We Adore Him Terms of Service Agreement
By signing up for or using We Adore Him, you agree to be bound by the terms and conditions of this agreement, which may be modified from time to time. If you do not agree to these terms and conditions, you may not use these Services.
1 - Agreement
This Terms of Service Agreement (the "Agreement") is between you and ON FIRE MEDIA, INC d/b/a We Adore Him ("we", "us", or "our") and applies to your use of our We Adore Him platform ("Platform"), collectively the "Service" or "Services". As used herein, "You" (and "you") and "Your" (and "your") refer to your organization ("Organization") such as a Catholic parish, ministry, or other organization, and those using the Services on behalf of the Organization ("Users" ). "Website" refers to the website that you utilize using the Services.
We may modify the terms of this Agreement or Platform at any time. We will post the amended Agreement to our Platform and send an email notification to the user who signed up for the Services of any Material Changes. A "Material Change " is limited to any change that involves an increase in fees or liability to you. If you do not accept a change to this Agreement or the Services offered, your sole remedy is to contact us to cancel your use of the Service. The date that this Agreement was last modified is listed at the bottom of the Agreement.
2 - Description of Services
We Adore Him enables your Organization to manage the signup and scheduling of adoration chapel visitors, which includes a proprietary user, calendar, and notification management system and platform online web hosting. We Adore Him provides You with a non-exclusive, non-transferable, limited license ("Subscription") to use the Services, which You agree to use in accordance with this Agreement. The Subscription shall be in effect so long as You pay your Subscription fee and any other fees and costs you owe us, and so long as the Services have not been terminated by We Adore Him or you. You may not sub-license or charge others to use or access the Services without first obtaining written permission from We Adore Him.
3 - Intellectual Property
You may use the Services only for their intended purpose as outlined above under "Description of Services." Any other use is strictly prohibited.
Unless otherwise specified in this Agreement, On Fire Media and/or its suppliers own all rights, title, and interest (including all intellectual property rights) in and to the Services, Sites, Platform, and software, technology, text, data, information, graphics, video, audio, documents, files, and web pages used to make available and in connection with the Services (collectively, “We Adore Him Software "). The Services and We Adore Him Software are protected to the maximum extent permitted by copyright laws, patent laws, trademark laws, and international treaty provisions. Any reproduction, modification, or creation of derivative works from or redistribution of the Services or We Adore Him Software is expressly prohibited. The Services and We Adore Him Software, their structure, sequence and organization and source code are considered trade secrets of We Adore Him and/or its suppliers and are protected by trade secret laws. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Services or We Adore Him Software.
“We Adore Him", “ON FIRE MEDIA, INC”, and other related logos, graphics, designs, icons, scripts, and service names are trademarks, registered trademarks, or service marks of We Adore Him and/or its suppliers (collectively, "Trademarks "), and may not be copied, reproduced, or distributed in any way without prior written consent from We Adore Him. You will notify We Adore Him of any violations of its intellectual property rights that you become aware of, in writing or by email.
4 - Payment Terms
For use of the Services, You agree to pay We Adore Him in advance for all applicable fees incurred by You in connection with your use of the Services. Payments may be made monthly automatically via credit/debit card, or monthly via Check or ACH (electronic check). You will notify We Adore Him of any changes to Your credit card or ACH information; otherwise, Your access to the Services may be suspended or interrupted. Should your bank or credit card company charge us any fees such as, but not limited to, insufficient funds "NSF" or rejection fees or reversal fees, you will be responsible for these fees. All fees shall be paid in U.S. dollars.
Your failure to pay the applicable fees related to the Services and/or any other amounts due at the time of collection will be a breach of this Agreement. We Adore Him reserves the right to deactivate or cancel your use of the Services due to unpaid fees and such deactivation or cancellation will result in the suspension of use of the Services, the Website, and all images on the Website that originated from the use of the Services will be deleted. You will be liable for our costs associated with the collection of any unpaid fees, including but not limited to attorneys’ fees, court costs, and collection agency fees. We Adore Him reserves the right to change any fees or billing methods at any time related to the Services. However, such modifications shall not take effect earlier than thirty (30) days after We Adore Him posts such modification on the We Adore Him website (https://WeAdoreHim.com).
5 - Termination
You may terminate this Agreement by canceling the Services at any time by contacting us. We may terminate this Agreement and cancel the Services for any reason at any time upon notice to you. You agree that any applicable fees related to the Services or other amounts due to us as outlined in this Agreement, or that you have a legal obligation to pay us, will be due and payable upon termination of this Agreement. We may also suspend your use of the Services as outlined in the Payment Terms of this Agreement, or for any other reason, at any time. Upon termination of this Agreement by you or us, no full or partial refunds for previous payments will be issued. Sections 3, 5, 6, 7, 11, 17, 18, 19, 20, 21, 22, and 27 of this Agreement will survive and remain in effect upon the termination of this Agreement.
