ChurchMix.com User Agreement
- ChurchMix, LLC, a California limited liability company dba ChurchMix.com gives instruction for church leaders and lay persons for the purpose of obtaining the best audio experience in places of worship.
- The services offered by ChurchMix.com ("Churchmix.com" or "we") include the ChurchMix.com website (the "ChurchMix Website"), the forums, and any other features, content, or applications offered from time to time by ChurchMix.com in connections with the ChurchMix website (collectively, the "ChurchMix services". The ChurchMix services are hosted in the United States.
- ChurchMix allows Members (defined below) to view video instruction, interact in forums on the site, and gain additional instruction and interaction within this site's content. Visitors to ChurchMix.com will be able to enjoy limited content and instruction without the ability to interact on the site.
- ChurchMix.com may modify this Agreement from time to time and such modifications shall be effective upon posting by Churchmix.com on the ChurchMix website. You agree to be bound to any changes to this Agreement when you use the ChurchMix Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
- Please choose carefully the information you post on ChurchMix.com and that you provide to other Users. Your ChurchMix.com profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other ChurchMix.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and ChurchMix.com assumes no responsibility or liability for this material. If you become aware of misuse of the Churchmix Services by any person, please contact email@example.com or click on the "Report Inappropriate Content" link at the bottom of any ChurchMix.com page.
ChurchMix.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the ChurchMix Services at any time, for any or no reason, with or without prior notice, and without liability. ChurchMix expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of ChurchMix Services if ChurchMix determines, in its sole discretion, that you pose a threat to ChurchMix and/or its Users.
- Eligibility. Use of and Membership in the ChurchMix Services is void where prohibited. By using the ChurchMix Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are either 18 years of age or older or you are the guardian of a minor and agreeing to the terms of this Agreement on behalf of a minor; and (d) your use of the ChurchMix Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning if we believe that you are under 18 years of age and are not receiving proper adult supervision.
- Term. This Agreement shall remain in full force and effect while you use the ChurchMix Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. ChurchMix.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.
- Fees and Services. BETA PHASE - all fees and services including numbers of questions allowed by members may need to be adjusted during the Beta phase of ChurchMix.com. If adjustments are necessary, all members will be sent an email or bulletin 2 weeks prior. ChurchMix will not be held responsible for any member’s email account if the email or bulletin goes to their bulk mail or spam account. Please make sure ChurchMix.com is added to your email address book, or list of preferred senders to insure this does not happen.
- Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify ChurchMix.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
- Noncommercial Use by Members. The ChurchMix Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by ChurchMix.com. Illegal and/or unauthorized use of the ChurchMix Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the ChurchMix Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the ChurchMix Services.
Proprietary Rights in Content on ChurchMix.com.
- ChurchMix.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the ChurchMix Website. After posting your Content to the ChurchMix Website, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the ChurchMix Services, you hereby grant to ChurchMix.com a limited license to use, modify, publicly display, reproduce, and distribute such Content solely on and through the ChurchMix Services.
- The ChurchMix Services contain Content of ChurchMix.com ("ChurchMix.com Content"). ChurchMix.com Content is protected by copyright, trademark, patent, trade secret and other laws, and ChurchMix.com owns and retains all rights in the ChurchMix.com Content and the ChurchMix Services.
- The ChurchMix Services contain Content of Users and other ChurchMix.com licensers. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the ChurchMix Services.
- Users may not record or permanently store any Content accessed on the ChurchMix Video Player to your computer hard drive or other storage device. You may not post such videos to any other person or website. Legal action will be pursued in such cases.
- ChurchMix.com may delete any Content that in the sole judgment of ChurchMix.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. ChurchMix.com assumes no responsibility for monitoring the ChurchMix Services for inappropriate Content or conduct. If at any time ChurchMix.com chooses, in its sole discretion, to monitor the ChurchMix Services, ChurchMix.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
- You are solely responsible for the Content that you post on or through any of the ChurchMix Services, and any material or information that you transmit to other Members and for your interactions with other Users. ChurchMix.com does not endorse and has no control over the Content. Content is not necessarily reviewed by ChurchMix.com prior to posting and does not necessarily reflect the opinions or policies of ChurchMix.com. ChurchMix.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the ChurchMix Services. ChurchMix.com reserves the right to investigate and take appropriate legal action against anyone who, in ChurchMix.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the ChurchMix Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of ChurchMix.com:
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information from anyone under 18;
- provides any telephone numbers, street addresses, last names, URLs or email addresses;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices.
