Terms of Service:

Introduction

Welcome to My Ministry Media! We specialize in providing media and design services tailored for churches and faith-based organizations. Our goal is to support your ministry with creativity, excellence, and efficiency. These Terms of Service outline the guidelines for using our services and platforms. By accessing or utilizing our services, you acknowledge and agree to these Terms. If you do not agree, please discontinue use of our services immediately.

Applicability to DBAs

These Terms of Service apply to all services and platforms operated under Clardy Creative LLC, including but not limited to My Ministry Media.

Account Registration and Management

To register for an account with us, you must be of legal age to enter into a binding contract. By creating an account, you represent and warrant that you are at least 18 years old or the age of majority in your jurisdiction, whichever is older. If you are under the legal age, you may only use our services under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service.

By creating an account with us, you agree to:

• Provide accurate and current information about your organization.

• Maintain the security of your account and promptly notify us of any unauthorized use.

• Be responsible for all activities that occur under your account. 

Prohibited Activities

As a user or member of My Ministry Media, you agree not to engage in the following:

• Commercial Use: Any commercial use, resale, or "white-labeling" of our services must be specifically disclosed and approved by us in writing. This includes using our services to create content for third parties or reselling any deliverables generated through our services without prior agreement.

• Illegal Activities: Participating in illegal activities or encouraging criminal behavior.

• Harassment and Abuse: Harassing, intimidating, or abusing other users; promoting hate speech, violence, or harm against individuals or groups.

• Misuse of Service: Misusing the services provided, including spamming, sending unauthorized advertisements or solicitations, or introducing malicious software.

• Intellectual Property Violations: Infringing on the intellectual property rights of others or My Ministry Media, including unauthorized use, reproduction, or distribution of copyrighted content.

• Security Breaches: Attempting to disrupt the security of the service, accessing unauthorized data, or exploiting service vulnerabilities.

• Fraud and Deception: Engaging in deceptive practices or committing fraud.

• Data Protection and Privacy: Violating applicable data protection and privacy laws by misusing personal or sensitive information obtained through the use of our services.

• Reporting Violations: If you observe any of the above violations, please report them to us via email at graylin@myministrymedia.com.

Termination Clause: Engaging in any prohibited activities may result in the immediate termination of your account without prior notice. We reserve the right to take any necessary action, including but not limited to: Suspending or terminating your account, blocking access to our services, reporting the activity to appropriate law enforcement authorities, and taking legal action as deemed necessary to protect our users and our platform.

By using our services, you agree to comply with these terms and understand that failure to adhere to these guidelines can result in the above-stated consequences. Our priority is to ensure a safe, respectful, and lawful environment for all users.

Billing and Payment

Subscription and Product Fees

Fees for subscriptions and additional services are detailed on our pricing page. Payment is due and considered fully earned at the beginning of each billing cycle and covers the upcoming period.

Payment Terms

We accept payments through major credit cards and other approved payment methods. All payments are securely processed and must comply with our billing terms. Payment failure of any sort may result in the temporary suspension of access to your membership until resolved. In the event of a payment failure, we will provide notifications and guidance on how to resolve the issue and restore your service.

All fees for our services are listed in US dollars (USD) and must be paid in USD. We do not accept payments in other currencies. If you are making a payment from outside the United States, your bank or payment provider may apply currency conversion rates and fees. We are not responsible for these charges or any discrepancies arising from currency conversion.

Changes to Subscription Plans

To modify your subscription plan, please contact our Customer Service directly. Changes will affect your billing from the next cycle onwards.

Adjustments to Pricing

Please note that subscription fees are subject to change. Existing rates are not guaranteed to be "grandfathered" unless explicitly stated in a written agreement. We commit to emailing the membership administrator with at least 90 days notice of any fee adjustments prior to any changes to your current membership rate.

Billing and Payment Disputes

If you have any questions or disputes regarding your billing or payments, please use the contact form immediately. We will investigate and resolve any billing issues promptly.

In the event of a billing error, including errors resulting in incorrect charges or unbilled services, My Ministry Media reserves the right to correct the error retroactively. This may include charging for previously unbilled services or issuing refunds for overcharges.

For unbilled services, we will notify the member and work collaboratively to reach a fair resolution, which may include back payment for services rendered during the affected period. Members will be given the opportunity to review and discuss the correction before any charges are applied.

Cancellation and Refunds

Cancellation of Services

• Self-Service Cancellation: You may cancel your subscription at any time via your Member Portal.

