Last Updated: July 1, 2018

These Terms and Conditions of Service (“Terms and Conditions”) are a legal agreement between you (“you,” “your”) and Help The Persecuted  (”HTP,” “we,” “our” or “us”) and govern your use of HTP’s services, including mobile applications, websites, software, hardware, and other products and services (collectively, the “Services”). If you are using the Services on behalf of a business, you represent to us that you have authority to bind that business or entity to these terms, and that business accepts these terms. By using any of the Services, you agree to these Terms and Conditions and any policies referenced within (“Policies”) these Terms and Conditions, including terms that limit our liability and require individual arbitration for any potential legal dispute. You also agree to any additional terms specific to Services you use (“Additional Terms”), such as those listed below, which become part of your agreement with us (collectively, the “Terms”). You should read all of our terms carefully.

  1. Privacy

You consent (Opt In) to HTP’s Privacy Notice, which explains how we collect, use, and protect the personal information you provide to us.

  1. Revisions, Disclosures and Notices

We may amend these Terms and Conditions at any time with notice that we deem to be reasonable under the circumstances, by posting the revised version on our website or communicating it to you through the Services you have registered into. The Revised Version will be effective as of the time it is posted, but will not apply retroactively. Your continued use of the Services after the posting of a Revised Version constitutes your acceptance of such Revised Version. Any Dispute (as defined in Section 20) that arose before the changes will be governed by the Terms in place when the Dispute arose.

  1. Age Limitations

The Services are intended for use by persons aged 18 or older. We do not knowingly allow use of the Services by any person that we believe to be younger than 18. We also do not collect any personally identifiable information from any persons under the age of 18 and if we discover that we have been provided any such information, we will delete this information from our records.

  1. Revisions, Disclosures, and Notices

We may amend these Terms and Conditions at any time with notice that we deem to be reasonable under the circumstances, by posting the revised version on our website or communicating it to you through the Services you have registered into. The Revised Version will be effective as of the time it is posted, but will not apply retroactively. Your continued use of the Services after the posting of a Revised Version constitutes your acceptance of such Revised Version. Any Dispute (as defined in Section 20) that arose before the changes will be governed by the Terms in place when the Dispute arose.

  1. Restrictions

You may not, nor may you permit any third party, directly or indirectly, to:

  1. export the Services, which may be subject to export restrictions imposed by US law, including US Export Administration Regulations (15 C.F.R. Chapter VII);
  2. access or monitor any material or information on any HTP system using any manual process or robot, spider, scraper, or other automated means;
  3. the extent that any restriction is expressly prohibited by law, violate the restrictions in any robot exclusion headers on any Service, work around, bypass, or circumvent any of the technical limitations of the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services;
  4. perform or attempt to perform any actions that would interfere with the proper working of the Services, prevent access to or use of the Services by our other partners, or impose an unreasonable or disproportionately large load on our infrastructure;
  5. copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, or distribute in any way material, information or Services from HTP;
  6. use and benefit from the Services via a rental, lease, timesharing, service bureau or other arrangement;
  7. transfer any rights granted to you under these Terms and Conditions;
  8. use the Services in a way that distracts or prevents you from obeying traffic or safety laws;
  9. use the Services for the sale of firearms, firearm parts, ammunition, weapons or other devices designed to cause physical harm;
  10. use the Services for any illegal activity or goods or in any way that exposes you, other HTP users, our partners, or HTP to harm; or
  11. otherwise use the Services except as expressly allowed under these Terms and Conditions.

If we reasonably suspect that you have used HTP’s Services for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you and any of your transactions with law enforcement.

  1. Compatible Mobile Devices and Third Party Carriers

We do not warrant that the Services will be compatible with your mobile device or carrier. Your use of the Services may be subject to the terms of your agreements with your mobile device manufacturer or your carrier. You may not use a modified device to use the Services if the modification is contrary to the manufacturer’s software or hardware guidelines, including disabling hardware or software controls—sometimes referred to as “jail broken.”

  1. Your Content

The Services may include functionality for uploading or providing suggestions, recommendations, feedback, stories, photos, documents, logos, and other materials or information (“Content”).

You grant us and our ministries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, irrevocable, perpetual, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Content throughout the world in any media for any reason, including to provide, promote, and/or incorporate into the Services. You retain all rights in your Content, subject to the rights you granted to us in these Terms and Conditions. You may modify or remove your Content via your HTP Account or by terminating (removing and/or forgetting) your HTP Account, but your Content may persist in historical, archived or cached copies and versions thereof available on or through the Services.

