INSIDE THE ARK
Terms of Use "Terms and Conditions"
a. SaintsArk Trademark Policy
b. SaintsArk Copyright Policy
Welcome to SaintsArk!
SaintsArk is the official outreach of ChrisTcradle Charity Foundation, Inc., for the terms of this Agreement ChrisTcradle Charity Foundation, Inc. will hereby be referred to below as SA. In addition, Church and Group will hereby be referred to collectively below as "Network". Similarly, the term "Admin" will refer to a Leader who creates and operates a church and or group Network.
This Terms of Use sets forth the Agreement between you and SA ("we" or "us") regarding your use of our web service, specifically including each Network or profile you create or join (collectively the "Service"). Please read this Agreement, because it contains important information about your content (you own it!), our limitation of liability to you, and information sharing between Members and Admins.
If you feel uncomfortable with any of these terms and conditions, don't use our Service.
1. Using the Service
How It Works. Our service enables people to create or participate in a community dedicated to an individual, church or group (a "Network") for free. People who create Networks ("Admins") do so to invite in people ("Members") to connect with each other, to message, and to exchange information and content. Admins tailor their Network by the Members they invite, the conversations they organize, what they call their Network, and additional branding they may choose to use.
Who can use SA. You must be at least the age of majority in the state or country where you live to create or participate in a Network.
Registration. When you set up a profile with SA, you must provide us accurate information. We will treat registration information according to our Privacy Policy. Your name and contact information will be made available to your Admin. You are responsible for maintaining the confidentiality of your password.
Privacy. Our privacy practices are set forth in our Privacy Policy, which is part of this Agreement. By joining a Network, you are sharing personally identifiable information with your Admin, other Members, and us.
Exemplify Love. We hope you will take care to keep your interaction with others a positive experience for everyone. You agree to follow the SA Acceptable Use Policy at all times. We reserve the right, but have no obligation or liability for, monitoring any interactions with other Members or Admins of the Service. You may also submit a complaint or concern about another Member or Admin to support@saintsark.com.
Termination. You may close your Admin or Member account at any time by contacting us via email at support@saintsark.com. It may take up to 15 days processing time to completely erase your account and all related Content. We may suspend your use of the Service or the Service at any time for any reason, without any notice. We may terminate your account if you violate the SA Acceptable Use Policy or for any other reason we deem necessary.
Feedback. We welcome your feedback and suggestions about how to improve this site however, each and every suggestion must be prayed over to receive confirmation from the Lord Jesus before it may be implemented in the Service. Submit feedback at support@saintsark.com. By submitting feedback, you agree to grant us the right to use it for free and without obligation.
2. Your Content Stays Yours: You keep complete ownership of all content, but give us permission to run SA, such that your content shows up, but that's it. Make sure you have permission to use content that you post on SA.
Your Content. The Service enables you to add posts, articles, photos, videos, questions, links, events, churches, groups, and chat with other Members. The Service also allows you, if you are a Admin, to create a personalized name for your Network Name ("Slug"), which will appear in a sub domain accessible directly to visitors and Members (e.g. Your Network URL). All material that you upload, publish or display to others via a Network is "Your Content." If you are Admin, Your Content includes Your Network Name. Material that a Member uploads, publishes, or displays to others via a Network is "User Generated Content". Your Content, including User Generated Content, does not include Data (defined below).
You (and the people you license Your Content from) keep complete ownership of all Your Content. By posting Your Content on the Service, you grant us a license to show it on your Network, but you and your licensors still own it. In legalese: In connection with your use of the Service, you hereby grant and will grant SA and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable (through multiple tiers), perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, and otherwise use Your Content in connection with the operation of the Service in any form, medium or technology now known or later developed, including publication and use on any Integrated Services (as defined below). This license includes the right for us to make Your Content available to other entities and individuals who partner with us in the delivery of the Service. If you join a Network that is Private, rather than Public, only we, your Admin and Users who are invited to join that Network will be able to see Your Content that you post on that Network. SA may preserve Your Content and may also disclose Your Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Use; (c) respond to claims that any of Your Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of SA, its Users and the public. The technical processing and transmission of Your Content may involve transmissions over various networks and changes to conform to technical requirements of connecting networks or devices.
