Worship Team Sync
Disclaimer

WorshipTeamSync.com Terms of Use

LAST UPDATE TO THE TERMS OF USE: 19th NOVEMBER 2014

1. INTRODUCTION

Thank you for selecting www.worshipteamsync.com (referred to as “Site”, “Worship Team Sync”, “WTS”, "we", "our", or "us"). Please read these Terms of Use ("Terms") carefully. The Terms are a legal agreement between you and us in relation to your use of the Site and its associated apps (the “Agreement”).

2. USE CONSTITUTES ACCEPTANCE

By accessing the Site or any of the associated apps, registering as a user or using any of our services you agree to these Terms. If you do not agree to these Terms, you may not use the Site or services and should leave this Site immediately.

3. SCOPE

These Terms govern your use of the Site and its associated apps, including software, applications and services including transactions such as sharing music and worship details, advertising, all communications, content, updates and new releases, (collectively, the "Services"). It includes by reference the Site’s Privacy Policy. All of the Site and Services are within the scope of this Agreement.

4. MEMBERSHIP

In order to upload content to the Site, the worship leader, music director or other representative of a church registers for an account with the Site. After this initial registration, further members of that church, for example worship team members, may sign up individually by identifying themselves as members of the registered church group. Uploaded content is only available for sharing within that church group. All registration information you provide to us must be accurate, complete and up to date.

5. PROTECTION OF MINORS

You must be 13 years or older to use the Site or any Service and must be 18 years or older to register with the Site.

In cases where you have authorized a minor (someone under 18 years of age) to use the Site or Services, you acknowledge and agree that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Site or Services; and (iii) the consequences of any misuse by the minor. You acknowledge and understand that some Site areas may contain material that is inappropriate for minors.

6. ACCOUNT AND PASSWORD SECURITY

If you register as a user with the Site you will be asked to choose a password. You must comply with the content rules set out in the Terms including but not limited to the following:

  • You must not use your account in connection with the impersonation of any person.
  • You must keep your password confidential.
  • You must notify us via the help section or in writing immediately if you become aware of any disclosure of your password.
  • You are responsible for any activity on the Site arising out of any failure to keep your password confidential, and may be held liable for any damages or losses arising out of such a failure.
We are entitled to assume that anyone who accesses your account or service using your password does so by your authority. You are solely responsible for determining whether the security provided by us and our suppliers is sufficient for your purposes. If you do not agree the security is sufficient it is your responsibility to either implement your own additional security or not use the Site.

7. PRIVACY, PERSONAL INFORMATION AND COOKIES

The Site uses cookies and collects information. By using the Site and/or Services you consent to our use of cookies and the collecting of information in accordance with this Agreement and our Privacy Policy.

8. YOUR OBLIGATIONS

Worship Team Synch and you have both have a variety of rights and obligations under this Agreement and the Site Privacy Policy and you must read both these documents in their entirety to review all of these rights and obligations.

One of your obligations is you must not infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right of any third party through your use of the Site and Services and must only share content when you possess all sufficient permissions, rights and/or licenses to provide or upload all and any content shared by you on or through the Site. Further, in the event of you infringing the intellectual property rights of any third party through your use of the Site or Services, it is you and not Worship Team Sync that will be liable. This means you must not share music unless you have own the rights to that music OR you have permission from the owner of the music OR you have the applicable license, for example a license purchased from Christian Copyright Licensing International (CCLI) OR the music is in the public domain.

9. OWNERSHIP AND INTELLECTUAL PROPERTY

9.1 Ownership rights in the Site and Services

You obtain no ownership of or interest in the Site, our Services or any of our hardware or software or any of our intellectual property or any other of our assets, other than in accordance with these Terms. No intellectual property or other ownership rights, including but not limited to copyright, trademarks, website design, text, graphics and source code, in the Site or Site Services transfer from us to you as a result of these Terms.

9.2 No infringement of third party rights

You warrant and represent that your content will not infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right; and you possess all sufficient permissions, rights and/or licenses to provide or upload all and any content shared by you on or through the Site or Services.

9.3 You agree to abide by existing licenses

You agree to be bound by third party licenses of content that you share or access using the Site or Services and to abide by the terms of use of any such third party content.

