TERMS OF USE
In these TERMS OF USE, "we," "us," "its" and "our" refer to free2worship.com and "you" and "your" refer to you. Before using free2worship.com, please read this agreement relating to your use of this website carefully.
1. ACCEPTANCE OF TERMS
By using free2worship.com you agree to be bound by the terms and conditions of use. If you do not agree to these terms, please do not use free2worship.com. Your use of free2worship.com constitutes your agreement with such terms.
We reserve the right, at our discretion, to change, modify, add or remove portions of these terms periodically. Such modifications shall be effective immediately upon posting of the modified terms to free2worship.com. Your continued use of the free2worship.com website following the posting of changes to these terms will mean that you accept those changes.
Use of free2worship.com and/or its services constitutes full acceptance of and agreement to the terms; if a user does not accept our terms, he or she is not granted rights to use free2worship.com or any of its services, as defined herein, and should refrain from accessing free2worship.com and its services.
To update the terms, we will notify to our users on our home page that the terms of use have changed along with the effective date of the changes and a brief description as to what the changes are. The newest version will be posted here in the
Terms of Use at
http://www.free2worship.com/ free2worship.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently,
free2worship.com or any Service thereon (or any part thereof).
free2worship.com shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.
2. NO UNLAWFUL OR PROHIBITED USEBy using the
free2worship.com website, you warrant to
free2worship.com that you will not use
free2worship.com, or any of the content obtained from
free2worship.com, for any purpose that is unlawful or prohibited by these terms. If you violate any of these terms, your permission to use the
free2worship.com website automatically terminates.
3. DESCRIPTION OF SERVICE
free2worship.com is a website operated for the purpose of offering worship music to the Christian community, free of charge, for use in worshipping the God of the Bible corporately and/or privately.
free2worship.com offers users a collection of on-line resources, which may include mp3s, chord charts, lead sheets, training videos, forums and miscellaneous tools for musicians and songwriters. To use these free2worship.com services, each user must independently obtain access to the World Wide Web, either directly or through devices that access Web-based content, and pay any and all service fees or equipment costs associated with such access.
4. REGISTRATION OBLIGATIONS
For full access to the resources offered by free2worship.com, each user must: (a) provide true, accurate, current and complete information on the registration form (collectively, the "Registration Data") and (b) maintain the Registration Data as necessary. If, after investigation, any user's information is untrue, inaccurate, not current or incomplete, that user's account may be terminated and the user may be prohibited from any and all current or future use of the services (or any portion thereof) as expressly provided herein.
Each user will receive a password upon completing
free2worship.com’s registration process and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring thereunder.
free2worship.com cannot and will not be liable for any loss or damage arising from a user's failure to comply with this Section, including any loss or damage arising from any user's failure to (a) immediately notify
free2worship.com of any unauthorized use of his or her password or account or any other breach of security and (b) ensure that he or she exits from his or her account at the end of each session.
free2worship.com handles user Registration Data in accordance with its
Privacy Policy.
5. CONTENT
All information, data, text, software, music, sound, photographs, graphics, video, messages or any other materials posted by
free2worship.com are the property of
free2worship.com, unless otherwise stated.
All information, data, text, software, music, sound, photographs, graphics, video, messages or any other materials whatsoever (collectively, "content"), whether publicly posted on or privately transmitted via free2worship.com, are the sole responsibility of the person from which such content originated. This means that the user, and not free2worship.com, is entirely responsible for all content that he or she uploads, posts, emails or otherwise transmits via free2worship.com or any Service. No user shall transmit content or otherwise conduct or participate in any activities on free2worship.com and/or any Service which, in the judgment of free2worship.com, is likely to be prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, the export of technology, the transmission of obscenity or the permissible uses of intellectual property.
free2worship.com will not pre-screen or review content, but free2worship.com reserves the right to refuse or delete any content of which it becomes aware that it reasonably deems not to fulfill the Purpose. In addition, free2worship.com shall have the right (but not the obligation) in its sole discretion to refuse or delete any content that it reasonably considers to violate the terms or be otherwise illegal.
free2worship.com, in its sole and absolute discretion, may preserve content and may also disclose content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by us to protect the rights, property or personal safety of free2worship.com, free2worship.com users and the public. free2worship.com does not control the content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will free2worship.com be liable in any way for any content, including, but not limited to, liability for any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via free2worship.com or any Service thereon.
Since some content may be posted by users, each user, by using free2worship.com or any Service, could be exposed to content that is offensive, indecent or objectionable. Each user must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
6. LICENSING
All songs on free2worship.com, including but not limited to audio or video recordings in any format, lyrics, guitar charts, and lead sheets, are the property of free2worship.com and/or its specified copyright owner(s).