Play Nice. You agree to follow the SA Acceptable Use Policy. Do not infringe the intellectual property and personal rights with Your Content. You accept responsibility if Your Content violates the intellectual property or personal rights of others. You agree to pay all royalties, fees, and any other monies owed to any person by reason of any of Your Content. We are not obligated, but reserve the right, to remove or suspend, in whole or part, Your Content that violates the SA Acceptable Use Policy or for any other reason.
3. Copyright and Trademark Policies
The SA Copyright Policy and SA Trademark Policy are incorporated into this Agreement Below. If you believe that your intellectual property is being violated on the Service, you can submit a complaint and request for takedown of specific material at support@saintsark.com.
4. Our Content and Materials
Data. You own Your Content and User Generated Content. SA, collects and stores data about Networks, Admins, Leaders and Members ("Data") in order to run the Service more effectively and efficiently. Our Privacy Policy explains how we do this, and your rights to opt out.
Our Content and Materials All right, title, and interest in the Service, including the SA buttons, badges, logos, widgets, text, images, design, software, documentation, source code, algorithms, graphics, photographs, video and audio files, other files, data, and the selection, arrangement, structure, coordination, and "look and feel" thereof (excluding Your Content, User Generated Content, third-party web services or third-party content linked to or posted within the Service) (collectively "Our Content and Materials") are the property of SA and/or its licensors Copyright ©2018 ChrisTcradle Charity Foundation, Inc. and/or its licensors. The SA name and logo, the SA mark, the SA logo are trademarks and service marks of SA. We retain all right, title, and interest in and to the Data and Our Content and Materials. Except as expressly provided in these terms, you agree not to use, modify, reproduce, distribute, sell, license, reverse engineer, decompile, or otherwise exploit Our Content and Materials or Data without our express written permission.
Our Licenses to You. Subject to these terms, including our SA Acceptable Use Policy, we grant you a limited, non-exclusive license to use and access Our Content and Materials and the Service. If you are a Admin, subject to these terms, we also grant you a limited, non-exclusive license to use and access certain Data for the purpose of maximizing Member engagement and facilitating communications. We may terminate this license at any time for any reason. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
No Endorsement or Screening. Please note that the Service contains access to third-party content and other interactions over which we have no control. We assume no responsibility for, nor do we endorse, screen, or approve the content, offerings, or materials made available to you within a Network, or the conduct of parties who participate in a Network. Pastors (Leaders) of a church, or Admins of a group are strongly encouraged to meet (fellowship) physically with their Members and stress the importance of posting encouraging, edifying and uplifting righteous posts in their Network.
5. Rights and Obligations of Admins
Contact Information of Members. The name and contact information of Members who register to join a specific Network is made available to that Network's Admin in order to facilitate communications. An Admin may use the contact information of Members solely to communicate with a Member for purposes related to the Network or the reasonably assumed interests of the Member who has joined the Network. In no event may an Admin: i) sell contact information of a Member to a third-party, or ii) or use or disclose it for commercial purposes unrelated to the Network or the interest of Members who joined the Network.
Member Data. Admins are provided access to certain Data, which may be aggregated or personalized, in order to facilitate Member engagement and communications. The Admin may not sell or share Data accessible from the Service to third parties.
Representation and Warranty of Admins. If you are an Admin, it is important for you to respect and honor the trust of Members who join the Network you created. If you are an Admin, you represent and warrant that, in your communications with Members and handling of Data, you: i) will comply with all applicable laws and regulations; and ii) will honor the restrictions set forth in Sections 5(a) and 5(b). If you are an Admin, you also represent and warrant that all advertising, sponsorships, and promotions you introduce to your Network will comply with all applicable laws, regulations, and industry guidelines, including but not limited to the FTC December 2015 guidance regarding native advertising. If you are an Admin with Members in the European Union, you represent and warrant that you have obtained user consent prior to sending emails outside of the Service, as EU law requires opt-in consent for emails. You must provide a means of opting-out of any emails.
