The following terms and conditions (the “Terms and Conditions”) govern your use of website(s) owned by Bethel Music and WorshipU, respective divisions of Bethel Church of Redding (“Bethel Music”), including, www.bethelmusic.com and www.worshipu.com, as well as all other domain names owned or controlled by Bethel Music, or any of its affiliates and/or subsidiaries (collectively, the “Site”). The Site is made available by Bethel Music, and its affiliates (“Bethel Music” or “we” or “us”). We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Site.
BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO ACCESS OR USE THE SITE. THIS IS A BINDING LEGAL AGREEMENT.
As between you and Bethel Music, Bethel Music owns, solely and exclusively, all rights, title and interest in and to the Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, lyrics, software, etc.), code, data and materials thereon, the look and feel, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership of any content, code, data or materials you may access on the Site. You may view the content on the Site on your computer or other internet-compatible device, and make single copies or prints of the content on the Site for your personal, internal use only.
Any commercial distribution, publishing or exploitation of the Site, or any content, code, data or materials on the Site, is strictly prohibited unless you have received the express prior permission of Bethel Music or the applicable rights holder. (The Site may contain some features that enable you to obtain rights to use certain content on the Site, such as photographs, comments, and the like. In such situations, your rights to use such content are limited to the rights expressly granted by Bethel Music in such situations.) You may not otherwise copy, reproduce, distribute or otherwise exploit any content, code, data or materials on the Site. If you make other use of the Site, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. Bethel Music will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
Notwithstanding the foregoing, and unless we otherwise agree, you shall remain the owner of any content you post on the Site; provided, however, we shall have the nonexclusive, perpetual right to use, distribute, license and sublicense, translate, exploit and copy such content, in our sole discretion; and provided, further, that you shall not be entitled to any compensation whatsoever in connection with the use and enjoyment of our rights described above.
The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of Bethel Music and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders, or otherwise in violation of applicable law. All Trademarks not owned by Bethel Music that appear on the Site, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Bethel Music or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Site is strictly prohibited. Bethel Music will aggressively enforce its Trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.
Infringement And DMCA Notices
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been violated, please notify Bethel Music’s agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at: firstname.lastname@example.org, or our Copyright Agent at: Bethel Music, Attn: Copyright Agent, 5090 Caterpillar Road, Redding, CA 96003. All notices must include: a) Identify the material on the Site that you claim is infringing, with enough detail so that we may locate it on the Site; b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; c) A statement by you declaring under penalty of perjury that (1) the above information in your notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; d) your name, address, telephone number, and email address; and e) your physical or electronic signature. Bethel Music will remove the alleged infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
Membership And Billing
You can find the specific details regarding your membership with WorshipU at anytime by logging into your WorshipU profile and clicking the “Settings” page. There, you will find the next billing date and monthly cost for your subscription.
Your WorshipU membership may start with a free trial. The free trial period of your membership lasts between 7 days, or as otherwise specified during the sign-up process. Free trials may not be combined with any other offers. You must have Internet access and a current valid accepted credit card as indicated during sign-up to use our service. If you have been a WorshipU member within the last 12 months, or if your credit card or email address have been associated with a WorshipU membership you are not eligible to receive a free trial.
We will begin billing your credit card for monthly membership fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including monthly membership price and end date of your free trial period, visit your account settings page on our website. Your credit/debit card will be authorized but not actually charged for up to approximately 7 days of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made against the card unless you do not cancel prior to the end of your free trial period. You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. If YOU CANCEL PRIOR TO THE END OF YOUR FREE TRIAL, THERE WILL BE NO CHARGES TO YOUR CREDIT CARD. CLICK THE “FAQs” LINK ON THE WORSHIPU WEBSITE AT ANYTIME TO SEE INSTRUCTIONS ON HOW TO CANCEL YOUR SUBSCRIPTION. We will continue to bill your credit card on a monthly basis for your membership fee until you cancel your subscription. You may cancel your subscription at anytime; however, there are no refunds or credits for partially used periods.
We may offer a number of membership plans, including special promotional plans or memberships with different limitations. Some of these promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties and shall not be deemed in default of any obligation to you as a result of any failure on the part of a third party. We reserve the right to modify, terminate or otherwise amend our offered membership plans. Unless otherwise stated differently, month or monthly refers to your billing cycle (See “Billing” below).
