Terms and Conditions of Service
This legal agreement is made
between You and Us ("Agreement"). Please read this Agreement carefully before registering for the
Service. By registering for the Service, You become a ChristianMusicJobs.com member (a
"Member"), and You agree to be bound by the terms and conditions of
this Agreement for as long as You continue to be a Member. IF YOU DO NOT AGREE
WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT REGISTER FOR THE
SERVICE. THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE SUBJECT TO CHANGES MADE
BY US, AT ANY TIME, EFFECTIVE UPON NOTICE TO YOU, WHICH NOTICE SHALL BE DEEMED
TO HAVE BEEN PROVIDED UPON OUR POSTING OF THE CURRENT VERSION OF THIS
AGREEEMENT ON THE SERVICE.
In this Agreement the following
words have the following meanings unless the context requires otherwise:
"Agreement" means the agreement between You and Us incorporating these
terms and conditions for the provision of the Service, as amended from time to
time in accordance with the terms and conditions set forth herein;
“We, Us, Our" means ChristianMusicJobs.com; and
"You, Your, Yourself"
means the person who registers for the
Service, accepts the terms and conditions of this Agreement and whose application
for membership of the Service is accepted by Us.
ELIGIBILITY: MINORS MAY NOT
BECOME MEMBERS. By becoming a Member, You represent
and warrant that You are at least 18 years old. By using this Web site, You represent
and warrant that You have the right, authority and capacity to enter into this
Agreement and to abide by the terms and conditions of this Agreement. Your
membership for the Service is for Your sole, personal use. You may not authorize
others to use Your membership and You may not assign or otherwise transfer Your
account to any other person or entity.
REGISTRATION AND SUBSCRIPTION: Although You may register as a Member of the Service for
free, if You wish to use the Service to initiate most communication with other
members and use certain other parts of the Service, You must become a
subscriber and pay the fees that are set out in Our
price list. This price list is part of this Agreement And We reserve the
right, at any time, to change any fees or charges for using the Service. To
become a Member, You must register for the Service. When and if You register to
become a Member, You agree to provide accurate, current and complete
information about Yourself as prompted by Our registration form
("Registration Data"), and to maintain and update Your information to
keep it accurate, current and complete. You agree that We may rely on Your
Registration Data as accurate, current and complete. You acknowledge that if
Your Registration Data is untrue, inaccurate, not current or incomplete in any
respect, We reserve the right to terminate this Agreement and Your use of the
Service and, in such event, You shall not be entitled to a refund of any unused
subscription fees.
TERM AND TERMINATION: This Agreement will remain in full force and effect while
You use the Service and/or are a Member. You may terminate your membership at
any time, for any reason by following the instructions on the Member Services
page of the Service, or upon receipt by Us of Your written or email notice of
termination. Either You or We may terminate your membership by removing your
profile, at any time, for any reason, with or without explanation, effective
upon sending written or email notice to the other party. Upon such termination
by Us without cause, We shall refund, pro rata, any unused portion of any
subscription payments that We have received from You. In the event that (a)
You terminate your subscription or membership or (b) We determine, in our sole
discretion, that You have violated this Agreement or our posted Privacy Policy,
You shall not be entitled to nor shall We be liable to You for any refund of
any unused portion of any subscription payments the We have received from You, and
We may continue to bar Your use of the Service in the future. Even after
membership is terminated, this Agreement will remain in effect.
PROPRIETARY RIGHTS: You represent and warrant to Us that the information posted
in Your profile including Your photograph are posted by You and that You are
the exclusive author of Your profile and the exclusive owner of Your
photographs. You assign to Us, with full title guarantee, all copyright in Your
profile and your photographs posted, at any time, in connection with Your use
of the Service. You waive absolutely any and all moral rights to be identified
as author of Your profile and owner of Your photograph and any similar rights
in any jurisdiction in the world. In addition, other Members may post
copyrighted information, which has copyright protection, whether or not it is
identified as copyrighted. Except for that information which is in the public
domain or for which You have been given express written permission, You will
not copy, modify, publish, transmit, distribute, perform, display, or sell any
such proprietary information. By posting information, photographs or content on
any Service, You automatically grant, and You represent and warrant that You
have the right to grant, to Us and other members, free of charge, an
irrevocable, perpetual, non-exclusive, royalty-free, fully-paid, worldwide
license to use, copy, perform, display, promote, publish and distribute such
information, content and photographs and to prepare derivative works of, or
incorporate into other works, such information and content, and to grant and
authorize sub-licenses of the foregoing.
YOUR USE OF THE SERVICE: As a Member, You agree that:
(1) You will use the Service in a
manner consistent with any and all applicable laws and regulations. You will
not include in Your profile any telephone numbers, street addresses, last
names, URL's or email addresses, other than where You are specifically asked
for such information in the Confidential Personal Information section of the
Service. You will not engage in advertising to, or solicitation of, other
members to buy or sell any products or services through the Service. You will
not transmit any chain letters or junk email to other members. To protect Our
members against such conduct, We currently impose a 30 message-per-day limit on
subscribers. You are solely responsible for Your interactions with other members.
