Please read carefully before accessing this web site. Date Last Revised: December 4, 2014
You may not use the Site and may not accept the Terms if (a) you are not of legal age to form a binding contract with Prayvine, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Site.
We reserve the right to amend this Agreement at any time and without notice. If we do this, we will post the amended Agreement on this page and indicate at the top of the page the date the Agreement was last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future Terms, do not use or access (or continue to access) the Site. This Agreement applies to all visitors, users, and others who access the Site ("Users").
1. Use of Our Service
1.1 From time to time, Kite Plus Key, LLC may have subsidiaries, affiliated legal entities, business partners and contractors around the world ("Affiliates"). Sometimes, these companies will be providing the Services to you on behalf of Prayvine itself. You acknowledge and agree that Affiliates will be entitled to provide the Services to you. Prayvine is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Prayvine provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that Prayvine may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Prayvine’s sole discretion, without prior notice to you. You acknowledge and agree that if Prayvine disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account. You acknowledge and agree that while Prayvine may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Prayvine at any time, at Prayvine’s discretion.
1.2 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. Any registration information you give to Prayvine will always be accurate, correct and up to date. You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Prayvine. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
1.3 You will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). You will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You are solely responsible for (and that Prayvine has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Prayvine may suffer) of any such breach.
1.4 You are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you will be solely responsible to Prayvine for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Prayvine immediately at: [email protected].
2. User Content
2.1 This Site may provide you with access to a wide variety of web pages, discussion forums, bulletin boards, chat areas, news groups, "blogs," videos or other message or communication facilities (collectively, "Communities"). All data files, diagrams, written text, computer software, messages, comments, opinions, audio files or other sounds, videos, photographs, creative works or other material posted on the Site (collectively, "Content") are the sole responsibility of the person that created the Content. Content does not reflect the views of Prayvine and Prayvine has no obligation to monitor, edit or review any Content on the Site. However, Prayvine reserves the right and will take such action as it deems appropriate or necessary to comply with any applicable law or regulation or this Agreement, including but not limited to editing, refusing to post, or removing any Content or other material, in whole in part, for any reason, in our sole discretion.
PRAYVINE ASSUMES NO RESPONSIBILITY OR LIABILITY ARISING FROM THE CONTENT INCLUDING BUT NOT LIMITED TO CONTENT THAT CONTAIN ERRORS, INACCURACIES, OFFENSIVE OR HARMFUL STATEMENTS, DEFAMATORY OR LIBELOUS INFORMATION, OMISSIONS, FALSEHOODS, OBSCENITY, OR PORNOGRAPHY.
Prayvine does not endorse or support any opinions expressed in the Communities, nor does it represent or guarantee the truthfulness or accuracy of any information posted in the Communities. PRAYVINE DISCLAIMS ALL LIABILITY WITH REGARD TO CONTENT OR OTHER COMMUNICATIONS NOT CREATED BY PRAYVINE.
2.2 Community Rules. You are solely responsible for (and Prayvine has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Prayvine may suffer) by doing so. You may only use the Communities for Content that is legal, proper, and related to the particular Community. In addition, you must abide by the following Community Rules. While using this Site, you are strictly prohibited from:
- Impersonating another person or entity, or posting, publishing, uploading, or in any way distributing, transmitting, or disseminating (collectively, "Disseminating") any message anonymously or under a false name;
- Defaming, harassing, threatening, stalking, abusing, or otherwise violating the legal rights (such as the rights of privacy and publicity) of others;
- Disseminating any obscene, pornographic, profane, or otherwise objectionable information, or unlawful information;
- Disseminating any material that infringes any patent, copyright, trademark, or trade secrets ("Intellectual Property") unless you are, or have the permission of the owner of the Intellectual Property to post or transmit such material;
- Disseminating any corrupted files, files that contain viruses or other destructive features, or any other software or programs that may corrupt, modify or damage another party's computer;
- Disseminating chain letters, pyramid schemes, surveys, contests, charity requests, or petitions for signatures;
- Disseminating Spam* (see definition following) or otherwise interfering with, restricting, or inhibiting other users of this Site; * Prayvine defines "Spam" as the sending of a message, individually or en masse, to anyone not requesting it, or would not otherwise choose to receive it, regardless of whether sent by a business, individual, or nonprofit organization.
