TERMS OF USE
1. ACCEPTANCE OF TERMS OF USE
All website services (“Services”) provided to you by the GospelCity.com website (“the Website”) are provided to you subject to the following terms and conditions. Your subscription to or participation in the any of the Services offered on the Website, including the newsletters, promotions or contests, Message boards and Online Forums, and your use of the Website indicate that you accept and agree to be bound by these terms and conditions (“Terms of Use”).
2. REGISTRATION INFORMATION AND PRIVACY POLICY
To access certain features or Services of the Website, you may be asked to register and to provide GospelCity.com with certain information about yourself. We use this information to improve the Website and our Services and to offer content that is more relevant for our users. You are responsible (a) for providing GospelCity.com with true, accurate, current and complete information about yourself as prompted by the services’ registration form and (b) for maintaining and updating your registration information If you provide any information that is untrue, inaccurate or incomplete, or which GospelCity.com has reasonable grounds to suspect that such information is untrue or inaccurate, we have the right to suspend your account with us or to deny access to the Services.
GospelCity respects the privacy of your information as set forth in our Privacy Policy.
3. MESSAGE BOARD ACCOUNT, PASSWORD AND SECURITY
Upon completing the registration process, you will receive a username and password. You are responsible for maintaining the confidentiality of the username and password and are fully responsible for all activities that occur under or through your username and password. You agree to (a) immediately notify GospelCity of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit (logout) from your account at the end of each session. GospelCity will not be held responsible for any loss or damage arising from your failure to comply with the foregoing.
4. MESSAGE BOARD CONDUCT
You understand that you are solely responsible for any and all data, text, software, music, sound, photographs, graphics, video, messages or other materials, posted by you on any GospelCity Message Board or other Online Forum (including, but not limited to, Chat Rooms and other interactive services provided on the Website from time to time). This means that you, and not GospelCity, are entirely responsible for all Content that you upload, post, e-mail or otherwise transmit via the Message Board, other Online Forum or through any other means of transmission to the Website.
You are also solely responsible for, and assume any and all risks associated with viewing and/or using any Content posted on Message Boards or Online Forum. GospelCity does not control, edit, verify, or endorse any Content posted on this website by users, and does not guarantee the accuracy, integrity or appropriateness of any Content posted by users. Users may be held legally liable for any Content posted to this website, and may be held legally accountable if the Content they post include(s) material that infringes any patent, trademark, trade secret, copyright or any other intellectual property or the proprietary right(s) of any person or entity. GospelCity reserves the right to monitor its Message Boards and Online Forums at any time to ensure that these rules are being adhered to.
You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will GospelCity be responsible or liable in any way for any Content, including, but not limited to, 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, e-mailed or otherwise transmitted to the Message Board and Online Forums.
You agree to not use the Message Board and Online Forums to upload, post, e-mail or otherwise transmit any Content that:
(a) is unlawful, defamatory, obscene, invasive of another´s privacy, hateful, threatening, vulgar, profane, harmful, libelous, racially ethnically, or otherwise objectionable;
(b) you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information );
(c) infringes any patent, trademark, trade secret, copyright or other proprietary rights (\´Rights\´) of any party; this includes copyrighted software that is distributed illegally, \´MP3\´ or other electronic or digital files of copyrighted music, copyrighted photographs, text, video, or artwork;
(d) impersonates any person or entity, or falsely misrepresents an association or relationship with a person or entity;
(e) contains software viruses or any other computer code or any other harmful component designed to impair, destroy, or limit the functionality or operability of any computer system, software, hardware, or equipment;
(f) constitutes any form of harassment of any user of GospelCity or any other person;
(g) contains nudity, pornography, or sexual material of a vulgar, indecent, or obscene nature, or that violates applicable laws with respect to such Content;
(h) promotes any contest, or game requiring payment of a fee or other consideration by participants;
(i) advertises or promotes any product or service without having received prior written consent from GospelCity; or any Content that solicits funds, advertisers or sponsors; or
(j) interferes with or disrupts the normal functioning of the Message Board, Online Forum or servers or networks connected to these Services; or any activity that GospelCity, in its sole judgment, deems inappropriate for its Message Boards and Online Forums.
GospelCity and its designees shall have the right to remove any Content that violates these Terms of Use or is otherwise objectionable. You agree that you 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.
You acknowledge and agree that GospelCity may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of GospelCity, its users and the public.
5. INDEMNITY
You agree to indemnify and hold GospelCity.com and A.G. Media Group, Inc. and their subsidiaries, affiliates, directors, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorneys´ fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Message Boards and Online Forums, your use of the Services, your connection to the Services, your violation of the Terms of Use, or your violation of any rights of another.
6. NO REPRODUCTION OR RESALE OF CONTENT
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the copyrighted or trademarked content on this web site (which includes, without limitation, any and all articles, text, graphics, logos, advertisements, video or music clips, photographs and software) without GospelCity’s prior written consent. Further, the computer code that generates the GospelCity.com website pages is protected by copyright and any copying or adapting of such code is strictly prohibited.
7. MODIFICATIONS TO SERVICES
GospelCity reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that GospelCity shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
8. TERMINATION
You agree that GospelCity, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Services, and remove and discard any Content within the Services, for any reason, including, without limitation, for lack of use or if GospelCity believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. GospelCity may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services may be effected without prior notice, and acknowledge and agree that GospelCity may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that neither GospelCity nor A.G. Media Group shall be liable to you or any third-party for any termination of your access to the Services.
9. AMENDMENTS TO TERMS OF USE
GospelCity reserves the right to amend these Terms of Use at any time by posting the amended terms and conditions to this \´Terms of Use\´ section of the GospelCity.com website. Such amendments will be effective when posted.
10. CONTESTS, PROMOTIONS AND SWEEPSTAKES
From time to time, GospelCity and/or its sponsors may conduct contests, promotions or sweepstakes (“Promotions’) on the website. Each Promotion will have additional terms and conditions which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed to form a part of this agreement (the \´Promotion Terms\´). In the event of a conflict between these Terms of Use and the Promotion Terms, the Promotion Terms shall govern for purposes of your participation in the Promotion to which the Promotion Terms relate.
11. GOSPELCITY´S PROPRIETARY RIGHTS AND TRADEMARKS
You acknowledge and agree that the Service and any necessary software used in connection with the Services (\´Software\´) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by GospelCity or advertisers, you agree not to modify, loan, sell, or otherwise distribute or create derivative works based on the Services or the Software, in whole or in part.
GospelCity.com, the GospelCity.com logo, A.G. Media Group, Inc., the A.G. Media Group logo (“the A.G. Media Marks”) are trademarks of A.G. Media Group, Inc. Without GospelCity.com’s prior permission, you agree not to display, use or copy in any manner the A.G. Media Marks.
12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN \´AS IS\´ AND \´AS AVAILABLE\´ BASIS. GOSPELCITY AND A.G. MEDIA GROUP, INC. EXPRESSLY DISCLAIM 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.
(b) GOSPELCITY MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (vi) THE SERVER THAT MAKES THE WEBSITE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS,
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GOSPELCITY OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
13. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOSPELCITY (AND A.G. MEDIA GROUP) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE GOSPELCITY.COM WEBSITE OR THE SERVICES; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICES.
14. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 12 AND 13 MAY NOT APPLY TO YOU.
15. SEVERABILITY OF PROVISIONS
In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, the remaining portion hereof shall remain in full force and effect and such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed to the extent necessary to make such provisions valid and enforceable.