If you are eligible, and have signed up for a free trial, your credit card will be authorized for up to approximately one month of service during free trials; however, no charges will be made against the card unless you do not cancel prior to the end of your free trial period. We may also periodically authorize your card in anticipation of membership or related charges. Membership fees and charges are fully earned upon payment. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different credit card or if there is a change in credit card, such as your card’s validity or expiration date, you may edit your payment information by visiting our website and clicking on the “Settings” link, available in the left hand drawer of the WorshipU website. If your credit card reaches its expiration date and you do not edit your payment information or cancel your account (see, “Cancellation” below), you authorize us to continue billing that card and you remain responsible for any uncollected amounts.
Your WorshipU membership, which may start with a free trial portion, will continue month- to-month unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees to your credit card. We will bill the monthly membership fee to the credit card you provide to us during registration (or to a different card if you change your account information). Membership fees are fully earned upon payment.
You may cancel your WorshipU membership at any time. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED MOVIES OR LESSONS. To pause your subscription, visit our website and click on “Cancel Subscription” on your “Account Settings” page.
You warrant and agree that, while using the Site, you shall not upload, post or transmit to the Site, or distribute or otherwise publish through the Site, any materials that: (a) are protected by third party copyright, or other proprietary or intellectual property right; (b) are unlawful, threatening, hateful, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, profane, obscene, vulgar or that contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), (c) restrict or inhibit any other user from using and enjoying the Site, (d) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or (e) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.
You also warrant and agree that you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material); (c) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information, or send chain letters or pyramid schemes via the Site; (d) attempt to gain unauthorized access to other computer systems through the Site; (e) “stalk” or otherwise harass anyone using the Site or access through the Site; (f) contact anyone using the Site or accessed through the Site for any commercial purpose; or (g) contact anyone using the Site or accessed through the Site for any inappropriate, unlawful, or elicit purpose. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
Although Bethel Music may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, Bethel Music is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations on the Site nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site.
You agree that if you include a link from any other website to the Site, such link shall open in a new browser window. You agree not to link from any other website to this Site in any manner such that the Site, or any page of the Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve the right to revoke your right to link to the Site from your website at any time upon written notice to you.
You agree to defend, indemnify and hold Bethel Music and its directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorney fees, arising in any way from your use of the Site, your placement or transmission of any message, content, information, software or other materials through the Site, or your breach or violation of the law or of these Terms and Conditions. Bethel Music reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Bethel Music’ defense of such claim.
You assume all risk when using the Site, including, but not limited to, all of the risks associated with any online or offline interactions with others, including communication, dating, bartering, buying, selling, and correspondence. You agree to take all necessary precautions associated with such activities. BETHEL MUSIC IS NOT LIABLE OR RESPONSIBLE FOR ANY ACTIVITIES YOU ENGAGE IN WITH PERSON (S) YOU FIND AND/OR WHO FIND YOU THROUGH OR ON THE SITE, AND BETHEL MUSIC EXPRESSLY WAIVES ANY AND ALL WARRANTIES OF SAFETY AND RESPONSIBILITY FOR YOUR CONDUCT AND INTERACTIONS.
Account And Password
You may be enabled to create an account in the Site with a username and/or password. If so, you are responsible for maintaining the strict confidentiality of your account password, and you shall be responsible for any access to or use of the Site by you or any person or entity using a password provided to you, whether or not such access or use has been authorized by or on behalf of you, and whether or not such person or entity is your employee or agent. You agree to (a) immediately notify Bethel Music of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify Bethel Music when you desire to cancel your account on the Site. Bethel Music will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
Access To The Content
Activation And Subscription Fees
Bethel Music reserves the right to charge activation and/or subscription fees for various services we may offer, in our sole discretion (the “Fees”). Once incurred, the Fees are not subject to refund or offset, unless otherwise agreed in writing.
In the event that you receive software demos or other software products downloaded from and/or access through the Site or otherwise delivered or provided by Bethel Music in response to your request, your use of such software will be, in addition to these Terms and Conditions, subject to the software license agreement that accompanies such software.
Media Downloads And Streaming
In the event that you are permitted to download (including podcasts) and/or stream media, including, but not limited to, video, audio, and/or other media, you understand and agree that your use is limited to personal, non-transferrable access, and is subject to any restrictions placed on such media content.
We may make certain products available to visitors and registrants of the Site, including specials, deals, discounts, and the like. You may only access or purchase any such products by, among other things, warranting that you are domiciled in the United States and you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by PayPal and/or credit/debit card concurrent with your online order or by other payment means acceptable to Bethel Music. You agree to pay all applicable taxes. If payment is not received by us, you agree to pay all amounts due upon demand by us, including any costs of collection, including attorney fees.
Third Party Websites
You may be permitted to link from the Site to third party websites (“Linked Sites”). For example, you may purchase products, some of which may be Bethel Music products, on or though Linked Sites. You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites. Links to Linked Sites do not constitute an endorsement by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites.