Takedown Assistance. In the event that a party misdirects a takedown request directly to the Admin (within or outside of the Service), the Admin will redirect the takedown request directly to support@saintsark.com within two (2) business days.
EU Data Processing Addendum. If you are an Admin, effective May 25, 2018, this Agreement includes the EU Data Processing Addendum.
6. Integrated Services
You may enable various online services like Facebook to be integrated into your Networks' Admin or Member account or Network ("Integrated Services"). For example, you may be able to share or access your Network activity on Integrated Services such as Facebook or Google. To take advantage of these features, we may ask you to register for or log into the Integrated Services on the websites of their providers. By enabling Integrated Services in connection with the Service, you are allowing us to pass to, and receive from, these Integrated Services your login information and other Data for use in connection with the Service and/or the Integrated Services. For more information about the implications of activating these Integrated Services and our use, storage, and disclosure of information related to you and your use of such services within Networks (including your friend lists and the like), please see our Privacy Policy. However, please remember that your use of any Integrated Services, and the manner in which any Integrated Services offer or perform their services and collect, use, store, and disclose your information is governed solely by the terms of use, privacy policies, and other policies of such third parties, and we shall have no liability or responsibility for the privacy practices or other actions of any Integrated Services or any other third party site or service, whether or not they are directly enabled within the Service.
7. Donating on SaintsArk
ChrisTcradle Charity Foundation, Inc. is organized exclusively for one or more of the purposes as specified in Section 501(c)(3) of the Internal Revenue Code, including, for such purposes, the making of distributions to organizations that qualify as exempt organizations under Section 501(c)(3) of the Internal Revenue Code. This corporation operates a donor advised fund to handle donor advised contributions made using the SA website. Its mission is to foster the unification of the body of Christ and promote high volume donations and grant making by providing cost-efficient e-solutions for charitable giving that widely benefit the Christian "religion", the Kingdom of God, and is a registered charity through the New Jersey department of treasury, USA.
Normally your donation to a Charitable Cause made through the SA Website goes to and will be receipted by ChrisTcradle Charity Foundation, Inc. (SA) as a donor-advised contribution. ChrisTcradle Charity Foundation, Inc. (SA) makes every effort to honor donor advisements and is authorized to do so for advisements to public charities appearing on the SA Website as Registered Charities. Occasionally, for specific fundraising events, SA will collaborate with other local public charities. In those cases, the event website and other publicity will indicate if contributions will be receipted directly by the local charity, instead of by ChrisTcradle Charity Foundation, Inc.
It is ChrisTcradle Charity Foundation's normal practice to regrant 94% less $0.30 per advisement to the qualifying tax-exempt entity and/or Network, and to retain 3% for platform costs and SA's operating expenses plus 2.9% and $0.30 per advisement transaction for third party credit card processing costs, a total of 5.9% plus $0.30 per advisement. A regrant to the advised charity, Admin and/or Member is generally made on the 10th of the month following receipt of the advised contribution in the previous calendar month (e.g, a donation on July 5th would be regranted on August 10th). SA will retain an additional $5 per disbursement made via paper check, subject to a minimum check disbursement of $25.00 prior to the retained $5.00. To avoid the additional cost and minimums, we encourage advised charities to sign up for direct deposit (EFT) to their organization's bank account through third party services such as PayPal. SA makes every reasonable effort to respect the wishes of its donors. However, to comply with federal tax laws and Internal Revenue Service regulations, SA must retain the exclusive authority, discretion, and legal control over all donated funds. In the rare event that the charity you have advised does not satisfy SA's criteria or otherwise does not enable (Payout settings) or accept payment (reasons for this include issues like: they don't or cannot accept donations, are not recognized by the IRS as a public charity, or are not in good standing with federal or state regulators, etc.), SA may select an alternate charity to receive your advised funds.