9.4 CCLI License Requirements

You agree to adhere to the requirements of any applicable CCLI license, including but not limited to the following:

  • You agree that you will not alter or change the basic lyric, melody, or fundamental character of any song.
  • You agree that each reproduced version of a song will contain the song title, writer credit(s) and copyright notice in substantially the following form: [name of song], words and music by [creator name] © [copyright year] [name of publisher] [CCLI License #].
  • You agree not to photocopy or duplicate octavos, cantatas, musicals, handbell music, keyboard arrangements, vocal scores, orchestrations or other instrumental works.
  • You agree not to translate songs from one language to another. This can only be done with the approval of the respective copyright owner.
  • You agree not to rent, sell, lend, or distribute copies made under a CCLI license to individuals or groups outside the church, or to other churches.
  • You agree not to assign or transfer a CCLI license to any other church or group without CCLI's approval.
  • You agree that you and not us will be liable for any infringement or violation of an applicable CCLI license.
  • 9.5 Copyright claims based on member content

    The majority of the Site’s content is generated by our users and is known as User Generated Content (UGC). We do not check UGC for violations of copyright, trademarks or other rights but the Site is protected by international safe-harbor provisions for online service providers and follows international best practice such as the principles of the EU Directive on Electronic Commerce and the US Digital Millennium Copyright Act (DMCA).

    We will act expeditiously to remove content as soon as we have we have actual knowledge that it infringes copyright. If you believe there is copyright infringing material on the website, please contact us via the Contact section of the Site at http://www.worshipteamsync.com/Contact_US with the following information:

    • The name and address of the complaining party.
    • A description of the infringing materials and their Internet location, usually the URL.
    • Sufficient information to identify the copyrighted works.
    • A statement by the owner that it has a good faith belief that there is no legal basis for the use of the materials complained of.
    • A statement of the accuracy of the notice and, under penalty of perjury, that the complaining party is the owner or authorized to act on the behalf of the owner.

    10. YOUR REPRESENTATIONS AND WARRANTIES

    In addition to all other warranties you have agreed to under these Terms, by using the Site and Services you warrant and represent that have the right, authority, and capacity to enter into a legal agreement with us and will abide by all of the terms and conditions of these Terms.

    11. LICENCE TO USE OUR SERVICES

    • You agree that we have no responsibility or liability for the deletion, corruption or failure to store any content maintained or transmitted on or by the Site.
    • You acknowledge that the features and services provided by us may change at any time without prior notice to you.
    • You acknowledge that we reserve the right to sign out, terminate or delete your membership at any time and for any reason at our sole discretion.
    • You may only use the Site and Services for personal purposes, and you must not use them for any other purposes and not for any illegal purposes.
    • Except as expressly permitted by these Terms, you must not edit or otherwise modify any material on the Site.
    • We reserve the right to restrict your access to the Site and/or Services at our sole discretion and you must not circumvent or bypass, or attempt to circumvent or bypass, any such access restrictions.

    12. ACCEPTABLE USE OF OUR SERVICES

    You may not:

    • use our Site or Services in any way or take any action that causes, or may cause, damage to them or impair their performance, availability or accessibility;
    • use our Site or Services in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
    • use our Site or Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
    • conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Site or Services without our express written consent;
    • access or otherwise interact with our Site or Services using any robot, spider or other automated means;
    • use data collected from our Site or Services for any direct marketing activity, including without limitation email marketing, SMS marketing, telemarketing and direct mailing.

    13. CANCELLATION AND SUSPENSION OF YOUR ACCOUNT

    We may suspend your membership, cancel your membership, and/or edit your details at any time at our sole discretion without notice or explanation. You may cancel your membership using the Site’s administration functions.

    14. LICENCE TO HOST YOUR CONTENT

    In these Terms, "your content" means all works and materials (including but not limited to songs, music, lyrics, arrangements, worship details, documents, comments, text, graphics, images, audio material, video material, audio-visual material and files) that you submit to us or the Site for publication on the Site. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to:

    • reproduce, store and publish your content on and in relation to our Site and Services and any successor websites or services;
    • publish your content on and in relation to our Site and Services.
    You may edit your content to the extent permitted using the editing functionality made available by us. Without prejudice to our other rights under this Agreement, if you breach this Agreement in any way, or if we reasonably suspect that you have breached this Agreement in any way, we may delete, unpublish or edit any or all of your content.

