Terms and Conditions
Last Updated: 04-21-2015
Acceptance of Terms
By agreeing you acknowledge that you have read and agree to be bound by the iDisciple.org Terms and Conditions. iDisciple LLC provides services on the internet and the World Wide Web ( the Web ) through its iDisciple.org application and various web sites, including iDisciple.org, subject to the following Terms and Conditions. iDisciple LLC may update the Terms and Conditions from time to time, without notice, and maintains the most current version of these Terms and Conditions at https://www.idisciple.org/terms-and-conditions. When using iDisciple.org, you shall also be subject to any additional guidelines or rules which may be posted from time to time on the iDisciple.org site. All such guidelines or rules are hereby incorporated by reference into these Terms and Conditions. Violations of these Terms and Conditions should be reported via email to legal@iDisciple.org.
Description of Service
iDisciple LLC provides users with access to a variety of services through iDisciple.org, including but not limited to, online video viewing, blog posts, commentary, other various communications tools, forums, and personalized content, at no charge to the user. By using iDisciple.org, you understand that such usage may include communications from iDisciple LLC, including but not limited to service announcements, administrative messages, and other messages to which you have individually subscribed. You understand and agree that you are responsible for obtaining access to iDisciple.org, which may involve equipment and third party fees (such as internet service provider fees, airtime charges, or other charges associated with the display and delivery of messages).
Your Registration Obligations
You acknowledge and agree to:
- Provide true, accurate, current and complete information about yourself as prompted by iDisciple.org registration form(s) (the Registration Data )
- Maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If iDisciple LLC suspects that such information is untrue, inaccurate, not current or incomplete. iDisciple LLC has the right to suspend or terminate your account and refuse any and all current or future use of iDisciple.org ( or any portion thereof ). iDisciple LLC is concerned about the safety and privacy of all of its users, particularly children. For this reason, parents of children under the age of 13 who allow their children to access iDisciple.org must acknowledge that iDisciple.org is designed to appeal to a broad audience. Accordingly, as your child’s legal guardian, it is your responsibility to determine whether iDisciple.org is appropriate for your child.
Subscription, Billing and Cancellation
- Ongoing Subscription. Your Giving Member subscription will continue until you cancel your subscription or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to remain a Giving Member. We will bill the subscription fee to your Payment Method. You must cancel your subscription before it renews in order to avoid billing of the next membership fee to your Payment Method.
- Differing Subscription. We may offer a number of subscription plans, including special promotional plans or subscriptions with differing conditions and limitations. Any materially different terms from those described in these Terms and Conditions will be disclosed at your sign-up or in other communications made available to you. Some promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered subscription plans.
- Your initial payment covers your first subscription period, that is either monthly or annual. Thereafter, you will be billed each month/year accordingly.
- If you wish to cancel at any time, go to our website, sign in, click on Account and then click Cancel Subscription. You will be asked to confirm your cancellation. Once you accept, you will see a confirmation that your account is cancelled.
- Recurring Billing. By starting your Giving Member subscription, you authorize us to charge you a monthly/annual subscription fee at the then current rate, and any other charges you may incur in connection with your use of the Giving Member service to your Payment Method.
- Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms and Conditions, any price changes to your service will take effect following email notice to you.
- Billing Cycle. The subscription fee for our service will be billed at the beginning of the paying portion of your subscription and each month/year thereafter unless and until you cancel your subscription. We automatically bill your Payment Method each month/year on the calendar day corresponding to the commencement of your paying subscription. Subscription fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying subscription began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Giving Member subscription or became a paying subscriber on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Subscription. Visit our website, sign into your account and click “Account” to see the commencement date for your next renewal period. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms and Conditions, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.
- No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our subscribers ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
- Payment Methods. All subscribers are required to maintain valid credit card information on file for the processing of any applicable service fees. You may edit your Payment Method information by visiting our website, signing in, clicking Account, then clicking Payment Info. Once you make the appropriate changes, and click Update to save the changes. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. At its sole discretion, iDisciple may use credit card issuer-approved services, such as VISA Account Updater and MasterCard Automatic Billing Updater, to acquire updated payment information for the purpose of processing outstanding payments that are on your account. This may result in a change to your payment billing dates. iDisciple may take any reasonable action to validate your credit card and registration information and collect all payments due.If you signed up for iDisciple using your account with a third party (i.e., iTunes, or similar account) as a Payment Method, and wish to cancel your Giving Member subscription at any time, including during your free trial, you will need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the Giving Member service. You may also find billing information about your Giving Member subscription by visiting your account with the applicable third party. For certain Payment Methods, the issuer of your Payment Method may charge you certain fees or other charges. Check with your Payment Method service provider for details.
