TERMS OF USE
Welcome to 40 Days for Life (“40DFL”)!
Our Mission is to end abortion through loving, peaceful, lawful PRAYER, FASTING & COMMUNITY OUTREACH.
By using our website and resources (“Services”) you and all users consent and agree to the following Terms and to follow and promote our Mission.
This is a Contract
The Terms of Use (“Terms”) are a legally binding contract between you and 40DFL.
The Terms set out your rights and responsibilities when you use 40daysforlife.com, 40daysforlifegear.com, and any of our on-line resources (“Services”).
By using any of our Services including just browsing you are agreeing to the Terms.
ALL USERS AGREE THAT THEY WILL ONLY USE OUR SERVICES FOR LAWFUL, NON-POLITICAL, PROLIFE PURPOSES AND THAT THEY WILL NOT IN ANY WAY USE OUR SERVICES FRAUDULENTLY, IN VIOLATION OF THE TERMS OR IN ANY WAY TO INTERFERE WITH THE MISSION OF 40DFL OR AGAINST THE PROTECTION OF LIFE FROM CONCEPTION TO NATURAL DEATH.
If you do not agree with the Terms, you may not use our Services.
Privacy
40DFL makes every reasonable effort to safeguard your privacy and information.
Our Privacy Policy sets out how the information that we collect is processed, stored and used when you use our Services. By using our Services, you agree to our Privacy Policy.
Both 40DFL and third-parties process personal information (e.g., names, email addresses, shipping address, phone numbers, etc.) and are separate and independent data controllers of personal information under European Union (“EU”) law.
Each party is responsible for the personal information it processes in providing the Services. For example, if a third-party accidentally discloses personal information when providing a service, the third-party, not 40DFL, will be responsible; unless 40DFL and a user (you) are found to be joint data controllers. If 40DFL is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify 40DFL for the expenses it occurs in connection with your processing of buyer personal information.
Your Account
Each user must create an account with 40DFL to use most Services. If you choose to create an account you agree to follow the Terms and the account rules.
Age of Users
All users must be at least eighteen (18) years old to use our Services.
Children under eighteen (18) and at least thirteen (13) years old are only permitted to use our Services through an account owned by an adult parent or legal guardian with appropriate permission and under their direct supervision of an adult.
Children under thirteen (13) years are not permitted to use 40DFL or the Services.
Adults who authorize and/or supervise a child’s account use are responsible for any and all account activity conducted by a minor on the adult’s account.
Complete & Accurate Information
You must provide complete and accurate information about yourself.
It is a breach of these Terms to use false information, stolen information and/or to impersonate another person or entity through your account or to otherwise to obtain or use our Services.
Be Respectful
You may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, blasphemous and/or otherwise violates the Terms.
Responsibility
You are solely responsible for any activity on your account. If you share an account, then all users may be responsible for all account use and for financial matters, the person whose financial information is on the account will ultimately be responsible for all activity.
If you set up an account as a business entity, you personally guarantee that you have all right, title and authority to do so, and to agree to the Terms on behalf of the entity.
No Transfer
Accounts are not transferable.
Security
You are solely responsible to keep your account password secure and protect their passwords.
No Partnership
Neither these Terms nor anything else creates any agency, partnership, joint venture, employment, or franchisee relationship between any user and 40DFL.
Responsibility for User Content
You are solely responsible for any and all content that you post through “User Content” to our Services.
By using our Services and posting any content or conducting any activity, you represent that you have all necessary rights to User Content, including third-party intellectual property rights and that you are not infringing or violating any third-party’s rights by posting it. If you post third-party content, you agree to indemnify and hold 40DFL harmless for any and all claims of or actual infringement.
Permission to Use User Content
By posting User Content through our Services, you grant 40DFL a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works.
40DFL may promote 40DFL through the use of User Content as it sees fit, without your permission, in any formats and through any channels, including across any 40DFL Services, our partners, or third-party website or any advertising medium.
You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.
User Content Examples
These are for clarity only:
- If you post text, a photo, video or voice recording, or any other thing, you assert that you have all rights to do so and give 40DFL permission to use it in any way that we see fit. 40DFL can edit and modify it as well.
Of course, 40DFL will only use User Content to further our Mission.
