Please read these Terms of Use (hereinafter, “Terms of Use”) carefully to ensure you fully understand each and every provision. These Terms of Use constitute a legally binding agreement made between you, individually or on behalf of an entity (hereinafter, “you”) and SouthBrook City Lights, a social network application owned and operated by SouthBrookChristian Church (hereinafter, “City Lights”, “us”, “our” or “we”). These Terms of use require the use of binding arbitration on an individual basis to resolve any dispute, rather than jury or bench trials or class actions (Section XIV), and also limits the remedies available to you in the event of a dispute (Section XI). IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHBITED FROM USING OUR SERVICE.
I. Your Acceptance
A.Welcome to SouthBrook City Lights, a social network application owned and operated by SouthBrook Christian Church (hereinafter, “City Lights”, “us”, “our” or “we”). The City Lights mobile application, website, software and/or mobile or online services (collectively referred to as the “Service”) is being provided to you subject to these Terms of Use. The term “you” is used throughout theses Terms of Use and represents the person who is utilizing the Service, in any form or fashion; however, in the event this person is under the age of eighteen (18) years of age, the term “you” also refers to the person’s parent or legal guardian. By using, utilizing or accessing the Service in any way, you signify your acceptance and agreement to be bound by (1) these Terms of Use and (2) our Privacy Policy. All provisions of our Privacy Policy are specifically incorporated herein by reference. If you register for a City Lights account, additional rules, policies, terms, conditions and disclaimers may apply.
B.We may update these Terms of Use from time to time in our sole and absolute discretion without notice. Any changes, revisions, modifications or amendments to theseTerms of Use will be effective immediately upon posting. Although we may try and notify you when major changes are made to these Terms of Use, we are under no obligation to do so and you are responsible for staying informed of any changes to these Terms of Use and should periodically review the Terms of Use page for the most up-to-date version. Each time you use or access our Service, you reaffirm your acceptance of the then-current Terms of Use, and your agreement to be bound hereby. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits, unless expressly stated. These Terms of Use will be accessible within the Service and will apply to all of your activity and use of the Service.
C.You understand that your use of the Service is a privilege, not a right. As such, your use of the Service can be terminated, discontinued or cancelled by us at any time without advanced notice to you.
D.IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, OR ANY SUBSEQUENT CHANGES, REVISIONS, MODIFICATIONS OR AMENDMENTS, DO NOT USE THE SERVICE, DO NOT REGISTER FOR A CITY LIGHTS ACCOUNTAND DISCONTINUE USE OF THE SERVICE IMMEDIATELY.
II. Eligibility
These Terms of Use apply to all users of our Service. By using our Service, you represent and warrant that:
A.You have reached the age of majority where you live and that you have the legal ability to agree and accept to these Terms of Use and to use our Service in accordance with these Terms of Use; or
B.If you are thirteen (13) to seventeen (17) years of age, you are using or accessing the Service with the express consent and involvement of your parent or legal guardian. Any use or access to the Service by anyone under thirteen (13) years of age is strictly prohibited and in violation of these Terms of Use.
III. Use of Service and User Conduct
A.Use of the Service: City Lights hereby grants you permission to access and use the Service; however, you agree that you will comply with all applicable local, state, federal and international laws and regulations that relate to your access of the Service and your activities while using the Service. You shall not, without the prior written consent of City Lights:
1. distribute, in any medium, any part of our Service content to any third-party;
2. copy or reproduce any of our Service content to any third-party;
3. alter, amend, modify, re-post or re-sell any of our Service content;
4. use the Service and Service content for any commercial purposes whatsoever, including, but not limited to, the following: (1) the resale of our services or Servicecontent, (2) the sale of access to a City Lights user account, (3) uploading Service content to any third-party website to promote another business, enterprise or charity, (4) showing, displaying or using the Service and Service content through any third-party blog or website; and (5) posting any advertisements or solicitations for business on the Service.
