| Terms of Service |
MUSICNET & Ways and Means GospelDepot Unlimited TERMS OF SERVICE
1. ACCEPTANCE OF TERMS MusicNet, Inc. ("MusicNet"), in conjunction with Ways and Means Entertainment, LLC. ("Ways and Means"), provides this music and video service, GospelDepot Unlimited, to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. In addition, when using GospelDepot Unlimited or other MusicNet or Ways and Means owned or operated services, you, Ways and Means and MusicNet shall be subject to the TOS and any posted guidelines, or rules applicable to the Service, which may be posted and updated from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS BY YOU ARE NOT ACCEPTABLE, AND MUSICNET MAY REFUSE ACCESS TO THE SERVICE FOR NONCOMPLIANCE WITH ANY PART OF THESE TOS. THESE TOS ARE IN ADDITION TO ANY AGREEMENT BETWEEN YOU AND ANY OTHER ENTITY. 2. DESCRIPTION OF SERVICE At MusicNet's and Ways and Means's discretion, GospelDepot Unlimited may contain both the Subscription Service and the Permanent Download Service (the Subscription Service and Permanent Download Service is sometimes referred to collectively or individually as, the "Service") You understand that the Service, and products accessed through the Service, such as Content, and the Software, includes a security framework using technology that is designed to protect digital information and limits your access and use of Content (as defined below) according to certain usage licensing rules established by MusicNet and its licensors and will govern your rights with respect to that Content ("Usage Rules"). You agree to comply with such Usage Rules, as further outlined below, or as set forth in FAQ, and you agree not to violate the Usage Rules or attempt to violate any security components of the Service, Content or Software. You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever. Usage Rules may be controlled and compliance with Usage Rules may be monitored by MusicNet and/or its licensors, and MusicNet and its licensors reserve the right to enforce the Usage Rules with or without notice to you. You will not access or use the Service by any means other than through the Software that is provided by MusicNet for accessing the Service. You agree not to modify the Software or Content in any manner or form, or to use modified versions of the Software, for any purposes including obtaining unauthorized access to the Service. Violations of system or network security, including without limitation the Usage Rules, may result in civil or criminal liability. Such rules and policies will be applied generally in a nondiscriminatory manner to users of the Service and Software, and may include, for example, required or automated updates, modifications, and/or reinstallations of the Software and obtaining available patches to address security, interoperability, and/or performance issues. Failure to permit such automated updates, modifications and/or reinstallations may result in interruption or termination of the Service without notice to you. On occasion, technical problems may delay or prevent delivery of Content or otherwise interrupt or limit your access to Content. Your exclusive and sole remedy with respect to Content that is not delivered or otherwise accessible within a reasonable period will be either replacement of such Content or a refund on a pro rata basis, as determined by MusicNet. 3. THE SUBSCRIPTION SERVICE a. Description. The Subscription Service is a digital music service offered to you for a monthly fee which, when paid, will enable you to engage in unlimited on-demand streaming (either by listening to any of the full songs or 30-second samples from the available catalog as many times as you choose for personal non-commercial use ("On-Demand Streams")). The Subscription Service also enables unlimited conditional downloading (downloading of Content to your hard drive) which may be accessed by you for personal non-commercial use for the duration of your subscription, meaning, as long as you keep paying the monthly subscription fee, you will have the ability to continue to download such Content to your hard drive and be able to listen to your library of conditional downloads as many times as you choose ("Conditional Downloads"). Finally, the Subscription Service may allow access to certain radio stations. Access to On-Demand Streams, Conditional Downloads and radio is subject to a monthly renewal of your rights (as provided in subsection (b) below). b. Usage Rules for the Subscription Service. You may copy each Conditional Download to up to two additional personal computers or to two compatible devices that you own (i.e. a total of 3 copies) provided such devices adhere to the Usage Rules and security requirements, as may be established by MusicNet and/or its licensors from time-to-time. If you wish to transfer Conditional Downloads to portable devices, additional fees may be assessed as provided on the Sonic Tab Service and subject to change without notice from time-to-time. If you wish to burn Conditional Downloads to CDs you will need to pay for them as Permanent Downloads (per the terms described below). You may not record or redistribute On-Demand Streams. Subject to the next sentence, MusicNet will renew your rights to all of your Conditional Downloads so long as your subscription remains current (i.e., as long as you keep paying the monthly subscription fee). This means that in order to play any Conditional Download, you must log on to the Service at least once every month so that MusicNet can renew your rights for that Content. c. Subscription Service Fees. By completing the Subscription