Terms and Conditions
The following terms and conditions (the “Terms and Conditions”) govern your use of https://passiontucson.org/ as well as all other domain names owned or controlled by Passion Church (collectively, the “Site”). We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Site.
BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD EXIT THE SITE IMMEDIATELY. THIS IS A BINDING LEGAL AGREEMENT.
The following terminology applies to these Terms and Conditions, Privacy Statement, Disclaimer Notice, and all Agreements: “Client”, “You” and “Your” refers to you, the person visiting/viewing this website. “Church”, “Ourselves”, “We”, “Our” and “Us”, refers to Passion Church. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance, and consideration of payment (as applicable) necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Church’s stated services, in accordance with and subject to, prevailing law of Arizona. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Proprietary Rights. As between you and Passion Church, Passion Church owns, solely and exclusively, all rights, title, and interest in and to the Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, lyrics, software, etc.), code, and data and materials on the Site; this includes but is not limited to any copyrights, trademark rights, patent rights, database rights, and other intellectual property and proprietary rights. Your use of the Site does not grant you ownership of any content, code, data or materials you may access on the Site. You may view the content on the Site and make single copies or prints of the content on the Site for your personal use only. Any commercial distribution, publishing, or other use of the Site, or any content on the Site, is strictly prohibited without the express prior permission of Passion Church or the applicable rights holder. You may not otherwise copy, reproduce, distribute, or otherwise use any content on the Site. If you make other use of the Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for unauthorized use.
Trademarks. The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of Passion Church and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders or otherwise in violation of applicable law. All Trademarks not owned by Passion Church that appear on the Site, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting any license or right to use any Trademark displayed on the Site without the written permission of Passion Church or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Site is strictly prohibited.
Infringement & DMCA Notices. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been violated, please notify Passion Church at:firstname.lastname@example.org. All notices must: a) Clearly identify the material on the Site that you claim is infringing,; b) A statement by you that you believe the disputed use is not authorized; c) A statement by you declaring under penalty of perjury that (1) the above information is accurate, and (2) that you are the owner of the copyright or that you are authorized to act on behalf of that owner; d) your name, address, telephone number, and email address; and e) your physical or electronic signature. Passion Church will remove the alleged infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
User Conduct. You agree that, while using the Site, you shall not upload, post, or transmit to the Site, or distribute or otherwise publish through the Site, any materials that: a) are protected by third party copyright, or other proprietary or intellectual property right; b) are unlawful, threatening, hateful, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, profane, obscene, vulgar, or that contain explicit or graphic descriptions or accounts of sexual acts; c) restrict or inhibit any other user from using and enjoying the Site; d) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; or e) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.
You also agree that you shall not: a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; b) upload, post, publish, transmit, reproduce, distribute, or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted); c) engage in spamming, flooding, harvesting information, or any other activity for any purpose, including but not limited to obtaining lists of users or other information; d) send chain letters or pyramid schemes via the Site; e) attempt to gain unauthorized access to other computer systems through the Site; f) “stalk” or otherwise harass anyone using the Site or access through the Site; g) contact anyone using the Site or accessed through the Site for any commercial purpose; or h) contact anyone using the Site or accessed through the Site for any inappropriate, unlawful, or elicit purpose. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.
You agree that if you include a link from any other website to the Site, such link shall open in a new browser window. You agree not to link from any other website to this Site in any manner such that the Site, or any page of the Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve the right to revoke your right to link to the Site from your website at any time upon written notice to you.
You agree to defend, indemnify, and hold Passion Church and its directors, officers, employees and agents harmless from any and all claims, liabilities, costs, and expenses (including reasonable attorney fees) arising in any way from your use of the Site, your placement or transmission of any message, content, information, software or other materials through the Site, or your breach or violation of the law or of these Terms and Conditions. Passion Church reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Passion Church’s defense of such claim.
User Risk. You assume all risk when using the Site.
PASSION CHURCH IS NOT LIABLE OR RESPONSIBLE FOR ANY ACTIVITIES YOU ENGAGE IN WITH PERSONS YOU FIND AND/OR WHO FIND YOU THROUGH OR ON THE SITE, AND PASSION CHURCH EXPRESSLY WAIVES ANY AND ALL WARRANTIES OF SAFETY AND RESPONSIBILITY FOR YOUR CONDUCT AND INTERACTIONS.
Account & Password. You may create an account in the Site with a username and password. You are responsible for maintaining the strict confidentiality of your account password, and you shall be responsible for any access to or use of the Site by you or any person or entity using a password provided to you, whether or not such access or use has been authorized by or on behalf of you, and whether or not such person or entity is your employee or agent. You agree to a) immediately notify Passion Church of any unauthorized use of your password or account or any other breach of security, and b) ensure that you exit your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify Passion Church when you desire to cancel your account on the Site. Passion Church will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
Activation & Subscription Fees. Passion Church reserves the right to charge activation and/or subscription fees for various services we may offer, in our sole discretion (the “Fees”). Once incurred, the Fees are not subject to refund or offset, unless otherwise agreed in writing.
Media Downloads & Streaming. In the event that you are permitted to download and/or stream media, you understand and agree that your use is limited to personal, non-transferrable access, and is subject to any restrictions placed on such media content.
