Terms of Service

Last Revised: June 26, 2023

Welcome! You have arrived at Pray.com and/or are otherwise interacting with our Service (defined below), which is owned and operated by Pray, Inc. (“Pray,” “we,” “our,” or “us”). These Terms of Service (“Terms”) govern your use of any of our online services (e.g., website or mobile app) where we’ve posted a link to these Terms (“Site”), and also applies to all features, widgets, plug-ins, applications, content, downloads and other services that we own and control and make available through a Site, and/or that post or link to these Terms (collectively, the “Service”), regardless of how you access or use it, whether via computer, mobile device or otherwise.

PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU ARE NOT AUTHORIZED TO USE THE SERVICE.

To help you navigate and find specific sections of these Terms, please refer to this table of contents below:

I. ACCEPTANCE OF THESE TERMS

  • By using the Service, you accept all of the provisions of these Terms and any Additional Terms (defined below).  The Service is not aimed at children and you represent and warrant that you are at least eighteen (18) years of age (or are sixteen (16) years of age or older and have your parent or guardian’s consent to these Terms) and have the requisite power and authority and all permissions necessary to enter into and be bound by these Terms, and you acknowledge that you have read and understood, and agree to be bound by, these Terms, and agree to comply with all applicable laws and regulations in connection with your use of the Service. If you are under  sixteen (16) years of age you should cease using the Services. If you become aware that any child under the age of sixteen (16) is using the Services and does not have the consent of a parent or guardian to these Terms, please contact us immediately so that we can disable his or her access.
  • You further represent and warrant that: (i) you are a resident in Ghana and it is your main residence, (ii) you are at least eighteen (18) years of age or are over the age of sixteen (16) and have all proper consents from a parent or legal guardian, including the proper consents from any parent or guardian of any minor who is depicted in or contributed to any User-Generated Content you submit, (iii) you are of sound mind and capable of taking responsibility for your own actions, (iv) have the power to enter into a legally binding agreement and you are the person whose details are provided in connection with your User-Generated Content, and (v) you are acting as principal and not on behalf of anyone else.
  • By using the Service, you acknowledge and accept the Service’s Privacy Policy and consent to the collection and use of your data in accordance with the Privacy Policy.
  • By using the Service, you further agree that Pray may change, alter, or modify the settings or configurations on your Device (defined below) in order to allow for or optimize your use of the Service.

II. INTERPRETATION

  • In these Terms, we use the term “you” to refer to any user of the Service. If you Use the Service on behalf of a company, organization or other entity, then “you” includes you and that entity; you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms and that you agree to these Terms on the entity’s behalf; and you agree that your entity is legally and financially responsible for your use of the Service as well as for the use of your user account by others affiliated with your entity, including any employees, agents or contractors. We also use the term “Individual User” to refer to any natural person who uses the Service in such natural person’s individual capacity and not as a representative of an FBO User. Lastly, we use the term “FBO User” to refer to faith-based organizations that use the Service.
  • The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms.

III. MODIFICATIONS OF THESE TERMS.

We may, in our sole discretion, modify or revise these Terms at any time by updating this page. You agree that: (1) we may give you notices of new, revised or changed terms and other important matters by prominently posting notice on the home page of the Service, or in another reasonable manner; and (2) we may contact you by push notification or text message to the phone number you supply to us. You agree to promptly notify us if you change your phone number by updating your profile settings.  If you continue to use the Service after any such modification or revision, then you are bound by such modification or revision, and you should therefore visit this page periodically to review these Terms. If any modification or revision is not acceptable to you, you are not permitted to continue using the Service.

IV. ADDITIONAL TERMS

In some instances, both these Terms and separate guidelines, rules, or terms of service or sale setting forth additional or different terms and/or conditions will apply to your use of a specific Service or to a service or product offered via a specific Service (in each such instance, and collectively “Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

V. SERVICE CONTENT, OWNERSHIP, LIMITED LICENSE, AND RIGHTS OF OTHERS

  • Content. The Service contains a variety of: (i) materials and other items relating to Pray and its products and services, and similar items from our licensors and other third parties, including all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, haptic responses, vibrations, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of Pray (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).
  • Ownership. The Service (including past, present, and future versions) and the Content are owned or controlled by Pray and our licensors and certain other third parties. You acknowledge and agree that all right, title, and interest in and to the Content available via the Service is the property of Pray or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible, and you agree not to take any action(s) inconsistent with such ownership interests. Pray owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.
  • Limited License. Subject to your strict compliance with these Terms and the Additional Terms, Pray grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to (i) access and view the Content as displayed on the Service on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”) for your personal, non-commercial use only, and (ii) to use and modify certain Content that we may from time to time make available on the Service explicitly for you for use and integration as part of your User-Generated Content (defined below) (which types of Content are referred to herein as “Pray Licensed Elements”), but only for such purposes as may be explicitly stated at the time that the Pray Licensed Elements are made available on the Service. We and our licensors and certain other third parties, as the case may be, retain ownership of all Content, including Pray Licensed Elements. The foregoing limited license (a) does not give you any ownership of, or any other intellectual property interest in, any Content, and (b) may be immediately suspended or terminated for any reason, in Pray’s sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content, subject to certain Additional Terms.
  • Rights of Others. In using the Service, you must respect the intellectual property and other rights of Pray and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. Pray respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it via the Service, then please see Section XIII below.
  • Your Data. For more information about how we may use and share your technical data and related information, including your User-Generated Content, please review the Privacy Policy.