B.User Conduct: In addition to the above, you further agree:
1. Not to use or launch any automated systems, including without limitation, “robots”, “spiders”, or “offline readers” that accesses our Service in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period of time by using a conventional on-line web browser or mobile device; and
2. Not to upload or otherwise transmit any viruses, or any other destructive, disruptive or malicious files or computer code to or through the Service or its servers; and
3. Not to gain, or attempt to gain, unauthorized access to any part of the Service, the servers where the Service content is stored, or any server, computer or database connected to the Service; and
4. Not to disrupt, interfere with, alter, circumvent or otherwise disable the security-related features of the Service; and
5. Not to disrupt, interfere with, or otherwise abuse the Service, or any of the services, accounts, servers or networks connected to or accessible through the Service, including, without limitation, any affiliated or linked websites and City Lights social media pages; and
6. Not to dispute or interfere with, in any way, any other user’s access or enjoyment of the Service; and
7. Not to copy, use, post, frame or utilize, in any way, any City Lights logo, trademark, or other proprietary information (including, without limitation, images found on the Service, the content within the Service, and the Service’s layout/appearance) without the express written consent of City Lights; and
8. Not to post any content or material that infringes on the intellectual property rights, privacy rights, publicity rights, trade mark rights or trade secret rights of City Lights or any third party; and
9. Not to post any material or content that is unlawful, obscene, sexually oriented, defamatory, slanderous, threatening, harassing, abusive, hateful or embarrassing to any other person or entity, and City Lights shall determine, in its sole and absolute discretion, if any posted material violates this section; and
10. Not to impersonate any other person, or otherwise create a false identity, to use or access the Service or Service content; and
11. Not to share your City Lights user account information with any other person, or otherwise allow any other person or entity, besides yourself, to use your account to access the Service; and
12. Not to collect, harvest or store any personal information and personal data of others, including, but not limited to, names, addresses, phone numbers and email addresses.
IV. Monitoring of Access; Termination of Account
A. Monitoring of Access: City Lights has the right, and hereby reserves the right, to do any or all of the following:
1. Monitor, record and store any content or dialogue posted on or sent through any part of the Service or any affiliated or linked webpages; and
2. Monitor, record and store any information and data related to user access or activity conducted within the Service; and
3. Investigate a claim or allegation that you or any user has violated these Terms of Use and, in its sole and absolute discretion, terminate your access to the Service and cancel your City Lights account; and
4. Investigate a claim or allegation that you or any user has posted anything on or within the Service that does not conform to these Terms of Use, and, in its sole and absolute discretion, terminate your access to the Service and/or cancel your City Lights account; and
5. Remove any posting or content that it deems, in its sole and absolute discretion, to be illegal, abusive, disruptive, inappropriate, contradictory to SouthBrook’s statements of faith or beliefs as a church, or in any other way violates these Terms of Use; and
6. Terminate your access to the Service and/or cancel your City Lights account upon any breach of these Terms of Use or any other terms, conditions or requirements applicable to you; and
7. Edit, delete or remove any posting or content contained on or within the Service or City Lights’ social media pages, in its sole and absolute discretion, whether or not said posting or content violates these Terms of Use; and
8. In our sole and absolute discretion, and in accordance with our Privacy Policy, disclose your information, including your personal identifiable information, to a third party who claims that material posted by you violates their rights, including but not limited to, their intellectual property or privacy rights.
