J.S. Paluch Terms of Service for OneParish Service App
Last Updated: 2/28/18
Welcome to the Terms of Service for the OneParish Service App. J.S. Paluch Company, Inc. (“JSP” or “we” or “our”) makes available a cloud-based parish management service called the OneParish Service (“OneParish Service”) that is used by parishes to manage their operations and activities. As part of the OneParish Service we also offer a mobile device app that we call the OneParish Service App and a website for use by parishioners available at oneparish.com (“OneParish Site”)(collectively, “OneParish Service App”). A high-level description of the OneParish Service App is provided under “Description of OneParish Service App” below and additional information regarding the OneParish Service App may be found at www.oneparish.com.
Please read these Terms of Service (“Terms”) carefully before using the OneParish Service App or any Parish Content (defined below). These Terms govern use of the OneParish Service App and Parish Content unless you and JSP have executed a separate agreement governing use of the OneParish Service App or Parish Content.
Acceptance of Terms. By clicking on the “I accept” button during the registration process described below, you are indicating that you agree to these Terms. If you don’t agree to be bound by these Terms, then you may not use the OneParish Service App. By signing the “Order Form” or by accessing and using the Service, you are indicating that you agree to these Terms. If you are accessing and using the Service on behalf of legal entity such as a company, you represent and warrant that you have the authority to bind that legal entity to these Terms. In that event, “you” and “your” will refer to the legal entity. If you don’t agree to be bound by these Terms, then you may not use the Service.
Description of the OneParish Service App. The OneParish Service App enables parishioners to: (i) review and update their personal contact information, as stored in the OneParish Service; (ii) make donations to their respective parishes; (iii) upload prayer requests and other content and respond to the requests of other parishioners of their parish who have registered for an Account (defined below); and (iv) access information and content that their respective parishes post on the OneParish Service regarding parish-related events and activities. (All information and content referred to in the foregoing clauses (i) to (iv) are, collectively, the “Parish Content” and the activities described in such clauses are, collectively, the “Permitted Purposes”). For clarity, as to each parishioner who creates an Account as described in ‘Your Account” below, Parish Content does not include any information or content posted to the OneParish Service by or to a parish other than the parish designated by such parishioner during our registration process.
Your Account. You may use the OneParish Service App only if you are 13 years or older and able to enter into a binding contract with us. You’ll need to register with JSP and create an account via our registration page on the OneParish Site or the OneParish Service App (“Account”). If your parish has provided us with your name in connection with their use of the OneParish Service, you may be able to find your name listed on the OneParish Service App during the Account registration process. You can associate your Account with certain third-party social networking services such as Facebook or Twitter (each, an “SNS Account”). If associate your Account with an SNS Account, we will extract certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access. In order to make donations to your parish through the OneParish Service App, you’ll need to designate the name and address of your parish and provide billing information such as your name, payment method and billing address. It’s important that you provide us with accurate and complete information and to update such information to keep it accurate and complete. If you don’t, we might have to suspend or terminate your Account. You agree not to share your Account password with anyone and you’ll promptly notify us know if there is any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
Donations. All donations that you make through the OneParish Service App (“Donations”) will automatically be charged to the payment method on file in your Account (“Payment Method”) and will be processed by JSP’s third-party payment processor. You authorize JSP or its third-party payment processor to charge your Payment Method for your Donations. JSP provides parishes with access to the OneParish Service (including the Donations functionality) in exchange for a services fee, which may be up to two and nine-tenths (2.9%) of your Donations. Subject to our agreements with your parish or our other service partners or content providers, JSP may retain up to five and nine-tenths percent (5.9%) of your Donations.
Feedback. We welcome feedback, comments and suggestions for improvements to the OneParish Service App (“Feedback”). You can submit Feedback by emailing us at firstname.lastname@example.org. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicenseable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Our Rights in Parishioner Content. If you submit any Parish Content through use of the OneParish Service App (“Parishioner Content”), you grant to JSP a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free license to use, copy, modify and display your Parishioner Content in connection with operating the OneParish Service for your behalf and on behalf of other parishioners of your parish who have registered for an Account. You are solely responsible for all your Parishioner Content. You also represent and warrant that neither your Parishioner Content, nor your use and provision of your Parishioner Content, nor any use of your Parishioner Content by JSP on or through the OneParish Service will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You can remove your Parishioner Content from the OneParish Service by specifically deleting it. However, in certain instances, some of your Parishioner Content may not be completely deleted and copies of your Parishioner Content or portions thereof may continue to exist on the OneParish Service. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your Parishioner Content.
Your Rights in OneParish Service and Parish Content. Subject to your compliance with these Terms, Client grants you a limited, non-exclusive, non-transferable, non-sublicensable license to:
(i) to install a copy of the OneParish Service App on a mobile device or computer that you own or control and to use the OneParish Service App solely for the Permitted Purposes and solely for personal, parish-related and non-commercial purposes; and
(ii) download, view, copy, display and print Parishioner Content solely for the Permitted Purposes and solely for personal, parish-related and non-commercial purposes.
JSP reserves all rights in and to the OneParish Service App and Parish Content not expressly granted to you under these Terms. Except as expressly permitted in these Terms, you will not: (i) copy, modify or create derivative works based on the OneParish Service App or Parish Content; (ii) distribute, transfer, sublicense, lease, lend or rent the OneParish Service App or Parish Content to any third party; (iii) reverse engineer, decompile or disassemble the OneParish Service App; or (iv) make the functionality of the OneParish Service App available to multiple users through any means.
