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.