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming".
The following is a partial list of the kind of activity that is illegal or prohibited on the ChurchMix Website and through your use of the ChurchMix Services. ChurchMix.com reserves the right to investigate and take appropriate legal action against anyone who, in ChurchMix.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
- criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- advertising to, or solicitation of, any Member to buy or sell any products or services through the ChurchMix Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the ChurchMix Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, ChurchMix.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which ChurchMix.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the ChurchMix Services, you acknowledge that you will have caused substantial harm to ChurchMix.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay ChurchMix.com $50 for each such unsolicited email or other unsolicited communication you send through the ChurchMix Services;
- covering or obscuring the banner advertisements on your personal profile page, or any ChurchMix.com page via HTML/CSS or any other means;
- any automated use of the system, such as using scripts to add friends or send comments or messages;
- interfering with, disrupting, or creating an undue burden on the ChurchMix Services or the networks or services connected to the ChurchMix Services;
- attempting to impersonate another Member or person;
- using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
- selling or otherwise transferring your profile;
- using any information obtained from the ChurchMix Services in order to harass, abuse, or harm another person;
- displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the ChurchMix Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, linking a profile with a website with a commercial purpose, or sending private messages with a commercial purpose; or -
- using the ChurchMix Services in a manner inconsistent with any and all applicable laws and regulations.
- Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of ChurchMix.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to ChurchMix.com by the copyright owner or the copyright owner's legal agent.
- User Disputes. You are solely responsible for your interactions with other ChurchMix.com Users. ChurchMix.com reserves the right, but has no obligation, to monitor disputes between you and other Users.
- Disclaimers. ChurchMix.com is not responsible for any incorrect or inaccurate Content posted on the ChurchMix Website or in connection with the ChurchMix Services, whether caused by Users of the ChurchMix Services or by any of the equipment or programming associated with or utilized in the ChurchMix Services. Profiles created and posted by Members on the ChurchMix Website may contain links to other websites. ChurchMix.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by ChurchMix.com. Inclusion of any linked website in the ChurchMix Services does not imply approval or endorsement of the linked website by ChurchMix.com. When you access these third-party sites, you do so at your own risk. ChurchMix.com takes no responsibility for third party advertisements which are posted on this ChurchMix Website or through the ChurchMix Services, nor does it take any responsibility for the goods or services provided by its advertisers. ChurchMix.com is not responsible for the conduct, whether online or offline, of any User of the ChurchMix Services. ChurchMix.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. ChurchMix.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the ChurchMix Services or combination thereof, including any injury or damage to Users or to any person's computer or equipment of any kind related to or resulting from participation, information or advice given or downloading materials in connection with the ChurchMix Services. Under no circumstances shall ChurchMix.com be responsible for any loss or damage, including personal injury or death, resulting from use of the ChurchMix Services, attendance at a ChurchMix.com event, from any Content posted on or through the ChurchMix Services, or from the conduct of any Users of the ChurchMix Services, whether online or offline. The ChurchMix Services are provided "AS-IS" and as available and ChurchMix.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. ChurchMix.com cannot guarantee and does not promise any specific results from use of the ChurchMix Services.
- Limitation on Liability. IN NO EVENT SHALL CHURCHMIX.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF CHURCHMIX.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CHURCHMIX.COM'S 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 CHURCHMIX.COM FOR THE CHURCHMIX SERVICES DURING THE TERM OF MEMBERSHIP OR NON-MEMBER VISITATION TO THE CHURCHMIX.COM SITE
- U.S. Export Controls. Software available in connection with the ChurchMix Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the ChurchMix Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
- Disputes. If there is any dispute about or involving the ChurchMix Services, you agree that the dispute shall be governed by the laws of the State of California, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue before the American Arbitration Association in Orange County, CA. The prevailing party shall be entitled to all attorneys fees and costs.
- Indemnity. You agree to indemnify and hold ChurchMix.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the ChurchMix Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the ChurchMix Website or through the ChurchMix Services causes ChurchMix.com to be liable to another.
- Other. This Agreement is accepted upon your use of the ChurchMix Website or any of the ChurchMix Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and ChurchMix.com regarding the use of the ChurchMix Services. The failure of Churchmix.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. ChurchMix.com is a trademark of ChurchMix. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at firstname.lastname@example.org with any questions regarding this Agreement.