Last modified: September 2020
Please read these Terms and Conditions carefully before using the Picture Jesus with Us [PJWU] website and/or the Picture Jesus with us [PJWU] mobile application (the “Service”) created, owned, and maintained by Picture Jesus with Us.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms and Conditions. If you disagree with any part of the terms and conditions, then you may not access or use the Service.
Article 1 General Terms
1.1 These T&Cs apply to the use of, and access to, the Service by User. If the User does not agree with these T&Cs, the User may not use the Service.
1.2 [PJWU] may amend these T&Cs at any time. By continuing to use the Service after the T&Cs have been amended, the User accepts the amended T&Cs. If the User does not agree with the T&Cs at any time, the User’s exclusive remedy is to stop using the Service.
1.3 If any provisions in these T&Cs are held to be invalid or unenforceable, the other provisions of these T&Cs shall remain in full force and in effect. In such a case, [PJWU] will replace the void or unenforceable provisions with new ones.
Article 2 License and Use
2.1 [PJWU] hereby grants the User a limited, revocable, non-exclusive, non-transferable, right to access and use the Service pursuant to these T&Cs (the “License”).
Article 3 Service Content
3.1 The Service is owned and operated by [PJWU] and contains images of Jesus and Bible verses. The service also provides for user feedback to be delivered to [PJWU] via a Service contact form.
Article 4 Third Party Content
Article 5 Compliance with Applicable Law
5.1 The user will comply with all applicable laws, rules, and regulations in connection with the use of the service and any content you submit, save, or share, including without limitation, compliance with data privacy laws, applicable export control laws and other regulations of the United States. You will be responsible for all activities conducted under your username.
Article 6 Acceptable Use Policy
6.1 Use of the Service to do any of the following, as determined by [PJWU] in its sole discretion, is strictly prohibited:
- Include software such as viruses or Trojans that can damage or erase, make unavailable or inaccessible any computers or data of [PJWU], other Users or third parties.
- Bypass technical security measures of the computer systems of [PJWU] other Users or third parties.
- Impede the functionality or functionalities of the [PJWU] App and/or Website, Services.
- Infringe any of [PJWU] or any third party’s intellectual property rights, privacy rights or any other rights.
- Involve any form of pornography, bestiality or other unlawful erotic content or acts relating thereto.
- Promote or provide instructions or information about how to engage in illegal conduct, commit illegal activities or promote physical harm or injury.
- Involve any illegal activities or activities that are contrary to morality or public order.
- Involve false or misleading information.
- Involve otherwise inappropriate use.
- Breach these T&Cs; and/or
- Be unlawful in any way whatsoever.
Article 7 Intellectual Property Rights
7.1 User acknowledges and agrees that, except as specifically set forth in these T&Cs, [PJWU] retains all rights, title and interest, including without limitation domain names, copyrights, trademark, tradename and trade dress rights, patent rights, and know-how (“Intellectual Property Rights”), in and to the technology, programming code, content management system and all other assets relating to the [PJWU] App/Website service, as well as to any modifications, adaptations or translations thereof. The User acknowledges and agrees that it does not acquire any rights therein, express, or implied, except for any rights expressly granted under these T&Cs.
7.2 User is not permitted to sell, rent out, transfer, or copy the [PJWU] App/Website service or make it available to third parties in any way or for any purpose not expressly permitted in these T&Cs.
7.3 [PJWU] will be permitted to install technical provisions for the purpose of protecting the [PJWU] App/Website service. User is not allowed to remove or circumvent such technical provisions.
8.1 We respect your privacy. Please see our Privacy Statement.
Article 9 Disclaimer
9.1 The [PJWU] App/Website is provided on an “as is” basis without warranty of any kind. However, [PJWU] does not warrant that the [PJWU] App/Website is suited for other than normal designation, as described in these Terms & Conditions. Moreover, [PJWU] does not warrant that the Service will be error-free, complete, or up to date always.
9.2 [PJWU] does not guarantee that the [PJWU] App/Website or any part thereof will be always accessible and without any interruptions or failures. Failures in the [PJWU] App/Website can occur because of failures on the Internet or phone connection or as a result of viruses and/or faults/defects.
9.3 [PJWU] does not warrant in any way whatsoever that any terms and conditions applicable to third party software or services – including but not limited to the terms and conditions Provider Platforms, or payment providers – allow the use of and/or interaction with the Service.
9.4 Use of the [PJWU] App/Website is at the User’s own expense and risk. The User is responsible for meeting the technical and functional requirements and using the electronic communication facilities that are necessary to be able to access and use the [PJWU] App/Website service. The risk of loss, theft or damage to any data will at all times be borne by the User.