9. Cooperate fully with any law enforcement agency or court order requesting, demanding or requiring City Lights to disclose the identity or other personal identifying information of anyone posting any material or content on or through the Service or City Lights’social media pages. YOU, FOR YOURSELF, YOUR REPRESENTATIVES, AGENTS, SERVANTS, PRINCIPALS, PARTNERS, MEMBERS, AND ATTORNEYS, AND ALL OF THEIR RESPECTIVE HEIRS, EXECUTORS, PREDECESSORS, SUCCESSORS AND ASSIGNS, HEREBY RELEASE, INDEMNIFY AND HOLD HARMLESS CITY LIGHTS, INCLUDING ITS REPRESENTATIVES, AGENTS, SERVANTS, PRINCIPALS, PARTNERS, MEMBERS, AND ATTORNEYS, AND ALL OF THEIR RESPECTIVE HEIRS, EXECUTORS, PREDECESSORS, SUCCESSORS AND ASSIGNS,FROM ANY AND ALL CLAIMS, ACTIONS, DEMANDS, LOSSES, CAUSES OF ACTION, LIABILITIES, DAMAGES, COSTS, ATTORNEY’S FEES AND EXPENSES, WHETHER IN LAW OR IN EQUITY, WHETHER KNOWN OR UNKNOWN, THAT RELATE TO OR ARISE OUT OF ANY ACTION TAKEN BY CITY LIGHTS DURING, OR AS A RESULT OF, ITS INVESTIGATIONS AND FROM ANY ACTION TAKEN AS A CONSEQUENCE OF ITS INVESTIGATIONS BY CITY LIGHTS, LAW ENFORCEMENT, OR ANY OTHER THIRD PARTY.
B.Termination of Account
City Lights has the right to terminate your account and terminate your access to the Service at any time, for any reason or no reason at all, including but not limited to: (1) if City Lightsconsiders, in its sole and absolute discretion, your use of the Service or City Lights’ social media pages to be unacceptable; (2) any violation of these Terms of Use; or (3) any violation of any other terms, conditions or restrictions on your account or use of the Service that are specific to you. You are not entitled to any advanced notice, or any notice at all, of the intention of City Lights to either terminate your account or terminate your access to the Service, or both. If we terminate or suspend your account for any reason or no reason at all, you are strictly prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive remedies.
V. Changes to the Service
City Lights may, in its sole and absolute discretion, change, amend, alter, modify, improve, update, suspend, terminate or discontinue any aspect of the Service, temporarily or permanently, at any time without notice to you. City Lights may also, in its sole and absolute discretion, change, amend, alter, modify, improve, update, suspend, terminate or discontinue the availability or continuation of access to certain parts of the Service, temporarily or permanently, at any time without notice to you. You hereby expressly agree that City Lights shall not be liable to you for any claims, actions, demands, losses, causes of action, liabilities, damages, costs, attorney’s fees and expensesas a result of any changes to the Service or City Lights’ social media pages.
VI. Linked Sites
If the Service contains hyperlinks to other websites and resources provided by third parties, these hyperlinks are provided for your convenience only. This includes, but is not limited to, any hyperlinks contained in advertisements, banners and sponsored links. City Lights has no control of these hyperlinked websites and resources and has no control over the content contained in these hyperlinked websites and resources. City Lights makes no claim, representation or warranty on the content, nature, quality, accuracy or reliability of the content or information contained in these hyperlinked websites and resources, and accepts no responsibility for any loss or damage that may arise from your use of them. The inclusion of any hyperlink on the Service does not imply affiliation, connection, endorsement or adoption by City Lights of the hyperlinked website or any information contained therein. If you choose to leave the Service and access any of the third-party websites linked on within the Service, YOU DO SO ENTIRELY AT YOUR OWN RISK AND ARE SUBJECT TO THE TERMS OF USE OF USE OF THE THIRD-PARTY WEBSITE.
VII. Content Posted by You
A. Your Representations and Warranties: Content or material posted by you includes any and all postings or communication on or within the Service. You may only post content, material and communications that you created or which the owner of the content or material has provided you with permission to post. You shall not, under any circumstance, post, distribute or display any content or material that is illegal or that violates these Terms of Use. In posting any content or material on or within the Service, you expressly represent and warrant that: (i) you own all the rights to the content or material posted, (ii) you have the right or authorization to distribute the content or materialposted; (iii) the content or material posted does not violate or infringe any copyright or trademark of any third-party or otherwise violate or infringe on the rights of any third-party; and (iv) the content or material posted does not otherwise violate any applicable laws or regulations. You shall not post the following on or within the Service: telephone numbers, facsimile numbers, street addresses, social security numbers, URL’s to external webpages, any form of HTML or other programming code, or any photographs containing nudity or text containing obscene, lewd, violent, harassing, sexually oriented, or otherwise objectionable matter. You, and you alone, are responsible for anything you post on or within the Service and the consequences stemming therefrom.
