Born Again Daily - Terms & Conditions
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Terms & Conditions

Terms & Conditions


Effective Date: May 19, 2019

Welcome to Born Again Daily. Born Again Daily was founded for the sole purpose of having a site on the internet where people can go 24 hours a day, 7 days a week for prayer. We hope it benefits your spiritual life and helps to bring the Word of God to those who need it. Please carefully read our Terms & Conditions prior to using this site. By using this site, you agree to be bound by these terms of use. If you do not wish to be bound by the terms listed here, please do not use our website. We reserve the right to change these Terms & Conditions from time to time without prior notice. It is your responsibility to review this site and these terms of use from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute your agreement to the modified Terms & Conditions. If you have any questions or concerns about these Terms & Conditions, please contact us at info@boragaindaily.com.

DESCRIPTION OF SERVICES

The Born Again Daily website and mobile applications make available various services including, but not limited to, videos, articles, audio clips, devotionals, prayers, testimonials, praise reports, and other like services. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and internet access (including payment of all fees associated with such access). You are responsible for anyone who accesses and uses our website using your equipment or internet services. We may limit access to and use of all or parts of our website. For parts of our website, you may be asked to provide information about yourself. All information you provide when accessing or using our website must be correct, current, and complete and is governed by our Privacy Policy which is specifically incorporated by reference into these Terms & Conditions. We use reasonable efforts to include accurate, up-to-date information on this site. We make no warranties or representations as to its accuracy and assumes no responsibility or liability for any errors or omissions in the content of this site. We reserve the sole right to either modify or discontinue the site, including any of the site's features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right.

CONDUCT ON SITE

Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the site. You understand that you are the sole person that is responsible for any and all information that you post, upload, email or transmit to or from this site or by mobile device, including, but not limited to, all information, data, text, software, music, sound, photographs, graphics, video, audio, messages, or other material. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane materials or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You are prohibited from collecting or storing personal information about other users and from stalking or harassing another. Furthermore, you are prohibited from engaging in any conduct that is harmful to minors in any way. You may not use the website or application in any way that:
  • Is inconsistent with Born Again Daily's mission or may harm Born Again Daily, or its reputation, or expose it to liability in any way;
  • Is threatening, abusive, harassing, defamatory, libelous, fraudulent, or invasive of another's privacy;
  • Violates the law, intellectual property, or other legal rights of any person including contractual, statutory, and common law;
  • Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
  • Promotes criminal activity, obscenity, abuse, harassment, hate, pornography, discrimination, violence, or the exploitation of any person;
  • Promotes commercial purposes or attempts to advertise, solicit, or fundraise without our express permission;
  • Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  • Spreads technologically harmful material, software viruses, or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
  • Attempts to gain unauthorized access to, interfere with, damage, or disrupt the servers hosting the website, or any server, computer, or database connected to or using our website;
  • Interferes with the proper working of our website, any person's use of our website, any person's internet use, or any person's computer, computer network, or mobile devices.

USER CONTRIBUTIONS

Our website contains features allowing users who have signed up for a membership account to post or share content with other users. When you create an account with us, you guarantee that you are above the age of eighteen (18), and that the information you provide us is accurate, complete, and current at all times. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. You are responsible for your User Contributions. We are not responsible for the content of User Contributions. However, we may modify, remove, refuse to post, or take any other action we determine appropriate regarding a User Contribution. Your User Contributions must comply with these Terms & Conditions, including the content standards. You represent and warrant your User Contributions are not confidential or proprietary and acknowledge that your User Contributions will not be treated as confidential or proprietary. By posting information in any interactive service on this site (Prayer Requests, Praise Reports, Testimonials, etc.), you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information that violates these Terms & Conditions or our Privacy Policy in any way, including but not limited to content that:
  • Impersonates any person or entity, including any of our employees or representatives or gives the impression that the content emanates from or is endorsed by Born Again Daily, or any other person (if that is not the case);
  • Is illegal, deceitful, defamatory, abusive, hateful, exploitive, or otherwise inconsistent with the mission of Born Again Daily;
  • Promotes criminal activity, obscenity, abuse, harassment, hate, discrimination, violence, or the exploitation of any person;
  • Violates the intellectual property, contractual, statutory, common law, or other legal rights of any person;
  • Contains pornographic, explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals);
  • Contains commercial content, advertisements, solicitations, or fundraising information without Born Again Daily's express permission;
  • Contains technologically harmful material (e.g., viruses, Trojan horses, spyware, worms, or logic bombs);
  • Contains material that interferes with the proper working of our website, any person's use of our website, or any person's internet use or computer resources;
You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

