1. ACCEPTANCE OF TERMS
Outreach Digital is owned and operated by Outreach, Inc. Outreach Inc. provides a collection of tools and resources to create, manage and measure social media marketing efforts and Facebook page solutions as well as quality websites that serve churches, ministries, and other organizations in sharing their message and ministry, including but not limited to the Outreach Social subscription and Outreach Sites subscription (the “Services”). Outreach Digital provides services to its customers (“Customer” or “You”) according to the following Terms of Service” (“TOS”) set forth below. These TOS constitute a legal agreement between the Customer and Outreach Digital. By clicking “I’ve read and agree to the terms of service,” You are indicating acceptance electronically to the terms of this agreement. If You do not agree to this agreement, then You should not indicate acceptance of the agreement and should not use the Services. We reserve the right, at any time, to modify, alter or update the terms and conditions of this agreement without prior notice. Most current modifications are posted on the Outreach Digital website (outreach.com/digital).
You may not transfer Your Account to any other person and You may not use anyone else’s Account at any time without the permission of the Account holder. In cases where You have authorized or registered another individual, including a minor, to use Your Account, You are fully responsible for (i) the online conduct of such person; (ii) controlling that person’s access to and use of the Services; and (iii) the consequences of any misuse.
3. SERVICES PROVIDED
A. Outreach Sites' Content.
For the purpose of this agreement, the “Services” will refer to Outreach Sites’ content management systems, including online control panel, hosting, designs, email services, graphics, artwork, code technology, technical support and any other products or services that may be offered or provided from time to time or in the future. Unless explicitly stated otherwise, any new features that enhance the current Service shall be subject to the TOS. Customer understands and agrees that the Services are provided “as-is” and that Outreach Digital assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. Customer is responsible for obtaining access to the Services, and that access may involve third party fees (such as Internet service or airtime charges). Customer is responsible for those fees. In addition, Customer must provide and is responsible for all equipment necessary to access the Service and for actions taken to access the Service.
Additionally, the “Services” refer any and all services as part of Outreach Social. As part of Your agreement for Outreach Digital (“Licensor”) Services offered under the name “Outreach Social,” You (“Licensee”) are being granted certain rights to use the copyrighted images which will be displayed on Your church’s Facebook page(s).
- Grant of Rights. Licensor grants a non-exclusive nontransferable perpetual license to Licensee to display images which are provided by Licensor, under rights Licensor has to license, pursuant to use of Services including Outreach Social activity on its Facebook social media account(s). While You have the right to transfer the image in a post to any other Licensee social media accounts (e.g., Instagram, Twitter, Snapchat) You have no other copyright rights in the images. You cannot alter, duplicate, reproduce, modify, use in connection with goods, sell, make derivative works or make any other use of the image(s).
- No Right to Sublicense or Assign. Licensee does not have the right to sublicense or assign the rights granted to Licensee under this Agreement.
- Posting and Process. Licensee agrees to grant Licensor the right to post daily pictures (graphics) on Licensee’s Facebook page. This does not require Licensee to share login credentials and passwords, but does require that Licensee authorize Licensor to post on Licensee’s Facebook page through the Facebook interface.
B. User Generated Content.
- Certain features of the Services permit You to upload content, including photos, messages, video, images, data, text, and other types of works (“User Content”) and to publish User Content on or through the Services and to your own social media. You retain any copyright and other proprietary rights that you may hold in the User Content that you post with the Services. In addition, by using this function of the Services, you affirm, represent, and warrant that: a) You are the creator and owner of the User Content or have the necessary rights, licenses, consents, and permission in the works to use or distribute your User Content as necessary to fulfill the license and compliance terms herein, and obligations; b) your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defme, libel, or invade the right or privacy, publicity or other property rights of any other person; or (iii) cause Outreach to violate any law or regulation; and c) your User Content will not violate any of the Section 8 herein Prohibited Uses.
- By providing User Content to or via the Services, you grant Outreach a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or I part, in any media formats and through any media channels now known or hereafter developed.