We reserve the right, but have no obligation, to monitor and/or mediate
disputes between You and other members.
(2) You are solely responsible for
the content or information You publish or display (hereinafter,
"post") on the Service, or transmit to other members. You will not
post on the Service, or transmit to other members or to Us or Our employees,
any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually
oriented, threatening, harassing, racially offensive, or illegal material, or
any material that infringes or violates another party's rights (including, but
not limited to, intellectual property rights, and rights of privacy and
publicity). You will not include in Your profile any offensive anatomical or
sexual references, or offensive sexually suggestive or connotative language,
and You will not post any photos containing nudity or personal information. We
reserve the right, but We have no obligation, to reject any profile or photo
that does not comply with the prohibitions set forth in this section and, to
the extent that We determine, in Our sole discretion, to do so, You shall not
be entitled to a refund of any unused subscription payments that We have
received from You.
(3) Email communications sent from
Us or through Us are designed to make your online job search experience enjoyable.
By becoming a member, You specifically agree to accept and consent to receiving
email communications initiated from Us or through Us including, without
limitation: message notification emails, “Your Job Matches” emails, emails informing
you about events and parties We organize, emails informing You of promotions We
run and emails informing You of changes to the Service. Should You not wish to
receive any of Our email communications, please do not register with Us for the
Service.
(4) You agree that We have no
responsibility or liability for the deletion, corruption or failure to store
any messages or other content maintained or transmitted by Our Service. You
acknowledge that features, parameters or other services We provide may change
at any time. You acknowledge that We reserve the right to sign out, terminate,
delete or purge Your account from the Service if it is inactive.
"Inactive" means that you have not signed in to the Service for a
particular period of time, as determined by Us, in Our sole discretion
(currently, we consider an account to be Inactive after 12 months).
(5) Our customer service employees
are here to make your online experience enjoyable by providing assistance and
guidance to You. When speaking to Our customer service employees on the phone
or communicating with them by any other means, You undertake not to be abusive,
obscene, profane, offensive, sexually oriented, threatening, harassing or
racially offensive. Should any of Our customer service employees feel, at any
given point, threatened or offended by Your conduct, We reserve the right to
immediately terminate Your membership and You shall not be entitled to the
refund of any subscription payments We have received from You.
We are entitled to investigate and
terminate Your membership if You have misused the Service, or behaved in a way
which could be regarded as inappropriate, unlawful or illegal. The following is
a partial, but not exhaustive, list of the types of actions that are illegal or
prohibited under this Agreement:
(a) You will not impersonate any
person or entity.
(b) You will not "stalk" or otherwise harass any person.
(c) You will not express or imply that any statements You make are endorsed by
Us, without Our specific prior written consent.
(d) You will not use any robot, spider, site search/retrieval application, or
other manual or automatic device or process to retrieve, index, "data mine,"
or, in any way reproduce or circumvent the navigational structure or
presentation of the Service or its contents.
(e) You will not post, distribute or reproduce, in any way, any copyrighted
material, trademarks, or other proprietary information without obtaining the
prior consent of the owner of such proprietary rights.
(f) You will not remove any copyright, trademark or other proprietary rights
notices contained in the Service.
(g) You will not interfere with or disrupt any Service or any site, servers or
networks connected to any Service or site.
(h) You will not post, email or otherwise transmit any material that contains
software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment.
(i) You will not forge headers or otherwise manipulate identifiers in order to
disguise the origin of any information transmitted through the Service.
(j) You will not "frame" or "mirror" any part of the
Service, without Our specific prior written consent.
(k) You will not use meta tags or code or other devices containing any
reference to Us or the Service or the site connected to the Service in order to
direct any person to any other web site for any purpose.
(l) You will not modify, adapt, sublicense, translate, sell, reverse engineer,
decipher, decompile or otherwise disassemble any portion of the Service or any
software used on or for the Service or cause or enable others to do so.
INDEMNITY BY MEMBER: You will defend, indemnify, and hold Us and Our officers, directors,
employees, agents and third parties harmless, for any losses, costs,
liabilities and expenses (including reasonable attorneys' fees) relating to or
arising out of Your use of the Service, including:
(I) Your breach of this Agreement;
(II) any allegation that any materials that You submit to Us or transmit to the
Service infringe or otherwise violate the copyright, trademark, trade secret or
other intellectual property or other rights of any third party; and/or (III)
Your activities in connection with the Service. This indemnity shall be
applicable without regard to the negligence of any party, including any
indemnified person.
