UNIVERSE OF FAITH MUSIC PUBLISHING COMPANY, INC.
TERMS OF USE
LAST UPDATED: This document was last updated on
November 1, 2010.
This is a
legal agreement between you, the potential user of this Website ("you")
and Universe of Faith Music Publishing Company, Inc. (“UOFM”). Your
use of this website (the "UOF Website" or the “Website”)
or any of the products and services offered on this Website (collectively, the
"Services") is conditioned on your acceptance without
modification of these Terms of Use (the
"Terms of Use"). Please read these Terms of Use carefully. If you
do not agree to these Terms of Use, you should not use the Website or Services.
UOFM may at its sole discretion modify these Terms of Use at any time and such
modifications will be effective immediately upon being posted on this Website.
The most current version of these Terms of Use can be accessed through the
"Terms of Service" link at the bottom of the Website. You agree to
review these Terms of Use periodically, and your continued use of the Website
after the posting of modifications constitutes your affirmative agreement to
abide and be bound by the Terms of Use, as modified.
I.
Eligibility
Use of the Website and Services
is for personal, non-commercial use and is void where prohibited. You shall
comply with all applicable local, state, federal and national laws, statutes,
ordinances and regulations regarding the use of the Website and 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 must be a resident of the United States of America, at least 18 years of
age and have Internet access, a valid e-mail address, and a valid shipping
address to register for the Website and Services. Full use of the Website and
Services may require you to provide a valid credit card. While individuals
between the ages of 13 and 18 may utilize the Website and Services, they may do
so only with the involvement of a parent or legal guardian who shall be jointly
and severally responsible for your obligations under these Terms. If you are 13
or older but under the age of 18, you should review these Terms of Use with
your parent or guardian to make sure that you and your parent or guardian
understand and agree with these Terms.
II.
Your Acceptance
BY USING AND/OR VISITING THE UOF WEBSITE, YOU
CONSENT AND AGREE TO BOTH THESE TERMS OF USE AND THE TERMS AND CONDITIONS OF
OUR PRIVACY POLICY, WHICH ARE PUBLISHED AT http://music.universeoffaith.com AND WHICH ARE INCORPORATED BY
REFERENCE. If you do not agree to any of these terms, then please do not use
the UOF Website. UOFM may place a cookie
or other small text file on any computer from which you access the Website or
Services and you consent to that placement.
In addition, by using the Website and Services, you consent to receiving
e-mail from UOFM. These e-mailings will include notices about your account and
information concerning or related to the Website or Services. These e-mailings
are part of your relationship with UOFM.
III.
Registration, Credit Card Information and Account Rules.
In order to access some features
of the Website, you will have to register and create an account. When registering
and creating your account, you must provide accurate and complete information.
You are solely responsible for the activity that occurs on your account, and
you must keep your account password secure. You may never use another's account
without permission. You must notify UOFM immediately of any breach of security
or unauthorized use of your account. Although UOFM will not be liable for your
losses caused by any unauthorized use of your account, you may be liable for
the losses of UOFM or others due to such unauthorized use.
To register, you must provide
your name, date of birth, and e-mail address. Full use of the Website and
Services may require credit card authorization information for a credit card
acceptable to UOFM or a valid paypal account. You shall permit UOFM to store
and use this personal data provided by you for purposes of maintaining your
account and for billing fees and other charges to your credit card. You
authorize UOFM to place a pending charge to your credit card when you provide
your credit card information to UOFM. Pending charges are used to verify your
billing address and the validity of your credit card, are temporary, and will
not be converted into an actual charge to you. Pending charges will, while
pending, however, reduce the available amount of credit on you credit card in
the amount of $1.00. In addition, you agree to comply with the following terms:
1. You shall maintain your account with up-to-date
information;
2. You shall be responsible for maintaining the
confidentiality and security of your account;
3. You are entirely responsible for all purchases and
other activities that occur through your account;
4. You shall immediately report any unauthorized use of
your account to UOFM, as well as any other breach of security;
5. You shall not share your password with any other
person; and
6. You shall not assign, sell or transfer your account
to any other person.
