Terms of Service
PLEASE READ THESE TERMS CAREFULLY. YOU USE RISE AT YOUR OWN RISK. THESE TERMS LIMIT THE OPERATOR'S LIABILITY TO YOU (SECTIONS 12 TO 14), AND SECTION 16 REQUIRES YOU TO RESOLVE DISPUTES BY BINDING INDIVIDUAL ARBITRATION, WAIVING YOUR RIGHT TO A JURY TRIAL AND TO TAKE PART IN A CLASS ACTION. YOU CAN OPT OUT OF ARBITRATION WITHIN 30 DAYS (SECTION 16.6).
1. Who we are and this agreement
Rise (the app and the websites that serve it) is operated by Matthew Perper, an individual (the "Operator", "we", "us" or "our"). These Terms of Service, together with the Privacy Policy and the Community Guidelines, are a binding agreement between you and the Operator. You accept them when you tick the box to agree at sign-up, when you tap to accept an updated version, when you sign in, or when you otherwise use Rise. If you don't agree, don't use Rise.
2. Who can use Rise
Rise is offered only in the United States. To use it you must be at least 18 years old, live in the United States, be able to form a binding contract, and not have been removed from Rise before. Rise is not meant for anyone under 18. If we learn that someone under 18 has an account, we will close it.
3. Your account
Give accurate information, keep your password private, and tell us at info@risesocial.site if you think someone else is using your account. You are responsible for everything done through your account. An account is for one person.
4. What you share
You keep ownership of what you post, comment, message or upload ("your content"). You give the Operator a non-exclusive, royalty-free, worldwide license to host, store, copy, display and send your content only to run, show and improve Rise. The license ends when your content is deleted, apart from copies kept for a limited time in backups or where the law requires us to keep them.
You are solely responsible for your content. Only share what you have the right to share. Prayer requests and posts often involve other people: share details about someone else only with their permission. What you post can show your faith and sometimes your health; other members can see what you choose to post.
Members, not the Operator, are the speakers and publishers of what they post. As provided by 47 U.S.C. § 230, the Operator is not responsible for content created by members or other third parties.
5. Rise has no tolerance for objectionable content or abusive users
You must not post, send or upload anything that is illegal, or that harasses, bullies, threatens or intimidates anyone; promotes hatred or discrimination; is sexually explicit or contains nudity; sexually exploits or endangers anyone under 18 (which we report to the National Center for Missing & Exploited Children); shares intimate images without consent; reveals someone's private information; encourages violence or self-harm; is spam, a scam or misleading; impersonates anyone; or infringes anyone's rights. You must also follow the Community Guidelines.
We may remove any content and suspend or close any account, at any time, with or without notice, if we believe it breaks these Terms or puts anyone at risk. Rise uses automated language filters and automated safety flags; they are imperfect and can miss things or catch the wrong things.
6. Reporting, blocking and moderation
You can report posts, comments, messages, profiles and communities, and you can block other members, from within the app. We aim to review reports within 24 hours, but we can't promise to. We have no duty to monitor, review or remove anything, and choosing to review or remove some content does not create a duty to review or remove other content. Decisions about content and accounts are at the Operator's sole discretion.
7. Rise is not an emergency or professional service
RISE IS NOT A CRISIS LINE OR AN EMERGENCY SERVICE, AND NO ONE IS WATCHING IT AROUND THE CLOCK. IF YOU OR SOMEONE ELSE IS IN DANGER, CALL 911. FOR A MENTAL HEALTH OR SUICIDAL CRISIS, CALL OR TEXT 988. A prayer request may never be seen or answered. Other members are not trained counselors. Nothing on Rise is medical, mental health, legal, financial or professional pastoral advice, and nothing on Rise creates a counseling, clergy or professional relationship.
8. Faith content
Verses suggested by Reflect and the verse of the day are chosen by computer methods and chance. They are offered for personal devotion and are not prophecy, divine guidance or advice for any decision. Scripture quotations are from the World English Bible, which is in the public domain. Views expressed on Rise are those of the members who share them. The Operator does not endorse any church, ministry, doctrine or member.
9. Meeting people and gatherings
Communities and gatherings are created and run by members. The Operator does not organize, supervise, inspect, insure or vouch for any gathering, place or member, and does not run background checks or verify identities. Take sensible care before meeting anyone or sharing personal details. You are solely responsible for your interactions with other members, online and in person, and you assume all risks of them, including the risk of injury, illness, loss or harm.
10. Using Rise properly
Don't misuse Rise. For example, don't try to get into accounts or systems you aren't allowed into, collect other members' information, use bots or scrapers, overload or disrupt Rise, copy or reverse-engineer the app beyond what the law allows, or use Rise to break any law.
11. The app and other services
The Operator gives you a personal, revocable, non-transferable license to use the Rise app on devices you own or control, under these Terms. The Rise app, name, design and software belong to the Operator. Rise links to other services, such as YouTube; they have their own terms, and the Operator is not responsible for them.
12. YOU USE RISE AT YOUR OWN RISK
YOU USE RISE AT YOUR OWN RISK. YOU VOLUNTARILY ASSUME ALL RISKS OF USING RISE AND OF ANY CONTACT WITH OTHER MEMBERS, ONLINE OR IN PERSON. RISE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, SECURITY, AVAILABILITY, OR THAT RISE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT WILL BE PRESERVED.
13. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, THE OPERATOR AND ANYONE WHO HELPS RUN RISE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS, REPUTATION OR GOODWILL, PERSONAL INJURY, EMOTIONAL DISTRESS OR PROPERTY DAMAGE, ARISING OUT OF OR RELATING TO RISE, THESE TERMS, ANY CONTENT, OR THE CONDUCT OF ANY MEMBER OR OTHER PERSON, ONLINE OR OFFLINE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE OPERATOR'S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO RISE WILL NOT EXCEED THE GREATER OF US$50 OR THE AMOUNT YOU PAID THE OPERATOR FOR RISE IN THE 12 MONTHS BEFORE THE CLAIM.
Some states do not allow certain warranties to be excluded or certain liability to be limited, so some of Sections 12 and 13 may not apply to you. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, such as liability for fraud, gross negligence or willful misconduct where the law does not allow it to be limited.
14. Release and indemnity
Disputes between members are between those members. To the fullest extent permitted by law, you release the Operator from all claims, demands and damages of every kind, known and unknown, arising out of or connected with any dispute with another member or with any gathering. If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." Residents of other states waive any similar law.
You will defend, indemnify and hold harmless the Operator from any claims, losses, liabilities and expenses (including reasonable attorneys' fees) arising from your content, your use of Rise, your conduct toward other members, or your breach of these Terms or of any law.
15. Copyright and intimate images
To report copyright infringement, see Copyright. To ask for removal of an intimate image shared without consent, see Reporting intimate images. We close the accounts of repeat infringers.
16. DISPUTES: BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER
16.1 Talk to us first. Before starting any claim, email info@risesocial.site with your name, the email on your account, and a description of the dispute and what you want. We'll both try in good faith to resolve it within 60 days.
16.2 ARBITRATION. IF WE CAN'T RESOLVE IT, YOU AND THE OPERATOR AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO RISE OR THESE TERMS WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION, AND NOT IN COURT, EXCEPT AS SECTION 16.4 ALLOWS. The Federal Arbitration Act governs this Section. The American Arbitration Association (AAA) will administer the arbitration under its Consumer Arbitration Rules, before one arbitrator, by video conference or in the county where you live. Fees are paid as those Rules provide. The arbitrator decides all questions, including whether a dispute must be arbitrated, except that a court decides questions about Section 16.3.
16.3 CLASS ACTION WAIVER. YOU AND THE OPERATOR MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT COMBINE MORE THAN ONE PERSON'S CLAIMS OR AWARD RELIEF TO ANYONE BUT THE INDIVIDUAL PARTY. If this class action waiver is found unenforceable for a claim, that claim must be heard in court and not in arbitration.
16.4 Exceptions. Either party may bring an individual claim in small claims court, and either party may ask a court for an injunction to stop infringement or misuse of intellectual property.
16.5 JURY WAIVER. WHERE A CLAIM IS HEARD IN COURT, YOU AND THE OPERATOR WAIVE ANY RIGHT TO A JURY TRIAL.
16.6 Opting out. You can opt out of arbitration by emailing info@risesocial.site within 30 days of first accepting these Terms, with the subject "Arbitration opt-out" and your name and account email. Opting out doesn't affect any other part of these Terms.
17. Time to bring claims, and governing law
To the extent the law allows, any claim relating to Rise must be brought within one year after it arose, or it is permanently barred. These Terms are governed by the laws of the State of Texas and applicable United States federal law, without regard to conflict-of-law rules. Any matter not subject to arbitration will be heard only in the state or federal courts located in the State of Texas, and you consent to their jurisdiction.
18. Apple and Google
These Terms are between you and the Operator only, not Apple Inc. or Google LLC. The Operator, not Apple, is solely responsible for the Rise app and its content, for any maintenance and support, for any warranty that cannot be disclaimed, and for addressing any claims about the app, including product liability claims, claims that it fails to meet a legal or regulatory requirement, consumer protection or privacy claims, and claims that it infringes someone else's intellectual property. Apple has no obligation to provide maintenance or support. If the app fails to meet a warranty that cannot be disclaimed, you may notify Apple, and Apple will refund the price you paid for the app, if any; to the maximum extent the law allows, Apple has no other warranty obligation. You confirm that you are not in a country subject to a U.S. Government embargo or designated as "terrorist supporting", and that you are not on any U.S. Government list of prohibited or restricted parties. You must also follow the terms of the app store and of your wireless provider. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. The Operator's contact details are at the end of these Terms.
19. Ending, changes and the rest
You can stop using Rise and delete your account at any time in Settings. We may suspend or end your access at any time. Sections 4 (the license until deletion), and 12 to 19 survive. We may change these Terms; when we do, the app will ask you to accept the new version before you continue, and the version number above will change. We may change, suspend or stop Rise, in whole or in part, at any time. These Terms are the whole agreement between you and the Operator about Rise. If any part is unenforceable, the rest still applies. Not enforcing a part is not a waiver. You may not transfer these Terms; the Operator may transfer them, for example to a company that takes over Rise. We may send you notices in the app or by email.
20. Contact
Matthew Perper
c/o Switchyards East Austin, 1408 E 13th St, Austin, TX 78702
info@risesocial.site