- Cancellation. You may cancel your Giving Member subscription at any time, and you will continue to have access to the Giving Member service through the end of your billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS. To cancel, go to our website, sign in, click on Account and then click Cancel Subscription. You will be asked to confirm your cancellation. Once you accept, you will see a confirmation that your account is cancelled.
Member Account, Password and Security
During the iDisciple.org registration process, you will choose a password and account designation. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account. You agree to:
- Immediately notify iDisciple LLC of any unauthorized use of your password or account or any other breach of security
- Ensure that you exit from your account at the end of each session
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or forum postings, or other material (Content), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you are entirely responsible for all Content that you upload, post, email, transmit, or otherwise make available via iDisciple.org. Although iDisciple LLC does monitor Content submitted to iDisciple.org, iDisciple LLC cannot reasonably guarantee the accuracy, integrity, quality, or suitability of such Content. You understand and agree that by using iDisciple.org, you may be exposed to Content that is offensive, indecent, or objectionable. You agree to not use iDisciple.org to:
- Upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, discriminatory, or racially, ethnically, or otherwise objectionable
- Harm minors in any way
- Impersonate any person or entity, including, but not limited to, an iDisciple LLC official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity
- Forge headers or otherwise manipulate identifiers in order to disguise the origins of any Content transmitted through iDisciple.org
- Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships ( such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements
- Upload, post, email, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (Rights) of any party
- Upload , post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation
- Upload, post, email, transmit otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment
- Disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users ability to engage in real time exchanges
10. Interfere with or disrupt iDisciple.org or servers or networks connected to iDisciple.org, or disobey any requirements, procedures, policies, or regulations of networks connected to iDisciple.org
11. Intentionally or unintentionally violate any applicable local, state, national or international law
12. Provide material support or resources ( or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act
13. Stalk or otherwise harass another
14. Collect or store personal data about other users in connection with the prohibited conduct and activities set forth above
iDisciple LLC provides iDisciple.org for uncompensated, personal, and intangible spiritual and/or religious benefit. You acknowledge that iDisciple LLC may or may not prescreen Content, but that iDisciple LLC and its designees shall have the right (but not the obligation) in their sole discretion to prescreen, refuse, or remove any Content that is available via iDisciple.org, for any reason.
You acknowledge, consent and agree that iDisciple LLC may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
- Comply with legal process
- Enforce the Terms and Conditions
- Respond to claims that any Content violates the rights of third parties
- Respond to your requests for customer service
- Protect the rights, property or personal safety of iDisciple LLC, its users and the public
You understand that the technical processing and transmission of iDisciple.org, including your Content, may involve
- Transmissions over various networks
- Changes to confirm and adapt to technical requirements of connecting networks or devices
Global Nature of Communications
You acknowledge that in using iDisciple.org, you will be causing communications to be sent through iDisciple LLC‘s computer networks, portions of which are located throughout the globe. As a result, even communications that seem to be intrastate in nature can result in the transmission of interstate and global communications regardless of where you are physically located at the time of transmission. Accordingly, you acknowledge that use of iDisciple.org results in interstate and global data transmissions. Recognizing the global nature of the internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Content Submitted or Made Available for Inclusion on the Service
iDisciple LLC does not claim ownership of Content you submit or make available for inclusion on iDisciple.org. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of iDisciple.org, you grant iDisciple LLC the following worldwide, royalty free and nonexclusive license(s) , as applicable:
- With respect to Content you submit or make available for inclusion on publicly accessible areas of iDisciple.org, the license to use, distribute, reproduce, modify, adapt, publicly perform, publicly display, and make derivative works of such Content for the purposes of providing and promoting the specific iDisciple.org area to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on iDisciple.org and will terminate at the time you remove or iDisciple LLC removes such Content from iDisciple.org
- With respect to Content other than photographs, graphics, audio, or video you submit or make available for inclusion on publicly accessible areas of iDisciple.org, the perpetual , irrevocable and fully sub-licensable license to use, distribute reproduce, modify, adapt, publish, translate, publicly perform, publicly display, and make derivative works of such Content ( in whole or part) and to incorporate such Content into other works in any format or medium now known or later developed
- Publicly accessible free content areas of iDisciple.org are those areas that are intended to be available to the general public. Publicly accessible free content areas of iDisciple.org would include, but not limited to, message boards, blog comments, community areas, and forums that are open to both members and visitors.
