agreement shall remain in full force and effect while you use the Site or are a Subscriber.  You may terminate your Subscriber status at any time, for any reason, by contacting us by e-mail at subscriptions@prayables.com with your cancellation request. Prayables may terminate your Subscriber status at any time, without warning. Even after your Account is terminated, this Agreement will remain in effect.

III.   Intellectual Property Policy

When using this Site, Prayables requires Visitors and Subscribers to respect the intellectual property rights we have in the Site’s contents, such as text, graphics, images and other content (the "Site Material").  Prayables also requires Visitors and Subscribers to respect the intellectual property rights others when submitting Content or viewing a Subscriber’s online personal profile.

Prayables hereby grants you a limited, revocable, nonsublicensable license to view and download a single copy of the Site Material for your personal use. Unauthorized use of the Site Material violates copyright, trademark, and other laws. You agree to retain all copyright and other proprietary notices contained in the original Site Material on any copy you make of such material. You may not sell or modify our Site Material or reproduce, display, distribute, or otherwise use the Site Material in any way for any public or commercial purpose. Use of the Site Material on any other web site or in a networked environment is prohibited.  The names, marks and logos appearing on the Site or included in the Site Material are, unless otherwise noted, trademarks owned by or licensed to Prayables.

With respect to Content you submit to Prayables, you represent and warrant at all times during the term that: (i) you own such Content or otherwise have the right to grant the license set forth in section IV(a) below (ii) submission of your Content to Prayables does not violate any copyright, trademark, trade secret or other intellectual property right of any third party (iii) you have obtained permission from each person (or, if applicable, their parent/guardian) appearing in any photograph and/or visual image you submit to Prayables as part of your Content (iv) submission of your Content to Prayables does not violate the privacy rights, publicity rights, or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content submitted by you to Prayables.

Prayables also contains the Content of Subscribers and other Prayables licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Prayables Services.

It is the policy of Prayables to terminate the Subscriber status of Subscribers who repeatedly infringe the copyright rights of others upon our receipt of proper notification from the copyright owner or the copyright owner's legal agent.  We ask all Subscribers to inform us immediately if they have reason to suspect that any material submitted by a Subscriber infringes someone’s intellectual property rights.

If you believe your copyrighted work has been submitted to Prayables in a way that constitutes copyright infringement, please provide our designated Copyright Agent with your name, address, phone number, and email address, along with a statement that the infringing material is being used without consent. Prayables’s designated Copyright Agent for notice of claims of copyright infringement can be reached as follows:

Susan Diamond
1101 Perimeter Drive Suite 760
Schaumburg, Illinois 60173
Email: susan.diamond@prayables.com

IV.  Rights and Responsibilities Regarding Content Posted on the Site or Through Prayables Services

a   License for Content Submitted to Prayables

Prayables does not claim any ownership rights in the Content that you display or publish (“post”) on the Site or through the Prayables Services.  Except for Content you choose to sell to Prayables through the Prayables Services, you continue to retain all ownership rights in such Content and continue to have the right to use it in any way you choose.  By posting your Content on the Site or through the Prayables Services, however, you hereby grant to Prayables a non-exclusive, sublicensable, fully–paid up, royalty-free, worldwide license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on the Site and through Prayables Services. You are free to license your Content to anyone else in addition to Prayables.

This license enables Prayables to provide many of the Prayables Services desired by Visitors and Subscribers, including the ability to display pictures and prayers as well as the ability publicly perform videos, music and other multimedia works uploaded to the Site.  The foregoing license you grant to Prayables means: (1) Prayables is not obligated to pay you for the Content you post; (2) Prayables may share your Content with its affiliates and subcontractors in order to provide the Prayables Services; (3) because of the nature of the Internet, Prayables use of your Content is not geographically restricted.  This license will terminate at the time you terminate your Account or remove your Content from Prayables.  This license does not grant Prayables the right to sell or license your Content, nor does the license grant Prayables the right to distribute your Content outside of the Prayables Services.

