Section 1. Website and Services. WorshipSource.com is operated by WorshipSource.com. By using WorshipSource.com (the “Website”) you agree to be bound by this Terms of Use Agreement (the “Agreement”), whether or not you register as a member on the Website. By becoming a member of the Website, you will have access to all services operated via the Website (collectively, the “Services”).
Section 2. Terms of Use; Changes; Privacy Policy. This Agreement sets out the legally binding terms for your use of the Website and the Services. If you wish to use the Website, become a member and/or make use of the Services, please read this Agreement and indicate your acceptance by following the instructions provided. WorshipSource.com may change this Agreement from time to time, and changes will be effective upon posting by WorshipSource.com on the Website. You agree to be bound by changes to this Agreement when you use the Website or the Services at any time after they are posted. This Agreement includes WorshipSource.com policy for acceptable use and content posted on the Website, your rights, obligations and restrictions regarding your use of the Website and the Services. Use of the Website and the Services is also governed by the privacy policy.
Section 3. Right to Remove Materials and Refuse Access. Notwithstanding anything contained in this Agreement, WorshipSource.com reserves the right, in its sole discretion, to reject, refuse to 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 or any 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.
Section 4. Eligibility. Use of the Website and the Services is void where prohibited. By using the Website and the Services, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that you are 16 years of age or older and that your use of the Website and the Services shall not violate any applicable law or regulation. Your membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or e-mail address. You are solely responsible for all content posted or displayed through your account, including any songs and e-mail messages, and for your interactions with other members.
Section 5. Content Posted on the Site.
(a) You are solely responsible for the songs, messages, photos, profiles or other materials (collectively, “Content”) that you publish or display (hereinafter, “post”) on the Services or transmit to another member. By posting any Content, you hereby grant to WorshipSource.com the non-exclusive, gratis, perpetual worldwide license to use, publicly perform and display the Content on the Website. The foregoing license includes the non-exclusive, gratis, perpetual worldwide right to use, reproduce and publicly perform each musical composition posted by you and the sound recording that contains the musical composition, including the right to offer streams, downloads and printed sheet music of each musical composition The foregoing license will terminate at the time you remove the Content concerned from the Website. You represent and warrant that:
(i)you are the sole author 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 agent representing on the previously mentioned position,
(ii)your Content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person,
(iii) you have obtained all necessary licenses, consents and approvals and will pay all royalties or fees (including, in the case of musical compositions, mechanical and synchronization license fees) required to be obtained or paid in connection with the use of your Content on the Website.
(d) You understand and agree that WorshipSource.com may review and delete any Content for any reason or no reason. The following is a partial list of the kind of Content that is prohibited on the Website. WorshipSource.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Website and terminating the membership of such violators. . If you become aware of misuse of the WorshipSource.com Services by any 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 to standards of Christian conduct;
(ii) is derogatory, excessively critical or harasses or advocates harassment of another person;
(iii) involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
(iv) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(v) provides or promotes an illegal or unauthorized copy of another person’s copyrighted work (including any copy of a musical composition or sound recording and including pirated music or any links to pirated music files);
(vi) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
(vii) provides material that exploits people under the age of 18 in an inappropriate manner, or solicits personal information from anyone under 18;
(viii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
(ix) solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(x) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
(xi) uses sexually suggestive imagery or any other unfair, misleading or deceptive content intended to draw traffic to a profile.
(e) You must use the Services in a manner consistent with any and all applicable laws and regulations.
(f) You may not include any telephone numbers, street addresses, , URLs or e-mail addresses in information that is generally available to users of the Website or Service members (including in information posted on any public message board).
(g) You may not engage in advertising to, or solicitation of, any member to buy or sell any products or services through the Services. You may not transmit any chain letters or junk e-mail to other members. Although WorshipSource.com cannot monitor the conduct of its members off the Website, it is also a violation of these rules to use any information obtained from the Website or the Services in order to harass, abuse or harm another person, or in order to contact, advertise to, solicit or sell to any member without their prior explicit consent. In order to protect our members from such advertising or solicitation, WorshipSource.com reserves the right to restrict the number of e-mails which a member may send to other members in any 24-hour period to a number which WorshipSource.com deems appropriate in its sole discretion.
