Tabella's Terms of Service

Your acceptance of these Terms of Service with Churchly, Inc. (“Tabella,” “us,” “we,” or “our,” as applicable), effective as of the Effective Date and as modified from time to time (“Terms”), is requisite for you to access and utilize the Tabella services facilitated by the Tabella application and/or websites presenting these Terms (“Services”), including the functionality and Content (as defined below) made available by Tabella.

This document, along with other documents referenced below, constitute our Terms of Service (or “Terms” for short).

In certain instances, both these Terms and separate terms elsewhere on the Services (“Additional Terms”) will apply to your use of the Services. To the extent there is a conflict between these Terms and any applicable Additional Terms, the Additional Terms will prevail unless they expressly state otherwise.

Please review these Terms and our Privacy Policy (“Policy”) meticulously. If you disagree with these Terms or the Policy, you are not permitted to use the Services and should cease usage immediately. The provision of Services is contingent upon your acceptance and ongoing adherence to these Terms. We reserve the right, at our discretion, to amend these Terms periodically. We may necessitate your assent to the modified terms as a prerequisite for your continued access to the Services. Your sustained use of the Services post the effective date of such amendments signifies your acceptance of the modified Terms.

Be advised that Section 7.6, Dispute Resolution, contains an arbitration clause and class action waiver. By acceding to the Terms, you consent to resolve all disputes through binding individual arbitration, thereby relinquishing any right to have those disputes adjudicated by a judge or jury, and forgoing your right to partake in class actions, class arbitrations, or representative actions.

Should you violate any of these Terms, your authorization to use the Services is automatically revoked, unless such violation is expressly waived by us in writing at our sole discretion.

You must be over 13 years of age to utilize the Services. Access to and use of the Services is granted only if legally permissible according to the laws of your jurisdiction, including but not limited to laws concerning minimum age requirements. You acknowledge that the use of the Services necessitates a connection to, and data transfers over, the network, which may affect your data usage charges imposed by your wireless operator.

First and foremost, we grant you a fee-based, non-exclusive, non-transferable, revocable, non-assignable, personal, limited license to use our services. This means that you are allowed to access and use the images, audio, video, graphics, text, posts, comments, signals, ratings, and any other content, material, information, or data that is accessible through our services. This also includes any content from other users, which we refer to as “Content.”

However, there are some restrictions to this license. You are not allowed to sublicense, sell access, resell, transfer, distribute, create derivative works or improvements of, monetize or commercially exploit, or make our services available to others. This license is for your personal use only and cannot be shared or used for commercial purposes.

In order to continue using our services, it is important that you comply with all of the terms and conditions outlined in this article. Failure to do so may result in the revocation of your license and access to our services.

In addition to the terms mentioned above, there may be additional terms that apply to specific features or services within our platform. It is your responsibility to review and comply with these additional terms in order to continue using those features or services.

1.2 You hereby grant to us, without charge, the perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, create derivative works from, and distribute your Content for the purposes of providing, developing, improving, and promoting the Services. You also grant all other users of the Services the perpetual, irrevocable, worldwide, non-exclusive right to access and use your Content as part of the Services. Further, you agree that we are free to use and implement, in perpetuity without compensation, attribution, or obligation to you, any feedback, improvements, recommendations, ideas, and error corrections you voluntarily provide to us or we develop relating to the Services.

2.1 All Content, whether publicly posted on or privately transmitted via the Services, is the sole responsibility of the user who originated such Content. You are entirely responsible for all Content that you contribute. You shall not transmit Content or otherwise conduct or participate in any activities via the Services which, in our sole judgment, are likely to be prohibited by law, these Terms, or violative of third-party rights in any applicable jurisdiction.

2.2 You agree not to upload, download, display, or distribute any Content or otherwise engage in any activity in connection with the Services that:

You represent and warrant that all Content you submit is accurate and not misleading to the best of your knowledge, is not confidential, and is not in violation of these Terms or third party rights.

We may, in our sole discretion, terminate the Services as to any Content that we believe in our sole judgment is not in compliance with these Terms. We may preserve and disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by us to protect the rights, property or safety of Tabella, users and/or the public.

