Support

Terms of use

Our Terms of Use discloses what you can expect from us as your service provider and what we should expect from you as a client. This agreement simply acts as a contract between us. While Terms of Use can be full of legal jargon, we have “translated” summaries into plain English…just look for the info boxes.

I. Acceptance of Terms, Registration, and Billing

If you want to use Congregate, you must agree to our terms, our Privacy Policy, and our Billing Policies. When you register for an account, make sure your registration information is true and accurate. Make sure you understand how and when you need to pay for your services.

The following terms and conditions, together with any referenced documents (collectively, “Terms of Use”) form a legal agreement between you and agents, contractors and any other entity on whose behalf you accept these terms (collectively, “you” and “your”), and DP Media Group, LLC – the provider of Congregate – (“Congregate,” “we,” “us” and “our”). The Terms of Use apply to the services available on any Congregate Intellectual Property (as defined below) therein (the “Congregate Platform”). By accessing or using the Congregate Platform, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you represent that you have read and understood, and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not use the Congregate Platform. Personally identifiable information collected about you by the Congregate Platform is treated in accordance with the Privacy Policy, which is hereby incorporated into these Terms of Use by reference.

Registration

To access the Congregate Platform and become a client, you will be asked to provide certain registration details or other information. It is a condition of your use of the Congregate Platform, and you hereby represent and warrant, that all information you provide is correct, current and complete upon registration. You agree that you are solely responsible to us for all activities identified with your access and registration. Congregate has the absolute right to disable any user name or password, at any time, for any reason, including, if in our sole discretion we believe that you have failed to comply with any provision of these Terms of Use.

Billing and Payments

All billing-related policies are located on our Billing Policies web page. By accessing or using the Congregate Platform, you represent you have read and understood, and agree to be bound by our Billing Policies.

II. Website Access, Content, Ownership, Storage and Security

We try to ensure your website is up 24/7, 365 days a year, but sometimes we run into issues beyond our control. We will make every effort to get your site back as soon as possible. Make sure you have the right to upload any and everything to your website. If an item is copyrighted – or if you’re unsure if it is or not – do not upload it. Your website content belongs to you and you alone; Congregate does not own or have the rights to anything you upload to your site. Make sure your users protect their passwords and always have your data backed-up locally.

Access

We shall use commercially reasonable efforts to attempt to provide the Congregate Platform and related services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time the Congregate Platform may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of the Congregate Platform or services on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.

Content

You shall not upload, post or otherwise make available on the Congregate Platform any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the website, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.

Ownership

We claim no intellectual property rights over the material you supply or upload to the Congregate Platform. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Congregate Platform. Content you submit to the Congregate Platform remains yours to the extent that you have any legal claims therein. You agree to hold Congregate harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.

Storage and Security

At all times, you shall bear full risk of loss and damage to your website and all of your website content. You are entirely responsible for maintaining the confidentiality of your password and account information. You acknowledge and agree that you are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the Congregate Platform or any of your website content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to your website content; (ii) maintain independent archival and backup copies of your website content; (iii) ensure the security, confidentiality and integrity of your website content transmitted through or stored on Congregate servers; and (iv) ensure the confidentiality of your password.

III. Prohibited Uses and Spam

Do not use Congregate for anything illegal or for anything other than what our product and service is intended for. Do not use Congregate to send spam. Only send messages to members/those you have permission from.


You agree not to access or use (and shall not permit others to access or use) the Congregate Platform or Congregate Intellectual Property in any manner:

  • To process, use, transmit or introduce any confidential or sensitive information of any kind, including personally identifiable information, sensitive personal data, health information of any kind, or factual data regarding your members without their express consent.
  • To disassemble, reverse engineer, decompile or modify the Congregate Platform or otherwise create derivative works of it.
  • To use to create, use, send, store or run viruses or other harmful computer code, files, scripts, agents or other programs or engage in any other malicious act.
  • To disrupt security, integrity or operation.
  • To use to reproduce, distribute, display, transmit or use material protected by copyright or other intellectual property right.
  • That violates any applicable federal, state, local or international law or regulation, or advocates, promotes or assists in any unlawful act, constitutes an illegal threat or violates export control laws.
  • That temporarily or permanently alters, erases, removes, copies, modifies, halts or disables any Congregate or third-party data, software, or network.
  • To transmit or introduce offensive materials, including those involving profanity, violence, sexual conduct, and pornography.
  • That may have a detrimental effect on the Congregate Platform’s function, user interaction or security, including but not limited to: (1) gaining unauthorized access to, or attempting to compromise the security of, any network, system, computing facility, equipment, data or information; (2) attempting to intercept, redirect or otherwise interfere with communications intended for others; (3) disabling, damaging overburdening or impairing Congregate or any server, computer or database connected to or accessed by the Congregate Platform; (4) modifying, blocking or otherwise interfering with the display of the Congregate Platform; (5) interfering with another user’s ability to access, use and evaluate the Congregate Platform; (6) accessing another user’s registration information or user account without that user’s express written permission; (7) transmitting or introducing any malicious or technologically harmful element to the Congregate Platform such as a spyware program, virus, Trojan horse, worm or logic bomb; (8) performing scalability testing, load testing, probing, scanning, penetration or vulnerability testing of the Congregate Platform; and (9) engaging in any activities that results in any server being the target of a denial of service attack.

