INTRODUCTION AND ACCEPTANCE OF TERMS
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
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.
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.
USER CONDUCT POLICY
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
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
SOCIAL SHARING AND AWANA PROFILES
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.
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.
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
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.
TERMINATION OF RIGHTS
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.