All registered users of free2worship.com are granted a free nonexclusive license to reproduce and distribute, at their own expense and without charge to the public, the songs of free2worship.com as they are posted on the site, without editing, for the specific purposes of listening, learning, singing, and playing the songs in worshipping the God of the Bible, either in private or in public venues where no admission is charged. This license includes the following nonexclusive rights for use of the songs:
a. Printing the songs in freely distributed bulletins, liturgies, programs, and songsheets.
b. Printing the songs in freely distributed songbooks where proper permissions have been obtained for the songs of others.
c. Making overhead transparencies, slides, or electronic copies of the songs for storage and retrieval methods for the visual projection of the songs.
d. Printing customized vocal and/or instrumental arrangements of the songs, where no published version is available.
e. Recording live performances of the songs in worship services or gatherings by either audio or audio-visual means where the recordings are made available at no charge.
f. Recording live performances of the songs in services or gatherings of worship, by either audio or audio-visual means where the recordings also include teaching materials and may include other music that has been recorded with the owner’s permission, and where such recordings are made available for sale for not more than $5 each per audio recording or $10 each per video recording and where such recordings are made available only to those within the vicinity of the meeting place and not sold beyond the local area through the Internet, mail order, television, radio or any other broadcast or media that may exist either now or in the future.
On all instances of lyrics, charts, and lead sheets, the song title, author and copyright notice must appear. On mp3s the title, author, and copyright notice must not be removed from ID Tags. Where audio recordings are distributed on tape or CD the title, author, and copyright information of the song should appear in the liner notes; in cases where there are no liner notes the title and copyright information should appear directly on the tape or CD itself.
Under this license, notwithstanding 6.f above: (a.) No song shall be rented or sold for any form of direct or indirect remuneration or consideration, whether by way of direct payment, gift, donation, or freewill offering, etc. (b.) No song shall be distributed freely as part of a package where any other included materials, whether in whole or in part, are purchased. (c.) No song shall be freely distributed along with any other freely distributed copyrighted materials without the consent of the respective copyright owner or authorized representative.
This license does not include permission to reproduce audio recordings or arrangements of the songs that have been produced by others, who have properly obtained a license to create such recordings or arrangements. This license does not provide for language translations or the creation of derivative works. In addition to the restrictions set forth in these terms, any and all rights not expressly granted to the user in this agreement are reserved by free2worship.com or the respective copyright owners.
Churches that are members of Christian Copyright Licensing International (CCLI) are strongly encouraged to report the use of free2worship.com songs during their reporting period. Royalties collected by free2worship.com are used to further the ministry and resources of free2worship.com. While free2worship.com offers greater freedom for users to use its songs, users who are also members of CCLI may have additional benefits. free2worship.com strongly supports the work and ministry of CCLI in its efforts to serve the Christian community by providing an economical way for churches to use the worship music of many songwriters without the burden of obtaining permissions and paying royalties to numerous individual copyright owners.
Use of the songs on radio, television, and other profit making broadcasts requires compliance with all laws and regulations for use of copyrighted music in such broadcasts including the requirements of performance rights organizations.
If you are interested in licensing a sound recording of
free2worhisp.com or in recording a
free2worship.com song on a product for retail sale you must obtain a mechanical license. Please contact free2worship.com at
admin@free2worship.com to request a mechanical license. Free2worship.com administers all the rights to all the songs on
free2worship.com.
With respect to content submitted for the development of a new song such as in the Write2gether area of the site, all submitted content shall become the property of free2worship.com. By submitting or posting a song suggestion, the user grants to free2worship.com the royalty-free, perpetual, irrevocable, non-exclusive rights and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Where free2worship.com incorporates user submitted content into a song, and such content is determined by free2worship.com to be a significant contribution to the song, such as specific lyrics or music, such user shall be credited with partial authorship of such song.
With respect to text or data entered into and stored by publicly-accessible site features such as message boards ("free2worship.com Public content"), the submitting user retains ownership of such free2worship.com Public content; with respect to publicly-available statistical content which is generated by the site to monitor and display project activity, such content is owned by free2worship.
With respect to content posted to private areas of free2worship.com, i.e., private free2worship.com development tools or free2worship.com Mail, the submitting user may grant to free2worship.com or other users such rights and licenses as the submitting user deems appropriate.
7. NO RESALE OF SERVICE
You agree not to sell, resell or offer for any commercial purposes, any portion of the services, use of the services or access to the services.
8. GENERAL PRACTICES REGARDING USE AND STORAGE
free2worship.com may establish general practices and limits concerning use of free2worship.com services. free2worship.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by any Service. free2worship.com reserves the right to mark as "inactive" and archive free2worship.com accounts and/or projects that are inactive for an extended period of time. free2worship.com reserves the right to change these general free2worship.com practices at any time, in its sole discretion, with notice to users and the public as described in Section 1 above.
9. TERMINATION
We may terminate a free2worship.com user's account in our absolute discretion and for any reason. We are especially likely to terminate for reasons that include, but are not limited to, the following: (1) violation of these terms; (2) abuse of site resources or attempt to gain unauthorized entry to the site or site resources; (3) use of free2worship.com or any free2worship.com Service in a manner inconsistent with the Purpose; and (4) a user's request for such termination.
Our termination of any user's access to free2worship.com or any Service hereunder may be effected without notice and, on such termination, we may immediately deactivate or delete user's account and/or bar any further access to such files. free2worship.com shall not be liable to any free2worship.com user or other third party for any termination of that user's free2worship.com access or account hereunder.