VI. MEMBERSHIP AND PAYMENT TERMS GENERAL

  • Enrollment. Depending upon the membership or other registered services you enroll in, register for, or otherwise sign up for or subscribe to use (collectively, “enroll”), we may permit you to be enrolled: (i) by telephone, (ii) at our Site, or (iii) by some other method we expressly permit (collectively, the “Enrollment Process”). To complete your purchase of a subscription, click “CONFIRM,” “ACCEPT” or “YES” through the mobile app to complete your subscription. Upon completion of the subscription, Pray will confirm by SMS text message to the mobile number which you provided that you have successfully subscribed to the Service.
  • Your Information. In order to enroll in, register for and receive one or more Services or memberships or for an Individual User to make Donations, you must provide us with the full and accurate personal or organizational information that we require for the applicable services, which may include, without limitation, your name, address, telephone number, email address, date of birth, driver’s license number, or tax identification number, the last four digits of your Social Security number, and other personal or organizational information to verify your identity. You agree to keep all personal information updated and accurate. In the event we do not receive all the required personal information during your Enrollment Process, you agree that we may, in our sole discretion, use our database, the database of our affiliates, or other resources to attempt to complete the required personal information on your behalf. If we are unable to obtain the required personal information or you fail to authenticate your identity as may be required, the services for which you have enrolled or registered from us may be limited. Upon completion of the Enrollment Process, and payment of any Fees owed, you will become eligible to receive the services for which you have enrolled or registered.
  • Membership Fee. If you subscribe to a registered service (including a subscription to access premium content) that is subject to a membership fee, you will be charged the membership fee (the “Fees”) as set forth on the landing page within the Site. You will pay the price detailed by charging the purchase to your monthly account or prepaid account provided by your MNO. The Fees will be mentioned at the point of purchase (i.e., commencement of the Subscription Term or on the date you first access any paid portion of the Service).

    All prices stated and/or otherwise communicated to you are inclusive of VAT (where applicable). The Fees shall become due at the end of the specific subscription period while you are subscribed to the Service irrespective of whether or not the Service is actually accessed during any particular subscription period. All prices displayed are quoted in Ghana Cedis.
  • Methods of Payment; Credit Card Terms and Taxes. You may pay the Fees either (a) through your monthly account or prepaid account provided by your MNO, (b) by credit card, (c) via Google Play or (d) through iTunes. 

     If paying through your MNO, additional MNO charges may also apply. You agree that these Terms govern your use of the Service and is a contract between you and Pray, and not with your MNO. Your MNO has agreed with us to simply charge the Fee amounts directly to your bill or prepay account. Once this charge has been authorised by you, you must pay your MNO (for monthly accounts) the amount charged. You are therefore wholly responsible for checking that you are happy with the Pray, the applicable Fees and the Service before making a purchase commitment

    If paying by credit card, your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms to determine your rights and liabilities as a cardholder. You represent and warrant that you will not use any credit card or other form of payment unless you have all necessary legal authorization to do so. You, and not Pray, are responsible for paying any unauthorized amounts billed to your credit card by a third party. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. If Pray does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Pray or its agents. You are responsible for paying any taxes or charges imposed on the Fees including, but not limited to, sales, use or value-added taxes. Payment processing services for your account on the Service may be provided by our third party payment processor Stripe, in which case they will be subject to the Stripe Connected Account Agreement https://stripe.com/connect-account/legal, which includes the Stripe Terms of Service https://stripe.com/legal (collectively, the “Stripe Services Agreement”). By agreeing to these Terms or continuing to make payments via Stripe while using the Service, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Pray enabling payment processing services through Stripe, you agree to provide Pray accurate and complete information about you and your business, and you authorize Pray to share such information with Stripe in accordance with the Privacy Policy.

    If you make payments within the iOS or Android mobile app version of our Services, your payment will be processed by Apple or its service providers (in the case of the iOS version of the Service) or Google or its service providers (in the case of the Android version of the Service). Your use of either the Google Store or iTunes will be subject to Apple or Google’s respective end user terms for their respective payment processing services.

  • Refunds. If you reside in Ghana and have purchased one of our subscription services with a recurring charge, section 44 of the Electronic and Transactions Act 772 of 2008 (“ECTA”) entitles a customer to cancel without reason and without penalty any sale concluded on a website within 14 (fourteen) days after the date of receipt of goods or 7 (seven) days after date of the conclusion of an agreement for services (“Cooling Off Period”) and to obtain a full purchase price refund within 30 (thirty) days of date of cancellation thereafter, but provided that you notify us of your cancellation in writing. Where the Cooling Off Period does not apply you may cancel the subscription to the Service at any time in accordance with Section VI.10 below. Except as set forth in this Section VI.4, DONATIONS AND FEES ARE NONREFUNDABLE.