Service registration, you authorize MusicNet to charge you the recurring subscription fee to your designated credit card. Payment for the Subscription Service occurs on a pre-pay basis. Monthly subscribers are billed on a 30-day cycle, which begins upon Subscription Service registration (or at the end of a limited free trial period, if applicable to a promotion that you joined through). The original credit card you used for subscription will be automatically charged each month on the anniversary date of your first billing cycle date, by default 14 days after your initial registration. All subscription fees are subject to change on a prospective basis upon notice from MusicNet. If you do not accept the new fees, you should terminate your subscription immediately. You may be required to provide a credit card number to register for a free trial offer to the Subscription Service. In that event, you agree that MusicNet may obtain a pre-authorization for the fee amount that you will be charged if you complete the free trial and continue with your subscription to the Service. It is possible that some financial institutions may perceive these requested amounts as actual pending charges. These are not actual charges however, and MusicNet will not be responsible for any results, such as an overdraft fee, that may occur to your account because of them. You will have the ability to cancel your Subscription Service at any time. Any such cancellation will result in the termination of your ability to access the Subscription Service at the end of the then-current free trial period or term for which you have paid, as applicable. If you cancel your Subscription Service before the end of the period for which you paid, you will not receive a refund. Also read the Section 3 below for more information about billing and payment. d. Termination of the Subscription Service. If (a) your credit card is invalid for any reason, (b) you charge back to your credit card the fees due under these TOS, (c) it appears you have engaged in cheating or manipulation of the Subscription Service, OR (d) MusicNet or Ways and Means otherwise believes you have acted inconsistently with the spirit or letter of these TOS, then, your Subscription Service account will be suspended or cancelled immediately and all the information contained within it will immediately become inaccessible. MusicNet may, but has no duty to, immediately terminate the Subscription Service if MusicNet in its sole discretion concludes that you have provided false information in connection with your registration. Neither MusicNet nor Ways and Means accepts any liability for information (whether or not related to the Service or Software) that is deleted or otherwise impacted due to termination. If your Subscription Service account is cancelled pursuant to this provision, you will not receive a refund. Furthermore, if you cancel your Subscription Service for any reason, neither MusicNet nor Ways and Means will refund your subscription fee, but you will continue to have the rights to the Content for the period through which you have paid. 4. PERMANENT DOWNLOAD OF CONTENT a. Description. The Permanent Download Service is the Service which provides Content (as defined below) which is capable of being downloaded to and stored on the hard drive of your computer and then transferred, burned or copied, solely for personal, noncommercial use subject to the terms and conditions below ("Permanent Downloads"). b. Usage Rules for Permanent Downloads. You may burn each playlist of Permanent Downloads to a CD up to seven times as part of any particular playlist of songs. A "playlist" is a discrete group of Permanent Downloads that are arranged together in a particular order. You may burn a single Permanent Download to a CD an unlimited number of times. Once you have burned a Permanent Download to a CD, you agree not to copy, distribute, or transfer the track from that CD to any other media or device. You may copy each Permanent Download to up to five personal computers. You may transfer a Permanent Download an unlimited number of times to compatible portable devices that adhere to the Usage Rules and security requirements. Once you have transferred a Permanent Download to a compatible portable device, you agree not to copy, distribute, or transfer it from that device to any other media or device. c. Permanent Download Fees. Permanent Downloads may be purchased individually, collectively as albums, or, in some cases, only in the form of an album. However, each purchase of a Permanent Download shall be deemed a final, nonrefundable sale. You do not need to be a subscriber to the Subscription Service in order to buy Permanent Downloads. The charges for Permanent Downloads are indicated on the Sonic Tab Service with respect to each Permanent Download, whether sold individually or as part of an album. All payments for Permanent Downloads (including any applicable taxes) must be made by credit card. Prices for Permanent Downloads are subject to change without notice. See Section 3, below, for additional information about billing and payment. MusicNet reserves the right to modify the above-described Usage Rules at any time. You acknowledge and agree that some Content includes security technology, which is an inseparable part of that Content. Administering the Usage Rules entails the ongoing involvement of and/or monitoring by MusicNet and/or its licensors. Accordingly, in the event that MusicNet or any of its licensors changes any part of the Service or discontinues the Service (or any part thereof), which MusicNet or its licensors may do at their election, you acknowledge that you may no longer be able to use Content to the same extent as prior to such change or discontinuation, and that MusicNet shall not have any liability to you in such case. Availability of any Content is subject to change at any time. You agree that your streaming and downloading of Content and use of information related to the Content is further acknowledgement of your acceptance of and agreement to use such Content solely in accordance with the applicable Usage Rules, and that any other use of the Content will constitute a breach of these TOS and may constitute a violation of law, including copyright infringement. 