Terms of Use
ChurchArt Online provides an online subscription service.
1. General
By establishing an account with ChurchArt Online you certify that you have read and agree to be bound by these Terms of Use. By entering into this agreement with ChurchArt Online (a service owned by Communication Resources, Inc.), you represent and warrant that you are of legal age to form a binding agreement with us.
We may revise and update these Terms from time to time at our discretion. The date these terms were last amended is shown above. All changes are effective immediately when we post them and apply to all access to and use of the services thereafter.
For the purposes of these Terms, "User" means a person who:
- Establishes a ChurchArt Online account
- Accesses any ChurchArt Online services such as the art library, online calendar, or account/payment information
2. Who is ChurchArt Online
ChurchArt Online offers content and services to help churches or organizations communicate with their members or communities. We've had the pleasure of serving churches since the early 1990s.
When we refer to "ChurchArt Online", "we" or "our" that means Communication Resources, Inc.
These Terms apply to all ChurchArt Online Services, paid or unpaid, made available for use by Users. The term Services apply to any and all content, software, or subscriptions made available to you by us.
"Services" is end-user applications developed or licensed by us such as the Online Calendar.
"Content" is digital or physical media including but not limited to text, video, graphics, templates, or other resources which are owned or licensed by us.
"Subscriptions" are term-based Services or access to Content for use by the User. Subscriptions may be paid or unpaid.
3. Intellectual Property and Right to Use the Services
You acknowledge that the Services and Content are proprietary to ChurchArt Online and protected under intellectual property and other applicable laws.
Services and any Content provided by us grants the User a worldwide, limited, non-exclusive, non-transferable (except as expressly permitted by us), non-sublicensable right under its intellectual property rights to use the Services or Content, subject to these Terms and for the duration of the corresponding Subscription.
4. Acceptable Use Policy
Copyright Use. By accepting these Terms of Use you agree to the Copyright Policy stated here. The copyright policy includes that ChurchArt Online may be republished or reproduced for use within your own church, parish, or organization. However, your church, organization, or company may not share the artwork or content with other churches, parishes (even within your denomination), organizations or companies. Your church or company also may not republish the artwork or content in any form for resale or redistribution. ChurchArt Online may be republished or reproduced for use within your own church, parish, or organization.
Users accessing the Services or Content shall not:
1. Modify or adapt any Services, expressly including Content, or merge the same into another program or operation other than as expressly contemplated by the relevant Service or Documentation;
2. Reverse engineer, disassemble, decompile, make any attempt to discover or use the source code of any Services;
3. Place all or part of any Service or Content onto a server so that it is accessible via a public network such as the Internet or to any persons who are not licensed under these Terms or the
Copyright Policy stated here.
4. Sublicense, rent, lease, lend, share, trade, or sell all or part of any Service or Content except as expressly permitted by us;
5. Upload viruses or malicious code or do anything that could disable, overburden, or impair the proper working or appearance of any Service; or
6. Infringe upon the copyrights or other intellectual property rights of ChurchArt Online or other parties in connection with your use of the Services.
7. Use the Services or Content to compete with ChurchArt Online.
8. Use the Services to do or share anything that is unlawful, misleading, discriminatory, or fraudulent.
9. Use the Services to do or share anything that infringes on or violates someone else’s rights, including, without limitation, privacy rights.
10. Use the Services to do or share anything that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
11. Use the Services to transmit, or procure the sending of any "junk mail," "chain letter," "spam," or any other similar solicitation.
12. Use the Services to impersonate or attempt to impersonate the Company, a Company employee, another User, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
13. Use the Services to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm the Company, other Users of the Services or third parties, or expose them to liability.
14. Access or collect data from the Services using automated means (without our prior permission) or attempt to access data you do not have permission to access.
15. Use crawlers, spiders, programmable scripts or other automated technologies to browse, search or download images or other material.
We reserve the right to cancel and delete the account of and access to any Services by any User we determine to be in breach of these Terms, the relevant Documentation or any policy, including our Privacy Policy, applicable to use of the Services. Users agree not to engage in the conduct described above (or to facilitate or support others in doing so). We encourage Users to exhibit a spirit of compassion and generosity towards others.
5. Fees and Payments
Fees. You agree to pay fees for the Services you order on any ChurchArt Online website when you select a Service, typically by placing an order, or that are otherwise communicated to you in writing ("Fees"). Fees are denominated and payable in United States dollars. All Fees paid for time periods of a Subscription in the past are nonrefundable. All Fees are payable by credit card or other means of payment as authorized by ChurchArt Online.