b.   Prohibited Content

The following is a partial list of the kind of Content that is illegal or prohibited to post on the Site or through the Prayables Services. Prohibited Content includes, but is not limited to Content that Prayables, in its sole discretion, reasonably believes:

1.is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual

2.harasses or advocates harassment of another person;

3.exploits people in a sexual or violent manner;

4.contains pornography, violence, or offensive subject matter or contains a link to an adult website;

5.solicits personal information from anyone under 13;

6.promotes information that is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

7.promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

8.includes an image or photograph of another person that you have posted without that person's consent;

9.includes the medical/health/genetic records of individuals from whom no authorization to post such information has been obtained.

c.   Prohibited Activities

The following is a partial list of the kind of activity that is illegal or prohibited on the Site and through your use of the Prayables Services. Prohibited activity includes, but is not limited to:

1.criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

2.covering or obscuring the banner advertisements on your online personal profile page, or any page of the Site via HTML/CSS or any other means;

3.any automated use of the system, such as using scripts to add Subscribers or send comments or messages;

4.interfering with, disrupting, or creating an undue burden on the Prayables Services or the networks or services connected to the Prayables Services;

5.attempting to impersonate another Subscriber or person;

6.using the Account, username, or password of another Subscriber at any time or disclosing your password to any third party or permitting any third party to access your account;

7.selling or otherwise transferring your Account;

8.using any information obtained from the Prayables Services in order to harass, abuse, or harm another person;

9.displaying an advertisement on your online personal profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Prayables Services on behalf of that person; or

10.using the Prayables Services in a manner inconsistent with any and all applicable laws and regulations.

d.   Removal of Subscriber Content/Termination of Accounts

Prayables may remove any Content that, in its sole judgment, violates this Agreement or may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Prayables may also terminate the Accounts of Subscribers and prevent their further access to the Site for violating this Agreement or the law.  Prayables also reserves the right to investigate and take appropriate legal action against anyone who, in Prayables's sole discretion, violates in subsections (b) and (c) of this section, including without limitation, reporting such violations to law enforcement authorities.  The violation of any of the terms and conditions set forth in this Agreement shall result in the immediate revocation of your right or license to use the Site Material and obligates you to immediately destroy any copies of the Site Material in your possession.

Despite the prohibitions in subsections (b) and (c) of this Section, Content provided by other Prayables Subscribers (for instance, in their online personal profiles) may contain inaccurate, inappropriate, offensive or sexually explicit material, products, services or activities, and Prayables assumes no responsibility for monitoring the Prayables Services for inappropriate Content or conduct. If at any time Prayables chooses, in its sole discretion, to monitor the Site or Prayables Services, Prayables nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the Subscriber or Visitor submitting any such Content.

e.   Privacy/Security of Subscriber Content

While we encourage you to post Content on the Site, or through Prayables Services, that you would like to share with the general public and other Subscribers in accordance with Prayables’s above stated purpose, you must choose carefully the Content you choose to post.  You are solely responsible for the Content that you post on the Site or through the Prayables Services, and any material or information that you transmit to other Visitors and Subscribers.

Prayables assumes no responsibility for the use or misuse of any Content you post on the Site or through Prayables Services.  Prayables has no obligation to use, or solicit/enable others to use, for any purpose, any Content you post on the Site or through Prayables Services.

Content is not reviewed by Prayables prior to posting and does not reflect the opinions or policies of Prayables. Prayables makes 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 Subscribers. Prayables cannot be responsible for the security or privacy of your Content, nor does Prayables guarantee the security or privacy of your Content.  For more information, see our Privacy Policy.

f.    Retention of Subscriber Content

Prayables shall retain any Content you post on the Site or through Prayables Services for the duration of your Subscriber status unless Prayables deems such Content to be violative of this Agreement or until such time as you decide to remove such Content from your Account.  Content posted on the Site that Prayables deems to be in violation of this Agreement will be immediately and permanently deleted.  Termination of your Subscriber status, whether done by you or Prayables, shall result in the immediate and permanent deletion of any Content you have posted on the Site unless you have shared your Content with others on Prayables and they have not deleted it.  You understand that backup copies of deleted Content may persist for a reasonable period of time in backup copies but will not be available to others.