6 - Your Content
You, and not We Adore Him, are entirely responsible for all content that you create on, post to, or upload to the Website via the Platform, including information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (collectively, "Your Content"). In connection with Your Content, You, and not We Adore Him, are also responsible for compliance with all laws, regulations and ordinances connected with all aspects of your substantive use of the Platform and Services (excluding any responsibility for the Platform or any related proprietary material provided by We Adore Him). You shall not use the Platform for any illegal purpose in violation of any local, state, federal or international law. You must provide all required and appropriate warnings, information and disclosure, comply with all applicable laws and regulations, and take all other required and appropriate actions (collectively, "Information and Actions") in connection with Your substantive use of the Platform and Services. If the Services do not provide adequate facility or features for You to provide such Information and Actions, then You shall not use the Services.
7 - Third Party Services
For Your convenience, the Platform contains some services from third party providers such as text messaging and automated audio phone calls. We Adore Him is not and will not be responsible for (i) any insufficiency of or problems with any such third party's background, insurance, credit or licensing, or (ii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that You have a dispute with any such third party, You release We Adore Him (and its affiliates, suppliers, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
8 - Prohibited Actions on Website
We Adore Him does not control Your Content posted via the Services and as such, does not guarantee the accuracy, integrity or quality of such content. We Adore Him reserves the right, but is not obligated, to review Your Content posted via the Services and may remove any such materials at its sole discretion, with or without notice, at any time.
All of Your Content must be "Church appropriate" as determined by We Adore Him and in accordance with the teachings of the Catholic Church. We Adore Him reserves the right to remove all "inappropriate" content and/or materials from the Website as determined by We Adore Him, including but not limited to inappropriate pictures, documents, text, or other files, as well as any content that is not in accordance with the teachings of the Catholic Church.
We Adore Him also reserves the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part, from the Website at the sole discretion of We Adore Him.
You agree that (i) We Adore Him is not responsible and assumes no liability for any content stored, transmitted or displayed by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, vulgarity or profanity you may encounter through use of the Website; (ii) all content that is uploaded, downloaded, stored, published, transmitted, reproduced, displayed or distributed on the Website is the sole responsibility of the person who uploaded, downloaded, stored, published, transmitted, reproduced, displayed or distributed it; (iii) downloading and uploading content to the Website is done at your own risk (and We Adore Him makes no warranties regarding the security of your content, which may be deleted, modified, or damaged, and you are solely responsible for any loss or damage to your files or to your computer that may result in whole or in part from your use of the Website); (iv) by providing access to content on the Website, We Adore Him is not providing you with permission to copy, display or distribute material for which you do not own the copyright (and you may not copy, display or distribute such material without the written consent of the copyright owner, and you are solely responsible for any copyright violations that you may incur as a result of your activities on the Website).
With respect to Your Content on the Website, You agree NOT to:
a) post, upload or otherwise transmit any content which is misleading to others or impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity to others, including, but not limited to, consumers;
b) post, upload or otherwise transmit any content that is inappropriate, harmful to minors, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, hateful, or racially objectionable;
c) post, upload or otherwise transmit any content that You do not have a right to post and transmit under any law or under contractual or fiduciary relationships (such as information learned or disclosed as part of employment relationships or under nondisclosure agreements);
d) post, upload or otherwise transmit any content, such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;
e) post, upload or otherwise transmit any materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment and/or attempt to access the accounts of others, or attempt to penetrate security measures of We Adore Him, its vendors or suppliers or other entities' systems ("hacking"), whether or not the intrusion results in corruption or loss of data;
f) post, upload or otherwise transmit any materials that impose an unreasonable or disproportionately large load on We Adore Him’s infrastructure that exceed the limits provided by the Services for which You registered;
g) post, upload or transmit any unsolicited or unauthorized advertising, promotional materials that are considered by law "spam," "chain letters," or "pyramid schemes”;
h) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
i) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities Exchange Commission, any rules of national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
j) forge any headers or other manipulation of identifiers in order to disguise the origin of any content transmitted through the Services;
k) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals; or
l) sell, distribute, disseminate or link to any sites for marketing, sales, distribution of: firearms, explosives, ammunition, liquor, tobacco products and any other products or services that (i) You cannot legally sell, (ii) are misrepresented, and/or (iii) if sold via the the Website could cause We Adore Him to violate any law, statute or regulation.