Consent to Paperless Billing Invoices. By opting-in on the enrollment form, you consent to receive email notifications of invoices and receipts for this account as well as agree to the terms and conditions listed below:
The following terms and conditions of use are required for participation in the Paperless Billing program:
- Agree to receive email notifications of the availability of an invoice for Communication Resources, Inc. products and subscription services.*
- Agree that it is your responsibility to keep your email address associated with your account up-to-date.
- Acknowledge the Paperless Billing notification will only be sent to the email address(s) registered with this Paperless Billing program.
- Acknowledge Communication Resources, Inc. cannot guarantee that your email will be delivered to your inbox given the individual use of “SPAM” filters and privacy settings.
Communication Resources, Inc. reserves the right to cancel this service, change the terms of your use of this service, or terminate your use of this service at any time with or without cause. We also reserve the right to send you important billing invoices, receipts and other information about your account via the U.S. Postal Service.
*Communication Resources, Inc., is the parent company of Children's Worship Bulletins, ChurchArt Online, HomeTouch Ministry, Homiletics Online, Instant Church Directory, The NEWSLETTER Newsletter, My Church Events, and The Wired Word.
Payment Processing. You acknowledge and agree that ChurchArt Online uses a third-party payment processor for all credit card transactions. Payments made via credit card are subject to the terms and conditions of such payment processors, as well as the terms of your own banking institution or credit card provider. You hereby authorize ChurchArt Online and its third-party payment processing provider to charge your credit card for all applicable Fees. You agree to provide us with accurate and timely credit card information. In the event that we are unable to charge Fees to the credit card provided, and you do not provide us with another valid credit card prior to the date on which you are due to be charged, then your ability to access and use the Services and Content will be suspended or terminated in our sole discretion.
We reveal only the last four digits of your credit card number on historical account records. We transmit the entire encrypted credit card number to the appropriate credit card company during order processing.
You can update your payment method at any time under "My Account".
Suspension. Fees payable to ChurchArt Online shall continue to accrue during any period of Service suspension. Amounts due must be paid in full as a condition precedent to Service reactivation, which reactivation will be at our sole discretion.
6. Subscriptions
Free trials. Your Subscription may start with a free trial for a limited period of time. When combining free trials with other offers, restrictions may apply. Free trials are for new and certain former subscribers only. We reserve the right to determine your free trial eligibility. Some free trials will not allow auto-renewal. To continue service on free trials without automatic renewal, you will need to subscribe and have an active credit card on file on your account. Some free trials will be subject to auto-renewal and require a credit card to be on file at the time the trial starts. In these instances, we will begin billing you for your Subscription at the end of the free-trial period unless you cancel the automatic renewal (see Cancellation/Termination) prior to the end of the free-trial period. Please keep a record of when your free-trial period ends. You are responsible for canceling the automatic renewal of your Subscription in a timely manner.
Paid Subscriptions. All Subscriptions begin when we confirm your initial payment and renew thereafter on an automatic basis as described in your Order (e.g. monthly, quarterly, annually, or on some other basis). By subscribing, you agree to allow us to automatically renew your Subscription at the end of each Subscription period. Your Subscription will automatically renew on the renewal date shown on the “My Account” page. On the renewal date, the credit card associated with your account will be charged the then-current rate for the Subscription term you chose.
We will do our best to provide notice of any changes to service terms or price at the time of the change. If a renewal payment fails, you will be notified via email. You will have 13 days to update your payment information before your Subscription will be suspended. All notices regarding your Subscription will be sent to the email address associated with your account including the alternate billing email if provided. It is up to you to keep that email address(es) current.
How to manage your Subscription. You can view recent payments, renewals, change your plan by visiting “My Account” after you have logged in at
www.ChurchArt.com.
Cancellation/Termination. To cancel your Subscription you must click “Cancel Subscription” from the "My Account" dashboard and follow the instructions given. Once you’ve done this, your Subscription will not automatically renew at the next renewal date. You will have full access to the Services subject to the Subscription until the end of your existing paid subscription term unless you chose another option while canceling.
7. Chargebacks and Disputes
In the event that your account receives a charge from ChurchArt Online that you don't recognize or remember authorizing, you agree to first resolve any matter with ChurchArt Online via phone or email before filing a chargeback with your bank or credit card company so we can help you handle any billing issues and avoid mistakes that could result in the termination of the Services.
NOTE: Charges to credit cards for ChurchArt Online may be listed as "COMRESOURCES" on your statement.
