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Terms of Service

1. Overview and Acceptance of Terms

Welcome to Lightgliders! You are about to enter into extraordinary adventures of Christian faith, fun, and community! We are a subscription service providing our members with access to games, videos, a massively multiplayer online (MMO) game, community events with safe chat interactions, and other digital entertainment accessible by certain Internet-connected computers and mobile devices.

Before you can enter Lightgliders, you must read these Terms of Service (the “Terms”), and agree to follow them. IF YOU ARE UNDER THE AGE OF 18, YOU MUST HAVE YOUR PARENT OR LEGAL GUARDIAN REVIEW THESE TERMS AND REGISTER AS AN ACCOUNT OWNER (DEFINED BELOW).  Account Owners must read and abide by these Terms, including the mandatory arbitration provision described in further detail in Section 16 below.  The Terms apply to any and all uses of the Licensed Application, Lightgliders.com, its associated blogs, videos, or any of its related services. If you use any of these services in any way, or if you register as an Account Owner on behalf of a User under 18 years of age, you are expressing your understanding and agree that you will follow these Terms.

Lightgliders is owned, managed, and operated by Made to Shine, Inc. ("Made to Shine"). If you do not understand or agree with the Terms, do not use the Licensed Application, Lightgliders.com, its associated blogs, videos, or any of its related services. Made to Shine reserves the right, with or without notice to you, to change these Terms of Service in our sole and absolute discretion.

2. General Definitions

• “Service” refers to every part of Lightgliders, including the Licensed Application, Lightgliders.com, its associated blogs, videos, and all webpages, messages, postings and anything else you access or use through the Service.
• “Licensed Application” refers to the Lightgliders web services, desktop app, and mobile apps, together with any software components, media, printed materials, or other documentation you may download to your computer or mobile device related to the Service.
• “Made to Shine,” “we” or “our” refers to Made to Shine, Inc., the owner and operator of the Service, along with our affiliates and licensors.  You can contact Made to Shine at the address listed in Section 22, below.
• “You” refers to an individual using the Service (also called a “User”) or, for Users under 18 years of age, a parent or legal guardian who agrees to be bound by the Terms on behalf of such User.
• “Group Leader” refers to a person, 18 years of age or older, who has been expressly authorized by the parent or legal guardian of one or more Users to supervise such User while using the Service.  Group Leaders might include a teacher, community or faith-based volunteer, or other similar responsible adult.  A Group Leader must agree to be bound by the Terms on behalf of any User he or she is supervising in the manner described here.
• An “Account Owner” is a person who has account management access and control for all the Users on the account and is able to receive communications about the Service.  For Users under the age of 18, an Account Owner must be the User’s parent, legal guardian, or authorized Group Leader.
• “Content” means all digital material including, without limitation, information, videos, photos, graphics, music, sounds, text, data, communications, games, illustration, documentation, and all other material and that Users can view on, submit to, or access through, the Service.

3. Eligibility

USERS WHO ARE 18 YEARS OF AGE OR YOUNGER MAY USE THE SERVICE ONLY WITH THE CONSENT OF A PARENT, LEGAL GUARDIAN OR PROPERLY AUTHORIZED GROUP LEADER WHO AGREES TO BE BOUND BY THESE TERMS AND ANY APPLICABLE ADDITIONAL TERMS.  By using and accessing the Service you hereby acknowledge, represent and warrant to Made to Shine that: (a) you are at least 18 years of age, that you possess the legal right and ability to consent to these Terms , and that you will use the Service in accordance with these Terms; or (b) that, if you are under 18 years of age, that you have your parent’s or legal guardian’s full consent, agreement and acknowledgement to use and access the Service, and they represent and warrant, on your behalf, that they possess the legal right and ability to consent to these Terms and do so on your behalf.

Please note that, for Users 12 years of age or younger, Made to Shine will take steps to verify that such User’s parent or legal guardian has consented to their use of the Service prior to providing access. Made to Shine may delete any User account and terminate access to the Service without warning if we believe, in our sole discretion, that a User is under the age of 18 but does not have a parent’s or legal guardian’s permission to access the Service.