V.   Compliance With Laws

You agree to comply with all applicable local, state, national and international laws, rules and regulations, including without limitation, laws governing online conduct and the unlawful export of software or technical data to restricted individuals or countries.

VI.  Communications With You

Prayables may communicate with you via email regarding your use of the Site or your submission of Content.  You agree to receive emails from Prayables, or its designee, necessary for the normal functioning of the Site or in connection with the Prayables Services.

VII.  Limitation of Liability

You understand and agree that Prayables shall not be liable for any direct, indirect, special, consequential, incidental or punitive damages, (including without limitation damages resulting from lost data) resulting from the use or inability to use material on this site, whether based on warranty, contract, tort, or any other legal theory, and whether or not Prayables is advised of the possibility of such damages.

VIII.  Disclaimer of Warranties

Although Prayables strives for accuracy in all elements of the Site, it may contain inaccuracies or typographical errors.  Prayables cannot be responsible for the violation of these terms by Visitors or Subscribers, or for the reliance by Visitors or Subscribers upon false or misleading Content submitted by other Visitors or Subscribers.  Prayables makes no representations about the accuracy, reliability, completeness, or timeliness of the material on this Site or about the results to be obtained from using the Site or from relying on its material. You use the Site, the prayables services and the site material at Your own risk.

The Site and the personal profiles created by Subscribers on the Site may contain links to other websites. Prayables is 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 Prayables. Inclusion of any linked website on the Site does not imply approval or endorsement by Prayables of the linked website. When you access these third-party sites, you do so at your own risk.  Prayables is not responsible for the conduct, whether online or offline, of any Subscriber or Visitor using the Site or the Prayables Services.

Prayables does not warrant that (i) the Site will operate error-free (ii) the Site and its web servers are free of computer viruses, worms or other harmful material (iii) the quality of any products, services, information or other material obtained by you through the Site or in connection with the Prayables Services will meet your expectations (iv) the Site will operate in perpetuity.  Prayables assumes no responsibility or liability for any lost data, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Visitor or Subscriber communication. Prayables is not responsible or liable 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 due to technical problems or traffic congestion on the internet or on any of the Prayables services or combination thereof, including any injury or damage to a VISITOR’S OR Subscriber’s computer or to any person's computer related to or resulting from participation or downloading materials in connection with the Prayables services. Under no circumstances shall Prayables, its officers, directors, employees or agents be responsible for any loss or damage, including personal injury or death, resulting from use of the Site or the Prayables Services, from any Content posted on the Site or through the Prayables Services, or from the conduct of any Subscriber or Visitor using the Site or the Prayables Services, whether online or offline.  If your posting of Content and use of the Site or the Site Material results in any costs or expenses, including, without limitation, the need for servicing or replacing equipment, data, and submitted Content, Prayables shall not be responsible for those costs or expenses.

YOUR USE OF THIS SITE, THE SITE MATERIAL AND THE Prayables SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.  Prayables, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.

IX.  Indemnity

By using the Site, the Site Materials and the Prayables Services, you agree to defend, indemnify, and hold harmless Prayables, its officers, directors, employees and agents, from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that Prayables may become obligated to pay arising or resulting from your use of the Site, the Site Material, the Prayables Services, or your breach of this Agreement. Prayables reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.

X.   Governing Law

This Agreement is governed by the substantive laws of the State of Illinois, without regard to its conflict of laws principles. You agree to submit to the jurisdiction of the courts situated in Illinois with respect to any dispute, disagreement, or cause of action related to or involving the Site, the Site Material or the Prayables Services. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided elsewhere on the Site, this Agreement constitutes the entire agreement between you and Prayables with respect to your use of this Site, the Site Material and the Prayables Services.

Please consult our Privacy Policy for additional terms and conditions that apply to your use of and access to the Site