Privacy Policy

INTRODUCTION AND ACCEPTANCE OF TERMS

Awana Clubs International (collectively, “we,” “us” or “Awana”) provides you access to the Services (defined below) subject to the terms and conditions described in this document (this “Terms of Use”). This Terms of Use also includes our Privacy Policy, incorporated by reference, as explained below.

By using this Service, clicking “I Agree,” registering a User Account (defined below), purchasing the Services, or by indicating your agreement to this Terms of Use through a similar mechanism, you are agreeing to be bound by this Terms of Use. If you do not agree to this Terms of Use, do not use the Services. The Services are not intended for, nor directed at, individuals under the age of 13 (or under the applicable age of consent in your jurisdiction); if you are under 13 years of age (or the applicable age of consent in your jurisdiction), do not use the Services.

SERVICES

Awana provides the Services through its website(s) located at www.awana.org, childdiscipleship.com, britecurriculum.com, my.awana.org, and talkabout.awana.org (each a “Website” and collectively the “Websites”), including, without limitation, all information, content, services, and materials made available through any Website, social media channels, or other online or onsite channels that enable you to participate in any Awana online educational programs (collectively, the “Services”) and related services, or any part thereof. For clarity, Awana offers the Services to churches for use in their children’s preschool and elementary ministry programs. For church preschool and elementary ministry programs, the Services includes a full suite of downloadable digital products, including curriculum lessons, content, video, and materials for use in the church’s preschool and elementary grades K-5 ministry (“Church Preschool and Elementary Services”). Licenses to use and access the Church Preschool and Elementary Services are available to churches for a term of 12 months, based on the number of children in the church’s ministry. The resources available on childdiscipleship.com may include videos, podcasts, articles, downloadable materials, online training, and other resources (“Child Discipleship Resources”). Except as otherwise specified in these Terms of Use, all references to the “Services” shall include “Church Preschool and Elementary Services,” and “Child Discipleship Resources.

Awana reserves the right, at any time and from time to time, to modify the Services provided or any part or portion thereof, with or without notice to you. You agree that Awana shall not be liable to you for any modifications, suspensions, or discontinuance of the Services, or any portion thereof.

Your annual/monthly license to use and access the Church Preschool and Elementary Services will become effective on the date you purchase the Services and will be in effect for a term of 12 months from the purchase date. Until you cancel the Services, your license to use and access the Services will automatically renew for a subsequent 12-month term on each anniversary of the initial purchase date in exchange for payment of the then-applicable Annual/Monthly Fee, provided that you have a valid payment method on file with us (See PAYMENT TERMS below).

Your annual license to use and access the Child Discipleship Resources will become effective on the date you purchase the Services and will be in effect for a term of 12 months from the purchase date. If you purchase additional resources available for sale as part of the Child Discipleship Resources, your license to use those particular resources will be for a term of 12 months from the date you purchased the additional resources.

ACCESS AND USER ACCOUNTS

Access. There are several ways in which you may access or use the Services. In each and every instance, you are only authorized to use the Services if you agree to abide by all applicable laws, rules, regulations, as well as this Terms of Use. You may access the Services as: a “Visitor,” meaning any individual that browses any of our Services, including, without limitation, through a mobile or other wireless device without being registered, but who has access to ‘free’ lessons made available in the Service,

A “Registered User” meaning that you have created a User Account (defined below), registered, and have enrolled in and paid for access to the Services and content.

The term “User” refers to a Visitor, Registered User, or any other person that participates, interacts with, or otherwise makes use of any of the Services and/or any Awana community (e.g., Awana Ministry Directors, Church Leaders, and Volunteers).

User Accounts. In order to use, access, or take part in the Services as a Registered User, you must select a login identification (“User ID”) and a unique user password (“User Password”) (collectively, a “User Account”). You agree that you will never divulge or share access to your User Account with any third party for any reason.

In setting up your User Account, you may be prompted or required to enter additional information, including, but not limited, to your name, email address and Church name. You understand and agree that all information provided by you is accurate, current, and complete and that you will maintain and update your information to keep it accurate, current, and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your use of the Services.

COMMUNICATIONS

If you are Visitor or User, we may contact you through our in-website notification, messaging, and chat services while you browse the Services. You consent to receive these notifications and messages. We also provide information on our Websites for you to contact us with questions or comments. If you use this information to contact us, you consent to receive any notifications, messages, or other communications in response to any such contact.