9 - Acceptable Use of Services
We Adore Him depends upon its own and third party, including registry administrators, computer systems to provide the Services. Occasionally, these computer systems are subjected to exceptional volumes of incoming data, service requests, processes, and electronic mail messages, that result in significant degradation of system processing and response time. Regardless of the reason, in those instances when there is system performance degradation, We Adore Him reserves the right, in its sole discretion, to filter or block electronic messages, data and/or processes originating from or traveling to the identified sources of the high volume traffic. We Adore Him will attempt to selectively restore service after system performance returns to normal limits, provided that such restoration does not result in an adverse impact on the system. We Adore Him further reserves the right to permanently filter or block repeated sources of high volumes of electronic traffic.
10 - Communications
By using the Services, you consent to receive electronic communications from us. These electronic communications may include notices about applicable fees and charges and other information concerning or related to the Services. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. Your continued consent is required to use the Services. To withdraw your consent, you will need to cancel your use of the Services.
11 - Privacy
Through the use of the Services, you may receive information or insight relating to us or to the Services that is not known to the general public ("Confidential Information"). You agree that all Confidential Information is the exclusive property of We Adore Him and that you will not disclose Confidential Information to any individual, company, or another third party.
12 - Security
You are responsible for maintaining the secrecy, security, and confidentiality of your account and password information. You shall be responsible for any consequences of the use or misuse of such account and password. You will notify We Adore Him of any breach in security or unauthorized use of the Services that you become aware of within 24 hours of your awareness of such activities.
13 - Right to Refuse Services
We Adore Him reserves the right to refuse to provide the Service or any service to any party for any reason.
14 - Modification of Services
We Adore Him reserves the right, at its sole discretion, to, at any time, modify, or discontinue any Services, temporarily or permanently, including the imposition of limits on certain features or restriction of access to parts or all of the Services, with or without notice. As long as Your account is current, Your Services will be automatically updated with general updates. We Adore Him reserves the right to charge additional fees for optional services and add-ons that are not included with Your original Subscription.
15 - Our Use of the Services on Your Behalf
We may from time to time access the Services on your behalf using our master accounts, and at your request, perform operations within the Services on your behalf. Examples include, but are not limited to, assisting you in resolving an issue or correcting an error.
16 - Customer Support
Customer support is limited to issues related directly to the delivery of the Services. Customer support does not design or make changes to Your Website for You except through the purchase of our additional services. Customer support is not provided for third-party programs, products, software or services. Customer support is available 8:00 a.m. to 5:00 p.m. CST, Monday through Friday, via phone or email.
17 - Disclaimer of Warranties
THE SITES, THE PLATFORM, THE WE ADORE HIM SOFTWARE, AND THE SERVICES ARE PROVIDED "AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS”, AND WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. We Adore Him DOES NOT WARRANT THAT THE SITE, THE PLATFORM, THE WE ADORE HIM SOFTWARE, OR THE SERVICES WILL MEET YOUR REQUIREMENTS; WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OPERATE WITHOUT ERROR; THAT DEFECTS WILL BE CORRECTED; WILL CONTAIN ANY PARTICULAR FEATURES OR FUNCTIONALITY; OR THAT THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. We Adore Him IS NOT RESPONSIBLE FOR ANY CONTENT OR MATERIAL LOST ON THE WEBSITE DUE TO NATURAL OR UNNATURAL CAUSES, INCLUDING BUT NOT LIMITED TO SERVER CORRUPTION OR MALFUNCTION, SERVER DESTRUCTION BY NATURAL OR UNNATURAL CAUSES, OR ANY OTHER REASON UPON WHICH SERVICES AND/OR PRODUCTS PROVIDED BY We Adore Him ARE INTERRUPTED OR ENDED. We Adore Him DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND ALL SERVICES AND PRODUCTS MADE AVAILABLE BY We Adore Him. We Adore Him IS NOT RESPONSIBLE FOR THE CONTENT OF ANY SITES THAT MAY BE LINKED TO THE WEBSITE. THE LINKED SITES ARE FOR YOUR CONVENIENCE ONLY, AND YOU ACCESS THEM AT YOUR OWN RISK. UPON THE CANCELLATION OR TERMINATION OF ANY OR ALL SERVICES OR PRODUCTS PROVIDED TO YOU BY We Adore Him, We Adore Him WILL MAINTAIN OWNERSHIP OF ALL CONTENT AND INFORMATION CONTAINED WITHIN THE DATABASE THAT POPULATES THE WEBSITE.
