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Thank you for visiting and using the services of YourGiving, Inc. (dba Sermonly) and its affiliates, with an address of 901 Woodland Street, Suite104, Nashville, TN, 37206 (“YGG”, “We”, “Us”or “Our”). These terms of service, including any documents or policies incorporated by reference, including without limitation Our [Privacy Policy](collectively, “Terms”) are entered into by and between you, the subscriber (“You” and “Your”) and YGG with respect to Our provision of the Sermonly website (found at www.sermon.ly) and accompanying services (collectively, the “Services”). By accessing, using, downloading, browsing, or otherwise using any of theServices, You agree to follow and be bound by these Terms. If You do not agree to these Terms, You may not use the Services. We may change these Terms from time to time in our sole discretion. If We do, We shall post a revision of these Terms here; Your continued use of the Services shall be subject to such revised terms.
Services. We grant You permission to access and use the Services subject to these Terms. We reserve the right to upgrade, maintain, tune, backup, amend, add to or remove items from, redesign, improve or otherwise alter Our Services at Our sole and absolute discretion at any time. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. The Service is offered and available to users who are 18 years of age or older. You agree to use the Service only for purposes permitted by these Terms.
The Service and its content, features, technologies, and functionality (including without limitation software, text, images and video and audio files) (collectively, “Materials”) are owned or licensed by YGG. Subject to these Terms, We hereby grant You a non-exclusive, non-sublicensable, non-transferable, non-assignable, revocable license solely during the Term(defined below) to (i) access, view and interact with the Materials made available on or through the Service to draft and prepare Your sermons (“Sermons”),and (ii) copy, distribute and publicly perform and display the Sermons to Your congregation or other third-parties, solely for personal and non-commercial use. Under no circumstances may the Sermon be commercialized in any manner outside the scope of Your normal and typical pastor duties. YGG and its licensors retain all rights, title and interest in any to the Materials and the Service, including all intellectual property rights therein. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Materials or theService. All trademarks, service marks, logos, trade names, and any other source identifiers used on or in connection with the Service and the Materials are trademarks or registered trademarks of YGG or its licensors. You must not use such marks without prior written permission.
You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Service or the Materials, except as expressly permitted in these Terms. You will not, directly or indirectly:reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services; or use the Services for timesharing or service bureau purposes or otherwise for the benefit of a third party. No licenses or rights are granted to You by implication or otherwise under any intellectual property rights owned or controlled by YGG or its licensors, except for the licenses and rights expressly granted in these Terms.
Account. You are required to create an account with username and password (“Account”) to access and use the Services. You may not share your Account with anyone else. By creating an Account, you represent and warrant that:
Third-Party Materials. Certain components or features of the Service includeMaterials from third parties, including without limitation language-generating artificial intelligence (“Third-Party Content”). YGG is not responsible or liable for such Third-Party Content, including without limitation its accuracy or completeness. It is solely Your responsibility to confirm the content of your Sermon (as defined below) prepared through theService. Some of the Third-Party Content is provided under license to Us, with the following attribution:
Holy Bible, NewInternational Version™,
Copyright © 1973, 1978,1984, 2011 by Biblica, Inc.
Used with permission. All rights reserved worldwide.
The “New InternationalVersion” is a trademark registered in the European Union Intellectual PropertyOffice and United States Patent and Trademark Office by Biblica, Inc. The“NIV”, “Biblica”, “International Bible Society” and the Biblica Logo are trademarks registered in the United States Patent and Trademark Office by Biblica, Inc.
Digital Millennium Copyright Act. We take claims of copyright infringement seriously.We will respond to notices of alleged copyright infringement that comply with applicable law. If You believe any materials accessible on or through the Service infringe Your copyright, You may request removal of those materials (or access to them) from the Service by submitting written notification to Our copyright agent designated below. In accordance with the Online CopyrightInfringement Liability Limitation Act of the Digital Millennium Copyright Act(17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCANotice”) must include substantially the following:
Our designated copyright agent to receive DMCA Notices is: legal@yourgiving.co
Payment. To access and use the Materials and the Service, You agree to pay the monthly or yearly subscription fee to YGG (“Fees”). As part of theAccount set-up process, You are required to provide a valid credit card. You authorize YGG to charge this credit card for the applicable Fee. You further authorize YGG to store and charge this credit card for further Fees owed, including upon renewal of the Term.
Term and Termination. The term of theServices commences upon your payment of the Fees and continues for the applicable time period (either monthly or annually) (“Term”); thereafter, theTerm automatically renews for additional time periods equal to the existing subscription.
You may delete your Account or stop using the Service at any time.This action may be non-reversible and You may lose all, or some portion of, the data and materials associated with Your Account, including prior Sermons.Termination of your Account will not relieve You of any obligation that may have arisen prior to such termination. Termination will be effective at the end of the then-current Term; YGG does not provide refunds, credits or other payment for early termination.
