This End User License Agreement (the "Agreement") is a legally-binding contract between you and Pepino Studios, LLC, d/b/a MediaComplete ("Company") 810 Crescent Centre Dr, Suite 501, Franklin, TN 37067, (888) 675-5388. The Agreement governs your access to and use of the Service (as defined below), and all materials accessed and distributed via the Service, including, without limitation all digital files (including downloadable audio files and the artwork associated therewith), which are collectively referred to herein as the "Content". The term "Service" means the Worship Band in Hand websites and software application which enables the distribution, sale, exhibition and public performance of the Content.
In order to use the Service and access and purchase the Content, you must first agree to the terms and conditions of this Agreement. By clicking the "Register" button, you acknowledge that you have read the Agreement and agree to be bound by its terms and conditions. If you do not agree to (or cannot comply with) the terms and conditions of this Agreement, do not use the Service. If you do not click the "Register" button, you will be unable to complete the registration process and you will not be permitted to access or purchase any Content.
IF YOU ARE BETWEEN THE AGES OF 13 AND 17, PLEASE REVIEW THIS AGREEMENT WITH YOUR PARENTS. THE SERVICE IS NOT DESIGNED FOR USE BY CHILDREN UNDER THE AGE OF 13 AND COMPANY DOES NOT INTENTIONALLY COLLECT PERSONAL INFORMATION FROM CHILDREN UNDER THE AGE OF 13. IF YOU ARE UNDER THE AGE OF 13, YOU MAY NOT USE THE SERVICE OR ACCESS ANY CONTENT.
Company hereby grants to you a limited, non-exclusive, non-transferable, non-sublicenseable and revocable license to access the Service and to purchase and use the Content, subject at all times to this Agreement. Your access to the Service and the Content is for the non-commercial use by you or your church or other ministry organization only and you agree that you are accessing the Services and purchasing and using the Content only for such purposes and not for any other purpose. You agree to comply with all applicable laws and licensing requirements in connection with your use of the Content. Unless specifically authorized by the copyright holder, you may not reproduce and use Content in any other way, including, without limitation, using the Content to create a master recording, use the Content in conjunction with any other content (e.g., to provide sound for a film or video), use any Content for promotional purposes or redistribute the Content, including but not limited to, posting any Content (or copies thereof) on any website or making the Content available over any network where it could be accessed by others. Any use of the Content other than as permitted in this Agreement is a violation of this Agreement and the copyrights in the Content under applicable laws and is prohibited. You may not reverse engineer, decompile, translate, adapt, disassemble or otherwise modify or tamper with the Content or the Service. You further agree that you will not use or attempt to use the Service to reproduce copyrighted materials not owned by you, attempt to modify the Service for any reason whatsoever, including for the purpose of disguising or changing ownership of the Content or circumvent any technology used by Company or its licensors to protect the Content or the Service. You agree that you will not modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Content, in any manner. You may not sublicense, assign or transfer the license granted to you under this Agreement. Any attempt to sublicense, assign or transfer any of the rights, duties or obligations set forth in this Agreement shall be void. All rights in and to the Service and the Content not specifically granted in this Agreement are hereby reserved by Company, its licensors and the copyright holders thereof.
There are a number of proprietary logos and trademarks (collectively, the "Trademarks") found on the Service. "Worship Band in Hand", the Company logo, and other trademarks used in the Service are trademarks of Company or a third party owner. Nothing contained herein or on the Service shall be construed as granting any license or right to you to use any Trademark. Company may terminate this Agreement and your right to access and use the Service for any unauthorized use of the Trademarks, at its sole discretion, at any time, with or without notice to you.
You agree that the Service, including without limitation all software, technology, web sites, text, graphics, user interfaces, photographs, Trademarks, trade dress, logos, sounds, music, artwork, postings, links to other Internet resources and computer code comprising, incorporated in, appearing on, or used by or in connection with the Service, together with the design, structure, expression, look and feel and arrangement of all such elements of the Service, are owned by Company or its licensors or other third parties and are protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use the Service or the Content, or any element thereof in any way whatsoever except in strict compliance with the terms of this Agreement.
In the event that you decide to purchase any Content offered for sale via the Service, you will be required to open an account, which will include setting up a unique ID and password. You may only open an account for yourself and not for any other person. You agree that the information you provide to Company during the registration process and any other communications with Company, will true, correct, complete and current and you agree to update such information as necessary so that it remains true, correct, complete and current. You agree that any information provided by you to Company will not violate any law or regulation or infringe the rights of any third party. By opening an account, you are certifying that you are capable of entering a contract under the laws of your jurisdiction.
You are responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs through your account. You shall not allow anyone else to use your unique ID, password or account at any time. You agree to notify Company immediately of any unauthorized use of your account or password or any other breach of security related to the Service or the Content. You shall be liable for any losses incurred by Company or its third party licensors due to the use of your unique ID, password or account by someone other than you. Neither Company nor any third party affiliated with Company, including its licensors, will be liable for any loss or damage arising from your failure to comply with the obligations set forth in this paragraph.
Features and specifications of the Service and prices of the Content may vary and are subject to change at any time without notice. Company does not provide price protection or refunds in the event of a reduction in price or a promotional offering. Purchases from the Service may include sales tax (where applicable).