Spam

We do not tolerate the transmission of spam. Customers suspected to be using our products and services for the purpose of sending spam are fully investigated. If we determine there is a problem with spam, we will take the appropriate action to resolve the situation.

We define spam as the sending of Unsolicited Commercial Email (UCE) or Unsolicited Bulk Email (UBE) which is email sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following:

  • Email Messages
  • Text/SMS Messages
  • Voice Mail Messages

We will not allow our servers and services to be used for the purposes described above. In order to use our products and services, you must not only abide by all applicable laws and regulations but you must also abide by this no spam policy. If we determine the services in question are being used in association with spam, we will suspend or cancel website hosting, email boxes, text/voice services, or other applicable services until a resolution has been reached.

IV. Intellectual Property

All Congregate products and services belong to Congregate. You cannot reuse, copy, or repurpose any of our property for your own purposes. Do not use the Congregate logo or icon without our permission.

As between you and Congregate, all rights, title and interest in and to all the intellectual property rights in the Congregate Intellectual Property are owned exclusively by Congregate and its licensors, notwithstanding any other provision in these Terms of Use or any other agreement. The Congregate Intellectual Property is protected by United States and international laws regarding copyrights, trademarks, trade secrets and other intellectual property or proprietary rights. As used herein, “Congregate Intellectual Property” means the information, text, displays, images, video, audio, and user interfaces included in or generated by the Congregate Platform, and the design, selection and arrangement thereof, as well as the technology that is used by Congregate to deliver the Congregate Platform, including: (a) software code (whether in source or object form) including platforms and applications, hardware, algorithms, templates, graphical user interfaces, architectures, class libraries, application programming interfaces, objects, methodologies, and documentation in existence as of the Effective Date or otherwise acquired or developed by Congregate apart from the services rendered under these Terms of Use; and (b) any derivative works, improvements, enhancements or extensions of the foregoing made by either you or Congregate. Except as expressly provided in this Agreement, Congregate does not grant you (and expressly reserves) any rights, express or implied, or ownership in the Congregate Intellectual Property. No right, title or interest in or to the Congregate Platform is transferred to you. Congregate reserves all rights not expressly granted to you herein. Any use of the Congregate Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright and other laws. You are permitted to use the Congregate Platform only for legitimate business and church-related purposes related to your role as a client of Congregate. You shall not copy, modify, create derivative works of, publicly display or perform, republish, download or store, or transmit any Congregate Intellectual Property without Congregate’s express prior written consent or except as expressly provided in these Terms of Use.

Congregate Trademarks

“Congregate” and the “circle of connected members” family of marks, and all related, logos, product and service names, designs and slogans are trademarks or service marks of Congregate or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.

V. Enforcement

If we are forced to take certain legal actions, some involving your account and/or content, we must cooperate with law enforcement. We are also not responsible for inappropriate content uploaded to or through your account.

Without limiting the foregoing, Congregate has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone including any materials on or through the Congregate Platform. YOU WAIVE AND HOLD CONGREGATE HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY CONGREGATE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER CONGREGATE OR LAW ENFORCEMENT AUTHORITIES.

Congregate can neither review all material before it is included on the Congregate Platform nor ensure prompt removal of objectionable material after it has been posted and assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third parties. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.

VI. Legal Considerations

Congregate is offered to you “as-is” with no warranty or guarantee of any kind. You use Congregate’s products and services at your own risk and we are not responsible for any possible damage caused by our products or services. You agree to not hold us liable for any such damages.

Disclaimer of Warranties

Congregate cannot and does not promise or warrant that any aspect of the Congregate Platform is free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti‑virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL‑OF‑SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE CONGREGATE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE CONGREGATE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE CONGREGATE PLATFORM, INCLUDING ANY WEBSITE CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE CONGREGATE PLATFORM, IS AT YOUR OWN RISK AND PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CONGREGATE NOR ANY PERSON ASSOCIATED WITH CONGREGATE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE CONGREGATE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER CONGREGATE NOR ANYONE ASSOCIATED WITH CONGREGATE REPRESENTS OR WARRANTS THAT THE CONGREGATE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR‑FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE CONGREGATE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE CONGREGATE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

CONGREGATE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE CONGREGATE PLATFORM AND THE WEBSITE CONTENT, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON‑INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

EXCEPT TO THE EXTENT THAT A DISCLAIMER OF LIABILITY IS PROHIBITED UNDER APPLICABLE LAW, IN NO EVENT WILL CONGREGATE, ITS AFFILIATES AND ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE CONGREGATE PLATFORM, INCLUDING ANY WEBSITE CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

Indemnification

You agree to defend, indemnify and hold Congregate, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees and other costs of defense) resulting from your violation of these Terms of Use or your use of the Congregate Platform, including, without limitation, any use of the Congregate content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Congregate Platform.

Last updated: 2019-12-16