The Services are for personal or educational use only. Organizations, companies or businesses may not use the Services for commercial purposes.  You may not use the Services if you have previously been suspended or removed from the Services.  Certain Services may be not be available in all jurisdictions, and we reserve the right to impose additional eligibility requirements.  The Services are intended for access and use from within the continental United States, Alaska, Hawaii, Puerto Rico or other U.S. territories (the “United States”), and Canada.  If you choose to access the Services from outside of the United States or Canada, you do so at your own risk and are responsible for compliance with all local laws, rules, and regulations that may apply.

4. User Account

4.1. Username and Access

In order to access the Service, you need to create a user account by completing our online registration form, which requests certain information and data (“Registration Data”).  By registering, you agree that all information provided in the Registration Data is true and accurate; that you will maintain and update this information in order to keep it current, complete and accurate.  For certain aspects of the Service, Made to Shine has a connection to, association with, or otherwise entered into a contractual relation with other websites, third party software, or services (each, an “Affiliate”).  Some examples include, but are not limited to, services for analyzing or managing data, email delivery, or marketing and customer support.  You may need to grant Made to Shine and the Service permission to share Registration Data or other User information with such Affiliates.

In creating an account and user profile(s), you may be asked to choose a username(s) and password(s).  You agree that you will not choose a username which, in the sole discretion of Made to Shine:

• (a) Substantially infringes the legal rights of others, including but not limited to, infringing on the copyright, trademark or service marks of others;

• (b) Is offensive, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;

• (c) In any way violates these Terms;

• (d) Contains personally identifiable information, including but not limited to name, address, phone or email;

• (e) Contains the name Made to Shine, or any confusingly similar names.

You agree that Made to Shine reserves the right to change, remove, alter or delete any username or password at any time and for any reason in Made to Shine’s sole discretion.

You are entirely responsible for maintaining the confidentiality of your username and password and for any and all activities that occur in association with your account or user profile, whether or not authorized by you.  You agree to notify Made to Shine immediately of any unauthorized use of your account, user profile or any other breach of Made to Shine’s or the Service’s security.  You agree that Made to Shine will not be liable for any loss you may incur as a result of someone else using your username, password, account or user profile, or Registration Data you provided, either with or without your knowledge.

4.2. No Right to Ownership of User Account

You acknowledge and agree that Made to Shine is authorized to act on instructions received through the use of your username and password, and that Made to Shine may, but is not obligated to, deny access or block any transaction made through your username and password without prior notice if Made to Shine believes your username and password are being used by someone other than you, or for any other reason.

5. Limitations on Ownership and Use of the Service and Content

5.1. Ownership of Service and Content

Made to Shine owns, or has a license to, all right, title and interest in the Service and all Content. The Service and Content is protected by United States law, including copyright laws, trademark law, patent law, trade secret law, various governmental treaties, and several international laws.  Except for any rights specifically enumerated as being licensed to you hereunder, Made to Shine reserves any and all rights to the Service and Content.  You are only permitted to use the Service and Content as expressly authorized by Made to Shine.

5.2. License to Use the Service and Restrictions

You are granted a limited, non-sublicensable, non-transferable, non-exclusive license to access and use the Services subject to these Terms.  By using the Service, however, you acknowledge and agree that such limited license does not include, and that you will not engage in, permit another person or entity to engage in, or otherwise be related to or a part of, the following restricted activities:

• (a) Market, share, distribute, offer to sell, sell or otherwise make reproductions or copies of the Services or Content in any way inconsistent with the rights of use provided by these Terms;

• (b) Remove any applicable, relevant identification, copyright, trademark or other notices relating to the intellectual property or other property of Made to Shine;

• (c) Attempt to access source or object code of the Service or Content, by methods including reverse engineering or otherwise reducing it to a form readable without the use of a computer, except and unless any applicable statutes or laws specifically prohibit the prior restrictive language;

• (d) Amend, change, modify (including the creation of any derivative or other works) the Service or Content;

• (e) Create code, software or other programs that incorporates any elements of the Service or Content;

• (f) Attempt to hack into, compromise or otherwise access the object or source code of the Service or Content for any purposes, personal or commercial;

• (g) Interrupt or attempt to interrupt the operation of the Service in any way;

• (h) Use the Service or Content in any commercial manner or any other way that may infringe on Made to Shine's rights.