Although we are not obligated to monitor access to, or use of, the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements, but are not obligated to, remove or disable access to any Content at any time and without notice, including but not limited to if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

2.3 You may be exposed to Content that is offensive, indecent, or erroneous. You must evaluate, and shall bear all risks associated with, the use of any Content, including any reliance on its accuracy, quality, integrity, completeness, or usefulness. Under no circumstances will we be liable for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage incurred as a result of the use of any Content. You hereby waive and release any claims you may have against us arising from the use or misuse of your Content, failure to comply with or enforce these Terms, or for any act, omission, or conduct of any other user.

2.4 Tabella, any Service, other users, or third parties may provide links to other websites or login access via such links. Such third-party links and services shall not be construed as an endorsement, sponsorship, or affiliation. We exercise no control over such other non-Tabella websites, services, and web-based resources and are not responsible or liable for their availability, content, advertising, products, or other materials, or for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of the same, including information, material, products, and services therein, is solely at your own risk.

2.5 We do not guarantee the authenticity of any user’s identity. Users are solely responsible for verifying the identity of other users. You acknowledge that identities may be fabricated and that other users may be acting under false pretenses or without authority.

While community interactions are governed by our Community Guidelines and moderated by community administrators, we maintain a strict, zero-tolerance policy against objectionable content and abusive behavior. Users may utilize the in-app reporting features to flag objectionable content and block abusive users. We will review these reports and act upon them within 24 hours, which may include removing the objectionable content and terminating the account of the abusive user.

You will either receive or be permitted to create username and password information (“Sign-On Credentials”). If you choose to create your own Sign-On Credentials, they are subject to our approval, and we reserve the right to refuse or revoke any Sign-On Credentials at any time and for any reason.

You are entirely responsible for maintaining the confidentiality of your Sign-On Credentials and entirely liable for all activities occurring under such Sign-On Credentials and within your account. You shall not transfer your Sign-On Credentials to any party, or use another’s Sign-On Credentials, without our prior written consent. You shall notify us immediately at [email protected] of any unauthorized use of Sign-On Credentials or any other breach of security. We will not be liable for any loss or damage arising from failure to comply with this section or from unauthorized use of the Sign-On Credentials.

You may create your Sign-On Credentials on the Services via the mobile application, website, or through your account with Facebook. If you choose the Facebook account option, we will create your Sign-On Credentials by extracting from your Facebook account certain personal information such as your name and email address, and other personal information that your privacy settings on your Facebook account permit us to access.

You must provide us with accurate, complete, and up-to-date information for your Sign-On Credentials and update such information as needed to keep it accurate, complete, and up-to-date. If you do not do so, we have the right to suspend or terminate your Sign-On Credentials and your account.

4.1 You shall not use the Services or engage in any activity that could damage, disable, overburden, or impair the Services, any Tabella server, or the network(s) connected to any Tabella server, or interfere with any other party’s use and enjoyment of the Services in any manner. You shall not attempt to falsify or alter Content posted by others except via normal and intended operation of the Services. You may not attempt to gain unauthorized access to other accounts, computer systems or networks connected to any of our servers or to any of the Services, through hacking, password mining or any other means, or exploit bugs or weaknesses in the Services.

4.2 You are prohibited from violating or attempting to violate any security features of the Services, including, without limitation:

4.3 You shall not engage in harvesting or other collection of information about other users, without our prior and each such user’s prior written consent. You agree not to use or launch any automated system, including without limitation, “robots”, “spiders”, “crawlers”, data mining tools etc. that access the Services, including in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using conventional online web browsers.

4.4 You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. The Services are for your personal and individualized use only. Without limiting the generality of the foregoing, you shall not publish, distribute, or transmit to the general public via any medium, whether via print, online, or otherwise, the Content or Services, except through or as otherwise authorized by us, and you shall not engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services. You may not use any meta tags or other hidden text or metadata utilizing any Tabella trademark, logo URL or product name without our express written consent. You shall not remove any copyright, trademark or other proprietary rights notices visible via use of the Services.

4.5 While we will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, we have no responsibility or liability for the deletion or failure to store any Content. It is your sole responsibility to back up all your Content, Sign-On Credentials, and data associated with you or your account. We have no obligation to store, maintain or provide you a copy of any Content that you or other users provide when using the Services. We reserve the right to mark as “inactive” and archive Tabella accounts that are inactive for an extended period of time. Further, Tabella may monitor and collect information (including but not limited to technical and diagnostic information) about your usage of the Services in order to improve the Services and to verify compliance with these Terms. See our Privacy Policy for more detail on what information we collect.

