Section 1. Website and Services. WorshipSource.com is operated by WorshipSource.com. By usingWorshipSource.com (the “Website”) you agree to be bound by this Terms of UseAgreement (the “Agreement”), whether or not you register as a member on theWebsite. By becoming a member of the Website, you will have access to allservices operated via the Website (collectively, the “Services”).
Section2. Terms of Use; Changes; PrivacyPolicy. This Agreement sets out the legally binding terms for your use of theWebsite and the Services. If you wish to use the Website, become a memberand/or make use of the Services, please read this Agreement and indicate youracceptance by following the instructions provided. WorshipSource.com may changethis Agreement from time to time, and changes will be effective upon posting byWorshipSource.com on the Website. You agree to be bound by changes to thisAgreement when you use the Website or the Services at any time after they areposted. This Agreement includes WorshipSource.com policy for acceptable use andcontent posted on the Website, your rights, obligations and restrictionsregarding your use of the Website and the Services. Use of the Website and theServices is also governed by the privacy policy.
Section3. Right to Remove Materials andRefuse Access. Notwithstanding anything contained in this Agreement,WorshipSource.com reserves the right, in its sole discretion, to reject, refuseto post or remove any posting by you or materials provided by you (including songs,e-mails, etc.), and to restrict, suspend, or terminate your access to all orany part of the Website and/or the Services at any time, for any or no reason,with or without notice to you, and without liability.
Section4. Eligibility. Use of the Websiteand the Services is void where prohibited. By using the Website and theServices, you represent and warrant that all registration information yousubmit is truthful and accurate and that you agree to maintain the accuracy ofsuch information. You further represent and warrant that you are 16 years ofage or older and that your use of the Website and the Services shall notviolate any applicable law or regulation. Your membership is solely for yourpersonal use, and you shall not authorize others to use your account, includingyour profile or e-mail address. You are solely responsible for all contentposted or displayed through your account, including any songs and e-mailmessages, and for your interactions with other members.
Section5. Content Posted on the Site.
(a) You are solelyresponsible for the songs, messages, photos, profiles or other materials(collectively, “Content”) that you publish or display (hereinafter, “post”) onthe Services or transmit to another member. By posting any Content, you herebygrant to WorshipSource.com the non-exclusive, gratis, perpetual worldwidelicense to use, publicly perform and display the Content on the Website. Theforegoing license includes the non-exclusive, gratis, perpetual worldwide rightto use, reproduce and publicly perform each musical composition posted by youand the sound recording that contains the musical composition, including theright to offer streams, downloads and printed sheet music of each musicalcomposition The foregoing license will terminate at the time you remove theContent concerned from the Website. You represent and warrant that:
(i)you are the soleauthor of and own all rights in all of the Content posted by you on the Website(including any musical composition and related sound recording) or an agentrepresenting on the previously mentioned position,
(ii)your Content doesnot violate the privacy rights, publicity rights, copyright rights, or otherintellectual property rights of any person,
(iii) you have obtainedall necessary licenses, consents and approvals and will pay all royalties orfees (including, in the case of musical compositions, mechanical andsynchronization license fees) required to be obtained or paid in connectionwith the use of your Content on the Website.
(d) You understand andagree that WorshipSource.com may review and delete any Content for any reasonor no reason. The following is a partial list of the kind of Content that isprohibited on the Website. WorshipSource.com reserves the right to investigateand take appropriate legal action in its sole discretion against anyone whoviolates this provision, including without limitation, removing the offendingcommunication from the Website and terminating the membership of suchviolators. . If you become aware of misuse of the WorshipSource.com Services byany person, please contact us at info@worshipsource.com or click on the"Flag As Offensive” link at the bottom of any WorshipSource.com page.Prohibited Content includes Content that:
(i) is offensive tostandards of Christian conduct;
(ii) is derogatory,excessively critical or harasses or advocates harassment of another person;
(iii) involves thetransmission of “junk mail”, “chain letters,” or unsolicited mass mailing or“spamming”;
(iv) promotesinformation that you know is false or misleading or promotes illegal activitiesor conduct that is abusive, threatening, obscene, defamatory or libelous;
(v) provides or promotesan illegal or unauthorized copy of another person’s copyrighted work (includingany copy of a musical composition or sound recording and including piratedmusic or any links to pirated music files);
(vi) contains restrictedor password only access pages or hidden pages or images (those not linked to orfrom another accessible page);
(vii) provides materialthat exploits people under the age of 18 in an inappropriate manner, orsolicits personal information from anyone under 18;
(viii) providesinstructional information about illegal activities such as making or buyingillegal weapons, violating someone’s privacy, or providing or creating computerviruses;
(ix) solicits passwordsor personal identifying information for commercial or unlawful purposes fromother users;
(x) involves commercialactivities and/or sales without our prior written consent such as contests,sweepstakes, barter, advertising, or pyramid schemes; or
(xi) uses sexuallysuggestive imagery or any other unfair, misleading or deceptive contentintended to draw traffic to a profile.