In certain instances, SA may retain an additional percentage to support the efforts of the charity partner in conducting an event. Any additional retained percent will be disclosed on the FAQ page for the event. For more information please feel free to contact support@saintsark.com.
8. Charged Back or Refunded Donations
In accordance with IRS regulations, the SA enforces a strict "No Refunds" policy for contributions made to the donor-advised fund. However, the Foundation recognizes circumstances wherein reversal of transactions are necessary. These include Charge Back and Gross Error transactions.
A Charge Back transaction occurs when the credit card holder files a dispute with their bank stating that either they did not authorize or recognize the transaction on their credit card or bank statement. The SA staff will provide supporting documentation in an effort to resolve the Charge Back case in favor of the Foundation. However, if the Foundation is unable to resolve such cases and the case is referred to pre-arbitration, the Foundation will accept the Charge Back transaction. Further, ChrisTcradle Charity Foundation, Inc. will, under its variance power authority, not regrant any funds to the advised organization that has been charged back. If the Charge Back funds have already been regranted to the advised organization, no attempt will be made to compel the organization to return the funds since the regrant of an advisement is considered complete and unrestricted. However, the ChrisTcradle Charity Foundation, Inc. will not issue any further regrants of donor-advised funds until it receives additional funds from donors or other sources advised for the organization equal to the amount of the Charge Back.
A Gross Error transaction occurs when then credit cardholder / donor makes a transaction for an amount grossly different than the intended amount. For example, a donor makes a $10,000.00 donation instead of $10.00 donation. A Gross Error transaction DOES NOT include advisements: made to the wrong organization or Network, containing an incorrect name, dedication, or designation, or any other non-financial reason. The ChrisTcradle Charity Foundation, Inc. retains sole authority to determine the exact criteria of a Gross Error transaction. A Gross Error transaction refund will only be considered if ChrisTcradle Charity Foundation, Inc. has not yet regranted the funds to the designated organization. Once funds are regranted, the donor should contact the advised organization in order to attempt to correct the error.
9. Affiliation. If you are affiliated with a church or charity institution, you may register to claim Administrative Access to the page featuring your organization by visiting either the create a church, or group tab from the navigation menu options. The owning organization should customize their Network with their registered Trademark and or Logo to be operated as official representation within the Service. The existence of these pages on the SA Website does not constitute as solicitation of donations; SA does not engage in any solicitation activities on behalf of any Registered Charity.
a. Special Rules for Charities
You agree and acknowledge that if you create a Charity Network, you are receiving donations on the SA Website solely at your own volition as an independent volunteer and that you will not be compensated by any other party for your solicitations or activities you conduct on the SA Website.
You agree to accurately promote any charity events or activities in accordance with these Terms.
You agree not to sell any goods or services, including raffles or sweepstakes, in exchange for donations in accordance with these Terms.
b. Special Rules for Personal Members
You agree to ensure all contributions to a Personal Member Content Page are used in accordance with spreading the Word and teachings of Jesus Christ.
You agree that you may not conduct raffles, sweepstakes or any other games of chance
You are solely responsible for any tax implications resulting from contributions received through your Personal Member, Admin, Leader or Network.
c. Acceptable Promotion of Charitable Events and Activities
d. Charity-sponsored events: You may promote events and activities that are organized, sponsored, or approved by a Registered Charity on your Network. For instance, you may ask your brothers and sisters or congregation to donate to the Registered Charity, through your SA Network, in conjunction with your participation in the Registered Charity's events and activities, such as road races, walk-a-thons, etc.