18 - Limitation of Liability
We Adore Him AND OUR EMPLOYEES, OWNERS, SUPPLIERS, AGENTS, AFFILIATES, AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, OUR SITES, THE WE ADORE HIM SOFTWARE, THE PLATFORM, THE SERVICES (INCLUDING THE INABILITY TO USE THE SERVICES), THE WEBSITE, ANY APPLICATION USING OUR SERVICES, OR ANY SERVICES OR GOODS PURCHASED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES. IN NO EVENT WILL AGGREGATE LIABILITY OF US OR OUR EMPLOYEES, OWNERS, SUPPLIERS, AGENTS, AFFILIATES, AND REPRESENTATIVES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF SERVICE FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICE DURING THE MONTH OF THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY FAILURE OR DELAY BY US (OR OUR EMPLOYEES, OWNERS, SUPPLIERS, AGENTS, AFFILIATES, AND REPRESENTATIVES) IN PERFORMING OUR OBLIGATIONS UNDER THIS AGREEMENT, REGARDLESS OF WHETHER THE FAILURE OR DELAY IS CAUSED BY AN EVENT OR CONDITION BEYOND OUR CONTROL. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR ANY DISPUTE OR CLAIM AGAINST We Adore Him IS TO CANCEL YOUR SUBSCRIPTION TO THE SERVICES. THIS PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT. We Adore Him IS NOT RESPONSIBLE FOR ANY IMAGES, DOCUMENTS, CONTENT, OR OTHER INFORMATION OR FILES THAT ARE PUBLISHED TO THE WEBSITE. ALL IMAGES, DOCUMENTS, CONTENT, AND OTHER INFORMATION OR FILES POSTED TO THE WEBSITE MUST BE “CHURCH APPROPRIATE” AS DETERMINED BY We Adore Him AND IN ACCORDANCE WITH THE TEACHINGS OF THE CATHOLIC CHURCH. We Adore Him RESERVES THE RIGHT TO REMOVE ALL “INAPPROPRIATE” CONTENT AND/OR MATERIAL FROM THE WEBSITE AS DETERMINED BY We Adore Him, INCLUDING BUT NOT LIMITED TO INAPPROPRIATE PICTURES, DOCUMENTS, TEXT, OR OTHER FILES, AS WELL AS ANY CONTENT THAT IS NOT IN ACCORDANCE WITH THE TEACHINGS OF THE CATHOLIC CHURCH.
19 - Indemnification
You agree to indemnify and hold harmless We Adore Him and its employees, owners, suppliers, agents, and representatives (collectively, the "Indemnified Parties") from any and all claims and demands, losses, costs, damages, judgments, tax assessments, interest, and expenses (including, but not limited to, reasonable attorneys' fees), incurred by an Indemnified Party arising out of or related to (i) Your breach of this Agreement; (ii) your wrongful or improper use of the Services; (iii) any information submitted, posted, or otherwise provided by You on Your Website or to We Adore Him; (iv) any dispute or litigation between an Indemnified Party and a third party caused by your actions; or (v) your negligence or violation or alleged violations of any rights of another. These obligations will survive any termination of this Agreement or the Services. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of We Adore Him or its employees, owners, suppliers, agents, and representatives.
20 - Governing Law
This Agreement shall be governed by the laws of the State of Missouri without regard to its choice of law provisions. For any nonarbitral action or proceeding, the parties submit to the exclusive jurisdiction and venue of St. Louis County, Missouri. If any term or provision of this Agreement should finally be construed as unenforceable, then the remaining provisions shall remain in full force and effect and shall be binding upon the party to be charged.
21 - Force Majeure
Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott, provided that the party relying upon this section shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, We Adore Him may immediately terminate this Agreement and shall have no liability therefore.
22 - No Waiver
Our failure to exercise or delay in exercising any right, power or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof.
23 - No Agency
You agree that nothing in this Agreement is intended to or creates any type of joint venture, agency, partnership, employee-employer, creditor-debtor, escrow, or any fiduciary relationship between you or us.
24 - Severability
If any provision of this Agreement is found invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect as the original provision; the remainder of this Agreement will remain in full force and effect.
25 - Modification of Agreement
You agree that We Adore Him may modify this Agreement, as well as any additional rules or policies that are or may be published by We Adore Him, as necessary to comply with agreements with third parties now or in the future or for any other reason. Your sole and exclusive remedy if You do not agree with any modification of this Agreement shall be to stop using the Services. If you continue to use the Services, you are bound by any modifications to this Agreement.
26 - Entire Agreement
This Agreement contains the entire policy between you and We Adore Him with respect to the use of the Services outlined in this Agreement. It supersedes all prior or contemporaneous representations, understandings, and any other oral or written agreements between the parties with respect to such subject matter.
27 - Contact and Notification Information
Please direct all correspondence and notices related to this Agreement to the following address.
On Fire Media
24165 I-10 West
San Antonio, TX 78257
Phone: +1(210) 504-7604
E-mail: [email protected]
Agreement Last Modified: September 20, 2018