  • Fee Changes. Pray reserves the right to change the pricing of the Membership Subscription at any time. In the event of a price change, Pray will post the new pricing on the Site and attempt to notify you in advance by sending an email to the address you have registered for your account. You agree that we may change the pricing we charge you for your Membership Subscription and any products/services offered in your Membership Subscription package by providing you with notice through an electronic communication from us and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You consent to our ability to change our pricing and the details of our Membership Subscription packages through an electronic communication to you. If you do not wish to accept a price or Membership Subscription package change made by us, you may cancel your Membership Subscription as described in Section VI.10 below. Otherwise you will be deemed to have consented to the Membership Subscription package change and authorize your MNO, our payment process provider (if you are paying by credit card), Google (if you are paying through the Google Store) or Apple (if you are paying through iTunes) to charge the new Fees.
  • Automatic Renewals. If you subscribe for a renewing membership subscription (a “Membership Subscription”), then the Service will renew automatically after the end of the specific subscription period unless and until you decide to opt out or unsubscribe and you will no longer be charged the Fees. Your Membership Subscription will automatically renew as further set forth below. Should any payments fail to be timely completed, you will be notified of such failure via email. The benefits of your membership (including, without limitation, an Individual User’s ability to make tax-deductible donations to an FBO User using Pray’s “Give” function (a “Donation”)) may be suspended until payment is received. If payment is not received within thirty (30) days, your membership may be cancelled.
  • Membership Term and Termination. Except in the event of a free trial offer, your membership will commence as of the date you purchase a subscription in accordance with Section VI.3 above. If you sign up for a Membership Subscription, your Membership Subscription will continue in full force for the length of the term you specifically purchased or on a month-to-month term if not otherwise specified until such time as you cancel the Membership Subscription as further explained in Section VI.10 below (the “Subscription Term”). In the event that you cancel a Membership Subscription in the middle of your Subscription Term, you will not be entitled to receive a refund for the unused portion of the remainder of that Subscription Term. Pray will have the right, upon written notice to you, to terminate this Agreement and suspend your access to your Membership Subscription, if: (a) you fail to pay any amount due under this Agreement; (b) you publish, cause the publication of and/or send via the Service any actual or potentially defamatory, offensive or obscene language or material, (c) you breach or are suspected of any breach of applicable law, regulation, code or request of a MNO and/or regulators, (d) you materially breach any term or condition of this Agreement and/or (e) we deem it in our best interests and/or customers to do so. Pray shall have the right to terminate this Agreement and suspend your access to your Membership Subscription with or without cause, upon thirty (30) days written notice to you, in which case you will no longer be charged for access to the Membership Subscription. Upon the expiration or termination of this Agreement for any reason, your access to, and use of, your Membership Subscription will terminate. You agree that Pray will not be liable to you or any third party for termination of your membership or access to the Service.
  • Free Promotional Offerings. We may offer promotional trial subscriptions to access certain membership-only features of the Service for free for a limited time or at special discounted prices. If you sign up for a trial use, your rights to use the Service are limited by the terms of such trial and will terminate or renew on the terms of your trial arrangement and/or any applicable Additional Terms. [Please be aware that when you sign up for a free trial, you will be required to provide your credit card number and Pray will confirm your credit card is valid. When we process your credit card, some credit card companies may place a temporary hold on your account for your first payment. Please contact your credit card company if you have questions. Please note that we do not provide price protection or refunds in the event of a price drop or promotional offering.]
  • Cancelling Membership. A member will have the right to cancel membership at any time upon notice to Pray via the “Settings” section of the app or via the web by logging into your account at www.pray.com. If you purchase your Membership Subscription via a third party app or platform, you should cancel your Subscription with that third party app or platform directly. To avoid a late cancellation fee or forfeiture of the membership renewal fee, membership should be cancelled prior to the end of the then current Subscription Term. Upon cancellation, you will continue to have access to the Service through the end of your current billing period, but you will not get a refund or any proration for that billing period. We may provide a refund, discount, or other consideration to some or all of our members (“deductions”). The amount and form of such deductions, and the decision to provide them, are at our sole and absolute discretion. If you received deductions in one instance, this does not entitle you to deductions in the future for similar instances, nor does it obligate us to provide deductions to you or anyone else in the future.
  • Consumer Rights. Nothing in this Agreement affects or limits your legal rights as a consumer under the ECTA and/or the CPA and other applicable laws. No provision of this Agreement is to be interpreted or construed as excluding, limiting or waiving any rights which you may have as a consumer, or avoiding any obligation which we may have, in terms of the ECTA, the CPA or any other applicable laws, whether in Botswana or any other country having jurisdiction (unless such laws permit the parties to agree otherwise).