4. INTELLECTUAL PROPERTY RIGHTS
As between You and Outreach Digital, Outreach Digital retains all right, title, and interest in and to the Services, including Outreach Social and other products, subscriptions, and services. Nothing herein shall be construed to restrict, impair, encumber, alter, deprive, or adversely affect the Services or any of Outreach, Inc’s. rights or interests therein or any other Outreach intellectual property, brands, information, content, processes, methodologies, products, goods, services, materials, or rights, tangible or intangible. All rights, title, and interest in and to the Services not expressly granted in this Agreement are reserved by Outreach. You may from time to time provide suggestions, comments or other feedback to Outreach Digital with respect to the Services (“Feedback”). Feedback, even if designated as confidential by You, shall not create any confidentiality obligation for Outreach Digital notwithstanding anything else. You shall, and hereby do, grant to Outreach Digital a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid-up license to use and exploit the Feedback for any purpose.
5. BILLING ARRANGEMENTS
All payments are due prior to the period of service being provided. Customer services and corresponding invoices for those services start at sign up and continue on a recurring basis (monthly or annually) until the Customer cancels the Service according to these terms and policies herein or until Outreach Digital terminates the account.
- Customer responsibility
- Outreach Sites provides a build-it-yourself system for the customer, making it compulsory for the Customer to build a site and maintain the site using that system. Therefore, billing is not dependent upon any of the following:
- Customer usage. The customer has sole responsibility to build and maintain the site. Outreach Sites Services are not dependent upon whether the Customer uses those Services or how much the Customer uses those Services.
- Site status. The customer is responsible for all updates and maintenance for the site. Billing or payment is not contingent upon a completed site.
- Domain name. Customer is responsible for purchasing, pointing and maintenance of a domain name. Lack of a connected domain name is not a requirement for billing.
- Site access. Customer is responsible for any access to site. Payment is not contingent upon whether Customer’s invitees can or do access the site.
- Customer usage: The Customer has sole responsibility to connect their Facebook account to their Outreach Social account. Payment or billing is not contingent on the customer connecting their account.
- Facebook page: It is the responsibility of the Customer to have a working and active Facebook page. It is not the responsibility of Outreach Digital to create or maintain a Facebook page for the Customer.
- Administrator access: It is the responsibility of the Customer to have administrator privileges on their Facebook page in order to connect the page to their Outreach Social account.
- Credit card. You agree that Outreach Digital has permission to retain and/or share with financial institutions and payment processing firms (including any institutions or firms Outreach Digital retains in the future) Your submitted payment information in order to process Your purchase. Depending on where You transact with us, the type of payment method used and where Your payment method was issued, Your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. Outreach does not support all payment methods, currencies, or locations for payment. If the payment method You use with us, such as a credit card, reaches its expiration date and You do not edit Your payment method information or cancel Your account, You remain responsible for any uncollected amounts. All applicable taxes are calculated based on the billing information You provide us at the time of purchase.
6. CANCELLATION AND TERMINATION
The Outreach Digital subscription begins when You sign up and make payment as Your use of website includes Your agreement to license terms and conditions, and ends when You terminate the subscription. Subscription can be canceled at any time. Should You terminate in the middle of a month; Outreach will not provide refunds for unused portions for that month.
Outreach reserves the right to terminate, suspend, modify, or delete, at its sole discretion, any (a) Services or Content; and (b) Your access to Services or Your Account, as follows: 1) If You breach or violate any of these Terms or any of Outreach’s applicable policies, as posted on Outreach Services from time to time, Outreach may take action immediately without prior notice to You. If Outreach takes action pursuant to this section, Outreach shall not have any liability to You for any use of Outreach Services associated with Your Account. For avoidance of any doubt, You understand and agree that You will not be compensated nor be eligible for any refund under any circumstances for any such access lost to Outreach Services; 2) Outreach may also take action to terminate Your Account and any access to Services for any reason or no reason, in which case Outreach will provide prior notice to You.