• Assisted Cancellation: Alternatively, you can request assistance from our Customer Success by contacting them directly. To avoid charges for the next billing cycle, ensure cancellation requests are received at least two business days before your membership renews during our business hours (9 AM to 7 PM EST).

• Final Access Period: Upon cancellation, your membership will remain active, and services will be available until the end of the current paid billing period.

Refund Policy

• 30-day Satisfaction Guarantee: We offer a refund within the first 30 days of signup if you are not satisfied with our services and have completed a call with our Customer Service to address your concerns.

• No Prorated Refunds: No refunds are issued for cancellations after the billing date. Please note that if cancellation is not processed before the start of the next billing cycle, you are responsible for the full billing cycle’s fees, and no refunds will be issued for failure to cancel before the cycle begins.

• Processing Fee: Any otherwise agreed-upon refunds will be subject to a 10% processing fee.

Intellectual Property

User Content and License Grants

You retain ownership over all original content you submit for your projects, such as images, texts, and videos. By submitting, posting, or displaying content on or through our services, you grant My Ministry Media a non-exclusive, royalty-free, worldwide, sub-licensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content in connection with the provision of our services and for promoting and redistributing part or all of our services (and derivative works thereof) in any media formats and through any media channels.

• Scope of User License: The license granted by you includes the right for My Ministry Media to make the content available to other companies, organizations, or individuals with whom we have relationships for the provision of services, and to use your content in connection with the provision of those services.

• Retention of Rights: You retain all rights to any content you submit, post, or display on or through our services. My Ministry Media acknowledges that you own or have the necessary rights, licenses, consents, and permissions to use and authorize us to use your content as specified in these Terms.

My Ministry Media's Creations

All materials created by My Ministry Media, including but not limited to designs, graphics, videos, and written content (collectively, "Creations"), are the intellectual property of My Ministry Media.

• User License: We grant you a non-exclusive, non-transferable, royalty-free license to use our Creations solely for your church or organization's internal purposes.

• Restrictions: You may not use, reproduce, distribute, or display our Creations for commercial purposes or transfer any rights to third parties without our explicit written consent.

User Opt-Out for Resale Use
While My Ministry Media retains ownership of all created designs, we honor any user's decision to opt out of allowing their designs to be reused for resale purposes. This opt-out option is available on the Project Request Form on a project-by-project basis. If a user opts out, we will not use that design for resale.

Handling of Member-Submitted Media
My Ministry Media respects the ownership and privacy of all media submitted by our members, such as photos and videos. Before using any member-submitted media for resale or other purposes, we will replace such media with stock content. My Ministry Media will obtain explicit permission from the member for any submitted media to be used without replacement.

Handling Claims of Intellectual Property Infringement

We respect the intellectual property rights of others and expect our users to do the same. We will handle any claims of intellectual property infringement in accordance with the Digital Millennium Copyright Act (DMCA).

Data Protection and Privacy Laws

We are committed to protecting your privacy and complying with applicable data protection and privacy laws. Our data handling practices are designed to ensure transparency, security, and compliance with applicable regulations. Our Privacy Policy provides comprehensive details on our data handling practices and your rights. For more detailed information on how we collect, use, and protect your data, please refer to our Privacy Policy. 

Consumer Protection Laws

We are committed to ensuring our services comply with applicable consumer protection laws to provide transparency and fairness in our dealings with users.

Transparency and Disclosure:

• We provide clear and accurate information about our services, including pricing, subscription terms, and any additional charges that may apply.

• You will be informed of any significant changes to these terms or our services at least 90 days in advance.

Fair Billing and Payment Practices:

• All fees and charges are transparently communicated before you commit to a purchase.

• We provide detailed invoices and receipts for all transactions, including subscription renewals.

Refund and Cancellation Policy:

• Subscribers can cancel their subscriptions at any time. Refunds will be processed according to our refund policy, which is clearly outlined in these Terms of Service.

User Rights and Remedies:

• In case of any disputes or issues with our services, you can contact our customer support for resolution. We are committed to resolving all complaints promptly, fairly and amicably.

We regularly review our policies and practices to ensure ongoing compliance with consumer protection laws and regulations.

Limitation of Liability

To the fullest extent permitted by law, My Ministry Media 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:

• Your access to, use of, or inability to access or use the services;

• Any conduct or content of any third party on the services, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties;

• Any content obtained from the services;

• Unauthorized access, use, or alteration of your transmissions or content.