(e) You must use theServices in a manner consistent with any and all applicable laws andregulations.
(f) You may notinclude any telephone numbers, street addresses, , URLs or e-mail addresses ininformation that is generally available to users of the Website or Servicemembers (including in information posted on any public message board).
(g) You may notengage in advertising to, or solicitation of, any member to buy or sell anyproducts or services through the Services. You may not transmit any chainletters or junk e-mail to other members. Although WorshipSource.com cannotmonitor the conduct of its members off the Website, it is also a violation ofthese rules to use any information obtained from the Website or the Services inorder to harass, abuse or harm another person, or in order to contact,advertise to, solicit or sell to any member without their prior explicitconsent. In order to protect our members from such advertising or solicitation,WorshipSource.com reserves the right to restrict the number of e-mails which amember may send to other members in any 24-hour period to a number whichWorshipSource.com deems appropriate in its sole discretion.
(h) You may not coveror obscure the banner advertisements on your personal profile page or anyWebsite page via HTML/CSS or any other means.
(i) Any automated useof the system, such as using scripts, is prohibited.
(j) You may notattempt to impersonate another user or person who is not a member of theWebsite.
(k) You may not usethe account, username, or password of another member at any time nor may youdisclose your password to any third party or permit any third party to accessyour account.
(m) You may not sellor otherwise transfer your profile.
Section6. Term/Fees. This Agreement shallremain in full force and effect while you use the Website, the Services, and/orare a member. You may terminate your membership at any time, for any reason byfollowing the instructions on the member account page. WorshipSource.com mayterminate your membership for any reason at any time, with or without notice toyou. Even after membership is terminated for any reason, this Agreement willremain in effect. By using the Services and by becoming a member, youacknowledge that WorshipSource.com reserves the right in the future to charge afee for the Services. If WorshipSource.com terminates your Membership becauseyou have breached the Agreement, you shall not be entitled to the refund of anyunused portion of subscription fees.
Section7. Non-Commercial Use by Members.The Website is for the personal use of members only and may not be used in connectionwith any commercial endeavors except those that are specifically endorsed orapproved by the management of WorshipSource.com in writing. Illegal and/orunauthorized use of the Website, including collecting usernames and/or e-mailaddresses of members by electronic or other means for the purpose of sendingunsolicited e-mail or unauthorized framing of or linking to the Website will beinvestigated. Commercial advertisements, affiliate links, and other forms ofsolicitation may be removed from member profiles without notice and may resultin termination of membership privileges. Appropriate legal action will be takenby WorshipSource.com for any illegal or unauthorized use of the Website or theServices.
Section8. Proprietary Rights in Contenton Website. WorshipSource.com does not claim any ownership rights in the text,files, images, photos, video, sounds, musical works, works of authorship, orany other materials (collectively, "Content") that you post to theWorshipSource.com Services. After posting your Content to the WorshipSource.comServices, you continue to retain all ownership rights in such Content, and youcontinue to have the right to use your Content in any way you choose. Bydisplaying or publishing ("posting") any Content on or through theWorshipSource.com Services, you hereby grant to WorshipSource.com a limitedlicense to use, modify, publicly perform, publicly display, reproduce, anddistribute such Content solely on and through the WorshipSource.com Services.
Section9. Member Disputes. You are solelyresponsible for your interactions with other members. WorshipSource.comreserves the right, but has no obligation, to monitor disputes between you andother members.