Infringement & Takedowns
If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please email takedown@40daysforlife.com with the following information:
- Your full name, address, telephone number, and email address
- A description of the content that you own or have rights to and would like taken down
- The URL(s) where that content can be found on our our Services
- A statement by you that the information you’ve supplied is true, accurate, and complete
If someone else alleges that your User Content is infringing on their intellectual property rights, we will take appropriate action.
No Inappropriate, False, or Misleading Content
You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, blasphemous, promotes abortion or otherwise offensive or in violation of Terms and/or Mission.
You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent, unlawful or deceptive; and/or that encourages others to do so or to violate these Terms.
Use of Our Services
40DFL grants bona fide users a limited, non-exclusive, non-transferable revocable license to use our Services subject to the Terms, including the following:
- All use must be lawful under local, state, federal, provincial and international laws that may apply.
- You must obtain any permits or licenses that are required by your lawful governing authorities.
- Users may not engage in fraud, false claims, false infringement notices, theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against 40DFL, another 40DFL user, or a third party.
Payment
You are responsible for paying all fees that you owe to 40DFL as a result of your use of our Services.
No Theft of Our Services
You agree not to, conspire to, or encourage others to: steal, crawl, scrape, spider, destroy, sabotage, harm, reverse engineer, or obtain source code for any of our Services.
No Harm to 40DFL
You agree neither to nor attempt to nor encourage or participate with others to: Interfere with, disrupt, sabotage or corrupt any of our Services, and/or the operation and Mission of 40DFL.
Trademarks
The name and logo for 40DFL and the other 40DFL marks, phrases, logos, and designs that we use in connection with our Services (“40DFL Marks”), are registered, protected trademarks, service marks, or trade dress of 40DFL in the U.S. and other countries. You may only use the 40DFL Marks lawfully and with appropriate permission.
Termination
You may terminate your account with 40DFL at any time from your account settings.
Termination of your account may not affect the availability of some User Content that you posted through the Services prior to termination.
You must pay all pending amounts owed to 40DFL upon termination.
40DFL may terminate or suspend your account and related accounts and your access to the Services at our sole discretion. These Terms and this contract do not give you a legal right to continue to use our Services.
Generally, 40DFL will notify you that your account has been terminated or suspended, but we are not required to do so.
If your account is terminated for any reason, your User Content may be lost.
40DFL may Discontinue the Services. 40DFL reserves the right to change, suspend, or discontinue any of the Services for you, any or all users, at any time, for any reason.
40DFL is not liable for any losses or damages as a result of the loss of use of our Services.
Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
Accessed Content
You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. 40DFL is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release 40DFL from all liability relating to content that you access.
Third-Party Content
When you access these third-party services, you do so at your own risk. The third-parties may require you to accept their own terms of use. 40DFL is not a party to those agreements; they are solely between you and the third-party.
Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to social media sites and third-party websites and products and services in order to use some of our Services (like a compatible mobile device to use our mobile apps).
No Warranties
40DFL makes no warranties of any kind through the provision or and/or use of our Service.
Indemnification
You agree to defend, indemnify and hold 40DFL harmless for any claim or cause of action resulting from your use of our Services.
Other Users
You release and hold harmless 40DFL from any claims, demands, and damages arising out of disputes with other users or parties.
Arbitration
You agree to attempt to resolve all disputes with 40DFL amicably and through friendly negotiation.
You and 40DFL agree that all unresolved disputes shall be handled through binding arbitration under the then-existing rules of the American Arbitration Association, in the State of Texas, U.S.A and under Texas law, in English, regardless of where the dispute arises and/or where you reside.
Judgment on the arbitration award may be entered in any court that has jurisdiction.
Each party will be responsible for its costs and fees associated with arbitration and dispute resolution, except that the arbitration award may include reasonable reimbursement of costs, fees and attorney’s fees to the prevailing party.
Modification of Terms
40DFL may change, modify or update these Terms at any time that it sees fit with or without notice to you and other users.
Notification will be made for all substantive or material modifications. Changes will be effective when made. You are responsible for reviewing and becoming familiar with any changes and unless you terminate your account and/or cease using the services, you automatically consent to all modifications and changes.
Your use of the Services following the changes constitutes your acceptance of the updated Terms.
Merger & No Other Agreements
The Terms, including all of the policies that make up the Terms, supersede any other agreement between users and 40DFL regarding the Services.
Severance
If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.
No Waiver
Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
Questions
If you have any questions about the Terms, please email us at info@40daysforlife.com
*In some countries you may have additional rights and/or the preceding may not apply to you.
REVISED: OCTOBER 2021