CITY LIGHTS IS NOT RESPONSIBLE OR LIABLE TO ANY THIRD PARTY FOR THE CONTENT, OR ACCURACY OF ANY CONTENT, INFORMATION OR MATERIAL POSTED BY YOU ON OR WITHIN THE SERVICE OR ANY COMMUNICATIONS YOU SEND THROUGH THE SERVICE. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR THE CONTENT YOU POST AND COMMUNICATIONS YOU SEND THROUGH THE SERVICE.
B. Our Right to Reproduce: By posting any content or material on or within the Service or on City Lights’ social media pages, you expressly grant City Lights, its affiliates, subsidiaries, agents, assigns and licensees the irrevocable, perpetual, worldwide right to reproduce, display, copy, distribute, adapt and promote the content or material in any medium. City Lights will not, and has no obligation to, inform you of its intended use of the content or material you post. City Lights will not, and has no obligation to, request your approval for the use of any content or material you post. You expressly understand and agree that City Lights owns all right, title and interest in and to any compilation, collective work or other derivative work, whether or not created by City Lights, using or incorporating any content or material posted to or within the Service or on City Lights social media pages.
C. Wavier of Confidentiality: It is your sole obligation to review any content or material you intend to post on or within the Service or on City Lights’ social media pages. You must choose the information you post on or within the Service or on City Lights’ social media pages carefully and with discretion. Any and all content, information or material that you post on or within the Service or on City Lights’ social media pages will be considered non-confidential and non-proprietary. By posting any content, information or material on or within the Service or on City Lights’ social media pages, you expressly waive the confidentiality or proprietary nature of the content.
VIII. Content Posted by Other Users
City Lights does not endorse or adopt any content posted on or within the Service or on City Lights’ social media pages by any users. City Lights shall not be responsible for any of the content and material posted by other users on or within the Service or on City Lights’ social media pages. You are solely responsible for any reliance on content, information or materials posted by other users on or within the Service or on City Lights’ social media pages. In relying on any content, information or materials posted by other users on or within the Service or on City Lights’ social media pages, you do so at your sole and absolute risk. City Lights shall not be held liable, directly or indirectly, for any loss or damage caused or alleged to be caused to you by the content, information or material, or your reliance on the content, information or material, posted on or within the Service or on City Lights’ social media pages by other users.
IX. Copyrights and Trademarks
A. Copyright: City Lights holds the copyright to all Servicematerials, including but not limited to, the City Lightsname and descriptions, logos, designs, text, graphics, algorithms, video files, audio files and other files, and the selection and arrangement of the same (hereinafter, “Protected Material”). City Lights and its licensors own and retain the proprietary rights in all content, materials and software code available on or within the Service. You may only display and, subject to any expressly stated limitations relating to a specific type of content, use the Protected Material for your own personal and non-commercial use, unless otherwise permitted. You shall not, without the prior and express written consent of City Lights: (1) reproduce, copy, distribute, download, post, transmit, sell, resell, or make commercial use of, any Protected Material; (2) create derivative works from any part of the Protected Material; (3) modify the Protected Material in any way; or (4) remove, delete or alter any copyright, trademark or other proprietary rights notices from copies of Protected Material.
B. Trademarks: The City Lights name and logo, and all related service marks and service names, are trademarks of City Lights. You may not use, copy or display such marks without the prior and express written consent of City Lights. Any other names and logos that appear on or within the Service or on City Lights’ social media pages are the trademarks of their respective owners.