VII. RECEIPT AND ACCEPTANCE BY FBO USERS OF DONATIONS

Individual Users who are members of Pray may send either one-time or subscription Donations to qualified FBO Users through the “Give” function on the Site. 100% of a given Donation, less service fees that we or our service providers charge to help process your Donation, if any, are remitted to the FBO User that the Individual User has designated for a Donation. By registering as an FBO User to accept any Donations from Individual Users via the Service, you must be, and you hereby represent and warrant that you are, exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, and the regulations promulgated thereunder (the “Code”). Prior to accepting Donations, you must provide us or our third party payment processors with valid bank account information, such as (i) the legal name, tax identification number, address (including street address, city, state, zip code and country) of your organization, (ii) the name and birthdate of your authorized representative and identity or passport or driver’s license number, (iii) the name, address, telephone number and ACH routing number of your banking institution, and (iv) the bank account into which you would like to receive Donations. You are responsible for paying any taxes or charges imposed on Donations you receive, including, but not limited to, sales, use or value-added taxes. An FBO User may require additional verifications or information before accepting any Donation. Pray disclaims all responsibility and liability for an FBO User’s acceptance or rejection of an Individual User’s Donation. If an FBO User cancels all or a portion of an Individual User’s Donation, the Individual User’s sole and exclusive remedy is either that: (a) we will direct your MNO to issue a credit to you in the amount charged for the cancelled portion of the Donation (if your MNO has already charged for the Donation); (b) we will direct our payment provider to issue a credit to your credit card in the amount charged for the cancelled portion of the Donation (if your credit card has already been charged for the Donation); or (c) we will not, and we will direct Stripe to not, charge you for the cancelled portion of the Donation. If an Individual User’s Donation has been paid through iTunes or the Google Play Store, such Donation is subject to the applicable terms and conditions of such platform. Do not assume that a cancellation or change to a Donation you have made has been effected until you receive a confirmation from Pray via the Site. As stated above, you will be responsible for the payment of all fees associated with Donations already processed before your cancellation/change request or a request to terminate your account was received.

VIII. USER-GENERATED CONTENT

  • General. Pray may now or in the future offer users of the Service the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Service (collectively, “submit”) messages, avatars, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding Pray Licensed Elements included therein, “User-Generated Content”). Pray may allow you to do this through your Profile Page (defined below), forums, blogs, message boards, social networking environments, content creation tools, gameplay, social communities, contact us tools, email, text message, and other communications functionality. Subject to the rights and license you grant in these Terms, you retain whatever legally cognizable right, title, and interest that you have in your User-Generated Content and you remain ultimately responsible for it.
  • Non-Confidentiality of Your User-Generated Content. Except as otherwise described in the Service’s posted Privacy Policy or any Additional Terms or as set forth below, you agree that (a) your User-Generated Content will be treated as non-confidential regardless of whether you mark them “confidential,” “proprietary,” or the like and will not be returned, and (b) Pray does not assume any obligation of any kind to you or any third party with respect to your User-Generated Content. Notwithstanding anything provided herein in the contrary, any User-Generated Content you submit privately and not for public display, such as private messages, will not be information that we make publicly available on the Service, except as otherwise permitted under the Privacy Policy. Upon Pray’s request, you will furnish us with any documentation necessary to substantiate that you have the right to submit User-Generated Content to the Service, and to verify your compliance with these Terms or any Additional Terms. You acknowledge that the Internet and mobile communications may be subject to breaches of security and that you are aware that submissions of User-Generated Content may not be secure, and you will consider this before submitting any User-Generated Content and do so at your own risk. In your communications with Pray, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you post on or send to us via the Service are deemed User-Generated Content and licensed to us as set forth below. In addition, Pray retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. Pray’s receipt of your Unsolicited Ideas and Materials is not an admission by Pray of their novelty, priority, or originality, and it does not impair Pray’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.
  • License to Pray of Your User-Generated Content. We need certain rights in your User-Generated Content in order to be able to provide the Service.  Accordingly, except as otherwise described in any applicable Additional Terms (such as a contest official rules), which specifically govern the submission of your User-Generated Content, you hereby grant to Pray, and you agree to grant to Pray, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels including to other users of the Service), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User-Generated Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User-Generated Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User-Generated Content for any purposes whatsoever, including developing, producing, and marketing products and/or services. You understand that in exercising such rights metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so. In order to further effect the rights and license that you grant to Pray to your User-Generated Content, you also hereby grant to Pray, and agree to grant to Pray, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with the posting of any User-Generated Content on the Service, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User-Generated Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section IX.3.
  • Exclusive Right to Manage Our Service. Pray may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User-Generated Content, and Pray may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of User-Generated Content without notice or any liability to you or any third party in connection with our operation of User-Generated Content venues in an appropriate manner. Without limitation, we may do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable Additional Terms, including, without limitation, the content restrictions set forth below in the Rules (defined in Section X.1). Such User-Generated Content submitted by you or others need not be maintained on the Service by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User-Generated Content on the Service or elsewhere.
  • Representations and Warranties Related to Your User-Generated Content. Each time you submit any User-Generated Content, you represent and warrant that you are at least eighteen (18) years of age or are over the age of sixteen (16) and have all proper consents from a parent or legal guardian, including the proper consents from any parent or guardian of any minor who is depicted in or contributed to any User-Generated Content you submit, and, as to that User-Generated Content, (a) you are the sole author and owner of the intellectual property and other rights to the User-Generated Content, or you have a lawful right to submit the User-Generated Content and grant Pray the rights to it that you are granting by these Terms and any Additional Terms, all without any Pray obligation to obtain consent of any third party and without creating any obligation or liability of Pray; (b) the User-Generated Content is accurate; (c) the User-Generated Content does not and, as to Pray’s permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and (d) the User-Generated Content will not violate these Terms (including the Rules) or any Additional Terms, or cause injury or harm to any person.
  • Enforcement. Pray has no obligation to monitor or enforce your intellectual property rights to your User-Generated Content, but you grant us the right to protect and enforce our rights to your User-Generated Content, including by bringing and controlling actions in your name and on your behalf (at Pray’s cost and expense, to which you hereby consent and irrevocably appoint Pray as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).