    15. RULES REGARDING YOUR CONTENT

    You warrant and represent that your content will comply with this Agreement. Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law). Your content and the use of your content by us in accordance with this Agreement, must not:

    • be vilifying or maliciously false;
    • be obscene or indecent;
    • infringe any person’s right of privacy or right under data protection legislation;
    • constitute negligent advice or contain any negligent statement;
    • constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
    • be in contempt of any court, or in breach of any court order;
    • be in breach of racial or religious hatred or discrimination legislation;
    • be blasphemous;
    • breach national security or anti-terror legislation;
    • be in breach of any contractual obligation owed to any person;
    • depict violence, in an explicit, graphic or gratuitous manner;
    • contain child pornography or other illegal pornographic content;
    • be untrue, false, inaccurate or misleading;
    • consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
    • constitute spam;
    • be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
    • intend to cause annoyance, inconvenience or needless anxiety to any person.

    16. OUR FEES

    16.1 Annual and monthly subscription terms incorporated by reference

    For Services offered on a subscription basis, the following terms apply, unless we notify you otherwise in writing. This Agreement also incorporates by reference any other ordering and payment terms published on the Site.

    16.2 Payment in Canadian dollars

    Payments will be billed to you in Canadian dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the ordering or payment terms published on the Site.

    16.3 Manner of payment

    You must pay your subscription each month for monthly subscriptions and each year for annual subscriptions with a valid PayPal account or a valid credit card acceptable to us.

    16.4 Incorrect payment information

    If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Site or Services.

    16.5 You must keep your payment information up to date

    If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your Services, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.

    16.6 Automatic renewal

    We will automatically renew your monthly subscription to the Services at the current rates, unless the Services are cancelled or terminated under this Agreement.

    16.7 Your account records

    We maintain records of your services, charges and payments and all such records are taken to be correct unless they are proven to be in error.

    16.8 Free trial period

    We make our industry leading worship team management services available to you at no charge through our Site on a free, functional, try-before-you-buy basis through a free trial of 30 days. We provide the free trial period so that you can evaluate the Services before you make a purchase decision. Please use the trial period to make sure we meet your needs before deciding to continue through to a paid subscription. During your trial period, we are available to assist in installation and configuration via http://www.worshipteamsync.com/Contact_US. We strongly recommend that all customers utilise the free trial prior to making a purchase.

    16.9 No refund for past payments or services

    If you become a monthly subscriber to Worship Team Sync, you have the option to cancel at any time but no refunds will be given for payments you have already made.

    16.10 Impact of cancellation on your content

    Once you cancel we are no longer obliged to provide any further service to you. Your obligations of indemnity under this Agreement survive. For all other purposes the contract between you and us will be at an end and are no longer responsible for storing or retaining your content. It is solely your responsibility to copy and download any content you require before you cancel your service.

    17. DISPUTE RESOLUTION

    You acknowledge and agree you will be fair and reasonable in all your buying and selling of code and apps and you agree to work constructively to settle any dispute or conflict you may have with another Site user. You agree you will submit to our internal dispute resolution service by contacting us at http://www.worshipteamsync.com/Contact_US and will abide by our determinations.

    18. LINKS

    Our Site may feature links to websites operated by third parties, for example advertisers or sponsors. Such websites do not form part of the Site or Services and are not under our control. We do not accept any responsibility for the contents of any such third party website. If you link to any third party websites you leave our Site entirely at your own risk.

    19. LIMITED WARRANTIES

    We do not warrant or represent:
    the completeness or accuracy of any information published on or through the Site or Services;
    that the material on the Site/Services is up to date; or
    that the Site and/or Services will remain available.
    We reserve the right to discontinue or alter any or all of our Services, and to stop publishing the Site at any time at our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in this Agreement, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of the Site and/or Services, or if we stop publishing the Site and/or Services. To the maximum extent permitted by applicable law we exclude all representations and warranties relating to the subject matter of this Agreement, our Site and Services and the use of our Site and Services.

    20. DISCLAIMER

    WE AND/OR OUR SUPPLIERS AND CONTRIBUTORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF ANY CONTENT OR OTHER SERVICE ON THE SITE. ALL CNTENT AND SERVICES ARE PROVIDED "AS IS", “AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. WE AND/OR OUR SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, RESULTS OF USE, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, INTERFERENCE WITH QUIET ENJOYMENT, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND ANY ALL WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. FURTHER, WE DISCLAIM ANY WARRANTY THAT YOUR USE OF ANY CONTENT OR SERVICE WILL MEET ANY OR ALL OF YOUR REQUIREMENTS OR THAT SUCH USE WILL BE UNINTERRUPTED, ERROR FREE, VIRUS-FREE OR SECURE.