PRIVACY

In connection with your use of the Services we may collect, store, use, share, and/or process certain information about you and your interaction with our Services. For further explanation on how we treat information collected and received from you when you use the Services and/or participate in features of the Services, please see our Privacy Policy at https://www.awana.org/privacy-and-policies.

USER CONDUCT POLICY

As a condition of accessing or using any portion of the Services, you are prohibited from undertaking, and agree not to: (a) violate any applicable laws, regulations, or rules; (b) set up multiple User Accounts, (c) reproduce, duplicate, copy, sell, resell, display, publish, transfer, distribute, create derivative works of, or exploit for any commercial purposes any portion of the Services, the Online Curriculum, any Content (as defined below), or any other aspect of our operations, other than as expressly allowed under this Terms of Use; (d) reverse-engineer, decompile, disassemble or otherwise access the source code for any software that may be used to operate the Services; (e) use the Awana name, trademarks, service marks, or other materials in connection with, or to transmit, any unsolicited communications or emails; and/or (f) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.

In addition, you may not post, upload, or transmit to or otherwise make available through the Services any content, communications, or other information (collectively, “Unauthorized Content”):

  • that is obscene, fraudulent, indecent, or libelous or that defames, abuses, harasses, discriminates against, or threatens others;
  • that contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
  • that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • that infringes the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party;
  • that violates the rights of other Users of the Services; or
  • that violates any applicable local, state, national or international law or otherwise advocates or encourages any illegal activity.

AWANA’S INTELLECTUAL PROPERTY RIGHTS

The Services are owned and operated by Awana Clubs International. All content or other material available through the Services, including, but not limited to, information on the Websites, video or other lessons, applications, presentation materials, coloring pages, downloadable take-home pages, and other images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, and files (collectively, the “Content”), are the property of Awana and are protected by copyright, patent and/or other proprietary intellectual property rights under United States and foreign law.

Awana logos, trademarks and service marks which may appear on the Website(s), throughout the Services (“Marks”), are the property of Awana and are protected under United States and foreign laws. In addition, elements of the Services may not be copied, reproduced, downloaded, or distributed in any way in whole or in part without the express written consent of Awana.

LICENSE TO USE THE SERVICES

Subject to your compliance with this Terms of Use, Awana hereby grants you a freely revocable, worldwide, non-exclusive, non- transferable, non-sublicensable limited right and license to access, internally use and display the Services, including the Content, at your location solely as necessary to participate in the Services as permitted hereunder. You must abide by all copyright notices or restrictions contained on the Websites, or in the Content. You may not sell or rent any part of the Services, nor create any derivative works based on its Content. You may not delete any attributions, legal or proprietary notices on the Websites, or on the Content.

USER CONTENT

Awana may provide Users with the ability to upload forum posts, chat with other Users, User discussions as well as post content, discussions, materials, media, and other information through profile pages and throughout the Services for social interaction or for use with the Websites, e.g., questions, hypotheticals, examples, etc. (collectively, “User Content”). Awana is not responsible for User Content and does not guarantee that any such User Content is accurate, truthful, up to date, reliable, or appropriate and disclaims any and all liability to you to the fullest extent of the law related to such User Content. You understand and agree that your reliance and/or reference to such User Content are solely at your own risk. Awana does not claim ownership of any User Content that you, or other Users, may submit or make available for inclusion on the Websites. Accordingly, subject to the license granted to Awana below, you will be the sole and exclusive owner of any and all rights, title, and interest in and to the User Content that you submit, post, or share via our Services.

With respect to any User Content you submit to Awana (including for inclusion on the Websites) or that is otherwise made available to Awana, you hereby grant Awana an irrevocable, worldwide, perpetual, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Websites or otherwise exploit the User Content, with the right to sublicense such rights for any purpose (including for any commercial purpose). Awana reserves the right to remove any User Content at any time and for any reason.

To the extent that you provide any User Content through any of the Services, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such User Content and permit Awana to use such User Content as provided above, (b) your User Content is accurate and reasonably complete, (c) such User Content does not violate and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation or unfair business practices and (d) your User Content shall comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content, including, but not limiting to, laws regarding the transmission of technical data exported from the United States.