IX. COMMUNITY USAGE RULES.

Rules. As a user of the Service, these Community Usage Rules (“Rules”) are here to help you understand the conduct that is expected of members of the Service’s online communities (“Communities”). Your participation in the Communities is subject to all of the Terms, including these Rules:

  • Your User-Generated Content. All of your User-Generated Content either must be original with you or you must have all necessary rights in it from third parties in order to permit you to comply with these Terms and any Additional Terms. Your User-Generated Content may not contain any visible logos, phrases, or trademarks that belong to third parties. Do not use any User-Generated Content that belongs to other people and pass it off as your own; this includes any content that you might have found elsewhere on the Internet. If anyone contributes to your User-Generated Content or has any rights to your User-Generated Content, or if anyone appears or is referred to in the User-Generated Content, then you must also have their permission to submit such User-Generated Content to Pray. (For example, if someone has taken a picture of you and your friend, and you submit that photo to Pray as your User-Generated Content, then you must obtain your friend’s and the photographer’s permission to do so.)
  • Act Appropriately. All of your Service activities must be venue appropriate, as determined by us. Be respectful of others’ opinions and comments so we can continue to build Communities for everyone to enjoy. If you think your User-Generated Content might offend someone or be embarrassing to someone, then chances are it probably will and it doesn’t belong on the Service. Cursing, harassing, stalking, insulting comments, personal attacks, gossip, and similar actions are prohibited. Your User-Generated Content must not threaten, abuse, or harm others, and it must not include any negative comments that are connected to race, national origin, gender, sexual orientation, or physical handicap. Your User-Generated Content must not be defamatory, slanderous, indecent, obscene, pornographic, or sexually explicit.
  • Do Not Use for Commercial or Political Purposes. Your User-Generated Content must not advertise or promote a product or service or other commercial activity for profit, or a politician, public servant, or law, except to the extent you are an FBO User engaging in Donation Solicitations.
  • Do Not Use for Inappropriate Purposes. Your User-Generated Content must not promote any infringing, illegal, or other similarly inappropriate activity.
  • Be Honest and Do Not Misrepresent Yourself or Your User-Generated Content. Do not impersonate any other person, user, or company, and do not submit User-Generated Content that you believe may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or company.
  • Others Can See. We hope that you will use the Communities to exchange information and content and have venue appropriate discussions with other members. However, please remember that the Communities are public or semi-public and User-Generated Content that you submit on the Service within a Community may be accessible and viewable by other users. Do not submit personally identifying information (e.g., first and last name together with password, phone number, address, credit card number, medical information, email address, or other personally identifiable information or contact information) on Community spaces and take care when disclosing this type of information to others.
  • Don’t Share Other Peoples’ Personal Information. Your User-Generated Content should not reveal another person’s address, phone number, email address, Social Security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual, unless, and in the form and by the method, specifically requested by Pray.
  • Don’t Damage the Service or Anyone’s Computers or Other Devices. Your User-Generated Content must not submit, and you must not attempt or encourage the misuse by introducing, viruses, Trojan horses, spyware, or any other technologies or malicious code that could impact the operation of the Service, Pray’s server or any computer or other Device. You must not attack the Service via a denial-of-service attack or distributed denial-of-service attach. If you submit User-Generated Content that Pray reasonably believes violates these Rules, then we may take any legally available action that we deem appropriate, in our sole discretion. However, we are not obligated to take any action not required by law. We may require, at any time, proof of the permissions referred to above in a form acceptable to us. Failure to provide such proof may lead to, among other things, the User-Generated Content in question being removed from the Service. By breaching this Section 8, you may be committing a criminal offence under the law of Ghana. Pray will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such breach, your right to use the Service will cease immediately without notice to you and without us incurring any liability whatsoever.  
  • Only Contact Other People Through the Service. You may use our Service to communicate with your members/constituents/followers (“Members”) in accordance with these Terms, our Privacy Policy, and all applicable laws. All communication must occur through our Service. You may not send any messages to our users that contain illegal, illicit, harassing, harmful, inappropriate, or hateful content. You must honor all requests to opt-out of receiving communications.
  • Your Interactions with Other Users; Disputes. You are solely responsible for your interaction with other users of the Service, whether online or offline. We are not responsible or liable for the conduct or content of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities.
  • Alerting Us of Violations. If you discover any content that violates these Terms, then you may report it to us at legal@pray.com. For alleged infringements of intellectual property rights, see Section XIII below.

