Terms and Conditions
Worship Sense, Inc. provides Worship Planning ("the Service") to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: https://worshipplanning.com/login/termsOfUse.cfm. In addition, when using particular Worship Planning services, you shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
"Church" means an organization that has created a church account in the Site, and is a customer of Worship Sense.
"Church Data" means church organization or personal data, reports, addresses, and other files, folders or documents in electronic form that a User of the Service stores within the Service.
"Personal Data” means any information relating to an identified or identifiable natural person.
"Public Area" means the area of the Site that can be accessed both by Users and Visitors, without needing to needing to log in.
"Restricted Area” means the area of the Site that can be accessed only by Users, and where access requires logging in.
"User" means a person who can log in to the Site or Service, who primarily uses the restricted areas of the Site for the purpose of accessing the Service in such capacity.
"Visitor" means an individual other than a User, who uses the public area, but has no access to the restricted areas of the Site or Service.
Description Of Service
Worship Sense currently provides Users and Churches with the Service to assist the planning of their events. You also understand and agree that the Service may include certain communications from Worship Planning operators, such as service announcements and administrative messages, and that these communications are considered part of Worship Planning subscription and you will not be able to opt out of receiving them for as long as your account is active an in good standing. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Worship Planning features, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and "AS AVAILABLE" and that Worship Sense assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications, account settings, or Church Data. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Role as a Service Provider
Role as a Data Processor
Worship Sense is a Data Processor in that we process data on behalf of data controllers (customers that subscriber to the Service). A data controller inputs (or imports) the data and decides the purpose and manner in which the data is to be processed. Data processors hold and process data, but do not have any responsibility or control over that data.
All Church subscriptions are set up on a pre-pay basis. All pricing is guaranteed for the term of pre-payment. Worship Sense reserves the right to change prices at any time, unless other terms have been agreed upon. Any expired account will be inaccessible until it is brought current. Any subscription not brought current within 30 days of the expiration date may be subject to permanent deletion, including all data and files entered and uploaded by your users of your Church subscription. All payments made must be in U.S. currency. Worship Sense will bill each client $50 per returned check, per wire transfer received and per credit card chargeback received.
If you choose to upgrade your subscription during your subscription term, any incremental subscription charges associated with such upgrade will be prorated over the remaining period of your then current subscription term, and due at the time of the upgrade. Future subscription renewal charges will reflect the upgraded subscription rate.
No refunds or credits for subscription charges or other fees or payments will be provided to you if you elect to downgrade or cancel your subscription prior to the end of your then current subscription term. Downgrading will require you to first meet the smaller plan's usage requirements (typically reducing your Planner Account userage) before being able to downgrade.
Your Subscription Obligations
In consideration of your use of Worship Planning, you agree to: (a) provide true, accurate, current and complete information about yourself and your Church as prompted by the Church Information form (such information being the "Subscription Data") and (b) maintain and promptly update the Subscription Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Worship Sense has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Worship Sense has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
User Accounts, Password And Security
Upon creating of a user account for your Church subscription, you will receive an email with a one-time-use link to be used for setting your password. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Worship Sense of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session on a shared computer or device. Worship Sense cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
General Practices Regarding Use And Storage
You acknowledge that Worship Sense may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that service data, message board postings or other uploaded content will be retained by the Service, the maximum disk space that will be allotted on Worship Sense's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Worship Sense has no responsibility or liability for the deletion or failure to store any service data or other content maintained or transmitted by the Service. You acknowledge that Worship Sense reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Worship Sense reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Worship Sense reserves the right to cancel your subscription at any time. All fees paid in advance of cancellation will be pro-rated and paid by Worship Sense if Worship Sense institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)
Intellectual Property Rights
Material accessible to you through the Service may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use Worship Sense or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you enter, upload, access or receive through the Service.
Customers may not use any software or hardward managed by Worship Sense with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other Church's security policy. Users or Visitors may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Worship Sense will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
Worship Sense reserves the right to refuse service to anyone. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of Worship Sense management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered into in York County, South Carolina, and any dispute will be litigated or arbitrated in York County, South Carolina. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in York County courts. IN NO EVENT SHALL WORSHIP SENSE'S MAXIMUM LIABILITY EXCEED FOUR HUNDRED ($400.00) DOLLARS.
WORSHIP SENSE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR CHURCH MAY SUFFER. WORSHIP SENSE MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. WORSHIP SENSE DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY WORSHIP SENSE AND ITS EMPLOYEES. WORSHIP SENSE RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.