Contributions to iDisciple.org
By submitting ideas, suggestions, documents, and/or proposals (Contributions) to iDisciple.org, you acknowledge and agree that:
- Your Contributions do not contain confidential or proprietary information
- iDisciple LLC is not under any obligation of confidentiality, express or implied, with respect to the Contributions
- iDisciple LLC shall be entitled to use or disclose ( or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide
- iDisciple LLC may have something similar to the Contribution already under consideration or in development
- Your Contributions automatically become property of iDisciple LLC without any obligation of iDisciple LLC to you
- You are not entitled to any compensation or reimbursement of any kind from iDisciple LLC under any circumstances
Indemnity and Release of Liability
You agree to indemnify and hold iDisciple LLC and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through iDisciple.org, your use of iDisciple.org, your connection to iDisciple.org, your violation of the Terms and Conditions, or your violation of any rights of another. You expressly understand and agree that iDisciple LLC and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make not warranty that:
- iDisciple.org will meet your requirements
- iDisciple.org will be uninterrupted, timely, secure or error free
- The results that may be obtained from the use of iDisciple.org will be accurate or reliable. Under no circumstances will iDisciple LLC be liable in any way for any loss or damage of any kind incurred as a result of the use of any Content made available via iDisciple.org
You expressly understand and agree that any material downloaded or otherwise obtained through the use of iDisciple.org is accessed at your own discretion a risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No Resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of iDisciple.org, use of iDisciple.org, or access to iDisciple.org.
General Practices Regarding Use and Storage
You acknowledge that iDisciple LLC may establish, and modify from time to time, general practices and limits concerning the use of iDisciple.org, including without limitation the maximum number of days that Content will be retained by iDisciple.org. You agree that iDisciple LLC has no responsibility or liability for the deletion of or failure to store any Content maintained or transmitted by iDisciple.org. You acknowledge that iDisciple LLC reserves the right, at its sole discretion, to log off and completely remove accounts that remain inactive for an extended period of time.
Modifications to Service
iDisciple LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, iDisciple.org (or any part thereof) with or without notice. You agree that iDisciple LLC shall not be liable to you or to any third party for any modification, suspension, or discontinuance of iDisciple.org
You agree that iDisciple LLC may for any reason or no reason and without prior notice, at its sole discretion, immediately terminate your iDisciple LLC account and access to iDisciple.org at any time and for any reason, and shall not be liable to you or any third party for any termination of your account or access to iDisciple.org
Dealings with Third Parties
You acknowledge that your dealings with, any parties met or found on or through iDisciple.org are solely between you and such party. You agree that iDisciple LLC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
iDisciple.org may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that iDisciple LLC has no control over, is not responsible for the availability of, and does not endorse and is not responsible or liable for, any Content, advertising, products, or other materials on or available from such sites or resources. You acknowledge and agree that iDisciple LLC is not responsible in any way for any damage or loss by or in connection with use of or reliance on any such site or resource.
You acknowledge and agree that iDisciple.org contains proprietary and confidential information that is protected by copyrights, trademarks, service marks, patents, intellectual property laws, or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by iDisciple LLC, you agree not to copy, modify, rent, lease, loan, sell, distribute, publicly display, publicly perform or create derivative works based on iDisciple.org, in whole or part.
Limitation of Liability
You expressly understand and agree that iDisciple LLC and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses
(even if iDisciple LLC has been advised of the possibility of such damages), resulting from:
- Use or the inability to use iDisciple.org
- Unauthorized access to or alteration of your transmissions or data
- Statements or conduct of any third party on iDisciple.org
- Any other matter relating to iDisciple.org
- Tax Treatment Donations
The “Giving Account” and the monies that fund an individual account are sourced from, provided and owned by Family Christian Ministry. Users and customers of iDisciple app have an opportunity to request all or a portion of an individual account balance to be donated to a qualified 501 c 3 of their choice. However, for tax purposes, this donation is given by Family Christian Ministry and does not provide a tax deduction to the user making the charity request. Since the donation is given by Family Christian Ministry, the user and customer is not provided a receipt for tax purposes.