X. SERVICE AND CONTENT USE RESTRICTIONS

  • Service Use Restrictions. You agree that you will not: (i) aside from a qualified FBO User’s use of Pray’s “Give” function to solicit tax-deductible donations from other users (“Donation Solicitations”), use the Service for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other “hidden text” utilizing any Trademarks; (iii) engage in any activities through or in connection with the Service that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to Pray; (iv) reverse engineer, decompile, disassemble, reverse assemble, or modify any Service source or object code or any software or other products, services, or processes accessible through any portion of the Service; (v) engage in any activity that interferes with a user’s access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, Pray, or other users of the Service; (vi) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, the Content, or the User-Generated Content; (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Service, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Service, other computer systems or networks connected to the Service, through password mining or any other means; or (ix) otherwise violate these Terms or any AdditionalTerms.
  • Content Use Restrictions. You also agree that, in using the Service: (i) you will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Service by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content; (iv) you will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) you will not make any modifications to such Content (other than to the extent of your permitted use of the Pray Licensed Elements, if applicable); (vi) you will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or any Additional Terms or with the prior written consent of an officer of Pray or, in the case of Content from a licensor, the owner of the Content; and (vii) you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.
  • Availability of Service and Content. Pray may immediately suspend or terminate the availability of the Service and Content (and any elements and features of them), in whole or in part, for any reason, in Pray’s sole discretion, and without advance notice or liability.
  • Reservation of All Rights Not Granted as to Content and Service. These Terms and any Additional Terms include only narrow, limited grants of rights to Content and to use and access the Service. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by Pray and its licensors and other third parties. Any unauthorized use of any Content or the Service for any purpose is prohibited.

XI. ACCOUNTS AND PROFILES

  • Accounts. In order to access or use some (or potentially all) of the features on the Service, you must first register through our online registration process. The Service’s practices governing any resulting collection and use of your personal information are disclosed in its Privacy Policy. If you are under the age of sixteen (16), then you are not permitted to register as a user, create a Profile Page or otherwise use the Service or submit personal information to us. If you register for any feature that requires a password and/or username, then you will select your own password at the time of registration (or we may send you a text message notification with a randomly generated initial password) and you agree that: (i) you will not use a username (or email address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive (We may reject the use of any password, username, or email address for any other reason in our sole discretion); (ii) you will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it including on your Profile Page, continuously and promptly to keep it accurate, current, and complete; (iii) you are solely responsible for all activities that occur under your account, password, and username whether or not you authorized the activity; (iv) you are solely responsible for maintaining the confidentiality of your password and for restricting access to your Device so that others may not access any password protected portion of the Service using your name, username, or password; (v) you will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security; and (vi) you will not sell, transfer, or assign your account or any account rights. We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, any Additional Terms, or any applicable law, then we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits all in our Donation Solicitation by discretion, for any reason, and without advance notice or liability.
  • Profiles. Your Profile Page may not include any form of prohibited User-Generated Content, as outlined in Section IX.5 above and in our Rules. Without limiting the foregoing, Profile Pages may not include content that you are attempting to sell through the Service, and, with the exception of Donation Solicitation by FBO Users, cannot be used to conduct commercial activities, including, but not limited to, transactions, advertising, contests or other promotions absent our prior written consent. We may offer you the ability to set preferences relating to your profile or Service activities, but settings may not become effective immediately or be error free, and options may change from time-to-time. We assume no responsibility or liability for users’ profile material. Profile Pages may only be set up by an authorized representative of the individual, group, association or entity that is the subject of the Profile Page. We do not review Profile Pages to determine if they were created by an appropriate party, and we are not responsible for any unauthorized Profile Pages that may appear on the Service. If there is any dispute as to whether a Profile Page has been created or is being maintained by an authorized representative of the individual, group, association or entity that is the subject of that Profile Page, then we shall have the sole right, but are not obligated, to resolve such dispute as we determine is appropriate in our sole discretion. Such resolution may include, without limitation, deleting or disabling access to Profile Pages, or any portion thereof, at any time without notice.

XII. LINKS BY YOU TO THE SERVICE

  • We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Service, so long as: (a) the links only incorporate text, and do not use any Trademarks, (b) the links and the content on your website do not suggest any affiliation with Pray or cause any other confusion, and (c) the links and the content on your website do not portray Pray or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to Pray. Pray reserves the right to suspend or prohibit linking to the Service for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.

XIII. THIRD-PARTY SITES

  • Links to Third Party Sites. The Service may contain third party plug-ins and/or applications, and/or links to third-party websites that are not owned, controlled or operated by Pray, and the Service may also include links to third-party ads on the Service or otherwise, to or from third-party websites (collectively, “Third-Party Sites”), including websites operated by advertisers, licensors, licensees, and certain other third parties who may have business relationships with Pray. Pray may have no control over the content, operations, policies, terms, or other elements of Third-Party Sites, and Pray does not assume any obligation to review any Third-Party Sites. Pray does not necessarily endorse, approve, or sponsor any Third-Party Sites, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, Pray is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such Third-Party Sites. Finally, Pray will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these Third-Party Sites. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Third-Party Sites. Pray disclaims all liability in connection therewith.
  • Dealings with Third Parties. Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Service (including on or via Third-Party Sites or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). Pray disclaims all liability in connection therewith.