e. Un-sponsored events: In creating a Charity Fundraiser you may in your sole discretion choose to organize fundraiser events and activities, such as road races, bike-a-thons, etc. (referred to as "Events"), which are not organized or sponsored by the charity itself. You agree that neither SA, nor ChrisTcradle Charity Foundation, Inc., nor any of their affiliates, sponsors, endorses, authorizes, or approves of such Events and they have no involvement in, or control over the planning, organization, or conducting of such Events. You acknowledge and agree that you take full responsibility to assume all risk in conducting such Events and soliciting participation. You agree that neither SA, nor ChrisTcradle Charity Foundation, Inc. nor any of its affiliates, will be liable to you and/or to any third party for any direct, indirect, consequential, exemplary, special, punitive, or incidental damages arising from your sponsoring such Events. You may not promote any Events in a manner that would give the appearance that it is organized, endorsed, and/or sponsored by the Registered Charity, unless you have the Charity's express permission to do so. You agree that the funds received will be used in support of that charities expressed interests; either their stated mission, vision, bylaws or articles of incorporation statements.
10. Donation Services on SaintsArk
a. Subscription Services
SA offers several Subscription services to help organizations improve their online donating experience. These plans and pricing may change from time-to-time at SA's sole discretion. Donations for subscription services made to SA are non-refundable and such terms for which donations have been made may not be terminated nor will pro-rated refunds be provided. The subscribing organization must notify SA at support@saintsark.com prior to their renewal date as provided in the donation subscription plan services receipt and via their organization settings if they do not wish to renew their plan. SA may adjust the pricing of the subscription plan upon renewal with prior notice to the subscribing organization.
b. Stripe Payment Processing
SA offers payments through Stripe, Inc. ("Stripe"), a third-party payment processor. The Stripe Terms of Service and Privacy policy are available here: https://stripe.com/us/privacy. If you use the Stripe payment service, you agree to the Stripe Terms of Service and Privacy Policy for the country in which you are located. If you have questions regarding the Stripe Terms of Service or Privacy Policy, please refer to the Stripe website www.stripe.com or contact Stripe at https://stripe.com/contact.
c. Credit Card Anti-Laundering Policy
Only the authorized credit card holder may donate on the SA Website. A third party may not use the donor's card information or enter donations on behalf of the donor. This practice is known as "credit card laundering" and violates Visa and MasterCard usage agreements. SA may report any such abuses to the appropriate authorities. This restriction does not preclude the use of computer terminals or kiosks, with access to the SA Website, for the authorized credit card holder to utilize in order to make a donation.
d. No Goods and Services in Exchange for Donations to Charitable Causes
Federal law prohibits charities from promising or providing goods and services (e.g., tickets to events or raffles) in exchange for making a donation to a donor advised fund, owned or operated such as SA. SA may only accept pure contributions and not part gift and part sale transactions.
e. Donor Information
Privacy and security of donor information is of vital importance to us. We will not share or sell names of donors without their consent. When you contribute on the SA Website, you grant us permission to access your donation records at any time and to use the information you provide to process your donation . Unless you indicate at the time of making your donation that you would like to remain anonymous, we or ChrisTcradle Charity Foundation, Inc. will make available to the Registered Charity, Admin and/or Member online reports identifying, where available, your name, address, email, and transaction accounting details.
If you are a Registered Charity Admin, donor information will be shared with you via a report sent to you prior to end of year statements. This information may also be obtained by contacting us anytime at support@saintsark.com.
If applicable, donor information will also be shared with organizations administering events in which the donor participates.
f. Christcradle Charity Foundation, Inc. Reporting
If you receive a regrant of funds from SA, then you may request in writing a report from SA of aggregate contributions received over the course of the calendar year within 10 business days after SA receives the request.
g. Christcradle Charity Foundation, Inc. Financial Information
SA files the annual Form 990 with the Internal Revenue Service and has its financial statements audited annually by an independent certified public accountant. As we believe in complete transparency, the total donations received can always be seen via the homepage at www.saintsark.com and upon request by emailing support@saintsark.com.