CONFIDENTIALITY

Subject to our Privacy Policy, any communication or material that you transmit to this site or to us, whether by electronic mail, post, User Contributions or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, by posting User Contributions you are granting an unrestricted, irrevocable, non-exclusive, royalty-free, perpetual, worldwide, and fully transferable, assignable, and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create collective or derivative works from, distribute, perform and display your User Contributions in whole or in part and to incorporate it in other works in any form, media, or technology now known or later developed. You further warrant that all so-called moral rights in the content have been waived. By posting your User Contributions, you warrant and represent that you either own or otherwise control all of the rights to that content, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content, or that your use of the content is a protected fair use. You agree that you will not knowingly provide inaccurate material and/or misleading false information. You represent and warrant also that the content you supply does not violate these Terms & Conditions. It is your sole responsibility to ensure that your postings do not disclose confidential and/or proprietary information, including personal financial information, information covered by a nondisclosure agreement, and information that you are not authorized to disclose. Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. You agree to indemnify and hold us, our directors, officers, and employees, harmless for any and all claims or demands including reasonable attorney fees that arise from or otherwise relate to User Contributions, any content you supply, or your violation of these Terms or the rights of another.

TERMINATION OF USE

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms & Conditions. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension. If you wish to terminate your account, you may simply discontinue using the service. All provisions of the Terms & Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

E-MAIL AND TEXT MESSAGING SERVICES

We may make email or messaging services available to users of our site, either directly or through a third-party provider. We have the ability to inspect private communications (online chat) and remove users if violations of the Terms & Conditions occur. We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as "spam") and/or other types of electronic communication. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked. If you respond to an invitation to text us for more information, make a text donation, or receive correspondence through texts by texting the designated phrase to the designated Short Code phone number, we will respond with further instructions or a website link. You may also sign up to receive periodic text alerts. We will respond with further instructions, including how to STOP receiving text alerts and how to obtain HELP. If you send us a STOP message, you consent to receive confirmation of your request. Message frequency may vary, depending on the type of alert you select. You warrant that you are authorized to request that text messages be sent to the phone number you supply. Please note that message and data rates may apply.

COPYRIGHT, TRADEMARK, & INTELLECTUAL PROPERTY

The Born Again Daily website and its original content, features, and functionality, including but not limited to text, graphics, logos, buttons, icons, and images are and will remain exclusive property of the copyright owner unless otherwise indicated and are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks may not be used in connection with any product or service not under our ownership or control without our prior written consent. Furthermore, such trademarks may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Born Again Daily or Christian Media Partners, Inc. All other trademarks not owned by Born Again Daily or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Born Again Daily or its affiliates. We grant you permission to access and use our website and download material displayed on this site for your personal, non-commercial use only, provided that you retain all copyright and other ownership notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, report, or use the contents of the site for public or commercial purposes. This includes the use of any text, images, audio and video without our express written permission. Neither we or our affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. Any use of our website not allowed by these Terms is a breach of these Terms & Conditions. If you breach these Terms, your right to access and use our website ceases immediately and you must, at our option, return or destroy all copies of our website and its content in your possession. Except for the limited license granted to you to access and use our website as provided in these Terms & Conditions, you have no right, title, or interest in our website. All rights not granted to you by these Terms are reserved by Born Again Daily or Christian Media Partners, Inc. We may take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of our website and content. We may fully cooperate with law enforcement authorities or court orders requesting or directing us to disclose the identity, or other information of anyone accessing, using, or posting content on our website.

DISCLAIMERS OF WARRANTIES & LIMITATIONS ON LIABILITY

This site and our mobile services are provided to you on an "as is" and "as available" basis. Your use of the service is at your sole risk and with your agreement that you will be solely responsible for any damage done including damage to your computer system or loss of data that results from such activities. Born Again Daily makes no representations or warranties of any kind, express or implied, as to the operation of this site or to the information contained therein or to the operation of its services. This includes, but is not limited to, the text, graphics, audio, icons, buttons, images, and products contained on this site. Born Again Daily fully disclaims, to the full extent permissible under applicable law, all warranties, express or implied, including, but not limited to, implied warranties that:
  • The services and materials will meet your requirements;
  • The services and materials will be timely, uninterrupted, or non-repetitive;
  • The quality of services and materials will be effective or meet your expectations;
  • The services and materials will be free from mistakes, error, or defects. This site could include inaccuracies, typographical errors, or technical or other mistakes.
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks or services you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control. Content available through this site, in some cases, might represent the opinions and judgments of an information provider, site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Born Again Daily spokesperson speaking in his/her official capacity. We may make changes to the materials and services offered at this site at any time without notice. The materials or services at this site may be out of date and we make no commitment to update them as such. Born Again Daily neither warrants nor represents that your use of materials on this site or of our mobile services will not infringe upon the rights of third parties not owned or affiliated with Born Again Daily. Neither Born Again Daily, Christian Media Partners, Inc., nor any other person or entity involved in creating, producing or delivering this site, shall be liable for any damages of any kind arising from the use of this site or mobile services, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third-party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. We assume no responsibility or liability arising from the content of this site, as well as any off-site pages or additional sites linked to this site, for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained therein. Born Again Daily will fully cooperate with any law enforcement authorities or court order requesting or directing the disclosure of the identity of any person positing any such information or materials. Some states jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. If applicable law limits the application of this Section, Born Again Daily's liability is to be limited to the maximum extent permitted by applicable law.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Born Again Daily, its affiliates, its employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of your use and access of the service, by you or any person using your account and password, or a breach of these Terms & Conditions.