If you accessed or downloaded the OneParish Service App from the Apple Store, then you agree to use the OneParish Service App only: (i) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service.
If you accessed or downloaded the OneParish Service App from any app store or distribution platform (like the Apple Store, Google Play or the Amazon Appstore) (each, an “App Provider”), then you acknowledge and agree that:
- These Terms are concluded between you and JSP, and not with App Provider, and that, as between JSP and the App Provider, JSP, is solely responsible for the OneParish Service App.
- App Provider has no obligation to furnish any maintenance and support services with respect to the OneParish Service App.
- In the event of any failure of the OneParish Service App to conform to any applicable warranty, you may notify App Provider and App Provider will refund the purchase price for the OneParish Service App to you (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the OneParish Service App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the OneParish Service App to conform to any warranty will be the sole responsibility of JSP.
- App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the OneParish Service App or your possession and use of the OneParish Service App, including, but not limited to: (i) product liability claims; (ii) any claim that the OneParish Service App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third-party claim that the OneParish Service App or your possession and use of the OneParish Service App infringes that third party’s intellectual property rights, JSP will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
- App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the OneParish Service App, and that, upon your acceptance of the terms and conditions of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the OneParish Service App against you as a third party beneficiary thereof.
- You must also comply with all applicable third-party terms of service when using the OneParish Service App.
- You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the OneParish Service App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the OneParish Service App you represent and warrant that: (i) you are not 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Ownership by JSP. JSP and its licensors own all right, title and interest in and to the OneParish Service App and Parish Content and, including all associated intellectual property rights. You acknowledge that the OneParish Service App and Parish Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the OneParish Service App or Parish Content.
Our Enforcement Rights. You acknowledge and agree that, although we’re not obligated to monitor access to or use of the OneParish Service App or to review or edit any Parishioner Content, we have the right to do so for the purpose of operating the OneParish Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Parishioner Content at any time and without notice, if we consider any Parishioner Content to be objectionable or in violation of these Terms.
DMCA/Copyright Policy. JSP respects copyright law and expects its users to do the same. It is JSP’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see JSP’s Copyright and IP Policy at (www.oneparish.com/copyright-policy/) for further information.
Links to Third Party Resources. You will see that the OneParish Service App sometimes contain links to third-party sites. We provide these links only as a convenience and are not responsible for the content of those sites. You agree to take sole risk and responsibility related to your use of any third-party sites.
Termination Rights. We may terminate your access to and use of the OneParish Service App, at our sole discretion, at any time and without notice to you. You can cancel your Account at any time by sending an email to us at email@example.com. Upon any termination, or discontinuation of OneParish Service App or your Account, all provisions of these Terms which by their nature should survive will survive, including, but not limited to, the following: “Warranty Disclaimers”, and “Limitation of Liability”.
Warranty Disclaimers. The OneParish Service App and Parish Content are provided “AS IS,” without warranty of any kind. You assume sole responsibility and liability for results obtained from the use of the OneParish Service App and Parish Content. JSP further disclaims all warranties with respect to the OneParish Service App and Parish Content, including without limitation any implied warranty of merchantability, fitness for a particular purpose or non-infringement. We also make no warranty that the OneParish Service App will meet your requirements or be available on an uninterrupted, secure, or error-free basis and regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content. JSP makes no warranties in relation to the use of donations by parishes or other recipient organizations.
Indemnity. You will indemnify and hold JSP and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, but not limited to, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the OneParish Service App or Content, or (ii) your violation of these Terms.
Limitation of Liability. In no event shall either party be liable to the other party for any incidental, special, exemplary or consequential damages of any kind whether or not a party has been advised of the possibility of such damages, and whether any claim for recovery is based on theories of contract, warranty, tort (including negligence and strict liability) or otherwise. In no event shall JSP’s total liability to you in connection with these Terms or your access to and use of the OneParish Service App or Parish Content exceed the total donations that you made through the OneParish Service App in the twelve (12) month period preceding the claim, or ten dollars ($10), if you have not made any such donations.
General. These Terms and any action arising out of or related to these Terms or your use of the OneParish Service App and Parish Content will be governed by the laws of the State of Indiana without regard to or application of its conflict of laws rules or principles. The exclusive jurisdiction and venue for any such action will be the state and federal courts located in Northern District of Indiana and JSP and you waive any objection to jurisdiction and venue in such courts. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms without JSP’s prior written consent, and any attempt by you to do so without such consent will be void. JSP may freely assign or transfer these Terms without restriction. Any notices or other communications provided by JSP under these Terms, including those regarding changes to these Terms, will be given by JSP: (i) via email; or (ii) by posting to the OneParish Service App. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. The failure by either party to enforce any provision of these Terms will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment of any provision of these Terms will be effective only if in writing and signed by authorized representatives of both parties. These Terms are the complete and exclusive understanding and agreement between the parties regarding its subject matter and supersede all proposals, understandings or communications between the parties, oral or written, regarding its subject matter, unless you and JSP have executed a separate agreement governing use of the OneParish Service App.
Contacting J.S. Paluch Company. If you have any questions about these Terms or the OneParish Service App, please contact JSP at firstname.lastname@example.org or at 1400 Angela Boulevard, South Bend, IN 46617.