11. Disclaimers and Limitation of Liability
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF CHRISTCRADLE CHARITY FOUNDATION, INC. ENTITIES TO YOU. "SA" MEANS CHRISTCRADLE CHARITY FOUNDATION, INC., AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW:
WE ARE PROVIDING YOU THE SERVICE, ALONG WITH OUR CONTENT AND MATERIALS AND THE OPPORTUNITY TO CONNECT WITH OTHERS, ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SA ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
SA MAKES NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR: (i) CONTENT POSTED BY ANY MEMBER, ADMIN, OR THIRD PARTY, (ii) ANY THIRD-PARTY WEBSITE, THIRD-PARTY PRODUCT, OR THIRD-PARTY SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE SERVICE, INCLUDING AN INTEGRATED SERVICE PROVIDER (iii) THE QUALITY OR CONDUCT OF ANY THIRD PARTY, ADMIN, OR MEMBER YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICE. SA MAKES NO WARRANTY THAT (a) THE SERVICE OR ANY NETWORK WILL MEET YOUR REQUIREMENTS, (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS OR INFORMATION THAT YOU MAY OBTAIN FROM THE USE OF THE SERVICE, OR ANY SA NETWORK, WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY SA NETWORK, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE.
YOU AGREE THAT UNDER THE MAXIMUM EXTENT PERMITTED BY LAW, SA ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT SA ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICE.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.
WITHOUT LIMITING THE FOREGOING, SA'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THIS AGREEMENT IS LIMITED TO THE AMOUNT PAID TO SA IN CONNECTION WITH THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
11A. Indemnification
You agree to release, indemnify, and defend ChrisTcradle Charity Foundation, Inc. Entities from all third-party claims and costs (including reasonable attorneys' fees) arising out of or related to: i) your use of Service, ii) Your Content, iii) your conduct or interactions with other Admins or Members of the Service, or iv) or your breach of any part of this Agreement. We will promptly notify you of any such claim, and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense, and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.
12. General Legal Terms
Changes to these Terms. We may amend this Agreement (including any policies, such as the Privacy Policy, SA Acceptable Use Policy, SA Networks Copyright Policy , and SA Networks Trademark Policy that are incorporated into this Agreement) at any time in our sole discretion. If we amend the terms to this Agreement, such amendment will be effective after we send you notice of the amended agreement. Such notice will be in our sole discretion and manner of notification could include, for example, via email, posted notice on the Service, or other manner. Your failure to cancel your account, or cease use of SA Networks, after receiving notification of the amendment, will constitute your acceptance of the amended terms. If you do not agree to the amendments or to any of the terms in this Agreement, your only remedy is to cancel your account or to cease use of SA Networks.
Governing Law and Jurisdiction. You agree that SA is operated in the United States and will be deemed to be solely based in New Jersey and a passive service for purposes of jurisdictional analysis. For any claims for which arbitration is inapplicable, you agree that such claims will be brought in federal or state court in Trenton, New Jersey and governed by laws of the state of New Jersey, without regard to any conflict of law provisions.
Use Outside of the United States. ChrisTcradle Charity Foundation, Inc. expressly disclaims any representation or warranty that the Service complies with all applicable laws and regulations outside of the United States. If you use the Service outside of the United States, you expressly understand and agree that you are responsible for determining compliance with different laws, regulations, or customs that may apply in connection with your use of the Service.
Export. The Service is controlled and operated from our United States offices in New Jersey. SaintsArk is subject to United States export controls. No software for SA Networks may be downloaded or otherwise exported or re-exported in violation of any applicable laws or regulations. You represent that you are not (1) located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country, and (2) listed on any U.S. government list of prohibited or restricted parties.
Applications and Mobile Devices. If you access the Service through a SA Networks mobile application, you acknowledge that this Agreement is between you and ChrisTcradle Charity Foundation, Inc. only, and not with another application service or application platform provider (such as Apple, Inc. or Google Inc.), which may provide you the application subject to its own terms. To the extent you access the Service through a mobile device, your wireless service carrier's standard charges, data rates, and other fees may apply.