You will not upload or provide Content or otherwise post, transmit, distribute, or disseminate through the Services any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches or infringes any duty toward or rights of any person or entity, including rights of publicity, privacy or intellectual property; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with HTP’s or its partners’ products and services, as determined by us in our sole discretion; or (f) in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Services, or which may expose HTP, its ministries or its partners to harm or liability of any nature.

Although we have no obligation to monitor any Content, we have absolute discretion to remove Content at any time and for any reason without notice. HTP may also monitor such Content to detect and prevent fraudulent activity or violations of HTP’s Terms and Conditions. You understand that by using the Services, you may be exposed to Content that is perceived as objectionable to you. We take no responsibility and assume no liability for any Content, including any loss or damage to any of your Content.

  1. Intellectual Property Infringement

We respect the intellectual property rights of our content creators and ask you to do the same. We have adopted an Intellectual Property Policy regarding third-party claims that your material infringes the rights of others. We respond to all valid notices of such infringement, and our policy is to suspend or terminate the HTP accounts of repeat infringers.

  1. Security

We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You provide your personal information at your own risk.

You are responsible for safeguarding your password and for restricting access to the Services from your compatible mobile devices and computing device(s). You will immediately notify us of any unauthorized use of your password or any other breach of security.

  1. Communications

You consent to accept and receive communications from us, including e-mail, text messages, calls, and push notifications to the cellular telephone number you provide to us when you sign-up or update the contact information associated with your account. Such communications may include, but are not limited to requests for secondary authentication, receipts, reminders, notifications regarding updates to your account or account support, and ministry opportunity communications. You acknowledge that you are not required to consent to receive ministry opportunity texts or calls as a condition of using the Services. Standard message and data rates applied by your cell phone carrier may apply to the text messages and/or calls we transact with you.

You may opt-out of receiving ministry opportunity email communications we send to you by following the ‘Opt-Out’ (through unsubscribe) options on such emails. You may opt out of any ministry opportunity phone calls by informing the caller that you would not like to receive future ministry opportunity calls. You acknowledge that opting out of receiving communications may impact your use of the Services.

  1. Modification and Termination

We may terminate these Terms and Conditions or any Additional Terms, or suspend or terminate any access to any Service, at any time for any reason. We may add or remove, suspend, stop, delete, discontinue or impose conditions on Services or any feature or aspect of a Service. We will take reasonable steps to notify you of termination or these other types of Service changes by email or at the next time you attempt to access these Services.

  1. Effect of Termination

If these Terms and Conditions are terminated or suspended for any reason: (a) the license and any other rights granted under these Terms and Conditions will end, (b) we will keep your information and data stored on our servers in accordance with Gift Aid guidelines, and (c) we will not be liable to you or any third party for compensation, reimbursement, or damages for any termination or suspension of the Services, or for deletion of your information or account data. The following sections of these Terms and Conditions survive and remain in effect in accordance with their terms upon termination: 5 (Your Content), 6 (Intellectual Property Infringement), 10 (Effect of Termination), 12 (Ownership), 13 (Indemnity), 14 (Representations and Warranties), 15 (No Warranties), 16 (Limitation of Liability and Damages), 17 (Third Party Products), 18 (Disputes), 19 (Binding Individual Arbitration), 20 (Governing Law), 21 (Limitation on Time to Initiate a Dispute), 22 (Assignment), 23 (Third Party Service and Links to Other Web Sites), and 24 (Other Provisions).

  1. Your License

We grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to use the software that is part of the Services, as authorized in these Terms and Conditions. We may make software updates to the Services available to you, which you must install to continue using the Services. Any such software updates may be subject to additional terms made known to you at that time.

  1. Ownership

We reserve all rights not expressly granted to you in these Terms and Conditions. We own all rights, title, interest, copyright and other Intellectual Property Rights (as defined below) in the Services and all copies of the Services. These Terms and Conditions do not grant you any rights to our trademarks or service marks.

For the purposes of these Terms and Conditions, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights that may exist now or come into existence in the future, and all of their applications, registrations, renewals and extensions, under the laws of any state, country, territory or other jurisdiction.

You may submit comments or ideas about the Services (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction, that it will not place us under any fiduciary, confidentiality or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.

  1. Indemnity

You will indemnify, defend, and hold us and our processors (and our respective employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms; (b) your wrongful or improper use of the Services; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) your violation of any law, rule or regulation of the United States or any other country; and (e) any other party’s access and/or use of the Services with your unique name, password or other appropriate security code.

  1. Representations and Warranties

You represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) you are eligible to register and use the Services and have the right, power, and ability to enter into and perform under these Terms and Conditions; (c) any information you provide in connection with the Services, including your business name, accurately and truthfully represents your business or personal identity under which you operate; (d) you and all transactions initiated by you will comply with all international, federal, state, and local laws, rules, and regulations applicable to you and/or your business; (e) you will not use the Services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Services; and (f) your use of the Services will be in compliance with these Terms and Conditions.