5.3. Specific Limitations on Licensed Application

Without limiting anything in Section 5.2 of these Terms, your use of the Licensed Application is subject to the additional terms set forth in this Section.

5.3.1. Software License Agreement

By installing and/or using the Licensed Application and any software programs included within or, if you are downloading the Licensed Application from an authorized online reseller, by downloading, installing and/or using the Licensed Application, you accept the terms of this license with Made to Shine and any affiliates.  Together with the Terms as a whole and the Privacy Policy, published here, this license forms a binding legal agreement between you and Made to Shine.  This license may be amended from time to time and published here.  Such amendments or modifications will be effective immediately, and will apply to disputes arising under this license from the date of posting forward.  Your continued use of the Licensed Application after a modification has been made to the license constitutes your acceptance of such modification.

Made to Shine grants you the non-exclusive, non-transferable, non-commercial (unless otherwise agreed by Made to Shine in writing), limited right and license to install and use the Licensed Application solely and exclusively for your personal use on a device that you own or control and as permitted by the usage rules set forth in the relevant App Store’s Terms of Service.  All rights not specifically granted under this license are reserved by Made to Shine and, as applicable, our licensors.

The Licensed Application is licensed, not sold.  Your license confers no title or ownership in the Licensed Application and should not be construed as a sale of any rights in the Licensed Application.  This license shall also apply to any patches or updates you may obtain for the Licensed Application.  By using the Licensed Application, you acknowledge and agree that such limited license does not include, and that you will not engage in, permit another person or entity to engage in, or otherwise be related to or a part of, the following restricted activities:

• (a) Exploit the Licensed Application or any of its parts commercially including but not limited to use at a cyber café, computer gaming center, or any other commercial site.

• (b) Use your account through the Licensed Application, or permit the use of your account through Licensed Application, on more than one device at a time by unauthorized Users.

• (c) Make copies of the Licensed Application or any part thereof, or make copies of the materials accompanying or associated with the Licensed Application.

• (d) Copy the Licensed Application onto a hard drive or other storage device except as specifically permitted herein.

• (e) Use the Licensed Application, or permit the use of the Licensed Application, in a network, multi-user arrangement or remote access arrangement, including any online use, except as otherwise explicitly provided by the Licensed Application.

• (f) Sell, rent, lease, license, distribute or otherwise transfer the Licensed Application, or any copies of the Licensed Application, without the express prior written consent of Made to Shine.

• (g) Reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Licensed Application, in whole or in part.

• (h) Remove, disable or circumvent any proprietary notices or labels contained on or within the Licensed Application.

• (i) Hack or modify (or attempt to hack or modify) the Licensed Application, or create, develop, modify, distribute or use any software programs, in order to gain (or allow others to gain) advantage of or access to the Licensed Application in any multiplayer online game settings including but not limited to local area network or any other network play or on the Internet.

• (j) Export the Licensed Application or any copy or adaptation in violation of any applicable laws or regulations.

5.3.2. Consent to Use of Device Data

You agree that Made to Shine may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Licensed Application. Made to Shine may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

5.4. Your Grant of Rights in Submitted Content

If you submit Content to the Service (a “Submission”), you acknowledge that you are the owner of any intellectual property rights in such Submission, or have sufficient rights to submit the Content to the Service without infringing any third-party rights.  By making a Submission, you are agreeing to assign to Made to Shine, free of charge, all right, title, and interest including all related intellectual property rights, to such Submission.  Furthermore, by making a Submission, you agree to waive any and all “moral rights” or similar protections that you may hold in such Submission.

Alternatively, if a Submission cannot be legally assigned to Made to Shine, you hereby grant Made to Shine an unrestricted, royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to:

• (a) Use, reproduce, distribute, remove and analyze any Submission as Made to Shine may deem necessary for any purpose in connection with the operation of the Service; and

• (b) Copy, modify, and reproduce the Submission for marketing, promotional and/or any other purposes in connection with Made to Shine or the Service in any media; and

• (c) Use, edit, modify, reproduce, distribute, prepare derivative works of, display, post or otherwise make available to any other User in connection with any feature of the Service; and

• (d) Delete any or all Submissions from the Service, whether intentionally or unintentionally, for any reason or no reason, without liability of any kind to you or any other party; and

• (e) Enable users of the Service to share or post your Submission on third-party sites such as, without limitation, social networking sites.