Additionally, when using the iDisciple app, a user and customer may make a donation that is funded from their debit/credit card and directed to a qualified 501 c 3 of their choice. iDisciple facilitates this service as a convenience to the user. As part of this service, the donation is actually made to Family Christian Ministry and passed on to the chosen qualified 501 c 3 less appropriate debit/credit card fees. As well as, for tax purposes, the debit/credit card donor will receive a receipt from Family Christian Ministry as the nonprofit receiving the donation.
No Third Party Beneficiaries
You agree that, except as otherwise expressly provided within these Terms and Conditions, there shall be no third party Beneficiaries to this agreement.
iDisciple LLC may provide you with notices, including those regarding changes to these Terms and Conditions, including but not limited to email, regular mail, SMS, MMS, text message, postings on iDisciple.org, or other reasonable means now known or hereinafter developed.
The trademarks, logos, service marks, and product and service names related to iDisciple LLC and its outreaches are trademarks of iDisciple LLC. Without prior written permission from iDisciple LLC, you agree not to display or use the iDisciple LLC Marks in any manner.
Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement
iDisciple LLC respects the intellectual property of others. We ask our users to do the same, particularly where it pertains to using iDisciple.org. iDisciple LLC may, in appropriate circumstances and at its sole discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send the following information to legal@iDisciple.org;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest in question.
- Written description of the copyrighted work or other intellectual property that you claim has been infringed
- Written description of where the material that you claim is infringing is located on iDisciple.org
- Your address, telephone number, and email address.
- Written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- Written statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are these copyright or intellectual property owner, or that you are authorized to act on the behalf of the copyright or intellectual property owner
Arbitration of Disputes
If you are a United States user, the following mandatory arbitration provisions also apply to you:
- You and iDisciple agree that any dispute, claim or controversy arising out of or relating in any way to the iDisciple.org platform or your use thereof, including our Agreements, shall be determined by mandatory binding arbitration. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and iDisciple are each waiving the right to a trial by jury and the right to participate in a class or multi-party action. This arbitration provision shall survive termination of this Agreement and the termination of your iDisciple account. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (the “AAA Rules”), as modified by these Agreements, and as administered by the AAA. You and iDisciple agree that these Agreements involve interstate commerce and are subject to the Federal Arbitration Act.
- You and iDisciple agree that (a) any claims seeking to enforce, protect, or determine the validity or ownership of any intellectual property rights, and (b) any claims related to allegations of theft, piracy or unauthorized use of the iDisciple platform are NOT subject to mandatory arbitration. Instead, you and iDisciple agree that these claims (including but not limited to claims for injunctive or equitable relief) shall be exclusively decided by courts of competent jurisdiction in Fulton County, Georgia and that applicable Georgia and/or Federal law shall govern, without regard to choice of law principles.
- YOU AND iDISCIPLE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY OR PROCEEDING. Further, no arbitrator shall consolidate any other person’s claims with your claims, and may not otherwise preside over any form of a multi-party or class proceeding. If this specific provision is found to be unenforceable in any way, then the entirety of this arbitration section shall be null and void.
- Any arbitration must be commenced by filing a demand for arbitration with the AAA within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitations period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA's Consumer Rules with the remainder paid by iDisciple. Any arbitration costs or fees deemed “excessive” will be paid by iDisciple.
Entire agreement. These Terms and Conditions constitute the entire agreement between you and iDisciple LLC and governs your use of iDisciple.org, superseding any prior agreements between you and iDisciple LLC with respect to iDisciple.org. You also may be subject to additional Terms and Conditions.
Choice of Law and Forum. These Terms and Conditions and the relationship between you and iDisciple LLC shall be governed by the laws of the State of Georgia without regard to conflict of law provisions. You and iDisciple LLC agree to submit to the personal and exclusive jurisdiction of the courts within the county of Fulton County, Georgia.
Waiver and Severability of Terms. The failure of iDisciple LLC to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect.
No Right of Survivorship and Non Transferability. You agree that your iDisciple LLC account is nontransferable, and any rights to your iDisciple LLC account or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, iDisciple LLC may terminate your account and permanently delete all contents therein.
Statute of Limitations. You understand and agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of iDisciple.org or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles within these Terms and Conditions are for convenience only and have no legal or contractual effect.