  1. No Warranties

THE USE OF “HTP” IN SECTIONS 15 AND 16 MEANS HTP, ITS PROCESSORS, ITS SUPPLIERS, AND ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES).

THE SERVICES ARE PROVIDED “AS IS” WITHOUT REPRESENTATION OR WARRANTY, WHETHER IT IS EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, HTP SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

HTP DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

HTP does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party.

  1. Limitations of Liability and Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HTP BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE. IN ALL CASES, HTP WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

UNDER NO CIRCUMSTANCES WILL HTP BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR HTP ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF HTP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

  1. Third Party Items

HTP MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIRD PARTY ITEMS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

  1. Disputes

“Disputes” are defined as any claim, controversy, or dispute between you and HTP, its processors, suppliers or licensors (or their respective affiliates, agents, directors or employees), including any claims relating in any way to these Terms and Conditions or the Services, or any other aspect of our relationship.

  1. Binding Individual Arbitration

You and HTP agree to arbitrate any and all Disputes by a neutral arbitrator who has the power to award the same individual damages and individual relief that a court can. ANY ARBITRATION UNDER THESE TERMS AND CONDITIONS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST HTP. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration). All Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator (the “Arbitrator”) administered by the American Arbitration Association (https://www.adr.org) according to this Section and the applicable arbitration rules for that forum. The Arbitrator shall be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms and Conditions and/or Additional Terms (or any aspect thereof) are enforceable, unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. Subject to applicable jurisdictional requirements, you may elect to pursue your claim in your local small-claims court rather than through arbitration so long as your matter remains in small claims court and proceeds only on an individual (non-class or non-representative) basis. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you are a donor bringing a claim relating to a transaction intended for a personal, household, or family use, any arbitration hearing will occur in Atlanta, Georgia, USA or another mutually agreeable location. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. While an arbitrator may award declaratory or injunctive relief, the Arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s claim. An Arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect. HTP will reimburse the arbitration fees due to the American Arbitration Association for individual arbitrations brought in accordance with this section for all claims totaling less than the equivalent currency to $10,000 (USD) unless the Arbitrator determines that your claims were frivolous. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may seek to recover those fees from the arbitrator. For any claim where you are seeking relief, we will not seek to have you pay our attorney’s fees, even if fees might otherwise be awarded, unless the Arbitrator determines that your claim was frivolous. For purposes of this arbitration provision, references to you and HTP also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of the Services. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions in consumer cases as discussed above) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the City and County of Atlanta, Georgia, or federal court for the State of Georgia.

  1. Governing Law

These Terms and Conditions and any Dispute will be governed by Georgia law and/or applicable federal law (including the Federal Arbitration Act), without regard to its choice of law or conflicts of law principles.

  1. Limitation on Time to Initiate a Dispute

Any action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.

  1. Assignment

These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you and any attempted transfer or assignment will be null and void.

  1. Third Party Services and Links to Other Websites

You may be offered ministry opportunities provided by third parties and not by HTP, including, but not limited to, third party developers who use HTP’s services (“Third Party Services”). If you decide to use Third Party Services, you will be responsible for reviewing and understanding the terms and conditions for these services. We are not responsible or liable for the performance of any Third Party Services. Further, you agree to resolve any disagreement between you and a third party regarding the terms and conditions of any Third Party Services with that third party directly in accordance with the terms and conditions of that relationship, and not HTP. The Services may contain links to third party websites. The inclusion of any website link does not imply an approval, endorsement, or recommendation by HTP. Such third party websites are not governed by these Terms and Conditions. You access any such website at your own risk. We expressly disclaim any liability for these websites. When you use a link to go from the Services to a third party website, our Privacy Notice is no longer in effect. Your browsing and interaction on a third party website, including those that have a link in the Services, is subject to that website’s own terms, rules and policies.

  1. Other Provisions

These Terms and Conditions, and any applicable Additional Terms or Policies, are a complete statement of the agreement between you and HTP regarding the Services. In the event of a conflict between these Terms and Conditions and any other HTP agreement or Policy, these Terms and Conditions will prevail and control the subject matter of such conflict. If any provision of these Terms and Conditions or any Additional Term is invalid or unenforceable under applicable law, then it will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. These Terms and Conditions do not limit any rights that we may have under trade secret, copyright, patent, or other laws. No waiver of any term of these Terms and Conditions will be deemed a further or continuing waiver of such term or any other term.