5.5. Submission of Ideas or Feedback

To the extent that you submit, via the Service or otherwise, any concepts, ideas, know-how, techniques, feedback, remarks, innovations, or suggestions (collectively “Ideas”) for, by way of example and without limitation, any features or functionality for the Service, you agree that such Ideas are non-confidential and non-proprietary, and that Made to Shine shall not be liable for the disclosure of such Ideas.  You hereby grant and agree to grant to Made to Shine, under all your rights in the Ideas, an unrestricted, royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive, sublicensable and transferable right and license to incorporate, use, publish and exploit such Ideas for any purpose whatsoever, commercial or otherwise, including without limitation to incorporating it on the Service or any Made to Shine product or service, without compensation, credit, or accounting to you and without further recourse by you.

6. Subscriptions

6.1. Subscription Content and Subscription Types

Made to Shine may offer you the ability to purchase a limited license (a “Subscription”), which entitles you to access additional Content (“Subscription Content”) beyond that which is available on a non-paid basis.  An Account Owner may purchase a Subscription, which may be used by a User associated with such Account Owner’s account.  A Group Leader may purchase a Subscription, which may be used by a User under such Group Leader’s supervision and, if the User is under 18 years of age, subject to authorization by their parent or legal guardian. When gift cards are available for sale, they may be purchased and redeemed for limited, non-recurring access to Subscription Content. Any and all references to a Subscription(s) in these Terms shall include both recurring subscriptions and redemptions from gift cards and promotional codes, which all provide access to the Service.

Purchased Subscriptions are recurring and will auto-renew at the beginning of each billing period, either monthly or annually in accordance with the subscription period selected by the Account Owner at the time of purchase.  Monthly recurring subscriptions auto-renew on a 30-day billing cycle.  Annually recurring subscriptions auto-renew on a 1-year billing cycle.  In the event the Account Owner signs up for a free trial, the method of payment provided may be pre-authorized during the free trial for up to the  amount of the first recurring payment; however, no charges will be made against the method of payment unless the Account Owner does not cancel prior to the end of the free trial period, at which time the first billing period will begin.  No charges will be incurred by the Account Owner if they cancel during the free trial period.  Free trials are not guaranteed and the Account Owner may be required to enter a promotional code to sign up for a free trial; free trials are reserved for first-time customers only. Once an Account Owner has completed a free trial period they are not guaranteed any additional free trial periods should they choose to resume their Subscription at a later date, and therefore may be charged immediately upon reactivation of the Subscription.

By purchasing a recurring Subscription, the Account Owner expressly agrees that Made to Shine is authorized to charge a periodic membership fee at the then current rate, and any other charges incurred in connection with the use of the Service, to the method of payment provided.  A recurring Subscription will continue to renew unless the Account Owner cancels the Subscription or Made to Shine terminates it. The Account Owner may cancel the recurring Subscription at any time. Access to the Service will terminate at the end of the billing period in which the account is cancelled. Made to Shine, however, reserves the right to terminate access post-cancellation at any time for any reason as it sees fit in its sole discretion. The Account Owner must cancel the Subscription before the automatic renewal date in order to avoid billing of the next period’s Subscription fees. To cancel, the Account Owner may login to the Service, click the “Account Management” gear icon, login a second time for security purposes, click “Subscription Details” and then follow the onscreen instructions to complete the cancellation process. The cancellation process may vary and is dependent upon how the Account Owner originally signed up for the Service, whether through the website or the relevant App store.