(h) You may not cover or obscure the banner advertisements on your personal profile page or any Website page via HTML/CSS or any other means.
(i) Any automated use of the system, such as using scripts, is prohibited.
(j) You may not attempt to impersonate another user or person who is not a member of the Website.
(k) You may not use the account, username, or password of another member at any time nor may you disclose your password to any third party or permit any third party to access your account.
(m) You may not sell or otherwise transfer your profile.
Section 6. Term/Fees. This Agreement shall remain in full force and effect while you use the Website, the Services, and/or are a member. You may terminate your membership at any time, for any reason by following the instructions on the member account page. WorshipSource.com may terminate your membership for any reason at any time, with or without notice to you. Even after membership is terminated for any reason, this Agreement will remain in effect. By using the Services and by becoming a member, you acknowledge that WorshipSource.com reserves the right in the future to charge a fee for the Services. If WorshipSource.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
Section 7. Non-Commercial Use by Members. The Website is for the personal use of members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of WorshipSource.com in writing. Illegal and/or unauthorized use of the Website, including collecting usernames and/or e-mail addresses of members by electronic or other means for the purpose of sending unsolicited e-mail or unauthorized framing of or linking to the Website will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken by WorshipSource.com for any illegal or unauthorized use of the Website or the Services.
Section 8. Proprietary Rights in Content on Website. WorshipSource.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the WorshipSource.com Services. After posting your Content to the WorshipSource.com Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the WorshipSource.com Services, you hereby grant to WorshipSource.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the WorshipSource.com Services.
Section 9. Member Disputes. You are solely responsible for your interactions with other members. WorshipSource.com reserves the right, but has no obligation, to monitor disputes between you and other members.
Section 10. Disclaimers. WorshipSource.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Services provided, whether caused by users of the Website, members or by any of the equipment or programming associated with or utilized in the Services. WorshipSource.com is not responsible for the conduct, whether online or offline, of any user of the Website or member of the Services. 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, or alteration of, any user or member communication. WorshipSource.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or players due to technical problems or traffic congestion on the Internet or at any website or combination thereof, including any injury or damage to users and/or members or to any person’s computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Services. Under no circumstances shall WorshipSource.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the Services 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.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. WorshipSource.com cannot guarantee and does not promise any specific results from use of the Website and/or the Services.
Section 11. Limitation on Liability. IN NO EVENT SHALL WorshipSource.com BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR THE SERVICES, EVEN IF MYRRH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MYRRH’S S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO WORSHIPSOURCE.COM FOR THE SERVICES DURING THE TERM OF MEMBERSHIP.
Section 12. Intellectual Property Policy. It is the policy of WorshipSource.com to terminate membership privileges of any member who we determine has infringed any other person’s intellectual property rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide WorshipSource.com (at the address below) with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and e-mail address; a written 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; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. WorshipSource.com’s address for of claims of copyright infringement is as follows: Word Entertainment LLC, Attn: WorshipSource.com Administrator, 25 Music Square West, Nashville, TN 37203.
Section 13. Disputes. This Agreement, and your use of the Website and the Services, will be governed by and construed in accordance with Tennessee law, without regard to its conflict of law rules; any action or proceeding arising from or relating to this Agreement or your use of the Website or the Services may be brought against any of the parties only in the courts of the State of Tennessee, Davidson County, and each of the parties consents to the jurisdiction of such courts for such purpose.
Section 14. Indemnity. You agree to indemnify and hold us harmless from and against any loss, liability, damage, cost and expense (including, without limitation, court costs and reasonable attorneys’ fees) in connection with any claim, demand or action by a third party arising from or relating to a breach or alleged breach of your representations, warranties, covenants or agreements contained in this Agreement or that is inconsistent with any of your representations, warranties, covenants or agreements contained in this Agreement.
Section 15. Offline Events. By participating in any offline WorshipSource.com event, you agree to release and hold WorshipSource.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 arising from your participation in the event.
Section 16. Other. This Agreement is accepted upon your use of the Website and is further affirmed by you becoming a member of the Services. This Agreement constitutes the entire agreement between you and WorshipSource.com regarding the use of the Website and the Services. The failure of WorshipSource.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement. WorshipSource.com is a trademark of Word Entertainment LLC.