Product Orders. We may make certain products available to visitors and registrants of the Site, including specials, deals, discounts, and the like. You may only access or purchase any such products by, among other things, warranting that you reside in the United States and you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by PayPal and/or credit/debit card concurrent with your online order or by other payment means acceptable to Passion Church. You agree to pay all applicable taxes. If payment is not received by us, you agree to pay all amounts due upon demand by us, including any costs of collection, including attorney fees.
Third Party Websites. You may be permitted to link from the Site to third party websites (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code, or other materials which may or may not be provided by or through Linked Sites. Links to other sites do not constitute an endorsement by us of such sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites.
DISCLAIMER OF WARRANTIES. THE SITE, INCLUDING WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS, AND MATERIALS, IS PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS INCLUDES WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME, OR UNINTERRUPTED ACCESS; ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION; AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS, OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. PASSION CHURCH ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
LIMITATION OF LIABILITY. IN NO EVENT SHALL PASSION CHURCH OR ANY OF ITS DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, OR CONTENT/SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS, AND FUNCTIONS RELATED THERETO, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR, OR IN CONNECTION WITH, ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO PASSION CHURCH FOR YOUR USE OF THE SITE.
Indemnity. You shall at all times indemnify and hold Passion Church, its respective shareholders, directors, officers, members, employees, agents, successors, and assigns, harmless from and against any and all claims, damages, losses, costs, liabilities, and expenses, including attorney fees, arising out of or caused by a breach by you of any representation, warranty, or agreement made by you and/or any use or reliance on the Content and/or any other property owned by Passion Church, or otherwise arising out of or in any way related to your use of the Site.
Relationships of Parties. Nothing contained in any Passion Church agreement or in these Terms and Conditions shall constitute a partnership between parties, or constitute either party as the agent of the other. Neither party shall hold itself out contrary to the terms of any Passion Church agreement and/or these Terms and Conditions, and neither party shall be or become liable by reason of any representation, act or omission of the other contrary to the provisions the same. Except as otherwise expressly provided for, any Passion Church agreement is not for the benefit of any third party and shall not be deemed to give any right or remedy to any such party.
Waiver. No waiver by Passion Church of any breach of any agreement, warranty, representation, obligation, promise, and/or other part of these Terms and Conditions shall be deemed a waiver of any preceding, continuing, or succeeding breach of the same, or any other item.
Assignment. You shall not assign any of your rights and/or delegate any of your obligations under this or any other agreement with Passion Church. Any purported assignment and/or delegation by you shall be null and void. Passion Church may assign and/or delegate any of its rights and/or obligations under these Terms and Conditions, and/or under any other agreement between you and Passion Church.
Binding Agreements. All applicable Passion Church agreements and these Terms and Conditions shall be binding upon and inure to the benefit of the parties and each of their respective successors and assigns.
Notices. Any notices required to be given by any party to the other shall be in writing either by personal delivery in writing or by postage prepaid mail (registered or certified) with return receipt requested. Either party may change its address for purposes of this Agreement by giving the other party written notice of the new address in the manner set forth above.
Headings. The headings used in these Terms and Conditions, or any articles, sections or paragraphs, are inserted only for the purposes of convenient reference and that they may not accurately or adequately describe the contents of the sections or paragraphs which they head. Such headings shall not be deemed to limit, cover, or in any way affect the scope, meaning, or intent of these Terms and Conditions, nor shall they otherwise be given any legal effect.
Governing Law & Venue; Attorney Fees. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Arizona. The exclusive venue of any mediation, action, or other proceeding arising out of this Agreement shall be in the state and federal courts in Pima County, State of Arizona. The prevailing party in any dispute or proceeding arising out of this Agreement shall be entitled to recover its costs and expenses, including reasonable attorney fees, incurred as a result thereof.
Severability. Nothing herein contained shall be construed as to require the commission of any act contrary to law, and wherever there is any conflict between any provisions of these Terms and Conditions, and any material statute, law, or ordinance contrary to which the parties have no legal right to contract, the latter shall prevail, but in such event, the provisions of the Terms and Conditions affected shall be curtailed and limited only to the extent necessary to bring it within the legal requirements.
Counterparts. All Passion Church agreements, including these Terms and Conditions, may be executed (including by electronic execution) in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
Remedies. In the event any mediation, lawsuit, and/or any other action or proceeding is instituted by you against Passion Church, your recovery, if any, shall be absolutely limited by the dollar amount of the purchase you made from the Site.
Entire Agreement. These Terms and Conditions are intended by the parties as the final expression of their agreement and understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms thereof and supersedes any and all prior and contemporaneous agreements and understandings related thereto. Any modification of these Terms and Conditions by Passion Church shall be binding immediately upon posting to the Site.
Compliance with Local Laws. Passion Church operates the Site from its offices in the United States of America. Passion Church does not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations, do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Notifications to Site & Services. Passion Church reserves the right, for any reason, to terminate, change, suspend, or discontinue any aspect of the Site, including, but not limited to, content, features, or hours of availability. We may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty. Passion Church reserves the right to temporarily or permanently terminate your access to the Site for any or no reason without prior notice.
Acceptance of Terms & Conditions. Your use of the Site constitutes your express understanding, acknowledgement, and acceptance of these Terms and Conditions, to the same extent as if you signed a document evidencing your acceptance and agreement with these Terms and Conditions.