IV.
Commercial Transactions
Purchases through the Website will be charged to your
credit card or processed through for your account. Applicable taxes and
shipping charges will be added to the purchase price. Credits and unused
balances are not redeemable for cash and cannot be returned for a cash refund,
exchanged or resold. Any unused balance will remain in your account and is not
transferrable. On occasion, technical problems may delay or prevent delivery of
your purchases to you. Your sole remedy with respect to purchases made through
the Website that are not delivered or accessible will be either replacement or
refund, at UOFM’s discretion. Downloads or streams of copyrightable materials
purchased through the Website may include a security framework using technology
that protects digital information and imposes usage rules established by UOFM,
its licensors, and its principals, as further outlined below. You agree that
your purchase of downloads or streams constitutes your agreement to use such
downloads or streams solely in accordance with the these Terms of Use. You
understand that unauthorized reproduction or distribution of downloads or streams
violates applicable law, and that downloads may contain watermarks that contain
certain encrypted information, including customer account information.
You agree that as a condition of your use of the
Website and Services, you authorize UOFM or its agents to charge your credit
card for any fees or charges you incur in the use of the Website or Services. You
agree that UOFM may (at its option) accumulate charges and fees incurred during
your monthly billing cycle and submit them as one or more aggregate charges
during or at the end of each cycle, and that UOFM may delay obtaining
authorization from your card issuer until submission of the accumulated charges
and fees.
YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS
CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH
AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC
SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO
ON THE WEBSITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS AND
APPLICATIONS.
V.
Website Access
A.
UOFM hereby
grants you permission to use the Website as set forth in this Terms of Use, provided
that: (i) your use of the Website as permitted is solely for your personal,
noncommercial use; (ii) you will not copy or distribute any part of the Website
in any medium without UOFM’s prior written authorization; (iii) you will not
alter or modify any part of the Website other than as may be reasonably
necessary to use the Website for its intended purpose; and (iv) you will
otherwise comply with the terms and conditions of these Terms of Use.
B.
You agree not to
use or launch any automated system, including without limitation,
"robots," "spiders," "offline readers," etc.,
that access the Website in a manner that sends more request messages to the
UOFM servers in a given period of time than a human can reasonably produce in
the same period by using a conventional on-line web browser. Notwithstanding
the foregoing, UOFM grants the operators of public search engines permission to
use spiders to copy materials from the site for the sole purpose of creating
publicly available searchable indices of the materials, but not caches or
archives of such materials. UOFM reserves the right to revoke these exceptions
either generally or in specific cases. You agree not to collect or harvest any
personally identifiable information, including account names, from the Website,
nor to use the communication systems provided by the Website for any commercial
solicitation purposes. You agree not to solicit, for commercial purposes, any
users of the Website with respect to their User Submissions.
VI.
Account Cancellation
UOFM reserves
the right to terminate or suspend your access to the Services or Website, with
or without cause, at any time and effective immediately. Reasons UOFM may
terminate or suspend your account shall include, but are not limited to, the
violation of any of these Terms of Use or failure to pay for Services. You may
cancel your UOFM account at anytime, and cancellation will be effective
immediately. To cancel your account, contact us.
VII.
Intellectual Property Rights
A.
The content on
the Website, except all User Submissions (as defined below), including artwork,
images, text, software, sounds, music, video, names, and likenesses displayed
on the Website are either the property of, or used with permission by, UOFM.
The reproduction and use of any of these by you is prohibited unless specific
permission is provided on the Website or otherwise. Any unauthorized use may
violate copyright laws, trademark laws, privacy and publicity laws, and/or
communications regulations and statutes of the United States and foreign laws
and international conventions.