4.6 Because no online system is perfectly secure or reliable, the Internet is an inherently insecure medium, and the reliability of hosting services, Internet intermediaries, your Internet service provider, and other service providers cannot be assured, you accept security risks, and bear the responsibility for choosing to use a technology that does not provide perfect security or reliability.

5.1 DO NOT RELY ON THE SERVICES, ANY INFORMATION THEREIN, OR ITS CONTINUATION. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE OF THE SERVICES OR TO STORE OR DISPLAY ANY CONTENT, USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF THE SERVICES. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Specifically, we make no warranty that:

Further, scheduled and preventive maintenance as well as required and emergency maintenance work may temporarily interrupt access to the website or Services. We reserve the right to discontinue or change the Services in any way and at any time, with or without notice to you, without liability.

5.2 We do not represent or warrant that Content available on or from the Services are accurate, complete, reliable, current, or error-free or that the Services are free of viruses or other harmful components and, accordingly, you should exercise caution in the use of the Services. You download, access or otherwise obtain Content from the Service at your own discretion and risk and you are solely responsible for your use thereof, and any damages to your computing device, and any loss of data, and any other damage or harm of any kind, that may result therefrom.

5.3 Excluding only damages arising out of our gross negligence, fraud, or willful misconduct, we shall not be liable for any direct, indirect, incidental, special,

consequential or exemplary damages, including but not limited to damages for loss of revenue, profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from use or inability to use the Content or any Service; the cost of procurement of substitute services; unauthorized access to or alteration of a user’s Content; statements or conduct of any third party on the Services; or any other matter relating to Tabella, Content, or the Services. Any liability to you or any third party in any circumstance is limited to US$50 in the aggregate. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. The foregoing limitations and exclusions apply to the maximum extent permitted by applicable law.

5.4 You agree to defend, indemnify, release and hold harmless us, our suppliers, and all officers, directors, employees, consultants, agents, and representatives of any of the foregoing (collectively “Indemnified Parties”) from and against any and all claims (including third party claims), losses, liability, damages, and/or costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with:

The App is free to download. We offer certain content products that you may optionally purchase using the in-app purchase facilities on the Google Play Store and Apple App Store.

If you participate in the Tabella Rewards Program, your participation is additionally governed by the Tabella Rewards Program Terms & Conditions ("Rewards Terms"), which are incorporated into these Terms by reference and constitute Additional Terms as described in the introduction above. In the event of a conflict between these Terms and the Rewards Terms with respect to the Program, the Rewards Terms shall prevail.

Fees and any other charges for the use of the Services, if any, are described on the App. Fees may change from time to time. If we change fees or charges, we will provide you with reasonable notice. If they do change, your continued use of the App after the change indicates your agreement with the new fees and charges after the effective date of the change. Any change to fees and other charges will not be applicable to the billing period in which the change occurs. We reserve the right at any time to correct any inadvertent pricing errors, to change or revoke any limited-time offer, and to correct any errors or inaccuracies in the App. You are responsible for all taxes applicable to the fees in any applicable jurisdiction.

We may occasionally modify or discontinue, temporarily or permanently, access to the Services (or any part, feature, or functionality thereof). We shall not be liable for any such modification, suspension, or discontinuation.

We reserve the right, at our sole discretion, to remove or reject any Content by you, or to deny, restrict, suspend, discontinue, or terminate your account, Sign-On Credentials, or access to the Services or any portion thereof at any time, with or without prior notice or explanation, for any or no reason, and without liability. We may additionally terminate your account for cause, including for:

Our termination of any user’s access to the Services may be effected without notice and, on such termination, we may immediately deactivate or delete any user’s account and Content, and/or bar any further access to the Services. We shall not be liable for any termination of access to the Services.

No right, title, or license to any third-party trademarks is granted by these Terms, nor to any of our trademarks or service marks except as expressly set forth in these Terms. We reserve all right, title, and interest in and to our trademarks, service marks, trade names, domain names, and similar identifiers, including Tabella Network™.

If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following in writing:

The above writing must be electronically or physically signed by you. If we receive such a claim, we may refuse or delete Content as described under this section hereto, or terminate a user’s account in accordance with these Terms.

Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 can be contacted via [email protected]. In addition to forwarding your notice to the person who provided the allegedly illegal content, we may send a copy of your notice (with your personal information removed) to Chilling Effects (www.chillingeffects.org) for publication and/or annotation. We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, we will also terminate a user’s account if the member is determined to be a repeat infringer.

These Terms, the Services, and Content, and any disputes related to or concerning any of the foregoing (including tort, contract and privacy claims, and whether pre-contractual or extra-contractual) shall be governed by the laws of the State of California, USA. The choice of law rules of any jurisdiction, the United Nations Convention on Contracts for the International Sale of Goods, and the American Law Institute’s Principles of the Law of Software Contracts shall not apply, and neither party shall invoke any of the foregoing in any proceeding between the parties. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms, the Services, or Content, must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

Any disputes between or claims brought by you or us arising out of or related to these Terms, the Services, or Content (including tort, privacy as well as contract claims, and whether pre-contractual or extra-contractual, as well as the arbitrability of any disputes) shall be referred to and finally settled by binding arbitration before the International Court of Arbitration in accordance with the Rules of Arbitration of the International Chamber of Commerce (“ICC”) in effect at the time of arbitration except as inconsistent with this section. The arbitration shall be conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. If in-person appearance is required, such hearings shall be held in San Francisco, California. All awards may if necessary be enforced by any court having jurisdiction. The existence of any dispute, the existence or details of the arbitration proceeding, and all related documents, materials, evidence, judgments, and awards therein, shall be kept confidential. Except as required by law, no party shall make any public announcements with respect to the proceeding or the award, except as required to enforce the same. You and we agree that by entering into this Agreement, the parties hereby waive the right to a trial by jury and agree to only bring claims in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Notwithstanding the foregoing, nothing in this section shall preclude the right and ability to file and maintain at any time an action for recovery of injunctive or provisional relief in any court of competent jurisdiction under the laws applicable thereto. All claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using arbitration in accordance with this section. Should either party file an action contrary to this section, the other party may recover lawyers’ fees and costs, provided that the party seeking the award has notified the other party in writing of the improperly filed claim, and the other party has failed to withdraw the claim.

These Terms shall not be assigned, delegated, or transferred by you, in whole or in part, whether voluntary, involuntary, by merger, consolidation, dissolution, sale of assets, or otherwise, without our prior written consent. Any such purported assignment, delegation, or transfer without such written consent shall be void. We may at any time assign these Terms without prior consent or notice. These Terms shall be binding on, and inures to the benefit of, the parties and their respective and permitted successors and assigns.

You acknowledge and agree that a breach of these Terms, or any unauthorized use, disclosure, or distribution of the Content, may cause irreparable harm to us, the extent of which would be difficult to ascertain. Accordingly, we shall be entitled to seek immediate injunctive relief (in addition to any other available remedies) in any court of competent jurisdiction under the applicable laws thereto.

These Terms constitute the entire agreement between you and us, governing your use of the Services and superseding any prior agreements. You may be subject to additional terms and conditions that may apply when you use affiliate or third-party content or services. If any provision of these Terms 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 Terms remain in full force and effect. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship of any kind between us and any user or other person or entity, nor do these terms extend rights to any third party.

Tabella reserves the right to investigate and prosecute any suspected breaches of these Terms or the Service. Tabella may disclose any information as necessary to satisfy any law, regulation, legal process, or governmental request.

Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov.

Our Services utilize YouTube API Services to display video content. By using our Services, you agree to be bound by the YouTube Terms of Service (https://www.youtube.com/t/terms) and acknowledge the Google Privacy Policy (http://www.google.com/policies/privacy).

If you are using the Services through an Apple device, the following terms apply:

We reserve the right, at any time in our sole discretion, to modify or replace any part of these Terms and any applicable Additional Terms, without prior notice. You agree that we may notify you of any updated Terms and any applicable Additional Terms by posting them on the Services so that they are accessible via a link from the home page, and/or by sending you an email to the last email address you provided to us. All such changes are effective immediately when we post them, or on such later date as may be specified in the notice of updated Terms and any applicable Additional Terms. If you object to any such changes, your sole recourse is to cease using the Services.