Purchase of any product or service on the Site constitutes your agreement to and acceptance of all the TOS. ChapelMusic.com reserves the right to add to, delete or change these TOS because of frequent changes in Internet technology and applicable law. As such, you should check these TOS from time to time for such changes.
- The Chapel Music Services. CM users (“Users”) may purchase individual products for their own personal use. ChapelMusic.com allows all Users to browse the Site and purchase products from the Site. CM may offer a number of other services and products on its Site, such as message boards, contests, and newsletters, which may change from time to time.
- Content. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Chapel Music, Inc. and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these TOS, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution for any commercial enterprise, without Chapel Music’s express prior written consent.
- Use of the Site and CM Service.
- Eligibility. Chapel Music will only knowingly provide the CM service to parties that can lawfully enter into and form contracts under applicable law.
- Compliance With TOS and Applicable Law. You must comply with all of the terms and conditions of these TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the CM service and the Site.
- Your License to Use the Site and the CM services. CM grants you a limited revocable license to access and use the Site and the CM services for its intended purposes, subject to your compliance with these TOS. This license does not include the right to collect or use information contained on the Site for purposes prohibited by CM; create derivative works based on the products or any third party content available via the Site; or download or copy the Site (other than page caching).
- Rules For Use Of the Site.
- Prohibited Uses. Except as may be expressly permitted by CM, you may not: (i) interfere with CM by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, alter or create derivative works from any technology used to provide Content ; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Site, except in the operation or use of an internet "search engine", hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the CM services; (v) impersonate another person or entity; (vii) use any meta tags, search terms, key terms, or the like that contain CM’s name or trademarks; (viii) engage in any activity that interferes with another user's ability to use or enjoy the CM services; or (ix) assist or encourage any third party in engaging in any activity prohibited by these TOS. CM reserves the right to bar any such activity.
- You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any CM server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
- You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of CM, including any CM account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
- You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or CM’s systems or networks, or any systems or networks connected to the Site or to CM.
- You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to CM on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
- You may not use the Site or any Content for any purpose that is unlawful or prohibited by these TOS, or to solicit the performance of any illegal activity or other activity which infringes the rights of CM or others.
- Monitoring. CM reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Site. If CM determines, in its sole and absolute discretion, that you or another CM user have breached a term or condition of these TOS or that such transaction or communication is inappropriate, CM may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.
- Modification of the Service. CM may modify the CM Service at any time with or without notice to you, and will incur no liability for doing so.
Submissions. Submissions. When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information ("Submissions"), you grant CM permission to use such submissions for marketing and other promotional purposes. You agree that CM will have no obligation to keep any Submissions confidential and you will not bring a claim against CM for use of such Submissions.
Links to Other Sites and to the CM Site. This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under CM’s control and CM is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Accounts, Passwords and Security. Certain features or services offered on or through the Site may require you to open an account (including setting up a CM ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of you failing to keep this information secure and confidential. You agree to notify CM immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by CM or any other user of or visitor to the Site due to someone else using your CM ID, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s CM ID, password or account at any time without the express permission and consent of the holder of that CM ID, password or account. CM cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Representations and Warranties.
- Disclaimers and Limitation of Liability ChapelMusic.com is providing this web site for your information and buying purposes only. The content of all publications shown on the website, including the accuracy of all facts and statements therein, is the responsibility of the author of the publication and not ChapelMusic.com. Certain organizations may choose to link this web site to their own website. Such linkage is not meant to imply that CHAPELMUSIC.COM or its owners agree with, support or concur with the content such web sites may contain.