Occasionally, gift cards may be available for purchase and may be redeemed for limited, non-recurring access to Subscription Content. Access to the Service is granted solely to the individual redeeming the gift card, who agrees to become the Account Owner at the time of redemption. By purchasing a gift card, the purchaser expressly agrees that Made to Shine is authorized to charge the full amount for the gift card selected at the then current rate, and any other charges incurred in connection with the one-time purchase for use of the Service to the method of payment provided, and further understands that the individual who redeems the purchased gift card will be granted access to the Service at the time of redemption. Redeeming an annual gift card gives access to the Service for a 365-day period from the time of redemption. Lightgliders gift cards are sold and fulfilled using the online eCommerce service Shopify. By purchasing a gift card via this platform, the purchaser is responsible for reading and agreeing to all Terms and Conditions  associated with this third party service. All gift card sales are final and are not refundable or exchangeable under any circumstance, except as required by applicable law.  Any and all references to a Subscription(s) in these Terms shall include both recurring subscriptions and gift card redemptions, which provide access to the Service.

6.2. Purchase and Billing

In all circumstances, however, Subscriptions can be purchased only by individuals who are 18 years of age or older.  You agree that, to the extent you provide Made to Shine and/or its licensors or affiliates with any payment information, you represent that you are 18 years of age or older, are an authorized user of the chosen method of payment, and that all payment information you provide, including but not limited to your name, credit card or other payment account identifying numbers, expiration, security codes, billing address, and any other payment information will be current, complete, true and accurate.

Subscriptions may not be transferred, sold, gifted, traded, leased, sublicensed, or rented; provided, however, that a User’s immediate family member (parent, grandparent, uncle, aunt, brother, sister, son, daughter or legal guardian) may purchase a Subscription for such User’s use and benefit as a personal gift.  Made to Shine reserves the right to impose limits on the number of Subscriptions that may be purchased and gifted in this manner.

All purchases of Subscriptions are final and are not refundable or exchangeable under any circumstances, except as required by applicable law.  Subscriptions are not subject to return or redemption for money or anything of monetary value from Made to Shine or any other person or entity, except as otherwise required by applicable law.  Neither Made to Shine nor any other person or entity has any obligation to exchange a Subscription for anything of value, including, but not limited to, real currency.

You acknowledge and agree that Made to Shine may engage in actions that may impact the perceived value or purchase price, if applicable, of a Subscription or Subscription Content at any time, except as prohibited by applicable law.  Except as prohibited by applicable law, Made to Shine, in its sole discretion, has the absolute right to manage, modify, suspend, or eliminate Subscriptions or Subscription Content without notice or liability to you.

6.2.1 Mobile "In-App" Purchases

Account Managers may begin a free trial or purchase a Subscription via our website or through a third-party provider such as the iOS App Store and Google Play (“in-app”). An active free trial or Subscription is required to access the Service. In the event that you begin a free trial or purchase a Subscription “in-app,” payments will be processed through the app store from which you originally downloaded the application. In this event, you may manage your subscription and access applicable in-app purchase rules and policies directly from the app store, and any issues directly related to your Subscription or payment must be addressed with the app store. At their sole discretion, third party providers reserve the right to charge additional taxes and fees above and beyond that which Made to Shine charges for a Subscription or other services; therefore, certain prices for the same Service or product may differ depending on where you choose to complete your purchase. It is your responsibility to review and agree to any applicable third-party terms and conditions.

6.3. Limitations on License Granted by Subscription

A User who has paid for a Subscription, or has otherwise validly obtained access to Subscription Content, is a “Subscriber.”  By purchasing a Subscription, you acknowledge and agree that the purchased Subscription is a non-exclusive, non-transferable, revocable, limited right to access Subscription Content for your personal or educational, non-commercial use exclusively through the Service, subject to these Terms.  Access to Subscription Content is contingent on agreement and compliance with all of the Terms.  If a Subscriber fails to do so, then Made to Shine, in its sole discretion, is entitled to immediately cancel the Subscription and may remove, ban or delete that Subscriber’s account or access to the Service.

If Made to Shine offers you the ability to purchase a certain type of Subscription for a one-time payment, called a “Lifetime Subscription,” you acknowledge and agree that the duration of such Lifetime Subscription is the lifetime of the Service, and that such Lifetime Subscription shall terminate upon the discontinuation of the Service.