ONLINE CONTENT: Opinions, advice, statements, offers, or other information
or content made available through the Service, but not directly by Us, are
those of their respective authors, and should not necessarily be relied upon.
Such authors are solely responsible for such content. WE DO NOT GUARANTEE THE
ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND WE NEITHER
ADOPT NOR ENDORSE NOR ARE WE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY
OPINION, ADVICE, OR STATEMENT MADE BY PARTIES OTHER THAN US. UNDER NO
CIRCUMSTANCES ARE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S
RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED
TO MEMBERS.
WE RESERVE THE RIGHT, BUT WE HAVE
NO OBLIGATION, TO MONITOR THE MATERIALS POSTED IN THE PUBLIC AREAS OF THE
SERVICE. WE SHALL HAVE THE RIGHT TO REMOVE ANY SUCH MATERIAL THAT, IN OUR SOLE DISCRETION,
VIOLATES, OR IS ALLEGED TO VIOLATE, THE LAW OR THIS AGREEMENT. NOTWITHSTANDING
THIS RIGHT, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU
POST IN THE PUBLIC AREAS OF THE SERVICE AND IN YOUR PRIVATE EMAIL MESSAGES.
EMAILS SENT BETWEEN YOU AND OTHER MEMBERS THAT ARE NOT READILY ACCESSIBLE TO
THE GENERAL PUBLIC WILL BE TREATED BY US AS PRIVATE TO THE EXTENT REQUIRED BY
APPLICABLE LAW.
INTELLECTUAL PROPERTY. All intellectual property rights in and to the Service are
and shall be owned by Us, absolutely. Those rights include, but are not
limited to, database rights, copyright, design rights (whether registered or
unregistered), trademarks (whether registered or unregistered) and other
similar rights, wherever existing in the world, together with the right to
apply for protection of the same. All other trademarks, logos, service marks,
company or product names set forth in Service are the property of their
respective owners.
PRIVACY: The personal information (including sensitive personal
information) You provide to Us will be stored on computers. You consent to Our using
this information to build up a profile of interests, preferences and browsing
patterns and to allow You to participate in the Service. If you are located outside of the United States,
please note that the information that you provide is being sent to the United
States. By becoming a member of the Service, you consent to your data being
sent to the United States and to such other third parties and jurisdictions as
may be involved in the provision and operation of the Service...
DISCLAIMERS: WE PROVIDE THE SERVICE ON AN "AS IS" BASIS AND
GRANT NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED, STATUTORY, IN ANY
COMMUNICATION WITH OUR REPRESENTATIVES, OR US OR OTHERWISE WITH RESPECT TO THE
SERVICE. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FURTHER, WE DO NOT
WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS
AVAILABLE OR ERROR-FREE OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT
ANY DEFECTS IN THE SERVICE WILL BE CORRECTED WE DISCLAIM LIABILITY FOR, AND NO
WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY.
Although each member must agree to
Our terms and conditions, We cannot guarantee that each member is at least the
required minimum age, nor do we accept responsibility or liability for any
content, communication or other use or access of the Service by persons under
the age of 18 in violation of this Agreement. Also, it is possible that other members
or users (including unauthorized users, or "hackers") may post or
transmit offensive or obscene materials on the Service and that You may be
involuntarily exposed to such offensive and obscene materials. It also is
remotely possible for others to obtain personal information about You due to
Your use of the Service, and that the recipient may use such information to
harass or injure You. We are not responsible for the use of any personal
information that You disclose on the Service. Please carefully select the type
of information that You post on the Service or release to others. WE DISCLAIM
ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF
OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR
OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.
LIMITATION OF LIABILITY: IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR
SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SERVICE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, OR TO ANY PERSON OTHER THAN YOU.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU
FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL
TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE
DURING THE TERM OF YOUR MEMBERSHIP.
WE DO NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN THE MEMBERS REGISTERING
TO THE SERVICE IN ANY WAY. AS A RESULT, WE WILL NOT BE LIABLE FOR ANY DAMAGES,
DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF
THIS SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF
COMMUNICATING AND/OR MEETING WITH OTHER MEMBERS OF THE SERVICE, OR INDIVIDUALS INTRODUCED
TO YOU VIA THE SERVICE. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL
DAMAGES, BODILY INJURY AND OR EMOTIONAL DISTRESS AND DISCOMFORT.
COMPLAINTS: To resolve a complaint regarding the Service, You should
first contact Our customer service department by clicking: contact us.
DISPUTE RESOLUTION: This Agreement is governed by the laws of the State of
California without regard to its conflict of law provisions. You agree to
personal jurisdiction by and venue in the state and federal courts of the State
of California, City of Los Angeles. This Agreement shall not be governed by the
United Nations Convention on Contracts for the International Sale of Goods, the
application of which is hereby expressly excluded.
You certify that You have read and
that You agree to be bound by the terms and conditions in this Agreement. |