10. LINKS
free2worship.com, any Service or a third party may provide links to other websites. free2worship.com exercises no control whatsoever over such other non-free2worship.com websites and web-based resources and is not responsible or liable for the availability thereof or the content, advertising, products or other materials thereon. free2worship.com shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of websites linked to free2worship.com, including information, material, products and services therein, is solely at your own risk.
free2worship.com's Privacy Policy is applicable only when you are on free2worship.com. Once you choose to link to another website, you should read that website's Privacy Policy before disclosing any personal information.
11. INDEMNITY
Each user shall indemnify, defend and hold harmless free2worship.com, its owners, subsidiaries and affiliates and their respective officers, employees and agents, and each of free2worship's website partners from any and all claims, demands, damages, costs and liabilities, including reasonable attorneys' fees, made by any third party due to or arising out of that user's acts or omissions, including claims arising out of that user's use of free2worship.com; his or her submission, posting or transmission of content or his or her violation of the terms.
12. DISCLAIMER OF WARRANTIES
EACH USER'S USE OF free2worship.com AND free2worship.com SERVICES IS AT HIS OR HER SOLE RISK. free2worship.com AND free2worship.com SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND free2worship.com ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH free2worship.com USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. free2worship.com EXPRESSLY DISCLAIMS 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. SPECIFICALLY, free2worship.com MAKES NO WARRANTY THAT (a.) free2worship.com OR ANY free2worship.com SERVICE WILL MEET YOUR REQUIREMENTS, (b.) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (c.) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (d.) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. EXCLUDING ONLY DAMAGES ARISING OUT OF free2worship.com's GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, free2worship.com SHALL NOT BE LIABLE 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 free2worship.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER'S USE OR INABILITY TO USE free2worship.com OR ANY SERVICE; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON free2worship.com OR ANY SERVICE; OR ANY OTHER MATTER RELATING TO free2worship.com OR ANY SERVICE. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN free2worship.com AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, free2worship.com DOES NOT AND CANNOT CONTROL THE ACTIONS OF free2worship.com USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO free2worship.com OR ANY SERVICES. OPERATION OF free2worship.com MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE 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 ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY free2worship.com.
13. LIMITATION OF LIABILITY
IN NO EVENT SHALL free2worship.com, ITS OWNERS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH free2worship.com, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
14. RELEASE
In the event that you have a dispute with one or more free2worship.com users, you release free2worship.com (and our officers, directors, agents, subsidiaries, owners, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
15. FRAUD
Without limiting any other remedies, free2worship.com may suspend or terminate your free2worship.com account if we suspect that you have engaged in fraudulent activity in connection with free2worship.com or any free2worship.com Service.
16. LEGAL COMPLIANCE
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of free2worship.com and all of its services.
17. NO AGENCY
You and free2worship.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these terms.
18. INTELLECTUAL PROPERTY RIGHTS
free2worship.com respects the intellectual property rights of others, and requires that the people who use the free2worship.com website do the same. It is our policy to respond promptly to claims of intellectual property misuse.
If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing us with the following information in writing:
a. the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
b. identification of the copyrighted work that you claim has been infringed;
c. identification of the material that is claimed to be infringing and information reasonably sufficient to permit free2worship.com to locate the material;
d. your name, address, telephone number, and email address;
e. 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;
f. a statement, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
If free2worship.com receives such a claim, free2worship.com will take appropriate actions under the Digital Millennium Copyright Act OF 1998 ("DMCA") and other applicable intellectual property laws.
19. RESOLUTION OF DISPUTES
In the event a dispute arises between you and free2worship.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and free2worship.com agree that any claim or controversy at law or equity that arises out of this agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties.
a. Amicable resolution. Before resorting to the other alternatives below, we strongly encourage you to first contact us directly to seek an amicable resolution through dialog.
b. Alternative Dispute Resolution. Alternatively, free2worship.com will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
c. Court. Any dispute or claim that arises must be adjudicated by a court of competent jurisdiction located in Tarant County, Texas. You and free2worship.com agree to submit to the personal jurisdiction of the courts located within the county of Tarant County, Texas.
20. GENERAL INFORMATION
The terms constitute the entire agreement between each user and free2worship.com and govern each user's use of the Service, superseding any prior agreements. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software. The laws of the State of Texas shall govern the terms and the relationship between each user and free2worship.com. If any provision of the terms is found by a court of competent jurisdiction in Tarant County, Texas, 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 terms remain in full force and effect.
21. VIOLATIONS OF TERMS
Please report any violations of the terms to the
free2worship.com at
admin@free2worship.com.
22. ADDITIONAL TERMS
The following policies are incorporated into these terms by reference and provide additional terms and conditions related to free2worship.com:
Each of these policies may be changed from time to time and are effective immediately after we post the changes on free2worship.com, except for the Privacy Policy for which we will provide you with fifteen (15) days prior notice.
Copyright ©2006 by free2worship.com.com All Rights Reserved. International copyright secured.
Published on: 2006-10-30 (725 reads)
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