7. Limitations on License Granted by Subscription

Any personal or identifying information submitted through the Service (“Registration Data”) or information shared directly with Made to Shine outside of the Service, either at the time of registration or at any time thereafter, is subject to the terms in our Privacy Policy, available here, which is hereby incorporated into these Terms by reference.  You agree to the collection, use and sharing of your information as set forth in our Privacy Policy.

By using the Service, you are consenting to receive certain communications from us. For example, Made to Shine may send you notices about features, updates, and special offers. Such communications may include information about your account (e.g., change in password or payment information) or other information related to the Service. You may opt-out of communications upon request. Opting out of email communications does not in any way interfere with, cancel, or otherwise alter a Subscription.

8. Lightgliders Code of Conduct

Included in Lightgliders is an online community where Users can meet for events and hangouts. Lightgliders utilizes a safe chat feature that allows Users to interact using pre-approved words and phrases. Account Owners retain the right to restrict the User's ability to view or send safe chat. By agreeing to these Terms of Service, Account Owners consent that the safe chat feature is initially enabled for Users until the Account Owner chooses a higher level of restriction found in the account settings of the Service.

All Users of the Service must agree to follow the Lightgliders Code of Conduct (“Behavior Principles”) listed below.  In the event of any actual or perceived conflict between the Behavior Principles and the Terms, the Terms shall prevail.  You understand and agree that if you (or, if you are an Account Owner, a User associated with such account) violate the Behavior Principles, as determined by Made to Shine in its sole discretion, we reserve the right to (a) edit, remove, or delete any Content or Submission that violates the Behavior Principles or these Terms; and (b) suspend or terminate your account from the Service.  In the event that Made to Shine suspends or terminates your account for violating the Behavior Principles you agree that you are not entitled to any refund, whether in whole or in part, of any money paid in connection with your use of the Service including, but not limited to, any Subscription.

9. Disclaimer of Warranty and Limitation of Liability

9.1. Use of Service

You expressly agree that the use of the Service is at your sole risk.  You agree that the use of the Service is provided on an “as is” and “as available” basis, without warranties or conditions of any kind, either express or implied.  We make no warranty that (a) the Services will meet your requirements; (b) the Services will be uninterrupted, timely, secure, or error-free; (c) the results that may be obtained from the use of the Services will be effective, accurate, or reliable; or (d) the quality of any products, services or information obtained by you through the Service will meet your expectations or be free from mistakes, errors or defects.

You acknowledge that certain aspects of the Service, including without limitation video- or audio-streaming and single or multiplayer interactive games, are available only through the use of an active Internet, wifi, or cellular data connection.  You agree that you are responsible for all Internet access and data-use charges which you may incur by using the Service.  Please check with your Internet or cellular service provider for more information about such charges.

9.2. Limitation of Liability

You acknowledge and agree that, to the maximum extent permissible by law, Made to Shine is not liable for any act or failure to act by them or any other person regarding the conduct, communications, or Content accessible through the Service.  Made to Shine assumes no responsibility for any damages suffered by you.  In no case is Made to Shine liable for any damages of any kind, including, without limitation, any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including without limitation those resulting from loss of use or data, whether or not we have been advised of the possibility of such damages, on any theory of liability, arising out of or in connection with the use of the Service.

Because some jurisdictions do not allow the exclusion or the limitation of liability, in such jurisdictions the liability of Made to Shine will be limited to the fullest extent permitted by law.

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 1625 N Market Blvd, Suite N 112, Sacramento, California, 95834, or by telephone at 800.952.5210. California residents expressly agree to waive California Civil Code Sec. 1542, which states: “A general release does not extend the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

9.3. Additional Limitations on Licensed Application

In the event of any failure of the Licensed Application to conform to any applicable warranty (if any), you may notify the applicable App Store, and request a refund of the purchase price for the Licensed Application to you (if any).  To the maximum extent permitted by applicable law, the Apple iOS, Android or other App Stores will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Made to Shine’s responsibility.  End-user questions, complaints or claims with respect to the Licensed Application should be directed to the Made to Shine contact information listed in Section 22 of these Terms.