- Subscription Services; Auto-renewal and Cancellation. You are purchasing Online Services on a subscription basis, which will automatically renew at the end of its applicable term. Subscriptions are billed in advance on a monthly or yearly basis (as per the option chosen when You purchased such Online Services) and are non-refundable for the subscription period they are purchased for, unless within the refund period.
- Refund Policy. If you are not satisfied with Outreach Digital Services under a subscription commitment, you may provide notice of cancellation for any reason within fourteen (14) days of having first ordered or activated such Outreach Digital Services (the “Refund” and “Refund Period”). If you reside in a jurisdiction which requires a longer Refund Period, we will of course be happy to accommodate such requirements in accordance with all applicable laws. After the Refund Period, the Fees paid by you are non-refundable and non-cancellable. In addition, if we find that a notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for services actually received and enjoyed, we reserve our right to still charge the User who provided such notice for any Outreach Digital Services actually received, as permitted by law.
7. BETA TESTING
From time to time, We may offer You the opportunity to install, use and test (the “Beta Testing”) certain of our Services prior to their commercial release (the “Beta Services”).
Beta Services are intended for evaluation purposes and not for production use and are subject to following additional terms:
- We grant You a limited right to use the Beta Services for Beta Testing purposes during the applicable testing period;
- You agree to provide suggestions, comments, or other feedback with respect to the Beta Services as reasonably requested, including ideas for modifications and enhancements (the “Beta Feedback”). You hereby assign to us all right, title and interest in and to the Beta Feedback. All Beta Services and Your Beta Feedback are Outreach’s Confidential Information, and Outreach may use Your Beta Feedback in advertising and promotional materials with Your prior consent (not to be unreasonably withheld);
- We reserve the right to modify the Beta Services or terminate Your participation in the Beta Testing for any reason, without liability to You. We will use commercially reasonable efforts to provide You with reasonable advance notice of such termination;
- You acknowledge that the Beta Services are not at the level of performance or compatibility of a final, generally available product offering, and may be substantially modified prior to commercial availability, or withdrawn. We are under no obligation to provide technical support with regards to the Beta Services, and We provide no assurance that any specific errors or performance issues in the Beta Services will be corrected; and
- The Beta Services are provided on an “as is” and “as available” basis without any warranties or conditions of any kind, whether express, implied, statutory or otherwise. Use of the Beta Services is at Your sole risk. In no event will We be liable to You for any damage whatsoever arising out of the use of or inability to use the Beta Services.
8. PROHIBITED USES
Consistent with the purposes of Outreach Digital, Outreach Digital reserves the right, but has no obligation to, remove content and accounts containing content that we determine in our sole discretion to be inconsistent with our purposes as well as unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or in violation of any party’s intellectual property or these TOS. Customer agrees not to use the services for any of the following:
Illegal use: Services may not be used for illegal purposes or in support of illegal activities. Outreach Digital reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
- Harm to minors: Use of service to harm, or attempt to harm, minors in any way, including but not limited to child pornography.
- Threats: Use of service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
- Harassment: Use of service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
- Fraudulent activity: Use of service to make fraudulent offers to sell or buy products, items or services or to advance any type of financial scam such as “pyramid schemes,” “ponzi schemes,” and “chain letters.”
- Unsolicited commercial e-mail (SPAM): Use of service to transmit any unsolicited commercial or unsolicited bulk e-mail.
- E-mail/ News bombing: Any malicious intent to impede another person’s use of electronic mail services or news.
- E-mail/ Message forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the service.
- Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
- Infringement: Distribution and/or posting of any of the following: copyrights, patents, trademarks, trade secrets or intellectual property.
- Distribution of viruses: Intentional distribution of software that attempts to and/or causes damage, harassment or annoyance to persons, data and/or computer systems. Such an offense will result in the immediate termination of the offending account.
- Adult content: Pornography or adult content or links to adult content.
- Anti-religious. Content that is anti-God or inconsistent with Christian religious ministry purposes.
Fair Use Policy. Outreach may suspend Your access to the Services for abusive practices that degrade the performance of the Services for You and/or other customers of Outreach.