FORUM AND CHATROOM SERVICES

You may be able to post messages to and interact with other Users or Awana through User forums or chat rooms within the Services, in connection with your participation in the Services. Your use of these Forums is subject to and governed by this Terms of Use. By using any of the communications methods available, you acknowledge and agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) communications are not pre-reviewed, post- reviewed, screened, archived or otherwise monitored by Awana in any manner, though Awana reserves the right to do so at any time at its sole discretion in accordance with this Terms of Use. You acknowledge and agree that any Services Awana provides to you via such Forums may be monitored or recorded for quality control purposes and that the information or material provided as part of the services is considered “Content” under this Terms of Use and is provided for educational purposes only.

SOCIAL SHARING AND AWANA PROFILES

To the extent you utilize any features of our Service that allow for public and/or social sharing of Forum content, User Content, or Profiles (as defined in our Privacy Policy), you understand that such information may be made available to third parties. While we attempt to limit access to your content to legitimate Users, we cannot guarantee that other third parties will not gain access to this database.

You should not put sensitive information or other information you would not want made public, in your Profile or otherwise share that information socially. If you do include such information in your Profile or otherwise publicly share your information, then you agree that it is at your own risk and recognize that we cannot control third parties’ access to such information. You should not socially share or otherwise provide any of the following information or data in your Profile: (i) racial or ethnic origin, (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union or political party (v) physical or mental health or biometric or genetic details (vi) addictions, sexual activities (vii) criminal offenses or proceedings (viii) information relating to unlawful or objectionable conduct, or (ix) any Social Security Number or national identification number.

ACCESS CODES

Awana offers access codes that may be purchased and transferred to another person to access the Services using the code. Each access code will be valid for the time period specified when purchasing the code and will allow the transferee of the access code to access the Services during the time period specified when the access code was purchased. All access codes must be redeemed within 90 days of purchase. An access code is redeemed the first time the transferee accesses the Services using the access code. The access code will expire if not redeemed within 90 days of purchase. Awana offers no refunds of the price paid to purchase access codes that are not redeemed within 90 days of purchase or that otherwise expire.

PAYMENT TERMS

By purchasing the Services or accessing the Services and providing Awana with your payment information, you hereby agree to our payment terms. To purchase any services or products offered by Awana through the Services, you must have Internet access and a current, valid accepted payment method as indicated during the sign-up process (“Payment Method”). You agree to Awana, or its third-party payment provider, storing and accessing your payment information. You also agree to pay the applicable fees for the services or products you purchase through the Awana Services as they become due. Awana does not support all payment methods, currencies or locations for payment and may vary such offerings from time to time. Payment for an annual/monthly license to use and access the Services will be made in a one-time, flat fee which is paid upfront by charging the Annual/Monthly Fee to your Payment Method when you purchase the Services.

If you access the Services by redeeming an access code transferred to you, the first time you access the Services you will be required to provide a Payment Method. At the end of your term to access the Services under the access code, your Payment Method will be automatically charged for a license to access the Services for a term of one month unless you cancel the Services prior to expiration of your term to access the Services under the access code. Until you cancel the Services, your Payment Method will be automatically charged for a license to access the Services every month following expiration of your access code.

Until you cancel the Services, with the exception of the Child Discipleship Resources , on each anniversary of your initial purchase of the Services, your Payment Method will be automatically charged the then-applicable Annual/Monthly Fee at your current service level, provided that the Payment Method remains valid. Prices and terms may change at any time. The price and terms in place when you made your initial purchase or when your subscription last renewed will stay in effect for the duration of that subscription period, but new prices and terms may apply to renewals or new subscriptions. Awana will give you reasonable notice of any change in price or terms before they go into effect. If you do not want to renew your subscription under these new prices or terms, you may cancel your subscription as described below. The Child Discipleship Resources are available for a one-time purchase. You may elect to renew the license, but it will not be done automatically. You will need to renew the license by purchasing a license for another term to continue using the Child Discipleship Resources or any additional resources available for sale through the Child Discipleship Resources after expiration of the applicable license term.

Cancellation. If you are not 100% satisfied, you may cancel your account at any time. If you cancel, you may continue using the Services until the end of your current license term. Once you cancel, you will not be billed for subsequent renewals.