- Disseminating any other communications or material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. Prayvine will fully cooperate with law enforcement authorities and legal process requesting Prayvine to disclose the identity of anyone who has violated one or more of these Community Rules.
2.3 Termination of account. Prayvine may, in its sole discretion, terminate your account(s) if it believes you have violated any of the Community Rules, the Copyright Infringement Policy set forth below, or any other provision in this Agreement.
2.4 No obligation to monitor. Prayvine has no obligation to monitor or control the Communities, except to respond to customer service inquiries. However, Prayvine reserves the right to take such action as it deems appropriate or necessary to comply with any applicable law or regulation, or this Agreement, including but not limited to editing, refusing to post, or removing any Content or other material, in whole in part, for any reason, in our sole discretion.
3. Proprietary Rights
3.1 Prayvine (or Prayvine’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Prayvine and that you shall not disclose such information without Prayvine’s prior written consent.
3.2 Nothing in the Terms gives you a right to use any of Prayvine’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
3.3 Other than the limited license set forth in Section 5 (Content License from You), Prayvine acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Prayvine, you agree that you are responsible for protecting and enforcing those rights and that Prayvine has no obligation to do so on your behalf.
3.4 You shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Website.
3.5 In using the Services, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
4. License from Prayvine
4.1 Prayvine gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Prayvine as part of the Services as provided to you by Prayvine (referred to as the "Software" below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Prayvine, in the manner permitted by the Terms.
4.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically authorized do so by Prayvine, in a separate written agreement signed by an authorized representative of Prayvine..
4.3 Unless Prayvine has given you specific permission to do so in a separate written agreement signed by an authorized representative of Prayvine, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
5. Content License from You
5.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Prayvine a perpetual, irrevocable, worldwide, royalty- free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling Prayvine to display, distribute and promote the Services.
5.2 You agree that this license includes a right for Prayvine to make such Content available to other companies, organizations or individuals with whom Prayvine has relationships for the provision of the Services, and to use such Content in connection with the provision of the Services.
5.3 You understand that Prayvine, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Prayvine to take these actions.
5.4 You confirm and warrant to Prayvine that you have all the rights, power and authority necessary to grant the above license.
6. Ending Your Relationship with Prayvine
6.1 The Terms will continue to apply until terminated by either you or Prayvine as set out below.
If you want to terminate your legal agreement with Prayvine, you may do so by closing your accounts for all of the Services which you use, where Prayvine has made this option available to you, and by discontinuing your use of the Site.
Prayvine may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) Prayvine is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) the partner with whom Prayvine offered the Services to you has terminated its relationship with Prayvine or ceased to offer the Services to you; or
(D) Prayvine is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(E) the provision of the Services to you by Prayvine is, in Prayvine’s opinion, no longer commercially viable.
Nothing in this Section shall affect Prayvine’s rights regarding provision of Services under Section 1 (Use of the Services) of the Terms.
6.2 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Prayvine have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions laws governing jurisdiction from Section 15 (Miscellaneous) shall continue to apply to such rights, obligations and liabilities indefinitely.
7. Partners and third-party vendors
7.1 The Site allows interactive transactions and access to the sites of Prayvine's partners and other third-party vendors (collectively "Vendors") from which you may purchase certain goods and services. Prayvine does not control the products or services offered by the Vendors, nor does it control the content of their sites. Unless otherwise stated, Vendors are responsible for all aspects of order processing, fulfillment, billing, and customer service. Prayvine is not a party to any transactions between you and the Vendors. Prayvine cannot and does not make any representations or warranties as to the security of any information, including, without limitation, credit card and other personal information you might transmit to a Vendor. You are strongly encouraged to investigate and make whatever inquiries you feel are necessary or appropriate before proceeding with any online or offline transaction with a Vendor.