9. LICENSE GRANT
The term of this license agreement is based on the term of Your subscription, which lasts for a minimum of one month with no maximum term length. The license is in effect for the term of Your Outreach Digital subscription. Upon termination of Your Outreach Social subscription, the images may remain on Your social media pages, subject to the display only limitation of rights.
Outreach Sites grants to You a restricted, non-assignable, non-sublicensable, revocable, license throughout the universe to reproduce, distribute, publicly display, communicate to the public, publicly perform (including by means of digital audio transmissions) on a through-to-the-audience basis, create derivative works from, and otherwise use and exploit (collectively, “Use”) specific Outreach artwork and videos, partner logos, videos, and artwork, in the software you upload through the Services which rights are purchased from Outreach Sites. The price at which such intellectual property is provided either within the monthly fee or as additional cost will be the license fee.
FOR THE AVOIDANCE OF DOUBT, THE RIGHTS GRANTED IN THE PRECEDING SENTENCES OF THIS SECTION, INCLUDE, BUT ARE NOT LIMITED TO, THE RIGHT TO REPRODUCE LOGOS AND ARTWORK AND TO UPLOAD VIDEOS FOR VIEWING, AND PUBLICLY DISPLAY ANY OF THIS INTELLECTUAL PROPERTY.
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE AND DESIGN CONTENT) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY OUTREACH DIGITAL ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. OUTREACH DIGITAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
11. LIMITATION OF LIABILITY
In no event shall Outreach Digital, Outreach, Inc. or its suppliers be liable to a Customer or any other party for any direct, indirect, special or other consequential damages arising out of or in connection with the use or access of or inability to use or access the Services or any content (including Customer content) made available through the Services, including, without limitation, damages for loss of data, lost profits, business interruption, or otherwise, whether based in tort, contract or other legal theory, even if Outreach Digital, Outreach, Inc. or its Licensors or Suppliers are expressly advised of the possibility of such damages. In no event shall Outreach Digital, Outreach, or its Licensors or Suppliers be liable in the aggregate for any damages incurred by you that exceed the greater of (A) one hundred dollars, or (B) the amount of fees you have paid Outreach Digital in the 12 months prior to the action giving rise to the liability.
Customer agrees to indemnify, defend and hold Outreach Digital, Outreach, Inc. or its suppliers harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys fees) incurred in connection with any use or alleged use of any Outreach Digital and Outreach, Inc. product.
By using these Services or communicating with Outreach, You agree that Outreach may communicate with You electronically regarding security, privacy, and administrative issues relating to Your use of the Services or these Terms. If Outreach learns of a security system’s breach, Outreach may attempt to notify You electronically by posting a notice through the Services or sending an email to You. You may have a legal right to receive this notice in writing. To withdraw Your consent from receiving electronic notice, please write to Outreach at Digital@Outreach.com. Notice will be deemed given twenty-four hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Outreach may give You legal notice by mail to a postal address, if provided by You and postal notice is requested, through Your use of the Services. In such case, notice will be deemed given three days after the date of mailing.
14. JURISDICTION & GOVERNING LAW; RESOLUTION OF CLAIMS AND DISPUTES
This website is owned and operated from offices located in Colorado Springs, Colorado. Regardless of the place of execution, this Agreement shall be deemed to be an agreement made in Colorado Springs, CO, fully performed in Colorado Springs CO, and the laws of the State of Colorado shall govern this agreement without regard to the principles of conflicts of laws. Customer expressly waives any presumption or rule, if any, which requires this Agreement to be construed against Outreach. Any claims or disputes arising from or related to this Agreement shall be settled by mediation and, if necessary, legally binding arbitration in Colorado Springs, CO in accordance with the Rules of Procedure for Christian Conciliation of the Institute for Christian Conciliation (a division of Peacemaker Ministries) (available here: http://peacemaker.net/rules-of-procedure/ ). Judgment upon an arbitration decision may be entered in any court otherwise having jurisdiction. The parties understand that these methods shall be the sole remedy for any controversy or claim arising out of this Agreement and expressly waive their right to file a lawsuit in any civil court against one another for such disputes, except to enforce an the mandatory arbitration provision of this Agreement or to enforce an arbitration decision.
