City Gates provides its 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: http://www.citygates.org/docs/tos.
City Gates currently provides users with access to a full featured website content management system (the "Service"). You also understand and agree that the service may include certain communications from City Gates, such as service announcements and administrative messages, and that these communications are considered part of your City Gates subscription and you will not be able to opt out of receiving them. This applies only to the primary accountholder's information. If you should sign up additional users of your website, City Gates will never send marketing communications to those additional users.
City Gates is currently a content management system for churches and Christian ministries. Your use of the service implies that you represent a church or Christian ministry that can subscribe to the Nicene or Apostles' Creeds.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at: http://www.citygates.org/docs/privacy.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete, (c) provide true, accurate, current, complete and valid information about your method of payment (such information being the “Billing Data”), (d) maintain and promptly update the Billing Data to keep it true, accurate, current, complete and valid. If you provide any information that is untrue, inaccurate, not current or incomplete, or if City Gates has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, City Gates 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).
You are responsible for maintaining the confidentiality of your password(s) and account(s), and are fully responsible for all activities that occur under account(s). In order to best protect you account, City Gates recommends that you exit from your account at the end of each session. If your account does become compromised, please notify City Gates of any unauthorized use of your password or account or any other breach of security. City Gates cannot and will not be liable for any loss or damage arising from your failure to keep your account secure.
Content refers to anything uploaded, submitted, or made available for inclusion on the Service.
All Content uploaded, submitted, or made available is merely hosted on City Gates’s servers. City Gates does not claim ownership of any Content. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not City Gates, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. City Gates does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that you feel is offensive, indecent or objectionable. Under no circumstances will City Gates be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
City Gates and any of its parent companies, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, are held harmless from any claim or demand made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
City Gates makes every reasonable effort to protect your Content from hardware malfunction, malicious attack or any other cause of loss. However, City Gates cannot and will not be held responsible for any lost or damaged Content.
If at any time you decide to stop using the Service, City Gates will continue to host your Content for thirty (30) days, giving you time to download or save. City Gates will also offer to download your content on your behalf, and provide that Content to you by mail on DVDs for a fixed cost. After thirty (30) days, the Content will be deleted.
By uploading, submitting, or making available any publicly-available Content to the Service, you grant City Gates permission to display such Content for marketing purposes. Marketing Purposes shall be defined as any efforts to sell, promote, advertise, train, or otherwise market the user of the Service. City Gates will not give any potential or current customers access to your Content.
All City Gates websites will have a small and unobtrusive link to our website. This link will coordinate with your website's overall design, and is used by City Gates to promote its Service.
You agree to not use the Service to:
You agree to not use the Service to upload, post, email, transmit or otherwise make available any Content that:
You acknowledge that City Gates does not pre-screen Content, but that City Gates and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, City Gates and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by City Gates or submitted to City Gates using the Service. You acknowledge and agree that City Gates may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of City Gates, its owners, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
City Gates reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that City Gates shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
City Gates is constantly working to make the Service better. As a result the Service will change (hopefully for the better).
The Service requires occasional upgrades that require the Service to be unavailable momentarily. City Gates will make every effort to keep these as short (usually no more than 2 minutes per upgrade), infrequent (about once per week), and unobtrusive (we'll try to do it in the middle of the night) as possible.
While City Gates has no intention of terminating anyones access to the Service. You agree that City Gates may, under certain circumstances and without prior notice, immediately terminate your City Gates account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical issues or problems, and (f) extended periods of inactivity. Termination of your City Gates account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in City Gates’s sole discretion and that City Gates shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service. In the case of termination by City Gates, City Gates will refund any fees paid for services not yet delivered.
If you terminate your service, or request City Gates to terminate your account, no fees will be refundable.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CITY GATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CITY GATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of section 8 may not apply to you.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
The TOS constitutes the entire agreement between you and City Gates and governs your use of the Service, superseding any prior agreements between you and City Gates. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and City Gates shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and City Gates agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Diego, California. The failure of City Gates to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
The City Gates risk free trial period is 30 days. The customer may cancel a subscription prior to 30 days following the initiation of service. There is no minimum term of service.
Additional services can be added at any time. Payment policy above applies to all additional services.
All accounts will be automatically billed on their renewal date unless cancellation notice is received from subscriber. Credit cards are charged on the first day of the new billing cycle.
In the event a credit card charge is denied, a notice will be sent to the billing contact via email. If the credit card continues to fail and alternate payment is not obtained, the account will be suspended.
If an account was cancelled due to client request and the client desires to reactivate the account, a non-refundable reactivation fee of twenty-five dollars will be required prior to account reactivation. Accounts are reactivated after all outstanding charges are paid, including outstanding hosting charges and NSF check processing fees if applicable. If an account was cancelled due to policy violation the account will not be reactivated.
Customers may cancel service at any time. Account cancellations may be sent by fax to 619.640.2020 or email to support@citygates.org or by using the interface in the dashboard. Cancellation request must contain:
If the client requests cancellation, their account will be terminated at a customer specified date or immediately (default).
Upon cancellation, data located on City Gates's servers may no longer be available. It is the end-user's responsibility to retrieve this data prior to the request for cancellation of the service. City Gates cannot guarantee retrieval of data after an account is cancelled.
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