5. PAYMENT MusicNet may, at its option, bill your credit card at the time of each purchase or transaction you make, or we may wait until you have made multiple purchases or transactions before billing your credit card. You must keep your billing information up to date by clicking on "My Account" and then "Update Billing Information." 6. YOUR REGISTRATION OBLIGATIONS In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MusicNet has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MusicNet has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). MusicNet is concerned about the safety and privacy of all its users, particularly children. For this reason, The Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you must review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand and agree to these terms and conditions. Please remember that the Service is designed to appeal to a broad audience. Accordingly it is the legal guardian's or parent's responsibility to determine whether any of the Service areas or content are appropriate for your child. 7. MUSICNET PRIVACY POLICY Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see the full GospelDepot Unlimited Privacy Policy. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by MusicNet and its affiliates and Ways and Means, Inc. 8. MEMBER ACCOUNT, PASSWORD AND SECURITY You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify MusicNet of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Neither Ways and Means nor MusicNet can or will be liable for any loss or damage arising from your failure to comply with this Section 8. 9. MEMBER CONDUCT You understand that all information, data, text, Software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. You understand that this includes your Content, if applicable. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content. Under no circumstances will MusicNet or Ways and Means be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You agree to not use the Service to: a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; b. harm minors in any way; c. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; i. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; j. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; k. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; l. "stalk" or otherwise harass another; m. change or manipulate any Permanent Downloads, Conditional Downloads or On Demand Streams, or any artwork or data associated therewith, other than as expressly permitted by these TOS; and/or n. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above. You acknowledge, consent and agree that MusicNet or its designees may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Ways and Means, MusicNet, their users and the public. You understand that the technical processing and transmission of the Service, including Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Service and Software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by MusicNet and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited. 10. SYSTEM REQUIREMENTS Use of the Service requires a compatible device, Internet access (fees may apply), operating systems and certain Software (as defined below), or hardware, and may require obtaining updates or upgrades from time to time. Because use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Service is not part of any other product or offering, and obtaining of any other product shall not be construed to represent or guarantee you access to the Service. Once Content (as defined above) is accessed and you receive the Content, it is your responsibility not to lose, destroy, or damage the Content, and MusicNet and Ways and Means shall be without liability to you in the event of any loss, destruction, or damage. 11. TERRITORY The Service is currently available only in the 50 United States, the District of Columbia, U.S. Military Bases worldwide and Puerto Rico ("Territory") and is not available in any other location. You agree not to use or attempt to use the Service from outside of the Territory, and that MusicNet and/or its licensors may use technologies to verify your compliance. 12. INTERSTATE NATURE OF COMMUNICATIONS ON MUSICNET NETWORK When you register with MusicNet, you acknowledge that in using MusicNet services to send electronic communications (including registration, payment, search queries, and other Internet activities), you will be causing communications to be sent through MusicNet's computer networks, which are located in various locations in the United States, including the State of Washington. As a result, and also as a result of MusicNet's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to these TOS, you acknowledge that use of the Service results in interstate data transmissions. 13. SPECIAL ADMONITIONS FOR INTERNATIONAL USE Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. 