You may cancel your account via your settings, or through a telephone or email request to an Awana Customer Service Representative. Following your request to cancel via your settings, you may receive an email from Awana in order to obtain information and feedback relating to your request, so that Awana can better understand your needs and preferences, and/or you may also be asked to participate in a call with an Awana representative for similar purposes.

Refunds. Awana does not offer refunds on any fees and charges related to your purchase of the Services, your ceasing use of the Services prior to the end of any license term, or any failure to redeem an access code within 90 days of purchase. Terminating your account early does not give you the right to a refund of any unused portion of your license, even if you stop accessing your account before the date when your license was set to expire.

Taxes. When you purchase the Services from Awana, you agree to pay not only the applicable fee, but also all applicable sales, use, or other government-required fees and charges that Awana determines it is required to collect (“Taxes”). Please note that Awana will calculate the “Estimated Taxes” at checkout and that, upon confirmation, you may be responsible for a different total. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. You hereby authorize Awana to modify and charge any Taxes owed by you upon confirming the tax rate. Any applicable church exemption certificates must be delivered to Awana prior to purchase.

Credit/Debit Card Billing. Credit/Debit card payments are processed by our third-party payment processor(s). You will be automatically charged for the cost of the Services and any applicable taxes. If any fee is not paid in a timely manner, or our processors are unable to process your transaction using the credit/debit card information provided, we reserve the right to terminate your account or suspend or terminate your access to the Services as we deem appropriate.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY OF THE SERVICES AND ALL CONTENT IS AT YOUR SOLE RISK AND RESPONSIBILITY. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND THE ENTIRE RISK FOR YOUR USE OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (A) THE SERVICES, WEBSITES,AND/OR CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE WEBSITES OR SERVICES WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE INFORMATION OR CONTENT OBTAINED THROUGH THE SERVICES, SUCH AS CHAT ROOM SERVICES, WILL BE ACCURATE, COMPLETE, CURRENT, ERROR- FREE, COMPLETELY SECURE OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE SERVICES OR CONTENT WILL BE CORRECTED. YOU ASSUME ALL RISK OF PERSONAL INJURY, INCLUDING DEATH AND DAMAGE TO PERSONAL PROPERTY, SUSTAINED FROM USE OF SERVICES.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL AWANA BE LIABLE TO THE USER OR ANY THIRD PARTY WITH RESPECT TO ANY SUBJECT MATTER OF THIS TERMS OF USE (INCLUDING ANY BREACH OF SECURITY OR DATA LOSS) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, LOSS OR INACCURACY OF DATA OR DOCUMENTS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE. THE AWANA TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS TERMS OF USE WILL NOT EXCEED THE AMOUNT OF FEES RECEIVED BY AWANA FROM THE COMPLAINING USER FOR THE USE OF THE SERVICES. THE PARTIES ACKNOWLEDGE THAT THIS CLAUSE REFLECTS THE AGREED UPON ALLOCATION OF RISK BETWEEN THE PARTIES AND THAT AWANA WOULD NOT ENTER INTO THIS TERM OF USE OR MAKE THE SERVICES AVAILABLE TO USER WITHOUT THESE LIMITATIONS ON LIABILITY. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN.

SOME OF THE ABOVE LIMITATIONS MAY NOT TO APPLY TO YOU AS NOT ALL JURISDICTIONS ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

INDEMNITY

You agree to indemnify, defend and hold harmless Awana, its subsidiaries and affiliates, and each of their officers, directors, agents, employees, and assignees from any and all claims, liabilities, expenses and damages, including reasonable attorneys’ fees and costs, made by any third party relating to or arising out of (a) your use or attempted use of the Services in violation of this Terms of Use, (b) your use or attempted use of any code, program, data, information or any other Content provided through the Services in a manner inconsistent with this Terms of Use, (c) your use or your violation of any law or rights of any third party, or (d) your information you post or otherwise make available on or through the Services, including without limitation any claim of infringement of intellectual property or other proprietary rights.

TERMINATION OF RIGHTS

You agree that Awana, in its sole discretion, may deactivate your User Account or otherwise terminate your use of the Services, or any part thereof, for any reason or no reason, including, without limitation, if Awana believes that you have (a) breached this Terms of Use; (b) infringed the intellectual property rights of a third party; (c) posted, uploaded or transmitted Unauthorized Content to the Services; or (d) violated or acted inconsistently with the letter or spirit of this Terms of Use. You agree that any deactivation or termination of your access to the Services may be affected without prior notice to you and that Awana shall not be liable to you nor any third-party for any termination of your User Account or access to the Services. You also acknowledge that Awana may retain and store your information on the Awana systems notwithstanding any termination of your account as set forth in our Privacy Policy.