We are not liable for any issues stemming from the use of third-party software providers like Dropbox, Google Drive, ManyRequests or other tools that facilitate our service offerings. We encourage you to read and understand these third-party platforms' terms and privacy policies.

By using our services, you acknowledge and agree that these limitations of liability are a reasonable allocation of risk and form an essential part of the agreement between you and My Ministry Media.

Amendments to Terms

We may update these Terms of Service periodically to reflect changes in our services, legal requirements, or for other operational reasons. All changes will be communicated via email or through our platform at least 30 days before the changes take effect.

Notification of Changes: For significant changes, we will provide a summary of the updates and highlight key changes to ensure you are fully informed. Minor changes may be communicated through our platform without detailed summaries.

Explicit Acknowledgment: For significant updates, we may require explicit acknowledgment of the revised Terms before you can continue using our services. 

User Acceptance: Continued use of our services after changes have been made will constitute your acceptance of the revised Terms. We encourage you to review the updated Terms. If you do not agree with the changes, you have the right to discontinue using our services before the changes take effect.

Indemnification

You agree to defend, indemnify, and hold harmless My Ministry Media, its sole operator, from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney fees and costs, arising out of or in any way connected with:

• Your access to or use of our services or products, including but not limited to any use or misuse of our services, including any content you submit, post, transmit, or otherwise make available through our services.

• Your violation of terms, including but not limited to breaching these Terms of Service or violating any applicable laws and/or regulations.

• Your violation of any third-party right, including without limitation any copyright, intellectual property, or privacy right;

• Your breach of any of your representations and warranties set forth in these Terms of Service.

• Any claims brought by third parties arising out of your actions or omissions in relation to your use of our services, including but not limited to alleged damages caused by your content to a third party.

Notification: You agree to promptly notify My Ministry Media of any claim, action, or proceeding for which you are seeking indemnity.

Control of Defense: My Ministry Media reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate as fully as reasonably required in the defense of any claim.

No Settlement without Consent: You may not settle any claim without the prior written consent of My Ministry Media. This indemnification obligation will survive the termination or expiration of these terms and your use of the service.

Termination

My Ministry Media reserves the right to terminate your membership in the event of violations of our Terms of Service, abusive, disrespectful, or unprofessional conduct towards our team, or other serious breaches of our operating principles. Termination is considered a last resort, following reasonable efforts to resolve the issue amicably. 

Prorated Refund: In instances where My Ministry Media initiates termination, we will issue a prorated refund for the unused portion of your current billing cycle.

Data Deactivation: Upon termination, access to our services will be revoked immediately, and all related data may be deactivated and/or deleted. 

Consent to Use Electronic Records

My Ministry Media may need to provide you with certain communications, notices, agreements, statements, or disclosures in writing regarding our Services. You consent to receive these records electronically from My Ministry Media rather than in paper form.

Definitions

“User”, “Member”, or Subscriber” means any individual or organization that registers for, accesses, or uses our services.

“Services” means all products, services, content, features, technologies, or functions offered by My Ministry Media through our website or any related platform.

“Content” means all text, images, video, audio, or other multimedia content provided or made available by My Ministry Media or its users through the services.

“Personal Data” means any information relating to an identified or identifiable natural person, including but not limited to name, contact details, payment information, and usage data.

“Illegal Activities” means any activity that violates federal, state, local, or international laws, regulations, or ordinances. This includes but is not limited to fraud, theft, drug trafficking, money laundering, unauthorized distribution of copyrighted materials, and any form of criminal conduct.

“Harassment” means to repeated, unwanted contact or communication that causes fear, distress, or harm. This includes but is not limited to: Threats of violence, stalking, cyberbullying, sending abusive or obscene messages, discrimination based on race, gender, sexual orientation, religion, or any other protected characteristic.

“Abuse” means any action that causes physical, emotional, or psychological harm to another person. This includes but is not limited to: Physical threats or violence, emotional manipulation or coercion, verbal abuse or insults, and any form of exploitation or mistreatment.

“Parties” means My Ministry Media and you, collectively.

Entire Agreement

These Terms of Service are the only agreement between you and us regarding the Services and supersedes all prior agreements for the Services and supersedes any prior agreements between us for actions occurring after the effective date of this Agreement. Any other service agreement between the parties shall be subject to the provisions stated in these Terms of Service.

Contact Us

Please contact us for any questions about these Terms of Service or any of our services.