14. INDEMNITY AND WAIVER You agree to indemnify and hold Ways and Means and MusicNet, and their respective subsidiaries, affiliates, officers, agents, employees, partners and licensors, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, your violation of any rights of another, any action taken by MusicNet or its licensors as part of their investigation of a suspected violation of these TOS or as a result of MusicNet's finding or decision that a violation of these TOS has occurred. YOU HEREBY WAIVE ANY RIGHT TO SUE OR RECOVER ANY DAMAGES FROM MUSICNET, Ways and Means, THEIR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, FRANCHISEES AND LICENSORS AS A RESULT OF MUSICNET'S DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF MUSICNET'S CONCLUSION THAT A VIOLATION OF THESE TOS MAY HAVE OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THESE TOS. 15. NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your ID), use of the Service, or access to the Service. 16. GENERAL PRACTICES REGARDING REMOVAL OF CONTENT OR PRODUCTS FROM THE SERVICE Notwithstanding any other provision of these TOS, MusicNet and its licensors reserve the right to change, suspend, remove, or disable access to any products, Content, or other materials comprising a part of the Service or GospelDepot Unlimited at any time without notice. In no event will such parties be liable for the removal of or disabling of access to any such products, Content or materials under these TOS. MusicNet and its licensors may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability. You agree that neither Ways and Means nor MusicNet has responsibility or liability for the deletion or failure to store any communications or other Content maintained or transmitted by the Service. 17. MODIFICATIONS TO SERVICE MusicNet, in consultation with Ways and Means, reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that neither MusicNet nor Ways and Means shall be liable to you or to any third party for any modification, suspension or discontinuance of the Service. 18. TERMINATION You agree that MusicNet, may, under certain circumstances and without prior notice, immediately terminate your GospelDepot Unlimited account and access to the Service. Cause for such termination shall include, but not be limited to, (a) your failure, or suspected failure, to comply with any of the provisions of these TOS, including violation of the Usage Rules or any license to the Software, (b) if you have distributed your password or account information to any third party, (c) you have engaged in conduct that is inconsistent with the best interests of MusicNet or its licensors, (d) requests by law enforcement or other government agencies, (e) a request by you (self-initiated account deletions), (f) discontinuance or material modification to the Service (or any part thereof), (g) unexpected technical or security issues or problems, (h) engagement by you in fraudulent or illegal activities, and/or (i) nonpayment of any fees owed by you in connection with the Service. Termination of your GospelDepot Unlimited account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in MusicNet's sole discretion and that neither MusicNet nor Ways and Means shall be liable to you or any third party for any termination of your account or access to the Service. Furthermore, MusicNet reserves the right, with or without notice to you, to (i) terminate these TOS and/or preclude access to the Service (or any part thereof including without limitation any Content or Software downloaded in connection therewith), if you are suspected of any of the violations in the previous paragraph. MusicNet reserve the right to take steps it believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these TOS (including but not limited to automated monitoring of compliance, MusicNet's right to cooperate with any legal process relating to your use of the Service, and/or a third party claim that your use of the Service is unlawful and/or infringes such third party's rights) MusicNet reserves the right to modify, suspend, or discontinue the Service (or any part thereof, including without limitation access to any of the Content) at any time with or without notice to you, and MusicNet will not be liable to you or to any third party should MusicNet exercise such rights. The Service is controlled and operated by MusicNet from their offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service 19. DEALINGS WITH ADVERTISERS Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that neither MusicNet nor Ways and Means shall be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. 20. LINKS The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because MusicNet and Ways and Means have no control over such sites and resources, you acknowledge and agree that MusicNet and Ways and Means are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that MusicNet and Ways and Means shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. 21. MUSICNET'S PROPRIETARY RIGHTS You acknowledge and agree that the Service and any software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. As between you on one hand and MusicNet on the other hand, you acknowledge that MusicNet is the owner of all Software. You further acknowledge and agree that Content contained in the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by MusicNet, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Your use of the Software is also subject to the Software's applicable software licenses that you agree to before use of that Software. The use of the Software or any part of the Service, except for use of the Service as expressly permitted in these Terms of Service, is strictly prohibited and any non-permitted use infringes on the intellectual property rights of others (including MusicNet and its licensors) and may subject you to civil and/or criminal penalties, including possible monetary damages, for copyright infringement. 22. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MUSICNET, Ways and Means AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS 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 AND NON-INFRINGEMENT. b. MUSICNET, Ways and Means AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MUSICNET OR Ways and Means OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. e. FROM TIME TO TIME MUSICNET MAY REMOVE OR OTHERWISE LIMIT ACCESS TO THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. f. NEITHER MUSICNET NOR ITS LICENSORS REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND MUSICNET AND Ways and Means DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM 23. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT MUSICNET, Ways and Means AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MUSICNET AND Ways and Means HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. MUSICNET SHALL USE REASONABLE EFFORTS TO PROTECT PERSONAL INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF ANY INFORMATION IS AT YOUR SOLE RISK, AND TO THE MAXIMUM AMOUNT PERMITTED BY LAW, MUSICNET HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. 24. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 22 AND 23 MAY NOT APPLY TO YOU. 25. NO THIRD-PARTY BENEFICIARIES You agree that, except as otherwise expressly provided in these TOS, there shall be no third-party beneficiaries to this agreement. 26. NOTICE MusicNet or Ways and Means may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service. Such notices may contain the Ways and Means or GospelDepot Unlimited brands or other brands owned or controlled by Ways and Means. 27. TRADEMARK INFORMATION The names and trademarks MUSICNET, MusicNet logo, PERFORMANCE BY MUSICNET and other trademarks and service marks and MusicNet logos and product and service names are trademarks of MusicNet and its affiliates (the "MusicNet Marks"). Without MusicNet's prior permission, you agree not to display or use in any manner the MusicNet Marks. The names and trademarks GospelDepot Unlimited, Ways and Means, Ways and Means logo, and other trademarks and service marks and Ways and Means logos and product and service names are trademarks of Ways and Means and its affiliates (the "Ways and Means Marks"). Without Ways and Means's prior permission, you agree not to display or use in any manner the Ways and Means Marks. 28. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT MusicNet and Ways and Means respect the intellectual property of others, and we ask our users to do the same. MusicNet, in consultation with Ways and Means, may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide MusicNet the following information: 1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2. a description of the copyrighted work or other intellectual property that you claim has been infringed; 3. a description of where the material that you claim is infringing is located on the Service; 4. your address, telephone number, and email address; 5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 6. a statement by you, made under penalty of perjury, that the above information in your notice to MusicNet is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. MusicNet's address for notice of claims of copyright or other intellectual property infringement is as follows:
By mail:
By phone: 212-704-0280 29. GENERAL INFORMATION Entire Agreement. The TOS, together with all of Ways and Means's and MusicNet's rules and policies, as each is updated from time to time, constitutes the entire agreement between you, Ways and Means and MusicNet and governs your use of the Service, superseding any prior agreements between you, Ways and Means and MusicNet with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Ways and Means or MusicNet services, affiliate services, third-party content or third-party software. You are also subject to the GospelDepot Unlimited Privacy Policy. Choice of Law and Forum. The TOS and the relationship between you, Ways and Means and MusicNet shall be governed by the laws of the State of New York without regard to its conflict of law provisions. Your use of the Service may also be subject to other local, state, national, or international laws. You, Ways and Means and MusicNet agree to submit to the personal and exclusive jurisdiction of the courts located within the county of New York, New York. Waiver and Severability of Terms. The failure of MusicNet or Ways and Means to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS remain in full force and effect. No Right of Survivorship and Non-Transferability. You agree that your account is non-transferable and any rights to your ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect. 30. VIOLATIONS Please report any violations of the TOS to MusicNet's legal group at Legal@MusicNet.com. 31. CHANGES MusicNet reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify these TOS and to impose new or additional rules, policies, terms, or conditions on your use of the Service (all together "Modified Terms"). Such Modified Terms will be effective immediately and incorporated into these TOS. Your continued use of the Service will be deemed to constitute your acceptance of any and all such Modified Terms. All Modified Terms are hereby incorporated into these TOS by this reference. These TOS were last updated in January 2008. |