C. Copyright Protection: City Lights respects the copyrights and trademarks of others. If you believe that City Lights is using or displaying any content, information or material that infringes on your copyright, you may request that content, information or material be removed from the Service. If you believe that City Lights has infringed on your copyright, please notify City Lights and provide the following information:
1. Identify the copyrighted work that you believe to be infringed (please describe the work and, if possible, provide a copy or the location of an authorized version of the work); and
2. Identify the material you believe to be infringing on the copyright so we can locate it on or within the Service or on City Lights’ social media pages; and
3. Provide your full name, address, telephone number and email address; and
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, their licensee or agent, or the law; and
6. A signed, sworn statement made under penalty of perjury that the information that you have supplied is accurate and you are the copyright owner or are authorized to act on behalf of the copyright owner.
Please direct and send the above-requested information to City Lights, c/o SouthBrook Christian Church, at 9095 Washington Church Road, Miamisburg, Ohio 45342 or by sending an email to info@SouthBrook.org.
X. Mobile Application
A. Use License: We may make the City Lights mobile application (hereinafter, the “Mobile Application”) available to you so you can access the Service via a mobile device. In order to use the Mobile Application, you must have a mobile device that is compatible with the Mobile Application, and we make no representation or warranty that the Mobile Application will be compatible with your specific mobile device. You are solely and exclusively responsible for any additional service fees, data usage fees, or any other type of charges that you may incur from your use of the Mobile Application on your mobile device by your wireless provider. If you access the Service through the Mobile Application, City Lights grants you a non-transferrable, non-exclusive and fully revocable license to use the Mobile Application for one user account on mobile devices owned or controlled by you. You shall only use the Mobile Application on such devices strictly in accordance with these Terms of Use. In using or accessing the Mobile Application, you shall not: (1) decrypt, decompile, reverse engineer or disassemble, in any way, the Mobile Application source code; (2) modify, alter or change, in any way, the Mobile Application source code; (3) create or attempt to create derivative work from the Mobile Application; (4) make any copies of the Mobile Application or its source code; (5) rent, lease, sublicense, transmit or transfer, in any way, the Mobile Application to any third party; (6) remove, delete or obscure the copyright or other proprietary rights notices on the Mobile Application; (7) remove, delete, damage, circumvent or alter any security-related features of the Mobile Application; (8) use the Mobile Application for any revenue-generating endeavor or commercial enterprise; (9) violate any local, state or federal laws, rules or regulations in your use and access to the Mobile Application.
B. Apple and Android Devices: The following terms shall apply when you acquire our Mobile Application from the Apple Store or Google Play (the “App Distributor”): (1) you understand and acknowledge that these Terms of Use are between you and City Lights, not the App Distributor; (2) the non-transferrable, non-exclusive and fully revocable license to use the Mobile Application granted to you in these Terms of Use is limited to use on a device that utilizes the Apple iOS or Android operating systems, as applicable, in accordance with the usage rules set forth the in the App Developer’s terms of service; (3) City Lights is responsible for providing any maintenance and support services with respect to the Mobile Application, as specified in these Terms of Use, and the App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile Application; (4) in the event of any failure of the Mobile Application to conform to any applicable warranty as specified in these Terms of Use, you may notify the App Distributor and the App Distributor will refund the purchase price for the Mobile Application to you; and the App Distributor, to the maximum extent permitted by applicable law, will have no other warranty obligation whatsoever with respect to the Mobile Application; (5) you acknowledge that the App Distributor is not responsible for addressing any claims presented by you or any third party relating to the Mobile Application or your possession and/or use of the Mobile Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation; (6) you acknowledge that, in the event of any third-party claim that the Mobile Application or your possession and use of that Mobile Application infringes on a third party’s intellectual property rights, City Lights, not the App Distributor, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use; (7) you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties; (8) you must comply with applicable third party terms of agreement when using the Mobile Application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the Mobile Application; and (9) you acknowledge and agree that the App Distributor, including the App Distributor’s subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of use, the App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms of use against you as it relates to your license of the Mobile Application as a third party beneficiary thereof.