Survival. The following provisions will survive expiration or termination of this Agreement: Sections 1(f)(Termination), 1(g)(Feedback), 2(b)-(c)(Your Content and Your Responsibilities for Your Content), 4(a)(Data) and 4(b)(Our Content and Materials), Section 5(c)(Representation and Warranty of Admins), any outstanding payment obligations pursuant to Section 10a(Subscription Services) and Sections 8-11.
Assignment. You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without our prior written consent; any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.
Electronic Communications. You consent to receive communications from us by email in accordance with this Agreement and applicable law. You acknowledge and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.
Entire Agreement / Severability. This Agreement supersedes all prior terms, agreements, discussions and writings regarding the Service and constitutes the entire agreement between you and us regarding the Service, except as provided for in Section 10. If any provision in this Agreement is found to be unenforceable, then that provision will not affect the enforceability of the remaining provisions of the agreement, which will remain in full force and effect.
Interpretation. In construing or interpreting the terms of this Agreement: (i) the headings in this Agreement are for convenience only, and are not to be considered, and (ii) no presumption is to operate in either party's favor as a result of its counsel's role in drafting this Agreement.
Notices. All notices permitted or required under this Agreement, unless specified otherwise in this Agreement, must be sent in writing as follows in order to be valid: (i) if to you, by us via email to the address associated with your account, and (ii) if to us by you via support@saintsark.com. Notices will be deemed given (a) if to you, when emailed, and (b) if to us, on receipt by us.
Relationship. This Agreement does not confer any third-party beneficiary rights and does not create a joint venture, agency, partnership, or other form of joint enterprise between you and us. Except as expressly provided herein, neither party has the right, power, or authority to create any obligation or duty, express or implied, on behalf of the other.
Waiver. No waiver of any terms will be deemed a further or continuing waiver or such term or any other term. Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.
Further Assurances. You agree to execute a hard copy of this Agreement and any other documents, and take any actions at our expense that we may request to confirm and effect the intent of this Agreement and any of your rights or obligations under this Agreement.
Contact. Feel free to contact us at support@saintsark.com with any questions about these terms.
Agreement to Terms. When you use the Service, you agree to the terms of use set forth in this agreement (including the Privacy Policy and SA Acceptable Use Policy), regardless of whether you are a registered user.
Changes to the Service. We are always trying to improve your experience on the Service. We may need to add or change features and may do so without notice to you.
Credit on the Service. We first give all credit to Jesus who is the redeemer and deliverer of all mankind; we credit ChristArt.com with the use of their free images. We credit Potato Powered Software, LLC for being used by God to put the blueprints received from heaven into building the Ark.
EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through the Service's email and messaging system will not constitute legal notice to the Site, the Service, or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. We may also use your email address to send you other messages, including information about the Site or the Service and special offers. You may opt out of such email by changing your account settings, using the "Unsubscribe" link in the message, or by sending an email to support@saintsark.com.
Opting out may prevent you from receiving messages regarding the Site, the Service or special offers.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT https://saintsark.com/privacy-policy REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
SaintsArk Trademark Policy
At SaintsArk, we expect our users to respect the intellectual property rights of others. All capitalized terms used in the SaintsArk Trademark Policy have the same meaning as defined in the SaintsArk Terms of Use, which incorporates this policy by reference into its terms.
Discouragement of Trademark Infringement on SaintsArk
Trademarks should not be used in a way that causes confusion about source of goods or sponsorship. If you infringe trademarks of others, Your Content may be removed or suspended in whole or part. It is our policy, in appropriate circumstances and our discretion, to disable and/or terminate accounts of users who repeatedly infringe or are charged repeatedly with infringing the trademarks or other intellectual property rights of others.