LINKS & THIRD-PARTY SITES

As a courtesy to you, this site offers links to other sites on the internet or otherwise includes references to information, documents, software, materials and/or services provided by other parties. Some of these sites and/or services may be affiliated with Born Again Daily, while others are not. Born Again Daily has not reviewed all of the sites nor the entirety of any single site linked to and from this site and is not responsible for the contents of any off-site pages. These sites may contain information or material that some people may find inappropriate or offensive. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied. Visiting any off-site pages or other sites is at your own risk. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit. Your correspondence or business dealings with, or participation in promotions or contests of, advertisers or other third parties (which are entities other than Born Again Daily) found on or through this site, including payment and delivery of related goods and services together with any other terms, conditions, warranties or representations associated with such dealings, are solely between you and that advertiser or third party. You agree that Born Again Daily shall not be liable or responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on this site. If you link to our website, you may not do so in a way that suggests an association between you and Born Again Daily or approval or endorsement by Born Again Daily, without our written permission. We may terminate your permission to link to our website at any time, for any reason, without notice, in our discretion. Our website may include social media features. You may use these social media features as provided by us, and in accordance with these Terms & Conditions and any additional terms we provide governing your use of these features. We may disable any social media features or terminate your permission to use the social media features at any time, for any reason, without notice, in our discretion.

GOVERNING LAW

This site is created and controlled by Christian Media Partners, Inc. in the State of Georgia, USA. You agree to submit to the personal jurisdiction of the state and federal courts located in the State of Georgia for any claim or dispute against Christian Media Partners, Inc. arising under these Terms & Conditions, including our Privacy Policy. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of said right or provision. If any portion of these Terms & Conditions is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms & Conditions shall continue to be enforceable and valid according to terms contained herein. These Terms & Conditions shall be the entire agreement between us regarding this site and services, superseding all prior agreements between you and Christian Media Partners, Inc. regarding this site and services. You may not assign your rights and obligations under these Terms & Conditions to any party, and any purported attempt to do so will be null and void. We may free assign our rights and obligations under these Terms & Conditions. In any action to enforce these Terms & Conditions, the prevailing party will be entitled to costs and attorneys' fees. You must bring any action against us related to our website or these Terms within one (1) year of the action accruing. You waive any right to file an action related to our website or these Terms & Conditions under any longer statute of limitations. You waive, to the extent permitted by applicable law, any right to a trial by jury in any action between you and Christian Media Partners, Inc. related to this Agreement. Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.

DONATIONS & PURCHASES

Donations are made with the understanding that Born Again Daily has complete control of the donated funds and discretion as to the use of the funds so that the funds are used to carry out Born Again Daily's tax-exempt purposes and functions. We do not issue refunds of donations. If you wish donate to Born Again Daily or to purchase any product or service made available through the service, you may be asked to supply certain information relevant to your donation or purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any donation or purchase; and that (ii) the information you supply to us is true, correct and complete. Born Again Daily may employ the use of third-party services for the purpose of facilitating payment and the completion of donations and purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. We reserve the right to refuse or cancel your donation or purchase at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. By making a recurring donation, you authorize Born Again Daily to charge your credit card automatically each month. You acknowledge that you have full authority to make this charge to this credit card and this authorization is to remain in full force and effect until Born Again Daily has received an email to info@boragaindaily.com or in writing to Born Again Daily, P. O. Box 23, Dallas, GA 30132. You understand that it may take up to three (3) weeks to process any email or written requests from time of receipt at Born Again Daily. During this time your credit card may be charged. You also agree to amend your information electronically online if the card expires. Until these amendments are received your credit card will not be charged and may be rendered inactive. If your donation is refused by your financial institution for any reason, including over-limit, closed account, insufficient funds, or unauthorized account, Born Again Daily may not be able to process your donation and may freeze your recurring donation request until you submit updated information.

ENTIRE AGREEMENT

These Terms and Conditions constitute the entire agreement and understanding between you and Born Again Daily and Christian Media Partners, Inc. concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms & Conditions may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms & Conditions, these Terms & Conditions shall take precedence.

CONTACT INFORMATION

All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Born Again Daily website at info@boragaindaily.com if by email, or at

Born Again Daily
P. O. Box 23
Dallas, GA 30132

if by conventional mail. Notices to you may be sent to the address supplied by you as part of your registration data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.

Thank you for visiting Born Again Daily.com!
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