XI. Legal Disclaimers
A. Disclaimer of Warranties: You expressly agree and understand that the use and access of the Service is at your sole risk. You expressly agree and understand that the Service, information and materials offered or made available through the Service are provided on an “as is”, “with all faults” and “as available” basis. Information on posted on or transmitted within the Service and City Lights’ social media pages are not intended to be a substitute for professional medical advice, diagnosis or treatment. The information and materials posted on or transmitted within the Service are not intended to, and do not, diagnose, treat, cure or prevent any disease or medical issues or provide advice on a medical course of treatment. Any advice given to you by your doctors, qualified physicians, medical practitioners or other health care providers should, at all times, be followed.
TO THE FULLEST EXTENT PERMITTED BY LAW, CITY LIGHTS, ITS PARENT, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, LICENSEES, AGENTS AND ASSIGNS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, IN ITS PRODUCTS AND SERVICES. CITY LIGHTS HAS MADE NO AFFIRMATION OF FACT AND HAS MADE NO PROMISE RELATING TO THE GOODS SOLD OR SERVICES BEING PROVIDEDTHAT HAS BECOME ANY BASIS OF THE BARGAIN MADE OR THAT HAS CREATED OR AMOUNTED TO AN EXPRESS WARRANTY THAT THE GOODS OR SERVICES WOULD CONFORM TO ANY AFFIRMATION OR PROMISE. CITY LIGHTSDISCLAIMS ANY WARRANTY OF MERCHANTABILITY WITH RESPECT TO ANYGOODS BEING SOLD OR OFFERED. CITY LIGHTSDISCLAIMS ANY WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSES WITH RESPECT TO THE GOODS BEING SOLD OR OFFERED.
NO DESCRIPTION OF THE GOODS BEING SOLD OR SERVICES BEING RENDERED HAS BEEN MADE PART OF THE BASIS OF THE BARGAIN OR HAS CREATED OR AMOUNTED TO AN EXPRESS WARRANTY THAT THE GOODS OR SERVICES WOULD CONFORM TO ANY DESCRIPTION. NO SAMPLE OR MODEL HAS BEEN MADE PART OF THE BASIS OF THE BARGAIN OR HAS CREATED OR AMOUNTED TO AN EXPRESS WARRANTY THAT THE WHOLE OF THE GOODS OR SERVICES WOULD CONFORM TO ANY SAMPLE OR MODEL.
CITY LIGHTS MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR ANY CONTENT POSTED ON OR TRANSMITTED WITHIN THE SERVICE.
City Lights makes no warranty as to the reliability, accuracy, usefulness, adequacy, completeness or suitability of the Service or any of City Lights’ social media pages. ALTHOUGH CITY LIGHTS STRIVES TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SERVICE, CITY LIGHTS DOES NOT WARRANT, GUARANTEE, PROMISE OR MAKE ANY REPRESENTATION THAT THE SERVICE OR FILES AVAILABLE THROUGH THE SERVICE ARE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE CODES WITH DESTRUCTIVE PROPERTIES. City Lights also does not warrant, guarantee, promise or make any representation that the Service will be uninterrupted, timely, secure, or error-free or that defects in the Service will be corrected. City Lightsdoes not, and cannot, warrant or guarantee against human or machine errors, omissions, delays, interruptions or losses, including data loss.
The Service or City Lights’ social media pages may include content, information or material posted by third parties, and you acknowledge that City Lights does not control, in any respect, any advertisements, product descriptions, products, or content posted or offered by third parties on or through the Service or City Lights’ social media pages. CITY LIGHTS MAKES NO WARRANTY, GUARANTEE, PROMISE OR REPRESENTATION AS TO THE ACCURACY, USEFULNESS, COMPLETENESS, TRUTHFULNESS OR RELIABILITY OF CONTENT, MATERIAL OR INFORMATIONDISTRIBUTED, ADVERTISED OR MADE AVAILABLE THROUGH THE SERVICE OR CITY LIGHTS’ SOCIAL MEDIA PAGES BY THIRD PARTIES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
The terms of this Section X(A) shall survive any termination of the Terms of Use and your use of the Service.