You may only use and access the
Content for private and non-commercial use. You are not granted any commercial,
sale, resale, reproduction, distribution or promotional use rights for the
Content, including any rights for uses that require a synchronization or public
performance license with respect to the underlying musical composition. You may
not share Your account information and password with or permit other
individuals to use the Content and Services. You may not rent, lease, assign,
sell, transfer, or otherwise transfer Your account or rights to the Content or
the Services or give access to Your account to any third party. You
may not modify or use the Content for any other purpose or remove any
proprietary notices or labels on the Content or Service. You may not use the
Services or Content in any way to provide, or as part of, any commercial
service or application. You may not attempt to, in conjunction with, any
device, software program or service, circumvent technological measures employed
to control access to, or the rights in, a Content file. The Service embodies a
copy management system required by the laws of the United States, and You may
not circumvent or attempt to circumvent this system by any means. Except as
specifically authorized herein, You may not reproduce, republish, post,
transmit, distribute, copy, redistribute, modify, translate, add to, alter,
delete from, or create derivative works of the any Content, link directly to
any Content, or attempt to "pass-off" any Content as Your own work.
UOFM
does not warrant that product descriptions or other Content of this site are
accurate, complete, reliable, current, or error-free. You understand that all
songs, information, audio, video, musical compositions, multimedia
presentations, images, artwork, data, text, software, sound, photographs,
graphics, messages or other materials (collectively, "Content")
provided in conjunction with the Services are the sole responsibility of the
entity from which such Content originated and not UOFM. You understand that by
using the Service and accessing the Content, You may be exposed to Content that
may be deemed offensive, indecent, or objectionable, which content may or may
not be identified as explicit. Nevertheless, You agree to use the Service at
Your sole risk and that UOFM shall have no liability to You for content that
may be found to be offensive, indecent, or objectionable and that it is Your
responsibility to determine which Content meets Your standards. Additional
information regarding this matter can be found at www.parentalguide.org. MP3 downloads
of SONY BMG products are sold directly by SBME Digital LLC via Neurotic Media
LLC as Agent serving UOFM.
Procedure
For Making Claims Of Copyright Infringement:
If You
believe that Your work has been copied and is accessible on the Services in a
way that constitutes copyright infringement, You may notify UOFM’as content
provisioning team. Click here for
instructions.
B.
The trademarks,
service marks, logos, and other indicia, including of UOFM (collectively the
"Trademarks") which appear on the Website are registered
and unregistered trademarks of UOFM and others. Nothing contained on the
Website should be construed as granting, by implication or otherwise, any
right, license or title to any of the Trademarks without the advance written
permission of UOFM or such third party as may be appropriate. All rights are
expressly reserved and retained by UOFM. Your misuse of any of the Trademarks
displayed on the Website, or any other content on the Website, except as
provided in these Terms of Use, is strictly prohibited. You are also advised
that UOFM considers its intellectual property to be among its most valuable
assets, and will aggressively enforce its intellectual property rights to the
fullest extent of the law.
C.
Both the Website
and the content of the Website are provided "AS IS" for your
information and personal use only and may not be used, copied, reproduced,
distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise
exploited for any other purposes whatsoever without the prior written consent
of the respective owners. UOFM reserves all rights not expressly granted in and
to the Website and the Content. You agree to not engage in the use, copying, or
distribution of any of the Content other than expressly permitted herein,
including any use, copying, or distribution of User Submissions of third
parties obtained through the Website for any commercial purposes. If you
download or print a copy of the Content for personal use, you must retain all
copyright and other proprietary notices contained therein. You agree not to
circumvent, disable or otherwise interfere with security related features of
the UOFM Website or features that prevent or restrict use or copying of any
Content or enforce limitations on use of the UOFM Website or the Content
therein. UOFM does not make any representations or warranties, whether express
or implied, regarding or relating to the Website or any associated hardware or
software, including the content or operations of either.
VIII.
Warranty Disclaimer and Limitation of Liability
A.
YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE SITE IS AT
YOUR SOLE RISK. NEITHER UOFM NOR ITS AFFILIATED COMPANIES NOR ANY OF THEIR
RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS
(COLLECTIVELY THE "UOFM PARTIES") WARRANT THAT THE SITE WILL BE
UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY
OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE
SITE. THE SITE IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED
BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS
APPLICABLE TO THIS AGREEMENT. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY
DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS
TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS
BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY
ACKNOWLEDGE THAT UOFM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL
CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE
FOREGOING RESTS ENTIRELY WITH YOU.