Disclaimer Of Warranties
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. BETHEL MUSIC ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, BETHEL MUSIC AND ITS SUPPLIERS, VENDORS, AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS, DISCOUNTS, SPECIALS, AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH BETHEL MUSIC OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED BY BETHEL MUSIC “AS IS”, EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND BETHEL MUSIC OR ITS LICENSOR, VENDOR, OR SUPPLIER.
Limitation Of Liability
IN NO EVENT SHALL BETHEL MUSIC OR ANY OF ITS DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO BETHEL MUSIC FOR YOUR USE OF THE SITE.
You shall at all times indemnify and hold Bethel Music, its respective shareholders, directors, officers, members, employees, agents, successors, and assigns, harmless from and against any and all claims, damages, losses, costs, liabilities and expenses, including attorney fees, arising out of or caused by a breach by you of any representation, warranty or agreement made by you and/or any use or reliance on the Content and/or any other property owned by Bethel Music, or otherwise arising out of or in any way related to your use of the Site.
Relationship Of Parties
Nothing contained in any Bethel Music agreement or in these Terms and Conditions shall constitute a partnership between or joint venture of the parties, or constitute either party as the agent of the other. Neither party shall hold itself out contrary to the terms of any Bethel Music agreement and/or these Terms and Conditions, and neither party shall be or become liable by reason of any representation, act or omission of the other contrary to the provisions the same. Except as otherwise expressly provided for, any Bethel Music agreement is not for the benefit of any third party and shall not be deemed to give any right or remedy to any such party.
No waiver by Bethel Music of any breach of any agreement, warranty, representation, obligation, promise, and/or other part of these Terms and Conditions shall be deemed a waiver of any preceding, continuing or succeeding breach of the same, or any other item.
You shall not assign any of your rights and/or delegate any of your obligations under this or any other agreement with Bethel Music. Any purported assignment and/or delegation by you shall be null and void. Bethel Music may assign and/or delegate any of its rights and/or obligations under these Terms and Conditions, and/or under any other agreement between you and Bethel Music.
All applicable Bethel Music agreements and these Bethel Music Terms and Conditions shall be binding upon and inure to the benefit of the parties and each of their respective successors and assigns.
Any notices required to be given by any party to the other shall be in writing and may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Either party may change its address for purposes of this Agreement by giving the other party written notice of the new address in the manner set forth above.
The headings used in these Terms and Conditions, or any articles, sections or paragraphs, are inserted only for the purposes of convenient reference and that they may not accurately or adequately describe the contents of the sections or paragraphs which they head. Such headings shall not be deemed to limit, cover or in any way affect the scope, meaning or intent of these Terms and Conditions, or any part of thereof, nor shall they otherwise be given any legal effect.
Governing Law And Venue; Attorney Fees
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California. The exclusive venue of any mediation, action or other proceeding arising out of this Agreement shall be in the state and federal courts in the Shasta County, State of California. The prevailing party in any dispute or proceeding arising out of this Agreement shall be entitled to recover its costs and expenses, including reasonable attorney fees, incurred as a result thereof.
Nothing herein contained shall be construed as to require the commission of any act contrary to law, and wherever there is any conflict between any provisions of these Terms and Conditions, and any material statute, law or ordinance contrary to which the parties have no legal right to contract, the latter shall prevail, but in such event, the provisions of the Terms and Conditions affected shall be curtailed and limited only to the extent necessary to bring it within the legal requirements.
All Bethel Music agreements, including these Terms and Conditions, may be executed (including by electronic execution) in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
In the event any mediation, lawsuit and/or any other action or proceeding is instituted by you against Bethel Music, your recovery, if any, shall be absolutely limited by the amount of activation and/or subscription fees you pay to Bethel Music.
These Terms and Conditions are intended by the parties as the final expression of their agreement and understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms thereof and supersedes any and all prior and contemporaneous agreements and understandings related thereto. Any modification of these Terms and Conditions by Bethel Music shall be binding immediately upon posting to the Site.
Compliance With Local Laws
Bethel Music operates the Site from its offices in the United States of America. Bethel Music does not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations, do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Modifications To Site And Services
Bethel Music reserves the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.
Bethel Music reserves the right to temporarily or permanently terminate your access to the Site for any or no reason without prior notice.
Acceptance Of Terms And Conditions
Your use of the Site, or any part thereof, constitutes your express understanding, acknowledgement and acceptance of these Terms and Conditions, to the same extent as if you signed a document evidencing your acceptance and agreement with these Terms and Conditions.
Revision Date: August 2014