15. Specific Copyright Protection Actions.
Outreach respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and as required herein, we ask Users to do the same.
The Digital Millenium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under US copyright law. If you believe in good faith that content hosted by the Services infringes your copyright, you (or your agent) may send Outreach a notice requesting that the content or Material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Outreach to locate the content or material within the Services; (d) the name, address, telephone number and email address (if available ) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the content or material in a manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirement imposed by the DMCA; see www.loc.gov/copyright for details. Notices and counter-notices with respect to the Service should be sent to:
Stacey Verburst Outreach, Inc. 5550 Tech Center Drive Colorado Springs, CO 80919 em>firstname.lastname@example.org</em
16. GENERAL TERMS
If any portion of this Agreement shall be held to be illegal, invalid, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. In lieu of each such illegal, invalid, or unenforceable provision, there shall be added automatically as part of this Agreement a provision as similar to such former provision as shall be legal, valid, and enforceable, if possible, and such provision shall be applied. The provisions of this Agreement shall apply to, bind and inure to the benefit of Outreach and Customer and their respective successors, legal representatives, or assigns.
17. NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California websites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
18. STATUTE OF LIMITATIONS
Any claim or cause of action arising out of or related to use of the Services, the Terms, or any services or information available through Third Party Platforms, must be filed within one (1) year after such claim or cause or action arose regardless of any statutes or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action are forever barred.
The Services are not intended for children under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE SERVICES OR ATTEMPT TO SET UP AN ACCOUNT AT ANY TIME OR IN ANY MANNER. By using the Services, You affirm that You are at least 18 years of age. Outreach Digital does not seek through the Services to gather personal information from or about children under the age of 13.
Outreach, Inc. collects information as a normal part of our business processes. The information collected shall be managed according to the policies and procedures herein.
- Outreach Digital takes the following precautions to protect your information:
- Security Measures – We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where we store personal data.
- Restricted Access – We restrict access to personal information to Outreach Digital employees, contractors and agents who need to know that information in order to process it on our behalf. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
- Policy Review – We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that cannot be resolved between Outreach Digital and an individual.
- Credit Card Restrictions – Outreach Digital will never distribute credit card information to anyone outside of the business unit in which it applies. Credit card information will only be used for Customer purchase of Outreach Digital products and services and applicable fees.
- Information you provide – When you sign up for our content management system or other Outreach Digital product, we ask you for personal information. We may combine the information you submit under your account with information from other Outreach Digital services or third parties in order to provide you with a better experience and to improve the quality of our services.
- Log information – When you access our content management system via a browser, application or other client, our servers automatically record certain information. These server logs may include information such as your web request, your interaction with a service, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser or your account.
- User communications – When you send email, speak with one of our customer service representatives or other communications to Outreach Digital, we may retain those communications in order to process your inquiries, respond to your requests and improve our services. We may use your email address to communicate with you about our services.
- Strategic partners – Outreach Digital may share information with strategic partners that work with Outreach Digital to provide products and services or that help Outreach Digital market to customers. Personal information will only be shared by Outreach Digital to provide or improve our products and services.
- Service Providers – Outreach Digital may share personal information with companies who will provide services such as information processing, managing and enhancing customer data, providing customer service and assessing your interest in our products and services. These companies are obligated to protect your information.
- Others – It may be necessary – by law, legal process, litigation and/or requests from public and governmental authorities within or outside your country of residence – for Outreach Digital to disclose your personal information. We may also disclose information about you if we determine that for purposes of national security, law enforcement or other issues of public importance, disclosure is necessary or appropriate. We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users. Additionally, in the event of a reorganization, merger or sale we may transfer any and all personal information we collect to the relevant third party.
- Cookies – Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some Outreach Digital features and services may not function properly if your cookies are disabled.
21. Our Address:
5550 Tech Center Drive
Colorado Springs, CO 80919