Made to Shine, or its licensors, are responsible for providing any maintenance and support services with respect to the Licensed Application, as specified herein, or as required under applicable law.  You acknowledge that Apple iOS, Android, Windows or other App Stores have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

9.4. Limitation Related to User Communications and Account Owners

A “User Communication” is any message, post, statement, image, or other communicative Content submitted to the Service by you or any other User.  Without limiting any part of Sections 9.2 or 9.3, you acknowledge and agree that Made to Shine is not responsible for any User Communications, and is not liable for any injury or damages that may result from any User Communications. You understand that Made to Shine neither claims to, nor does, monitor all User Communications made on, or in connection to, the Service. Made to Shine does not endorse any User Communication nor do User Communications reflect the views or opinions of Made to Shine. Made to Shine cannot guarantee the authenticity of any User Communication or any data that Users may provide about themselves or the Service.

Without limiting any part of Sections 9.2 or 9.3, you acknowledge and agree that Made to Shine is not responsible or liable for any act, failure to act, or other interaction between (a) any Account Owner and the Users related to such Account Owner’s account; or (b) any Group Leader and the Users subject to such Group Leader’s supervision; or (c) any User and other Users insie the game, including anyone who accesses the Service.

10. Disclaimer of Warranty and Limitation of Liability

The Service may link you to other websites or otherwise include references to information, materials and/or services provided by third-parties (“Linked Sites”).  Such Linked Sites are not under Made to Shine’s control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such Linked Sites, nor are we responsible for errors or omissions in any references to other parties or their products and services.  The inclusion of a link or reference to a Linked Site is provided merely as a convenience and does not imply endorsement of, or association with, the Linked Site or party by us, or any warranty of any kind, either expressed or implied.  You further agree that Made to Shine does not have any responsibility or liability for any actions you take on the Linked Sites.  We encourage you to carefully review the terms, conditions, and privacy policies of any Linked Sites before you use them.

11. Service Termination, Suspension, and Changes

Made to Shine reserves the right to terminate, suspend, or change the Service or feature of the Service at any time, for any reason or no reason, with or without notice to you. Made to Shine reserves the right to terminate or suspend your Service account when Made to Shine, in its sole discretion, deems (a) that you have violated these Terms, the Behavior Principles, or other policies related to the Service (including the policies of affiliates accessible by the Service); or (b) committed such other actions where Made to Shine deems termination or suspension is appropriate or necessary. In such instances, Made to Shine is not liable for any claims you may have due to your inability to access the Service.

12. Service Monitoring

Made to Shine reserves the right to monitor all behavior and activity on, or connected to, the Service, including observations made through the use of moderators who may or may not interact with other Users of the Service. However, Made to Shine does not represent or guarantee that it will necessarily monitor any or all behavior and activity on, or connected to, the Service.

13. Indemnification

You agree to defend, indemnify, and hold Made to Shine and its affiliates, directors, executives, employees, contractors, agents and assigns harmless from all liabilities, claims, losses, costs and expenses, including attorney’s fees, that arise from (a) your use of, or activities in connection with the Service; (b) any violation of these Terms by you or through your account; (c) any allegation that any Submission you make available via the Service infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property rights of any third party.  Made to Shine reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Made to Shine in asserting any available defenses.

14. Christian Faith

Lightgliders was created to encourage Biblical faith, positive values, and meaningful conversations among kids and families. Its faith content may contain Scripture. Unless otherwise indicated, all Scripture quotations are taken from the Holy Bible, New Living Translation, copyright © 1996, 2004, 2015 by Tyndale House Foundation. Used by permission of Tyndale House Publishers, Inc., Carol Stream, Illinois 60188. All rights reserved.

15. Limitation of Liability for App Store Providers

By using the Licensed Application, you acknowledge that Made to Shine, and not Apple, Google, Amazon, Microsoft, or any other App Store provider, is responsible for addressing any Dispute (as defined below) relating to the Licensed Application or your possession and/or use of the Licensed Application including, but not limited to: (a) product liability claims; (b) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.  In the event of any third party claim that the Licensed Application or the end-user’s possession and use of that Licensed Application infringes that third party’s intellectual property rights, Made to Shine, not Apple, Google, Amazon, Microsoft or any other App Store provider, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.  You acknowledge and agree that Apple, Google, Microsoft or any other App Store provider, and their subsidiaries, are third party beneficiaries of the Agreement set forth in these Terms, and upon your acceptance of these Terms, Apple, Google, Amazon, Microsoft or any other App Store provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.