B. Limitation of Liability
CITY LIGHTS ENTIRE LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH CITY LIGHTS, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO CITY LIGHTS FOR ANY PRODUCTS SUPPLIED OR SERVICES PERFORMED BY CITY LIGHTS THROUGH YOUR USE OF THE SERVICE (EXCLUDING DONATIONS) OR $100.00, WHICHEVER IS GREATER. IN NO EVENT SHALL CITY LIGHTS, ITS PARENT, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, LICENSEES, AGENTSAND ASSIGNS BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED, INCLUDING WITHOUT LIMITATION, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, ARISING FROM YOUR USE OF OR ACCESS TO THE SERVICE, INCLUDING ANY PRODUCTS PURCHASED OR SERVICES RENDEREDTHROUGH THE SERVICE. THIS LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO,ANY DAMAGES, CLAIMS OR LOSSES HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY, WHETHER BASED ON TORT, CONTRACT, WARRANTY OR OTHERWISE, AND WHETHER OR NOT CITY LIGHTS IS ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, ARISING IN CONNECTION WITH: (1) PROPERTY DAMAGE; (2) PERSONAL INJURY; (3) THE SERVICE OR CITY LIGHTS’SOCIAL MEDIA PAGES; (4) THE USE OR INABILITY TO USE THE SERVICE OR CITY LIGHTS’ SOCIAL MEDIA PAGES; (5) THE USE OF OR RELIANCE ON ANY CONTENT, INFORMATION OR MATERIAL DISPLAYED ON OR ACCESSIBLE THROUGH THE SERVICE OR CITY LIGHTS’ SOCIAL MEDIA PAGES; (6) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED, INCLUDING PERSONAL INFORMATION; (7) COMPUTER/PHONE/ELECTRONIC DEVICEFAILURE OR MALFUNCTION; (8) ERRORS, SYSTEM DOWNTIME, NETWORK OR SYSTEM OUTAGES; (9) FILE CORRUPTION; (10) ANY VIRUSES, BUGS, TROJAN HORSES, OR THE LIKE WHICH MAY BETRANSMITTED TO OR THROUGH THE SERVICE; (11) WORK STOPPAGE, LOST PROFITS, LOST DATA AND LOSS OF GOODWILL; (12) USER CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY; (13) ERRORS, MISTAKES OR INACCURACIES OF CONTENT; OR (14) ANY OTHER COMMERCIAL DAMAGES OR LOSSES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, CITY LIGHTS’ (INCLUDING CITY LIGHTS’ PARENT, AFFILIATES, SUBSIDIARIES,LICENSORS, LICENSEES, AGENTS AND ASSIGNS) LIABILITY IN THOSE STATES OR JURISDICTIONS SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
The terms of this Section X(B) shall survive any termination of the Terms of Use and your use of the Service.
C. Indemnification: To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless City Lights, its parent, affiliates, subsidiaries, officers, directors, employees, licensors, licensees, agents and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, debts and expenses, including reasonable attorneys’ fees, arising from, or alleged to result from: (1) your violation of these Terms of Use; (2) your use of the Service or City Lights’ social media pages, including, but not limited to, any content that you post; (3)your use of the Service or City Lights’ social media pages, content, services or products other than as expressly authorized in these Terms of Use; (4) your use of any information obtained from the Service or City Lights’ social media pages; (5) your violation of any third-party right, including but not limited to any copyright, property or privacy right; or (6) any claim that content you posted onor within the Service or City Lights’ social media pages caused damage to any third party.
The terms of this Section X(C) shall survive any termination of the Terms of Use and your use of the Service.