XIV. WIRELESS AND LOCATION-BASED FEATURES

  • Wireless Features. The Service may offer certain features and services that are available to you via your wireless Device. These features and services may include the ability to access the Service’s features and upload content to the Service, receive messages from the Service, and download applications to your wireless Device (collectively, “Wireless Features”). Standard messaging, data, and other fees may be charged by your carrier to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Device. You should check with your carrier to find out what plans are available and how much they cost. Contact your carrier with questions regarding these issues.
  • Terms of Wireless Features. You agree that as to the Wireless Features for which you are registered, we may send communications to your wireless Device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features. If you have registered via the Service for Wireless Features, then you agree to notify Pray of any changes to your wireless contact information (including phone number) and update your accounts on the Service to reflect the changes.
  • Location-Based Features. If you have enabled GPS, geo-location or other location-based features on any mobile app(s) or feature(s), you acknowledge that your Device location will be tracked and may be shared with others consistent with the Privacy Policy. Some mobile app(s) or feature(s) allow for you to disable location-based features or manage preferences related to them. However, you can terminate Device location tracking by us by uninstalling any mobile app(s) or feature(s). The location-based services offered in connection with our mobile app(s) or feature(s) are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or severe physical or property damage. The location-based services are not suited or intended for family finding purposes, fleet tracking, or any other type of business or enterprise use.

XV. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of Ghana. You irrevocably agree that the courts of the Republic of South Africa shall have exclusive jurisdiction to resolve any dispute or claim of whatever nature arising out of or relating to the Service. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of our intellectual property or breach of these Terms is taking place or originating. You are solely responsible for compliance with any applicable laws and regulations of the jurisdiction from which you are accessing the Service.

XVI. DISCLAIMER

Your access to and use of the Service is at your sole risk. The Service is provided on an “as is”, “as available”, and “with all faults” basis. Therefore, to the fullest extent permissible by law, Pray, Inc. and its subsidiaries and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “Pray Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to: (a) the Service (including the Content and the User-Generated Content); (b) the functions, features, or any other elements on, or made accessible through, the Service; (c) any memberships, membership packages, subscriptions, products, services, or instructions offered or referenced at or linked through the Service; (d) security associated with the transmission of your User-Generated Content transmitted to Pray or via the Service; (e) whether the Service or the servers that make the Service available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Device); (f) whether the information (including any instructions) on the Service is accurate, complete, correct, adequate, useful, timely, or reliable; (g) whether any defects to or errors on the Service will be repaired or corrected; (h) whether your access to the Service will be uninterrupted; (i) whether the Service will be available at any particular time or location; and (j) whether your use of the Service is lawful in any particular jurisdiction. Except for any specific warranties provided herein or in Additional Terms provided by a Pray Party, Pray Parties hereby further disclaim all warranties, express or implied, including the warranties of merchantability, fitness for a particular purpose, non-infringement or misappropriation of intellectual property rights of third parties, title, custom, trade, quiet enjoyment, system integration, and freedom from computer virus. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.

XVII. LIMITATION ON LIABILITY

  • Limitations of Our Liability. Under no circumstances will any Pray Parties be responsible or liable for any loss or damages of any kind, including personal injury or death or for any indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to: (a) the Service (including the Content and the User-Generated Content); (b) your use of or inability to use the Service, or the performance of the Service; (c) any action taken in connection with an investigation by Pray Parties or law enforcement authorities regarding your access to or use of the Service; (d) any action taken in connection with copyright or other intellectual property owners or other rights owners; (e) any errors or omissions in the Service’s technical operation; or (f) any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction. You understand that we monitor your personal information within our network using certain proprietary technologies and database information owned by or under license to us, but not all transactions, including those that might entail the potentially fraudulent use of your information, may be monitored and the scope of the network utilized by us to monitor your personal information may change. The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if Pray Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of God, telecommunications failure, or destruction of the Service). Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.
  • General Limitations on Liability. Except as may be provided in any Additional Terms, to the fullest extent permitted by applicable law, in no event will Pray Parties’ total liability to you, for all possible damages, losses, and causes of action in connection with your access to and use of the Service and your rights under these Terms, exceed an amount equal to the amount you have paid Pray in connection with the transaction(s) that underlie the claim(s); provided, however, this provision will not apply if a tribunal with applicable jurisdiction finds such to be unconscionable. For purposes of clarity, the prior sentence does not expand or limit any express, written product warranty that is provided by Pray or a manufacturer of a physical product.
  • Waiver of Injunctive or Other Equitable Relief. If you claim that you have incurred any loss, damages, or injuries in connection with your use of the Service, then the losses, damages, and injuries will not be irreparable or sufficient to entitle you to an injunction or to other equitable relief of any kind. This means that, in connection with your claim, you agree that you will not seek, and that you will not be permitted to obtain, any court or other action that may interfere with or prevent the development or exploitation of any website, application, Content, User-Generated Content, product, Service, or intellectual property owned, licensed, used or controlled by Pray (including your licensed User-Generated Content) or a licensor of Pray.

