Terms of Service

OVERVIEW

Welcome to PrayerSong! The terms "we", "us" and "our" refer to PrayerSong. PrayerSong operates this website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated experience (the "Services").

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our website or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our website is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

While we aim to create something deeply moving and meaningful, the final result may differ from what you initially imagined. As with any services, interpretations and emotional responses can vary. We do not warrant that the appearance, quality, or emotional impact of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our website. All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. PrayerSong reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until PrayerSong confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as PrayerSong may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail provided at the time the order was made.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our website. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - DELIVERY

We provide access to purchased services by making an access link available through the Services and may also send a courtesy notification to the email address you provide. It is your responsibility to ensure that the email address you provide is accurate and capable of receiving our messages. Delivery is complete when the access link is made available, whether or not you open the email, click the link, or play the services, and whether or not any email notification is received (including if the email address provided is incorrect or inaccessible, or messages are filtered or bounce). Upon delivery, responsibility for access, and the risk of loss or failure to access the product passes to you. This includes circumstances where you do not open the email, misplace it, or where delivery fails due to an incorrect or inaccessible email address provided by you. Please check your spam or junk folders if you do not see your delivery. Access links may be time-limited, changed, or disabled without notice. We do not promise ongoing hosting, archiving, backup, re-delivery, or continued availability. Delivery times are estimates only and are not guaranteed, and we are not responsible for delays or access issues caused by events outside our control or by your devices, software, internet service, or email settings.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by PrayerSong, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of PrayerSong, or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by PrayerSong. PrayerSong's names, logos, product and service names, designs, and slogans are trademarks of PrayerSong or its affiliates or licensors. You must not use such trademarks without the prior written permission of PrayerSong. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners. Subject to applicable law and our Privacy Policy, you grant PrayerSong a perpetual, worldwide, non-exclusive, royalty-free, irrevocable (to the extent permitted by law), transferable, and sublicensable license to use, reproduce, modify, edit for length or clarity, publish, distribute, publicly perform and display, translate, and create derivative works from—including for marketing and promotional purposes—(a) materials you provide to us, whether through the Services or otherwise; (b) any outputs delivered to you; and (c) your communications with us, in any media now known or later developed, without further notice or compensation. You represent and warrant that you have all necessary rights and consents for any names, voices, likenesses, or personal data of others you provide, including minors, and that you are the parent or legal guardian of any minor whose information you provide or have verifiable parental consent; to the extent permitted by law, you waive any moral rights in such material. Making any link or other access to content available does not transfer ownership or grant any license beyond what is expressly stated in these Terms, and no other rights are granted. We may, in our sole discretion, make sharing features or permissions available within the Services from time to time, and we reserve the right to determine whether and to what extent you may download, record, copy, redistribute, publicly perform or display, upload, synchronize with other media, or otherwise use any content; any permission we grant must be expressly provided by us and may be limited, conditioned, or revoked at any time in our sole discretion. We do not promise ongoing hosting, archiving, backup, re-delivery, or continued availability of any feature, file, or link, and are not responsible for outages, failures of third-party providers, or your inability to access or retrieve content.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 9 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies. We may use third-party service providers to operate and improve the Services, as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy for more details on how we and our partners use your personal information.

SECTION 10 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.

We may, but are under no obligation to, monitor, pre-screen, edit, publish, or remove any Feedback. We reserve the right, in our sole discretion, to decline to publish or to remove Feedback at any time for any reason, including if we determine it is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, misleading, infringing, spam, otherwise objectionable, or violates any party's intellectual property or these Terms, or if we determine it is off-topic, low-quality, or not aligned with our tone, brand, or mission. We may exercise these rights without notice.

Feedback reflects the opinions of the individuals who provide it and not necessarily those of PrayerSong. Publication of Feedback does not constitute our endorsement, and we do not independently verify its accuracy.

You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product delivery charges, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 12 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm PrayerSong or users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 13 - TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 14 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents. Features, files, and links may be unavailable, modified, or removed from time to time due to maintenance, updates, outages, third-party failures, or events beyond our control; we make no promise of continued availability of any particular feature, file, or link.

EXCEPT AS EXPRESSLY STATED BY PrayerSong, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. THE SERVICES AND ANY CONTENT ARE FOR GENERAL INFORMATION ONLY AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE.

SECTION 15 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL PrayerSong, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. WITHOUT LIMITING THE FOREGOING, PRAYERSONG IS NOT LIABLE FOR SERVICE INTERRUPTIONS, OUTAGES, DELAYS, DATA LOSS, CORRUPTED FILES, FAILED DELIVERIES, OR INABILITY TO ACCESS OR RETRIEVE LINKS OR CONTENT, INCLUDING WHERE CAUSED BY THIRD-PARTY PROVIDERS OR EVENTS BEYOND OUR REASONABLE CONTROL. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO ANY GIVEN PURCHASE EXCEED THE AMOUNT ACTUALLY RECEIVED BY PRAYERSONG FROM YOU FOR THAT PURCHASE (NET OF ANY REFUNDS, CHARGEBACKS, CREDITS, PAYMENT PROCESSOR FEES, AND THIRD-PARTY PRODUCTION OR FULFILLMENT COSTS). WE MAY, AT OUR OPTION, SATISFY ANY SUCH LIABILITY BY RE-DELIVERING THE DIGITAL PRODUCT OR ISSUING A REFUND; THESE ARE YOUR SOLE AND EXCLUSIVE REMEDIES, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS LIMITATION DOES NOT APPLY WHERE PROHIBITED BY LAW.

SECTION 16 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless PrayerSong, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 17 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 18 - WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 19 - ASSIGNMENT

You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 20 - GOVERNING LAW

These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the jurisdiction where PrayerSong is headquartered, without regard to conflict-of-laws rules. For matters not subject to arbitration, the state and federal courts located in that jurisdiction have exclusive jurisdiction and venue, and you and PrayerSong consent to personal jurisdiction in those courts. To the maximum extent permitted by law, any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding, individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules and governed by the Federal Arbitration Act; the arbitrator has exclusive authority to resolve disputes regarding arbitrability. CLASS, COLLECTIVE, OR REPRESENTATIVE ACTIONS ARE NOT PERMITTED, AND YOU AND PRAYERSONG WAIVE ANY RIGHT TO A JURY TRIAL. Either party may bring an individual claim in small claims court, and either party may seek temporary or permanent injunctive relief in court to protect intellectual property or prevent unauthorized access or use of the Services. Arbitration may be conducted by video/teleconference or, at your request, in your county of residence. In the event of mass filings, the AAA's mass-arbitration/bellwether procedures will apply and remaining claims may be stayed. This section survives termination.

SECTION 21 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 22 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 23 - CONTACT INFORMATION

Our contact information is: support@prayersong.com