8. Rights and Access Privileges
ChurchArt Online Subscriptions grants a person or people who are affiliated with the church or organization to use the Services or Content only for that church or organization. We reserve the right to monitor use of the Services and Content to detect, prevent and disable excessive logins indicating use of the Services and Content. We do not offer site licenses, shared licenses, co-op licenses, or library licenses.
9. Marketing Communications
When you register for an account with ChurchArt Online you are automatically opted in to receive marketing communications from us via email, physical mail, and website advertisements. If you decide you want to discontinue receiving these materials, you can unsubscribe by clicking an unsubscribe link or by sending an email to service@churchart.com with your preferences. Even if you unsubscribe to marketing communications, we will send you occasional emails about your account or the Services. Emails may be sent after you make a payment or renewal (such as receipts), or instructions for using the Service, Content, as well as important notifications about your subscription.
10. Privacy
By accepting these Terms of Use you have read our Privacy Policy and understand our collection and use of personally identifiable information. Our Privacy Policy governs your use of the Services and is incorporated herein.
11. User Representations and Warranties
You represent and warrant that you have the right and authority to enter into these Terms. You shall provide reasonable information and assistance to us to enable ChurchArt Online to deliver the Services and Content to you. You acknowledge that our ability to deliver the Services and Content in the manner provided in these Terms may depend upon the accuracy and timeliness of such information and assistance.
12. User Security Responsibilities
Users are responsible for notifying ChurchArt Online immediately of any known or suspected unauthorized use of any password or User ID or any other known or suspected breach of security. You agree to report the foregoing to ChurchArt Online immediately and use reasonable efforts to stop any unauthorized use that is known or suspected.
13. General Limitation of Warranty, Liability, and Indemnification
YOU HEREBY ACKNOWLEDGE AND AGREE AS FOLLOWS:
THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITH ALL FAULTS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, USEFULNESS OR RELIABILITY OF THE SERVICES, OR THE RESULTS OF YOUR USE OF THE SERVICES. WE ALSO DO NOT WARRANT OR GUARANTEE THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED, AND ERROR-FREE; THAT ANY DEFECT OR ERROR WILL BE CORRECTED; OR THAT THE SERVICES WILL BE FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICES WILL BE SOLELY AND ENTIRELY AT YOUR OWN RISK.
IN NO EVENT SHALL WE OR ANY OF OUR SUCCESSORS OR ASSIGNS BE LIABLE UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING OUT OF OR RELATED TO YOUR USE OF (OR YOUR INABILITY TO USE) THE SERVICES, REGARDLESS OF WHETHER OR NOT WE OR ANY OF OUR SUCCESSORS OR ASSIGNS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
IN NO EVENT SHALL OUR TOTAL AND AGGREGATE LIABILITY TO YOU AND/OR OTHERS FOR ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF (OR YOUR INABILITY TO USE) THE SERVICES EXCEED THE GREATER OF (I) THE AMOUNTS BY PAID BY YOU TO US IN THE TWELVE-MONTH PERIOD PRIOR TO SUCH CLAIM ARISING; OR (II) U.S.$100.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR TOTAL LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH CASE, OUR TOTAL AND AGGREGATE LIABILITY TO YOU ARISING OUT OF OR RELATED TO YOUR USE OF (OR YOUR INABILITY TO USE) THE SERVICES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
BY USING THE SERVICES, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS US AND OUR EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, ACTIONS, SUITS, PROCEEDINGS, JUDGMENTS, ORDERS, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND LEGAL COSTS) ARISING OUT OF OR RELATED TO ANY OF THE FOLLOWING: (I) YOUR USE OR, IF YOU ARE A COMMUNITY, YOUR USERS’ USE, OF THE SERVICES; (II) ANY USER CONTENT CREATED, PUBLISHED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES BY YOU OR YOUR USERS (IF YOU ARE A COMMUNITY); (III) ANY TRANSACTION OR INTERACTION BETWEEN YOU AND ANY OTHER USER OF THE SERVICES; AND/OR (IV) YOUR OR YOUR USERS’ (IF YOU ARE A COMMUNITY) VIOLATION OF THESE TERMS OR ANY APPLICABLE LAW.
14. Conflicts
In the event of any conflict between these Terms and any other written or oral agreement between you and ChurchArt Online, or any Documentation or published ChurchArt Online policy, these Terms shall govern.
15. Governing Law
These terms will be governed by the laws of the State of Ohio, without reference to conflict of laws provisions thereof.
16. Contact
If you have any concerns or questions about these Terms, please contact ChurchArt Online customer support team at:
service@ChurchArt.com
Or by physical mail to:
ChurchArt Online
PO Box 9290
Canton, OH 44711