CHAPELMUSIC.COM, AND ITS OWNERS, ARE PROVIDING THIS SITE AND ITS CONTENTS TO ANYONE WHO CHOOSES TO ACCESS THIS WEB SITE "AS IS" WITHOUT ANY OBLIGATIONS, LIABILITIES OR, TO THE FULL EXTENT PERMITTED BY LAW, WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. EACH USER EXPRESSLY ACKNOWLEDGES THAT USE OF THIS WEBSITE AND ITS CONTENT IS AT THE USER'S SOLE RISK. CHAPELMUSIC.COM AND ITS OWNERS DO NOT WARRANT THAT THIS WEB SITE OR ANY OF ITS CONTENTS WILL BE CONTINUOUSLY AVAILABLE, ACCESSIBLE, NON-INFRINGING, OR FREE OF ERRORS OR VIRUSES, OR THAT THE INFORMATION CONTAINED IN IT IS ACCURATE OR RELIABLE. CHAPELMUSIC.COM AND ITS OWNERS WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY (INCLUDING INDIRECT, SPECIAL AND CONSEQUENTIAL DAMAGES) WHICH MAY RESULT FROM THE USE OR INABILITY TO USE ANY PART OF THE WEBSITE, OR FROM ANYTHING SUBMITTED OR POSTED BY USERS OR FROM AN UNAUTHORIZED USE OF A CREDIT CARD NUMBER DESPITE ALL REASONABLE EFFORTS BY CHAPELMUSIC.COM AS DESCRIBED ABOVE, TO PREVENT SUCH UNAUTHORIZED USE. THE TERMS OF THIS PARAGRAPH WILL SURVIVE ANY TERMINATION OF THIS NOTICE AND WEB SITE.
- LIMITATION OF LIABILITY. EXCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS AND WARRANTIES UNDER THESE TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TOS, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THESE TOS EXCEED THE GREATER OF (i) THE AMOUNT PAID OR PAYABLE BY CHAPELMUSIC.COM TO YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY OR (ii) $100.
Indemnification. You agree to indemnify and hold CHAPELMUSIC.COM and its employees, representatives, agents, affiliates, directors, officers, managers and (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any of these TOS. If you have to indemnify CHAPELMUSIC.COM under this Section, CHAPELMUSIC.COM will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without the express written permission of CHAPELMUSIC.COM.
Violation of TOS. CM may disclose any information it has about you (including your identity) if it determines that such disclosures are necessary in connection with any investigation or complaint regarding your sue of the Site, or to identify contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) CM’s rights or property, or the rights or property of visitors to or users of the Site, including CM’s customers. CM reserves the right at all times to disclose any information it deems necessary to comply with applicable law, regulation, legal process or governmental request. CM may also disclose your information when it determines that applicable law permits or requires such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that CM may preserve any transmittal or communication by you with CM through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or CM determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these TOS, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of CM, its employees, Users or visitors to the Site, and the public.
- You agree that ChapelMusic.com may, in its sole discretion and without prior notice, suspend or terminate your access to and/or block your future access to the Site or Chapel Music Service if it determines that you have violated these TOS or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these TOS will constitute an unlawful and unfair business practice, and will cause irreparable harm to CM, for which monetary damages would be inadequate, and you consent to CM obtaining any injunctive or equitable relief that CM deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies CM may have at law or in equity.
You agree that CM may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
- If CM does take any legal action against you as a result of your violation of these TOS, CM will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to CM. You agree that CM will not be liable to you or any third party for termination of your access to the Site as a result of any violation of these TOS.
- Survival. These TOS will survive indefinitely unless and until Chapel Music chooses to terminate them.
Dispute Resolution. You agree that all matters relating to your access or use of this Site, including all disputes, will be governed by the laws of the State of Idaho which shall be the law giving effect to and interpretation of all terms and conditions hereunder, without regard to its conflict of laws provisions. Any action pertaining to this web site shall be in the State of Idaho with Ada County the venue for such action. You and any other person named a party to any action regarding this web site agree to submit to the exclusive jurisdiction of the courts of the State of Idaho and of the United States of America located in the State of Idaho.
Any claim under these TOS must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between CM and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Purchases; Other Terms and Conditions. Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these TOS by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these TOS and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
CM’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
CM may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and CM makes no commitment to update the materials on the Site with respect to such products and services.
Miscellaneous. These TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Idaho without reference to conflict of law principles. These TOS will not be assignable or transferable by you without the prior written consent of Chapel Music. These TOS (including all of the policies and other Agreements described in this TOS, which are incorporated herein by reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. The invalidity or unenforceability of any provision of these TOS will not affect the validity or enforceability of any other provision of these TOS, all of which will remain in full force and effect.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on this Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
Feedback and Information. Any feedback you provide at this site shall be deemed to be non-confidential. CM shall be free to use such information on an unrestricted basis.
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Silver Spring, Maryland 20904
The information contained in this web site is subject to change without notice.
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