The following terms and conditions and any addendum (these “Terms”) govern all use of Carry Bible PTY LTD (“Carry Bible,” “our,” “we,” or “us”) products, services and associated features, including without limitation those found on www.carrybible.com or accessed via Carry Bible mobile applications (taken together, the “Services”). The Services are offered by Carry Bible and its affiliates subject to your acceptance without modification of all of the terms and conditions contained herein and all other addenda, operating rules, policies and procedures that may be published from time to time through the Services by Carry Bible. By installing, accessing, or using our Services, you confirm that you have fully read, understood and agreed to all of the terms and conditions contained herein; if you do not agree, do not use or access the Services.
IF YOU ARE A CARRY BIBLE USER LOCATED IN THE UNITED STATES OR CANADA, OUR TERMS CONTAIN A BINDING ARBITRATION PROVISION, WHICH STATES THAT, EXCEPT IF YOU OPT OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES, CARRY BIBLE AND YOU AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS.
Any dispute, controversy or claim arising out of or relating to these Terms, including the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The tribunal will consist of a sole arbitrator, who must have at least 5 years of experience as an arbitrator of commercial disputes. The seat of the arbitration will be San Francisco, California. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. In any arbitration arising out of or related to these Terms, the arbitrator shall award to the prevailing party, if any, the reasonable costs for legal representation incurred by the prevailing party in connection with the arbitration. If the arbitrator determines a party to be the prevailing party under the circumstances where the prevailing party won on some but not all of its claims and counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the reasonable costs for legal representation incurred by the prevailing party in connection with the arbitration.
This arbitration provision shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction in San Francisco County, California, or if such proceeding cannot be lawfully held in such location, as near thereto as applicable law permits.
Age. You be at least 13 years of age to use the Services. In addition, you must have either reached the age of “majority” where you live or your parent or guardian agrees to be bound by these Terms on your behalf to use our Services. If you do not know whether you have reached the age of majority where you live, or do not understand this section, please ask your parent or legal guardian for help. If you are the parent or legal guardian of a minor, you and the minor accept and agree to be bound by these Terms and are responsible for all use of the Services, including purchases, whether the minor’s account is now open or created later.
Address Book. You provide us the phone numbers of Carry Bible users and your other contacts in your mobile phone address book on a regular basis. You confirm you are authorized to provide us such numbers to allow us to provide our Services.
Devices and Software. You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. For as long as you use our Services, you consent to downloading and installing updates to our Services, including automatically.
Fees and Taxes. You are responsible for all carrier data plan and other fees and taxes associated with your use of our Services. We may charge you for our Services, including applicable taxes. We may refuse or cancel orders. We do not provide refunds for our Services, except as required by law.
Our Terms and Policies. You must use our Services according to our Terms and posted policies. If we disable your account for a violation of our Terms, you will not create another account without our permission.
Legal and Acceptable Use. You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of Carry Bible, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like; or (f) involve any non-personal use of our Services unless otherwise authorized by us.
Harm to Carry Bible or Our Users. You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the integrity or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect the information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services; or (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time.
For Ministries: If you are a church or other community or ministry leader (each, a “Ministry”), you represent and warrant that your use of the Services, and the collection and use of any information collected in connection with the Services, will comply with all applicable laws and regulations (including with respect to privacy, cyber security and data protection). You further agree that you are responsible for all of your activity in connection with the Services.
You are responsible for keeping your device and your Carry Bible account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.
Our Services evolve constantly. As such, the Services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any content on the Services, suspend or terminate users, remove spaces, remove discussions and remove group chats, and reclaim usernames without liability to you.
In consideration for Carry Bible granting you access to and use of the Services, you agree not to misuse our Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide. You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Carry Bible’s computer systems, or the technical delivery systems of Carry Bible’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Carry Bible (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Carry Bible (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Carry Bible, its users and the public.
Your Rights and Responsibilities. Carry Bible does not claim ownership of the information that you submit for your Carry Bible account or through our Services. You must have the necessary rights to such information that you submit for your Carry Bible account or through our Services and the right to grant the rights and licenses in our Terms.
Feedback. Carry Bible shall exclusively own any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or any third party relating to the Services (the “Feedback”). You hereby assign, and agree to assign, any and all right, title, and interest, including all related intellectual property rights, in and to the Feedback and any modifications to, and derivative works of, the Services.