COPYRIGHT INFRINGEMENT CLAIMS

Awana respects the rights and intellectual property of others, and we ask our Users to do the same. If you believe that your product or other work has been misrepresented or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Awana Copyright Agent with the following information:

  • a description of the product, work, or other intellectual property that you claim has been misrepresented or infringed;
  • a description of where and/or specific link to the material that you claim is misrepresenting or infringing your product, work or other intellectual property is located; your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the product, work, copyright or intellectual property, or its agent, or applicable law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the product, work, copyright, or intellectual property owner or authorized to act on such owner’s behalf; and an electronic or physical signature of the person authorized to act on behalf of the owner of the product, copyright, or other intellectual property interest.

For notices of disputes or claims of copyright or other intellectual property infringement, contact: Awana, PO Box 809, St Charles, Illinois 60174. Email: legal@Awana.com

CHURCH MINISTRY AGREEMENT

Your Church agrees that it is solely responsible for all aspects of its Church Children’s Ministry Programs (“Programs”) that it conducts, including the safety of all children and adults who are involved or participate.

Your Church is solely responsible for selecting and directing all activities, games, and religious instruction, for selecting, maintaining and operating all equipment, vehicles, facilities and materials used in its Programs, for selecting, training, and supervising all children, parents, employees, and volunteers who participate in its Programs, and for child protection, including screening, selecting, training and supervising all volunteers, employees, and other personnel involved in and who plan, direct and carry its Programs. Volunteers, employees, and other personnel involved in your Church’s Programs are not volunteers, employees, or personnel of Awana. The Church shall indemnify, defend and hold harmless Awana and its successors and assigns, directors, officers, employees and agents for all claims, damages, and liability arising out of the Church’s Program or otherwise out of its use of the Services or materials, including but not limited to claims against Awana and its employees and other personnel, and claims brought by or against the Church, its members, employees and participants in its programs and other youth programs, whether or not members of the Church. This provision survives any expiration or termination of this Agreement.

APPLICABLE LAW AND CHRISTIAN CONCILIATION

This Agreement shall be interpreted, construed, and governed by the laws of the State of Illinois, without regard to the conflicts of law provisions therein. Any claim or dispute arising from or related to this agreement shall be settled by mediation and, if necessary, legally binding arbitration in accordance with the Rules of Procedure for Christian Conciliation of the Institute for Christian Conciliation (complete text of the Rules is available at www.instituteforchristianconciliation.com). Judgment upon an arbitration decision may be entered in any court otherwise having jurisdiction.

MISCELLANEOUS PROVISIONS

Awana may freely transfer or assign any portion of its rights or delegate its obligations under this Terms of Use. You shall not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under this Terms of Use without the prior written consent of Awana. Awana makes no representations that the Services operate (or are legally permitted to operate) in all geographic areas, or that the Services, or information, services or products offered through the Services are appropriate or available for use in other locations. If any provision of this Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions herein and shall not affect the validity and enforceability of any remaining provisions. Awana shall have no liability under this Terms of Use to the extent arising from any failure of Awana to perform any of its obligations under this Terms of Use due to any fire, flood, earthquakes, other acts of God, war, civil unrest, terrorism, Internet failures, governmental act or court order, national emergency, strikes or labor disputes or any other event not within reasonable control of Awana. Awana shall not be responsible for damage or other problems caused by any unauthorized change to this Terms of Use made by way of hacking or cracking this page.

Any delay or failure on the part of Awana to enforce any rights under this Terms of Use to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time. The section titles herein are displayed for convenience only and have no legal effect. This Terms of Use constitutes the entire agreement between you and Awana relating to the matters set forth herein, and shall not be modified except in writing, as posted on the Services by Awana or through a specific writing between you and Awana. Any notice which may be required to be given to us under this Terms of Use may be sent to us by writing or emailing to the following addresses: Awana Clubs International,PO Box 809, St Charles, Illinois 60174, Email: legal@awana.org.