Section10. Disclaimers. WorshipSource.comis not responsible for any incorrect or inaccurate Content posted on theWebsite or in connection with the Services provided, whether caused by users ofthe Website, members or by any of the equipment or programming associated withor utilized in the Services. WorshipSource.com is not responsible for theconduct, whether online or offline, of any user of the Website or member of theServices. WorshipSource.com assumes no responsibility for any error, omission,interruption, deletion, defect, delay in operation or transmission,communications line failure, theft or destruction or unauthorized access to, oralteration of, any user or member communication. WorshipSource.com is notresponsible for any problems or technical malfunction of any telephone networkor lines, computer online systems, servers or providers, computer equipment,software, failure of any e-mail or players due to technical problems or trafficcongestion on the Internet or at any website or combination thereof, includingany injury or damage to users and/or members or to any person’s computerrelated to or resulting from participation or downloading materials inconnection with the Website and/or in connection with the Services. Under nocircumstances shall WorshipSource.com be responsible for any loss or damage,including personal injury or death, resulting from use of the Website or theServices or from any Content posted on the Website or transmitted to members,or any interactions between users of the Website, whether online or offline.The Website and the Services are provided “as is,” and WorshipSource.comexpressly disclaims any warranty of fitness for a particular purpose ornon-infringement. WorshipSource.com cannot guarantee and does not promise anyspecific results from use of the Website and/or the Services.
Section11. Limitation on Liability. IN NOEVENT SHALL WorshipSource.com BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANYINDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES,INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR THESERVICES, EVEN IF MYRRH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MYRRH’S S LIABILITYTO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILLAT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO WORSHIPSOURCE.COM FORTHE SERVICES DURING THE TERM OF MEMBERSHIP.
Section12. Intellectual Property Policy.It is the policy of WorshipSource.com to terminate membership privileges of anymember who we determine has infringed any other person’s intellectual propertyrights. Without limiting the foregoing, if you believe that your work has beencopied and posted on the Website in a way that constitutes copyrightinfringement, please provide WorshipSource.com (at the address below) with thefollowing information: an electronic or physical signature of the personauthorized to act on behalf of the owner of the copyright interest; adescription of the copyrighted work that you claim has been infringed; adescription of where the material that you claim is infringing is located onthe Website; your address, telephone number, and e-mail address; a writtenstatement by you that you have a good faith belief that the disputed use is notauthorized by the copyright owner, its agent, or the law; a statement by you,made under penalty of perjury, that the above information in your notice isaccurate and that you are the copyright owner or authorized to act on thecopyright owner’s behalf. WorshipSource.com’s address for of claims ofcopyright infringement is as follows: Word Entertainment LLC, Attn:WorshipSource.com Administrator, 25 Music Square West, Nashville, TN 37203.
Section13. Disputes. This Agreement, andyour use of the Website and the Services, will be governed by and construed inaccordance with Tennessee law, without regard to its conflict of law rules; anyaction or proceeding arising from or relating to this Agreement or your use ofthe Website or the Services may be brought against any of the parties only inthe courts of the State of Tennessee, Davidson County, and each of the partiesconsents to the jurisdiction of such courts for such purpose.
Section14. Indemnity. You agree toindemnify and hold us harmless from and against any loss, liability, damage,cost and expense (including, without limitation, court costs and reasonableattorneys’ fees) in connection with any claim, demand or action by a thirdparty arising from or relating to a breach or alleged breach of yourrepresentations, warranties, covenants or agreements contained in thisAgreement or that is inconsistent with any of your representations, warranties,covenants or agreements contained in this Agreement.
Section15. Offline Events. By participatingin any offline WorshipSource.com event, you agree to release and holdWorshipSource.com harmless from any and all losses, damages, rights, claims,and actions of any kind including, without limitation, personal injuries,death, and property damage, either directly or indirectly related to or arisingfrom your participation in the event.
Section16. Other. This Agreement isaccepted upon your use of the Website and is further affirmed by you becoming amember of the Services. This Agreement constitutes the entire agreement betweenyou and WorshipSource.com regarding the use of the Website and the Services.The failure of WorshipSource.com to exercise or enforce any right or provisionof this Agreement shall not operate as a waiver of such right or provision. Thesection titles in this Agreement are for convenience only and have no legal orcontractual effect. Please contact us with any questions regarding thisAgreement. WorshipSource.com is a trademark of Word Entertainment LLC adivision of Warner Music Group.