Subject to the terms and conditions in these Terms, we hereby grant to you a royalty-free, revocable, non-assignable, non-sublicensable, non-transferrable, and non-exclusive limited license to use the Services in accordance with these Terms. Other than as expressly granted herein, no right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Carry Bible. We reserve the right to terminate this limited license at any time and for any reason, with or without notice to you.
Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services, such as events in nature and other force majeure events.
Termination. We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for us, our users, or others. The following provisions will survive any termination of your relationship with Carry Bible: “Arbitration,” “Your License to Us and Your Feedback,” “Availability of Our Services,” “Disclaimers,” “Limitation of Liability,” “Indemnification” and “Miscellaneous.”
Price Information. All prices, fees, and promotions posted on the Services are subject to change without notice. Posted prices do not include applicable taxes, which may be added to your order at the time of purchase. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. We also reserve the right to update or change the Services from time to time.
Terms of Payment. Terms of payment and eligibility to purchase Services are within our sole discretion, and we reserve the right to restrict or cancel purchases at our sole discretion. We accept most major credit cards for all purchases. We may use third-party payment processing companies (each, a “Payment Processor”) to collect payments for the Services. You represent and warrant that (i) the credit card information you supply to us or the applicable Payment Processor 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 the total purchase price and all applicable taxes, if any, at the time your order is accepted. If you purchase any of our Services, you agree to pay us all fees and taxes applicable to the Services you purchase.
Subscriptions. If you purchase a subscription, you agree to recurring billing and your payment method will be charged automatically at the start of each subscription period for the fees and taxes applicable to that period. Prices are subject to change at any time in our sole discretion, and if you do not agree to any such changes, you should terminate your account before the next subscription period. To avoid future charges, you must terminate your account before the renewal date. If we are unable to effect automatic payment, we will attempt to notify you, and your account may be terminated or disabled until payment is received.
We reserve the right to modify, revise, suspend or discontinue any of the Services in whole or in part, either temporarily or permanently and with or without notice, and you acknowledge that we are not obligated to support or update the Services in any manner.
YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE ARE PROVIDING OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE CARRY BIBLE, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “CARRY BIBLE PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE §1542, OR ANY OTHER SIMILAR APPLICABLE STATUTE OR LAW OF ANY OTHER JURISDICTION, WHICH SAYS THAT: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CARRY BIBLE PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF YOU OR ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE CARRY BIBLE PARTIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID CARRY BIBLE, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE CARRY BIBLE PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the Carry Bible Parties from and against all Claims, liabilities, damages, losses, judgments, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach or alleged breach of our Terms; (c) your violation of any applicable law; (d) any misrepresentation made by you; and/or (e) any dispute between you and any third party. You will cooperate as fully as required by us in the defense or settlement of any Claim.
We have adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent (as defined below) the following information (to be effective, the notification must be in writing and provided to our Copyright Agent):
Our “Copyright Agent” for notice of claims of copyright or other intellectual property infringement can be reached via email at firstname.lastname@example.org, by phone at (559) 668-0989 or via regular mail at the following address: Carry Bible PTY LTD, Attention: Copyright Agent, 3 Hunter St., Invermay, Launceston, Tasmania, 7248, Australia.
No Waiver. The failure of either you or Carry Bible to exercise in any respect any of their rights provided herein shall not be deemed a waiver of those rights or any other rights hereunder.
Severability. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
Assignment. Carry Bible may transfer, assign or delegate these Terms and its rights and obligations hereunder without consent.
No Third-Party Beneficiaries. These Terms are made for the benefit of Carry Bible and you, and not for the benefit of any third parties. No other person or entity will be a third-party beneficiary to these Terms.
Relationship of the Parties. You expressly agree that you and Carry Bible are independent contractors and do not intend for these Terms to be interpreted as a joint venture, agency, employment, or partnership relationship.
Governing Law. These Terms shall be governed by and construed in accordance with the laws of the state of Delaware without regard to any conflict of laws provision.
If you have any questions about this Policy or our practices, please contact us at email@example.com.
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. When we revise or update these Terms, we will update the “last updated” date set forth below.
Last updated July 4, 2022.