Company may amend this Agreement at any time. If Company changes this Agreement in a manner that it believes materially reduces your rights, Company will send you written notice (via email) of such changes, including the effective date thereof. By continuing to use the Service after the effective date contained in the notice, you are indicating your acceptance of those changes and of all of the terms contained therein. Company (or the copyright holders of the Content, as applicable) may add, change, remove, suspend or discontinue the Service, the availability of any Content, or any part or portion thereof, temporarily or permanently, at any time without notice to you and without liability.
Company, its licensors, suppliers and affiliates assume no responsibility and shall not be liable for any damages to your computer equipment or other property as a result of your access to or use of the Content or the Service, including, without limitation, damage caused by any virus, hacking or other security intrusion.
Company is not responsible for the content of any website linked to the Service, including any links to websites owned or controlled by any licensor of any Content. Your use of any such links is entirely at your own risk. Such links are provided for your convenience only and should not be construed as an endorsement of the owner or content of any website. Company disclaims all warranties, express or implied, as to the accuracy, quality or otherwise of any materials or information contained on any such websites.
THE SERVICE AND THE CONTENT, INCLUDING ANY DOWNLOADED FILES IN WHICH THE CONTENT IS EMBODIED, ARE PROVIDED SOLELY ON AN "AS-IS" BASIS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, COMPANY AND ITS AFFILIATES, LICENSEES, LICENSORS AND SUPPLIERS: (1) DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE OR THE CONTENT, INCLUDING ANY DOWNLOADED FILES PURCHASED BY YOU; (2) EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW; AND, (3) DO NOT WARRANT THAT THE SERVICE AND THE CONTENT, AND YOUR USE THEREOF, WILL BE UNINTERRUPTED OR ERROR FREE. YOUR SOLE AND EXCLUSIVE REMEDY AND WARRANTY AND COMPANY’S SOLE OBLIGATION AND LIABILITY HEREUNDER WITH RESPECT TO THE SERVICE AND THE CONTENT WILL BE REPLACEMENT OF ANY DEFECTIVE DOWNLOAD(S).
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, IN NO EVENT WILL COMPANY, ITS AFFILIATES, LICENSEES, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES OR LOST PROFITS, HOWEVER CAUSED, ARISING FROM OR RELATING TO THE SERVICE, THE CONTENT OR THIS AGREEMENT UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM LOSS OF DATA OR FROM YOUR USE OF THE SERVICE OR THE CONTENT IN VIOLATION OF THIS AGREEMENT. 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 BY YOU DURING THE TERM OF, AND IN CONNECTION WITH, YOUR USE OF THE SERVICE.
The Content may contain views, opinions, statements or other information which represent the views, opinions, or statements of the individual owners or creators of the Content and not necessarily those of Company or its affiliates. Neither Company nor its affiliates, licensees or suppliers represent or endorse any view opinion, statement or other information contained in the Content or provided by the owners or creators thereof. Such views, opinions, statements or other information are solely those of the owners or creators of the Content. Reliance upon any such views, opinions, statements or other information shall also be at your own risk. Furthermore, Company is not responsible for typographical errors contained in the Service or the Content. Company and its affiliates, shall not be liable to you or any third party for any inaccuracy, error, omission, interruption, infringement of any intellectual property right, deletion, defect, failure of performance or communication line failure, regardless of cause, or for any damages resulting from any of the foregoing.
You will defend and indemnify Company and its affiliates, licensees, licensors, distributors and suppliers (and each of their respective affiliates, officers, directors, employees and agents) against any and all claims, losses, damages, liabilities, judgments, assessments, fines, costs and other expenses (including reasonable attorneys' fees and court costs) arising from or relating to your use of the Service or the Content. This paragraph shall survive the termination of this Agreement.
This Agreement shall be effective until terminated. This Agreement and your rights to access and use the Service are subject to immediate termination, without notice, if you breach any provision of this Agreement or if you use the Service, the Content or the Trademarks in violation of this Agreement.
This Agreement and your use of Service will be governed by the laws of the State of Tennessee, without regard to its conflict of laws principles.
You and Company agree that any dispute between you and Company arising out of or related to this Agreement, the Service or the Content will be resolved exclusively and finally by arbitration administered by the American Arbitration Association (the "AAA") and conducted under the then-current rules of the AAA, except as otherwise provided below. You and Company will agree on another arbitration forum if AAA ceases operations. The arbitration will be conducted before a single arbitrator who has practiced law for at least the last ten (10) consecutive years and will be limited solely to the dispute between you and Company. The arbitration, or any portion of it, will not be consolidated with any other arbitration and will not be conducted on a class-wide or class action basis. The arbitration will be held in Nashville, Tennessee.
Any decision rendered in such arbitration proceedings will be final and binding on the parties and judgment may be entered thereon in any court of competent jurisdiction. Should either party bring a dispute in a forum other than AAA, the arbitrator may award the other party its reasonable costs and expenses, including attorneys' fees, incurred in staying or dismissing such other proceedings or in otherwise enforcing compliance with this dispute resolution provision. You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that you have expressly and knowingly waived those rights and agreed to resolve any disputes through binding arbitration in accordance with the provisions of this paragraph. This arbitration provision shall be governed by the Federal Arbitration Act, 9 U.S.C. Sect. 1, et seq.
You understand and agree that any unauthorized use of the Service and any Content, or any related software or materials, will result in irreparable injury to Company and its affiliates for which money damages would be inadequate and in such event Company or its affiliates, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this paragraph or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that Company, its affiliates or licensors may have under separate legal authority, including but not limited to, any claim for intellectual property infringement.
Last updated: 10/3/2013