Article 10 Limitation of liability
10.1 [PJWU], INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AND AGENTS (THE “INVOLVED PERSONS”) SHALL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES, AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE [PJWU] APP/WEBSITE SERVICE OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OR AVAILABILITY OF THE [PJWU] APP/WEBSITE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY THE INVOLVED PERSONS’ STAFF OR ANYONE ACTING ON THEIR BEHALF, OR FROM YOUR RELIANCE ON CONTENT AVAILABLE ON OR THROUGH THE [PJWU] APP/WEBSITE SERVICE, OR FROM ANY COMMUNICATION, INTERACTIONS, DEALINGS OR ENGAGEMENTS MADE OR ATTEMPTED THROUGH THE [PJWU] APP/WEBSITE SERVICE – WHETHER OR NOT THE INVOLVED PERSONS WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN ANY EVENT, YOUR SOLE REMEDY SHALL BE TO UNINSTALL AND CEASE ANY USE OF THE [PJWU] APP/WEBSITE SERVICE. ANY AND ALL USE OF THE [PJWU] APP/WEBSITE SERVICE INCLUDING WITHOUT LIMITATION THE TRANSMISSION, DISTRIBUTION AND MAKING AVAILABLE THEREOF, BY OR ON BEHALF OF THE USER, PLATFORM PROVIDERS (SUCH AS THE APPLE APP STORE OR THE GOOGLE PLAY STORE) AND/OR END-USERS IS FOR THE USER’S OWN RISK AND RESPONSIBILITY. [PJWU] IS NOT LIABLE AND/OR RESPONSIBLE FOR THE CONTENT, THE [PJWU] APP/WEBSITE SERVICE, AND/OR ANY USE MADE OF THE SERVICE BY USERS, NOTWITHSTANDING ARTICLE 11.
Article 11 Indemnification
11.1 The User indemnifies and holds [PJWU] harmless against all claims by third parties in connection with or resulting from User’s use of the [PJWU] APP/WEBSITE service, a violation by the User of these T&Cs, and/or any unlawful activities. This includes, without limitation, any activities that constitute an infringement of Intellectual Property Rights or any other rights of third parties.
Article 12 Terms and Termination
12.1 [PJWU] may terminate these T&Cs, including your license to use the [PJWU] APP/WEBSITE service at any moment by giving you notice of such termination. Upon termination by [PJWU], you must discontinue all use of the [PJWU] APP/WEBSITE service and uninstall the App from all devices in your control.
12.2 You may terminate these Terms and Conditions at any time by uninstalling the [PJWU] APP/WEBSITE service from your devices.
Article 13 Contact Information
13.1 [PJWU] can be contacted using the contact us form on either the [PJWU] APP/WEBSITE
Article 14 Applicable Law and Competent Court
14.1 These T&Cs and the use of and access to the [PJWU] APP/WEBSITE service are governed by the laws of the United States of America unless a mandatory or peremptory rule of international law prescribes another applicable law. The applicability of the Vienna Convention on the Sale of Goods is expressly excluded.
14.2 All controversies, disputes or claims arising out of or relating to these T&Cs, and/or the use of or access to the [PJWU] APP/WEBSITE service will be exclusively and finally settled by the competent court in the United States of America, unless a mandatory or peremptory rule of international law prescribes another competent court.
Article 15 Third Party Links
15.1 The App may contain information that is derived from and/or may refer to websites, products, or services (for instance through hyperlinks, banners or buttons) of advertisers, third parties or other Users. [PJWU] is not responsible, nor liable for the content of such information. [PJWU] urges you to review any terms governing such websites before using or purchasing products or services offered thereby.
Article 16 Modification to the [PJWU] APP/WEBSITE service
16.1 [PJWU] is entitled to change and/or update the [PJWU] APP/WEBSITE service and replace the design and layout of any of the functionalities of the [PJWU] APP/WEBSITE service without any prior notification and without being obliged to pay any compensation whatsoever to the Users.
16.2 [PJWU] is entitled to put the [PJWU] APP/WEBSITE service out of service and/or to reduce the use of it without any prior notification and without being obliged to pay any compensation whatsoever to the User, if in the opinion of [PJWU] such action is necessary, for example, in connection with required maintenance of the [PJWU] APP/WEBSITE service or due to force majeure (such as site or building blockades, strikes, riots, civil disruption, war, terrorist acts, inclement weather, epidemic, specific work interruptions, delay in transportation, earthquake, fire, storm, flood, or water damage, delay in or cancellation of the delivery parts, goods or services ordered from third parties, or governmental, legal or regulatory restrictions).
Article 17 Headings
17.1 The headings herein are for convenience only and are not part of this Agreement.
Article 18 Entire Agreement
18.1 This Agreement (including, for clarity, the documents incorporated by reference), supersedes all prior discussions, negotiations, and agreements between the parties with respect to the [PJWU] APP/WEBSITE service, and this Agreement constitutes the sole and entire agreement between the parties with respect to the [PJWU] APP/WEBSITE service.
Article 19 Severability
19.1 If any provision or portion of any provision of this Agreement is determined to be illegal, invalid, or unenforceable by a court of competent jurisdiction, the remaining provisions, or portions (unless otherwise specified) shall remain in full force and effect.
Article 20 Waiver
20.1 [PJWU] failure to exercise any right or remedy under this Agreement shall not operate as a waiver of such right or remedy. [PJWU] express waiver or assent to your breach of or default in any term or condition of this Agreement shall not constitute a waiver of or an assent to any future breach of or default in the same or any other term or condition.
Article 21 Assignment
21.1 You may not assign or transfer this Agreement or any of its rights or obligations hereunder, without prior written consent by [PJWU]. Any attempted assignment in violation of this provision shall be null and void and of no force or effect whatsoever. [PJWU] may assign its rights and obligations under this Agreement and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without your consent.