7.2 All rules, policies (including privacy policies), and operating procedures of Vendors will apply to you while you are on the Vendors' sites. Prayvine is not responsible for the information you provide to the Vendors. Vendors and Prayvine are independent contractors and neither party has any authority to make any representations or communications on behalf of the other
8. EXCLUSION OF WARRANTIES
8.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 8 AND 9, SHALL EXCLUDE OR LIMIT PRAYVINE’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
8.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
8.3 IN PARTICULAR, PRAYVINE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
8.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
8.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PRAYVINE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
8.6 PRAYVINE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
9. LIMITATION OF LIABILITY
9.1 SUBJECT TO OVERALL PROVISION IN SECTION 8.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT PRAYVINE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE;
(II) ANY CHANGES WHICH PRAYVINE MAY MAKE TO THE WEBSITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE PRAYVINE WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
9.2 THE LIMITATIONS ON PRAYVINE’S LIABILITY TO YOU ABOVE SHALL APPLY WHETHER OR NOT PRAYVINE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
10. Copyright and Trademark Policies
10.1 It is Prayvine’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers. Prayvine’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Prayvine to delete, edit, or disable the material in question, you must provide Prayvine with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the 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 infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Prayvine to locate the material; (d) information reasonably sufficient to permit Prayvine to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Prayvine’s designated agent at: [email protected].
10.2 Copyright. The material you are downloading is copyrighted by Prayvine and its licensors. All rights reserved. This work may not be copied, modified, re-published, uploaded, executed, or distributed in any way, in any medium, whether in whole or in part except pursuant to express license terms agreed upon by Prayvine and you.
10.3 Trademarks. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site are registered and unregistered trademarks of Prayvine and its affiliates, and other third parties. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Prayvine or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Prayvine will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking of criminal prosecution.
11.1 You agree to indemnify Prayvine and its affiliates, directors, officers, employees, vendors, and agents from, and against all liabilities, expenses (including court costs and attorneys' fees), losses, and other damages that are caused by, arise out of, or relate to, your use of the Site. This includes, but is not limited to, any claim of libel, defamation, obscenity, negligence, violation of rights of privacy or publicity, loss of service by other users of the Site, property damage, and infringement of intellectual property or other rights. Prayvine will notify you promptly of any claim for which it seeks indemnification. You will be afforded the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in any manner prejudicial to Prayvine interests, as reasonably determined by Prayvine.
12. Other Content
12.1 The Services may include links to other web sites or content or resources. Prayvine may have no control over any web sites or resources which are provided by companies or persons other than Prayvine.
12.2 You acknowledge and agree that Prayvine is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
12.3 You acknowledge and agree that Prayvine is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
13.1 The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the materials to countries or persons prohibited under the export control laws. By downloading any materials, you represent that you are not in a country where such export is prohibited and that you are not on the US Commerce Department's Table of Denial Orders or the US Treasury Department's list of specially-designated Nationals. Any goods, technology or services of Prayvine provided to you through this site are provided in accordance with U.S. Export Regulations, diversion contrary to U.S. law is prohibited. ECN: 3d991
14.1 Sometimes when you use the Website, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
14.2 The Terms constitute the whole legal agreement between you and Prayvine and govern your use of the Services (but excluding any services which Prayvine may provide to you under a separate written agreement), and completely replace any prior agreements between you and Prayvine in relation to the Services.
14.3 You agree that Prayvine may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Website.
14.4 You agree that if Prayvine does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Prayvine has the benefit of under any applicable law), this will not be taken to be a formal waiver of Prayvine’s rights and that those rights or remedies will still be available to Prayvine.
14.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
14.6 You acknowledge and agree that each member of the group of companies of which Kite Plus Key, LLC is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
14.7 The Terms, and your relationship with Prayvine under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and Prayvine agree to submit to the exclusive jurisdiction of the courts located within the county of Santa Clara, California to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Prayvine shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
15. Updates and changes to these terms