    21. LIMITATION OF LIABILITY

    IN NO EVENT SHALL WE AND/OR OUR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOVER UNDER ANY LEGAL THEORY, INCLUDING WITHOUT LIMITATION DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE, NON-USE OR PERFORMANCE OF THE SITE OR ANY ASSOCIATED SERVICE.

    22. INDEMNITY

    You agree to indemnify and hold harmless www.worshipteamsync.com and its subsidiaries, licensors, affiliates, third party information providers, producers, directors, employees, owners, operators, and agents, against any and all damages, losses, costs (including, but not limited to, legal fees), claims, suits, actions, or other proceedings brought against us based on or arising from any claim resulting from your breach of this Agreement, your violation of any law or third party intellectual property right or other right, any claim that use of our services has harmed a third party, your use or inability to use the Site or its content and its information, your use of the Services, including but not limited to, any music, songs, chords, lyrics or worship details.

    This indemnity includes but is not limited claims arising from (i) your use, misuse, reliance upon, or inability to use any content or Service; (ii) our use, misuse, or non-use of any content or other Service that you have submitted; (iii) any bugs, viruses or other malicious code, errors in, interruption, suspension, or termination of any services caused by any music, songs, chords, lyrics or worship details or other content or Service.

    You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by us in connection with or arising from any such claim, suit, action, or proceeding. We reserve the right, at our sole discretion and at our sole expense, to assume the exclusive defense and control of any claims. You agree to reasonably cooperate as requested by us in the defense of any claims.

    23. BREACHES OF THIS AGREEMENT

    If you breach this Agreement in any way, or if we reasonably suspect that you have breached this Agreement in any way, we may:

    • delete or block access to some or all of your content including but not limited to uploaded music in our sole discretion;
    • send you one or more formal warnings;
    • temporarily suspend your access to the Site/Services;
    • permanently prohibit you from accessing the Site/Services;
    • block computers using your IP address from accessing the Site/Services;
    • contact any or all your Internet service providers (ISPs) and request that they block your access to the Site/Services;
    • commence legal action against you, whether for breach of contract or otherwise; and/or suspend or delete your account.
    • Where we suspend or prohibit or block your access to our websites and or software/applications or a part of our websites and or software/applications, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

    24. VARIATION

    We may revise these Terms from time to time. The revised Terms shall apply to the use of our Site and/or Services from the date of publication of the revised Terms on the Site, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these Terms. If you do not agree to the revised Terms, you must stop using the Site and Services.

    25. ASSIGNMENT

    You agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these Terms.

    26. SEVERABILITY

    If any Term is determined by any court or other competent authority to be unlawful and/or unenforceable, the other Terms will continue in effect. If any unlawful and/or unenforceable Term would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the Term will continue in effect.

    27. WAIVER

    Our failure to exercise or enforce any right or provision of these Terms is not a waiver of such right or provision.

    28. GOVERNING LAW

    This Agreement and all other agreements between the parties, their interpretation and enforcement are governed by the laws of the Province of Alberta and the laws of Canada applicable therein, without regard to the conflicts of law provisions therein. You agree that any dispute or claim arising from or relating to the subject matter of this Agreement shall be governed by the exclusive jurisdiction and venue of the provincial and federal courts located in Edmonton, Alberta, Canada to the exclusion of the courts in any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods and applicable local laws incorporating or embodying its terms or intent does not apply to this Agreement or any other agreements between the parties.

    29. HELP

    You can contact us via the Contact section of the Site at http://www.worshipteamsync.com/Contact_US

    30. RELATIONSHIP BETWEEN THE PARTIES

    No partnership, joint venture, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Site or Services.

    31. TITLES AND HEADINGS

    Titles and headings are inserted in this Agreement for reference purposes only, and must not be used to interpret the Agreement.

    32. NOTICES

    You consent to receive notices and information from us in respect of the Site and Services by electronic communication. You may withdraw this consent by contacting us at http://www.worshipteamsync.com/Contact_US but if you do so we may choose to terminate your Site registration. We may provide you with notices, including those regarding changes to these terms by email, publication on the Site, or in any other way recognised by law.

    33. LIMITATION OF ACTION

    In the event that any action or other proceeding is sought to be brought against us, for any purpose, you agree, notwithstanding any legislative Statute of Limitations to the contrary, that such proceeding must be brought within one year of the action or event giving rise to the cause of action, or such proceedings shall be forever barred as against us and any persons who in law or at equity could claim contribution or indemnity against us.

    34. INTERNATIONAL USE

    We make no representation that materials on the Site are appropriate or available for use in locations outside Canada, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.

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