XVIII. GENERAL PROVISIONS

  • Pray’s Consent or Approval. As to any provision in these Terms or any Additional Terms that grants Pray a right of consent or approval, or permits Pray to exercise a right in its “sole discretion,” Pray may exercise that right in its sole and absolute discretion. No Pray consent or approval may be deemed to have been granted by Pray without being in writing and signed by an officer of Pray.
  • Indemnity. You agree to, and you hereby, defend, indemnify, and hold Pray Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Pray Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) your User-Generated Content; (ii) your use of the Service and your activities in connection with the Service; (iii) your breach or alleged breach of these Terms or any Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Service or your activities in connection with the Service; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) Pray Parties’ use of the information that you submit to us (including your User-Generated Content) (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by Pray Parties in the defense of any Claim and Losses. Notwithstanding the foregoing, Pray Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. Pray Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Pray Party.
  • Operation of Service; Availability of Products and Services; International Issues. Pray controls and operates the Service from its U.S.-based offices in the U.S.A. If you use the Service from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. We reserve the right to limit the availability of the Service and/or the provision of any content, program, product, service, or other feature described or available on the Service to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide. You and we disclaim any application to these Terms of the Convention on Contracts for the International Sale of Goods.
  • Customer Support.  You acknowledge that the provision of customer support is at Pray’s sole discretion and that we have no obligation to provide you with customer support of any kind, except to answer any questions you may have about these Terms. We may provide you with customer support from time to time, at our sole discretion, provided that you have created an account and that you submit your customer support inquiries using such account or contact Pray via the following email address and webform:
    Contact email : support-gh@my-subscriptions-gh.com
    Web form : https://www.my-subscriptions-gh.com/
  • Export Controls. Software related to or made available by the Service may be subject to export controls of the U.S.A. No software from the Service may be downloaded, exported, or re-exported (i) into (or to a national or resident of) any country or other jurisdiction to which the U.S.A. has embargoed goods, software, technology or services (which, as of the effective date of these Terms, includes Cuba, North Korea, Iran, Sudan, and Syria), or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, or (iii) to anyone on the U.S. Department of Commerce’s Bureau of Industry and Security Entities List as published in the Export Administration Regulations (including entities engaged in weapons of mass destruction proliferation in various countries and persons and entities that are suspected of diverting U.S. origin items to embargoed countries or terrorist end-uses). You are responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls, including as set forth in subsections (i)-(iii) above.
  • Severability; Interpretation. If any provision of these Terms, or any Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional Terms (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word “including” is used in these Terms or any Additional Terms, the word will be deemed to mean “including, without limitation.” The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms.
  • Communications. When you communicate with us electronically, such as via email and text message, you consent to receive communications from us electronically. Please note that we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
  • Investigations; Cooperation with Law Enforcement; Termination; Survival. Pray reserves the right, without any limitation, to: (i) investigate any suspected breaches of its Service security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms and any Additional Terms, (iii) investigate any information obtained by Pray in accordance with its Privacy Policy in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms and any Additional Terms, and (vi) discontinue the Service, in whole or in part, or, except as may be expressly set forth in any Additional Terms, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to Pray under these Terms or any Additional Terms. Upon suspension or termination of your access to the Service, or upon notice from Pray, all rights granted to you under these Terms or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service. The provisions of these Terms and any Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Pray in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.
  • Assignment. Pray may assign its rights and obligations under these Terms and any Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Pray.
  • No Waiver. Except as expressly set forth in these Terms or any Additional Terms, (i) no failure or delay by you or Pray in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
  • Connectivity. You are responsible for obtaining and maintaining all Devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the Service and you will be responsible for all charges related to them.
  • Terms Applicable for Apple iOS. If you are accessing or using the Service through an Apple Inc. (“Apple”) Device or via an app downloaded from the Apple App Store, the following additional terms and conditions are applicable to you and are incorporated into the Terms by reference. To the extent the other terms and conditions of the Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to an app from the Apple App Store. To the extent that you are accessing the Service through an Apple Device or via an app downloaded from the Apple App Store, you acknowledge that these Terms are entered into between you and Pray and, that Apple is not a party to these Terms other than as third-party beneficiary as contemplated below. Your use of the app must comply with the Apple App Store Terms of Use. The license granted to you in Section V.3 of these Terms is subject to the permitted Usage Rules set forth in the Apple App Store Terms of Use (see: http://www.apple.com/legal/itunes/us/terms.html) and any third party terms of agreement applicable to the Service. You acknowledge that Pray, and not Apple, is responsible for providing the Service and Content. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Service. In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the app to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service. Notwithstanding anything to the contrary herein, and subject to the terms in these Terms, you acknowledge that, solely as between Apple and Pray and that Pray, and not Apple, is responsible for addressing any claims you may have relating to the Service, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Further, you agree that if the Service, or your possession and use of the Service, infringes on a third party's intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. When using the Service, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the Service.
  • Terms Applicable for Google-Sourced Software. If you are accessing or using the Service through a Google device or via an app downloaded from the Google Play Store, the following additional terms and conditions are applicable to you and are incorporated into these Terms by reference: (a) you acknowledge that these Terms are between you and Pray only, and not with Google, Inc. (“Google”); (b) your use of Google sourced software must comply with Google’s then-current Google Play Terms of Service; (c) Google is only a provider of Google Play where you obtained the Google sourced software; (d) Pray, and not Google, is solely responsible for Pray’s Google-sourced software; (e) Google has no obligation or liability to you with respect to Google sourced software or these Terms; and (f) you acknowledge and agree that Google is a third-party beneficiary to these Terms as it relates to Pray’s Google-sourced software.
  • Entire Agreement. These Terms, including the documents expressly incorporated by reference, constitute the entire agreement between you and us with respect to the Service, and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Service. These Terms may only be modified as set forth herein.
  • Contact Us.  All legal notices to us must be sent to legal@pray.com.  If you have a question regarding these Terms or the Service, you may contact Pray Customer Support by sending an email to purpose@pray.com, writing us at Pray.com, 4607 Lakeview Canyon Rd. #456, Westlake Village, CA 91361 or calling us at (424) 625-8643.