Recourse for Trademark Owners
If you are trademark owner who believes your trademark has been infringed on SaintsArk, we provide a mechanism for you to notify us of your concerns. To help respond appropriately, we ask you to provide us the following information:
Your full name and contact information, including address, phone number and email contact
The trademark and evidence of registration rights and your relationship to the owner
A reasonable description (e.g., URL link) of the location where you believe infringement has occurred
A short description of why you believe the use in question infringes your trademark rights
Verification that all of the information in your report of infringement is accurate; that you have a good faith belief that the use of the intellectual property, described, in the manner you have complained about, is not authorized by the rights owners, its agent or the law; and that you are the owner, or authorized to act on behalf of the owner, of an exclusive intellectual property that allegedly is infringed. Please send the notice to support@saintsark.com
For your convenience, we provide you with this web form to complete if you wish to report trademark infringement.
SaintsArk Copyright Policy
At SA, we expect our users to respect the intellectual property rights of others. All capitalized terms used in the SA Copyright Policy have the same meaning as defined in the SA Terms of Use, which incorporates this policy by reference into its terms.
Discouragement of Copyright Infringement
We ask users of SA to take care to avoid infringing copyrights of others. If you infringe copyrights of others, Your Content may be removed or suspended in whole or part. It is our policy, in appropriate circumstances and our discretion, to disable and/or terminate accounts of users who repeatedly infringe or are charged repeatedly with infringing the copyrights or other intellectual property rights of others.
Recourse for Copyright Owners: Reporting Complaints with a DMCA Notice
We also provide a mechanism for copyright owners, or those authorized to act on behalf of an owner of a copyright, to report a belief about infringing use of SA. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), we will respond expeditiously to claims of copyright infringement using SA that are reported to our Designated Copyright Agent for SA. We provide you the requirements of proper complaint below. For your convenience, the entire text of the DMCA is linked to here at the U.S. Copyright Office Web Service: http://www.copyright.gov/legislation/dmca.pdf
In order to provide us a DMCA complaint notice ("DMCA Notice"), you should:
Provide your contact information, including your mailing address, telephone number, and, if available, an email address.
Identify the copyrighted work that you claim has been infringed. If multiple copyrighted works are covered your DMCA Notice, you may provide a representative list of the copyrighted works that you claim have been infringed.
Provide us information reasonably sufficient for us to locate each allegedly infringing material (e.g., a URL link where the material may be found on SaintsArk) that you are requesting to be removed or disabled.
Include the following statements in the body of the DMCA Notice:
I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).
I hereby state that the information in this DMCA Notice is accurate and, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringe
Include a physical or electronic signature (e.g. typing your printed name)
For fastest handling, email submission is best. For your convenience, we provide you with this web form to complete if you wish to report copyright infringement.
If There is a Copyright Complaint Against You
If you receive a notice that a posting or portion of Your Content has been removed or suspended due to a copyright complaint, that means that we removed it at the request of a content owner. If you believe your content was removed in error, you have the option to file a DMCA counter-notice (the proper format for such counter-notice is defined below). When we receive a proper counter-notice, we will forward to the party who originally complained about the alleged copyright violation. If we do not receive a notice within 10 business days that the original complainant is seeking a court order to prevent further infringement of the content at issue, we will clear the complaint from your account's record, and we may replace the content that was removed.
How to File a DMCA Counter Notice
Please note that there are potentially seriously consequences for fraudulent or bad faith submissions. Such consequences may be imposed pursuant to the DMCA under Section 512(f). Before submitting a counter notice, you should be sure that you are the actual rights holder of the content removed or that you have a good faith belief that content was erroneously removed. It is important to make sure that you understand the repercussions of submitting a false claim.
A proper counter notice should be sent by replying to the email notice you received, and it should contain the following:
Your name, address, and telephone number
The URLs of the content that was removed or disabled by us (copy and paste the link in the notification email)
The following statements:
I consent to the jurisdiction of Federal District Court for the judicial district in which my address is located, or if my address is outside the United States, for any judicial district in which ChrisTcradle Charity Foundation, Inc. is located. I will accept service of process from the claimant of copyright of infringement.
I swear, under penalty of perjury, that I have a good faith belief that the content was removed as result of mistake or misidentification of the material to be removed or disabled.
A physical or electronic signature (e.g., typing your full name)