B.
IN NO EVENT SHALL UOFM, ANY OFFICER, AFFILIATE,
DIRECTOR, SHAREHOLDER, AGENT, PRINCIPAL, CONTRACTOR OR EMPLOYEE OF UOFM BE
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR
AGGRAVATED DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA,
INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND THIRD PARTY CLAIMS),
ARISING OUT OF OR IN CONNECTION WITH: THIS WEBSITE; ANY MATERIALS, INFORMATION,
QUALIFICATION AND RECOMMENDATIONS APPEARING ON THIS WEBSITE; ANY SOFTWARE,
TOOLS, TIPS, PRODUCTS, OR SERVICES OFFERED THROUGH, CONTAINED IN OR ADVERTISED
ON THIS WEBSITE; ANY LINK PROVIDED ON THIS WEBSITE; AND YOUR ACCOUNT AND
PASSWORD, WHETHER OR NOT UOFM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO
USE THIS WEBSITE. YOU ACKNOWLEDGE THAT YOU WILL BE FULLY LIABLE FOR ALL DAMAGES
RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THIS WEBSITE.
C.
SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY OR
WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH
JURISDICTIONS, UOFM’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY
LAW. YOU SHOULD CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS
REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.
IX.
Indemnity
You agree to defend, indemnify
and hold harmless UOFM, its parent corporation, officers, directors, employees
and agents, from and against any and all claims, damages, obligations, losses,
liabilities, costs or debt, and expenses (including but not limited to
reasonable attorney’s fees) arising from: (i) your use of and access to the
UOFM Website; (ii) your violation of any term of these Terms of Use; (iii) your
violation of any third party right, including without limitation any copyright,
property, or privacy right; or (iv) any claim that one of your User Submissions
caused damage to a third party. This defense and indemnification obligation
will survive these Terms of Use and your use of the UOFM Website.
X.
Miscellaneous
You agree that: (i) the UOFM Website shall be deemed
solely based in New York, New York; and (ii) the UOFM Website shall be deemed a
passive website that does not give rise to personal jurisdiction over UOFM,
either specific or general, in jurisdictions other than New York. These Terms
of Use shall be governed by the internal substantive laws of the State of New
York, without respect to its conflict of laws principles. Any claim or dispute
between you and UOFM that arises in whole or in part from the UOFM Website
shall be decided exclusively by a court of competent jurisdiction located in
New York, New York. These Terms of Use, together with the Privacy Policy and
any other legal notices published by UOFM on the Website, shall constitute the
entire agreement between you and UOFM concerning the UOFM Website. If any
provision of these Terms of Use is deemed invalid by a court of competent
jurisdiction, the invalidity of such provision shall not affect the validity of
the remaining provisions of these Terms of Use, which shall remain in full
force and effect. No waiver of any term of this these Terms of Use shall be
deemed a further or continuing waiver of such term or any other term, and UOFM’s
failure to assert any right or provision under these Terms of Use shall not
constitute a waiver of such right or provision. UOFM reserves the right to
amend these Terms of Use at any time and without prior notice, and it is your
responsibility to review these Terms of Use for any changes. Your use of the
UOFM Website following any amendment of these Terms of Use will signify your
assent to and acceptance of its revised terms. These Terms of Use, and any
rights and licenses granted hereunder, may not be transferred or assigned by
you, but may be assigned by UOFM without restriction. YOU AND UOFM AGREE THAT
ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE UOFM WEBSITE MUST COMMENCE
WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF
ACTION IS PERMANENTLY BARRED.
Copyright
© 2010 Universe of Faith Music Publishing Company, Inc. All rights reserved.
The Website is the property of Universe of Faith Music Publishing Company, Inc.
and is protected by United States and international copyright, trademark, and
other applicable laws. This includes the content, appearance, and design of the
Site, as well as the trademarks, product names, graphics, logos, service names,
slogans, colors, and designs.