16. Dispute Resolution and Arbitration

You acknowledge and agree that any suit, action, proceeding, dispute, controversy, or claim (a “Dispute”) that you assert against Made to Shine in relation to the Service must be made by you within one year of the alleged incident from which such Dispute arose. Otherwise, you are permanently barred from any cause of action relating to the alleged incident.

By using the Service, you specifically acknowledge, agree and consent that you waive your right to a trial, by jury or otherwise, and that any Dispute related to the Service (including without limitation the Licensed Application) or the Terms will be addressed using the following procedures:

• All parties will first attempt to negotiate all Disputes informally for at least thirty days before initiating any formal arbitration.  Such informal negotiations shall commence following the receipt of a notice in writing by one of the parties sent to the other.
• Made to Shine will send its notice to your billing address, if available, and email you a copy to the email address you have provided to us.
• You may send any such notice to Made to Shine at the address listed in Section 22 below.

If the Dispute is not resolved through the above informal negotiations, the Dispute shall be resolved by binding arbitration before a sole arbitrator. Any arbitration will take place in or around St. Louis, Missouri using the English language in accordance with the Commercial Arbitration Rules and Procedures of the American Arbitration Association (“AAA”) then in effect, by one arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of AAA arbitrators.  The determination of whether a dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by an arbitrator rather by a court.

The prevailing party in any arbitration or other proceeding arising under the Terms shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred.  Judgment upon the award rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement. Each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.

Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms, including without limitation, this Section.

You agree that any arbitration shall be limited to the claims between you and Made to Shine individually.  To the full extent permitted by law, (a) no arbitration shall be joined with any other; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

17. Governing Law, Jurisdiction and Venue

Any dispute between the parties arising from or relating to these Terms, whether or not subject to arbitration, will be governed by these Terms and the laws of the State of Missouri and applicable United States law, without giving effect to any conflict of laws or principles that may provide for the application of the law of another jurisdiction.  In the event that a Dispute between the parties arising from or relating to these Terms is not subject to arbitration, or where no election to arbitrate has been made, such Dispute shall be decided by the state and federal courts in St. Louis, Missouri.  You and Made to Shine expressly agree to submit to the personal jurisdiction of, and venue before, such courts.

The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.  You agree that if you choose to access the Service from outside of the United States, other laws may apply and those laws shall affect the Terms only to the extent required by such jurisdiction.  In such a case, the Terms shall be interpreted to give maximum effect to the terms and conditions hereof.

18. Assignment

You cannot assign or transfer any of your rights or obligations under the Terms without Made to Shine’s express prior written consent. Made to Shine, in its sole discretion, may transfer or assign the Service, Users or the Terms, in whole or part, at any time. The Terms shall be binding between you and any third party and its successors to whom Made to Shine has transferred or assigned these rights.

19. Enforcement of the Terms

Made to Shine’s failure to enforce any part of the Terms is not a waiver of Made to Shine’s ability to enforce such provisions. If any part of these Terms are determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.

20. Modification the Terms

Made to Shine may change, remove, or add to these Terms at any time. Any change, removal, or addition to the Terms is effective as soon as it is posted to the Service.

21. Complete Agreement

These Terms constitute the entire Agreement and understanding between you and Made to Shine concerning the subject matter of the Service and supersedes all prior agreements and understandings of the parties.

22. Notices and Violation Reporting

All notices to a party shall be in writing and shall be made either via email, conventional mail, or courier. Notices to Made to Shine must be sent to the address or email address listed below.  Notices to you may be sent to the email or mailing address supplied by you as part of your Account or User profile, if any.  In addition, Made to Shine may broadcast notices or messages through the Service to inform you of changes to the Service or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.

Made to Shine encourages all Users and Account Owners to report any instance in which any other User is violating these Terms, the Behavior Principles, doing something illegal, or engaging in other behavior that makes you feel uncomfortable.  If you see any such behavior, or have questions about these Terms or anything else regarding the Service, please contact Made to Shine at the following address:

Let's Glide!