XII. International Users
The Service is controlled, managed, operated and offered for use by City Lights from its offices located in the United States of America. City Lights makes no claim, representation or warranty that the Service, and materials and content contained within the Service, are appropriate or available in other locations or jurisdictions outside of the United States of America. Those who choose to access the Service from locations or jurisdictions outside of the United States of America do so of their own volition and risk and are solely responsible for compliance with all local law.
XIII. Third Party Rights
These Terms of Use are between you and City Lights, and only you and City Lights have the right to enforce any of the provisions herein. Nothing in these Terms of Use provide any rights to third parties and no third party shall be entitled or have the right to enforce any of these Terms of Use.
XIV. Applicable Law, Venue and Binding Arbitration
These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of Ohio without giving effect to the provisions, policies, or principles therefor relating to choice of law or conflict of laws. You agree that any dispute or action in enforcement arising out of these Terms of Use shall be solely and exclusively brought in the Court of Common Pleas of Montgomery County, Ohio, or the United States District Court for the Southern District of Ohio, and except as stated herein you irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use.
Notwithstanding the above, any action, claim or controversy, of any kind and description whatsoever (statutory, contract, tort, equity or otherwise), related to these Terms of Use shall be resolved exclusively by arbitration in accordance with the rules of the American Arbitration Association (hereinafter, the “AAA”) 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 place of arbitration shall be Montgomery County, Ohio. The arbitration shall be governed by the laws of the State of Ohio. Hearings will take place pursuant to the standard procedures of the Commercial Arbitration Rules that contemplate in person hearings. Each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration. The award of the arbitrators shall be accompanied by a reasoned opinion. Except as may be required by law, neitherparty nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The AAA rules are available online at adr.org or by calling the AAA at 1-800-778-7879.
You hereby specifically agree to an arbitration on an individual basis. IN ANY DISPUTE, ACTION, CLAIM OR CONTROVERSY, NEITHER YOU NOR CITY LIGHTSSHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE OR CLASS MEMBER.
Nothing in this section shall prohibit or limit the right of City Lights to: (A) exercise self-help remedies, including, but not limited to, setoff; or (B) act in a court of law to obtain an interim remedy, including, but not limited to, injunctive relief, writ of possession or appointment of a receiver, or additional and supplementary remedies.
XV. General
These Terms of Use constitute the entire agreement between City Lights and you regarding your use of and access to the Service. Any waiver by City Lights of a breach of any provision of these Terms of Use shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of these Terms of Use. The failure of City Lights to insist upon strict adherence to any provision of these Terms of Use on one or more occasions shall not be considered a waiver or deprive City Lights of the right thereafter to insist upon strict adherence to that provision or any other provision of these Terms of Use. The section headings contained in these Terms of Use are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms of Use. In case any provision of these Terms of Useshall be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions hereof will not in any way be affected or impaired thereby.
Nothing in these Terms of Use shall be construed as creating a joint venture, partnership, employment, independent contractor or agency relationship between you and City Lights, and you do not have any authority to bind, create any obligation, or make any representation on City Lights’ behalf. You shall not assign or transfer any rights or obligations of these Terms of Use, by operation of law or otherwise, without the prior express written consent of City Lights. City Lights may assign, transfer, or subcontract any of our rights or obligations under these Terms of Use to any third party in City Lights’ sole and absolute discretion. These Terms of Use shall be binding upon you and City Lights, and shall inure to the benefit of their respective heirs, executors, administrators, successors and assigns.
XVI. Notice
City Lights may deliver notice to you under these Terms of Useusing the information provided by you when creating your account, including, but not limited to, electronic mail or written communication sent to your address and delivered by first class U.S. mail. As an alternative, we may deliver notice to you by posting a general notice on or within the Service. You may give notice to City Lights at any time via electronic mail or sending a written communication to City Lights, c/o SouthBrook Christian Church at 9095 Washington Church Road, Miamisburg, Ohio 45342 or by sending an email to info@SouthBrook.org.
Updated June 5, 2020