We reserve the right to terminate these Terms and/or terminate or suspend Your access to Your Account or all or any part of the Service at anytime without prior notice or liability. Causes for such termination include without limitation where: (i) We believe in Our sole discretion that You have violated these Terms or have otherwise engaged in any activities that may harm or damage the reputation, rights, or property of YGG or the Service, its users, or any other person, (ii) We believe in Our sole discretion that You have violated applicable laws, regulations or third party rights, or participated in fraudulent or illegal activities, (iii) We believe in Our sole discretion that such action is reasonably necessary to protect the personal safety or property of YGG, its users or third parties, (iv) You request that we cancel or terminate your Account; (v) We receive a requestor order from law enforcement, a judicial body or other government agency; (vi) provision of the Service to You is or may become unlawful; or (vii) unexpected technical or security issues or problems occur. Any such termination or suspension will be made by us in Our sole discretion and We will not be responsible to You or any third party for any damages that may result or arise out of such termination or suspension of your Account or access to the Service.
Additionally, after a period of time, we may in our discretion delete information and data stored in or as a part of your Account.
Confidentiality. In connection with the Services, You may, from time to time, learn or receive ConfidentialInformation (as defined below) of YGG. Accordingly, during the Term and for three (3) years after its expiration of termination, You shall: (i) holdall Confidential Information in strict confidence; (ii) treat such Confidential Information with at least the same care and precaution that it affords to its most confidential, valuable and secret information, but in no event less than reasonable care; (iii) not to make use of suchConfidential Information for any purpose other than as specifically approved in writing by YGG; and (iv) not release or disclose such ConfidentialInformation to any other person or entity without the prior written consent of US.“Confidential Information” means all confidential and/or proprietary information concerning the business and affairs of YGG that is marked or otherwise identified as confidential and/or privileged at the time of disclosure, or that a reasonable person would know to be confidential and/or proprietary information of YGG under the circumstances. It shall not be deemed a breach of this provision if Company is required to disclose ConfidentialInformation of YGG pursuant to any law, rule, regulation or requirement of a governmental agency or body having jurisdiction over any Party hereto; provided, however, that You provide notice thereof to YGG and cooperate with YGG to seek a protective order and limit such disclosure to what is actually requested. Upon request of YGG, You shall promptly destroy or return to YGG itsConfidential Information.
Feedback. We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Service (“Feedback”). Any Feedback you submit to Us will be considered non-confidential and non-proprietary. By submittingFeedback to Us, You grant us a non-exclusive, worldwide, royalty-free, fully paid-up, irrevocable, sub-licensable, transferable, assignable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to You.
Indemnity. You shall indemnify, defend and hold YGG, its affiliates and their officers, directors, employees, agents and contractors harmless from and against any and all claims, demands, losses, costs, liabilities or damages of every kind, including reasonable attorney fees’ and expenses, for which YGG becomes liable arising from or relating to Your breach of any covenant, representation and/or warranty, under these Terms, including without limitation intellectual property infringement by Your Sermon.
Disclaimer of Warranties. THE SERVICE, INCLUDING WITHOUT LIMITATION ALL MATERIALS(WHETHER OWNED OR LICENSED) AND THIRD-PARTY CONTENT, IS PROVIDED ON AN “ASIS” BASIS AND WITHOUT WARRANTY OR GUARANTEE OF ANY KIND. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YGG OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Limitation of Liabilities. UNDER NO CIRCUMSTANCES WILL YGG BE LIABLE FOR ANY SPECIAL,INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OR EXEMPLARY DAMAGES, EVEN IF ADVISED OF OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL YGG’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE SERVICE EXCEED THE AMOUNT PAID BY YOU TO YGG DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. YOU ACKNOWLEDGE AND AGREE THAT YGG HAS OFFERED THE SERVICE IN RELIANCE UPON THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND YGG AND THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND YGG.
General. These Terms are the complete and exclusive statement of the mutual understanding of You and Us and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the Service. All waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. TheseTerms specifically exclude the UN Convention on Contracts for the InternationalSale of Goods. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The interpretation of these Terms shall not be biased against one party or the other as drafter. These Terms are not assignable, transferable or sublicensable by You; subject to the foregoing, these Terms are binding upon and inure to the benefit of the Parties successors and assigns. No agency, partnership, joint venture, or employment is created as a result of these Terms and You do not have any authority of any kind to bind YGG in any respect whatsoever. All notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. These Terms shall be governed by the laws of the State of Tennessee without regard to its conflict of laws provisions. Except with respect to claims of infringement or in the event one party seeks equitable relief, all disputes and disagreements between the parties shall first be resolved by informal discussion between the parties; in the event the parties are unable to resolve their concern in such manner, the parties agreed to submit the dispute to binding arbitration in front of one arbitrator pursuant to JAMS, to take place in Nashville, TN. Except as may be ruled by the arbitrator as below, each party is responsible for its own costs and expenses of discussion and arbitration. In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover its reasonable and actual costs and attorneys’ fees and expenses. Except as set forth above, each party consents to the exclusive jurisdiction of the federal and state courts located in Davidson County, TN. Except for the payment of money owed, neither party shall be liable or responsible to the other party for failure to perform here under with respect to events beyond its reasonable control.
