Terms of Purchase

These terms of purchase ("Terms of Purchase") govern your purchase of Products (defined below) from properties that [present these Terms of Purchase or] link to these Terms of Purchase (the "Integrity Properties"), including, without limitation, the WORSHIPKITCHEN service through the WORSHIPKITCHEN player application ("WORSHIPKITCHEN Player") and the websites located at www.integritymusic.com, www.worshipkitchen.com (the "WORSHIPKITCHEN Site"), and www.integritydirect.com. The Integrity Properties are owned by Integrity Media, Inc. and its affiliates and/or subsidiaries (Integrity Direct, LLC and Integrity Direct, LLC's affiliates and subsidiaries shall be cumulatively referred to in these Terms of Purchase as "Integrity"). You should carefully read these Terms of Purchase, the Terms of Use and the Integrity Privacy Policy before you purchase any Products from the Integrity Properties.

BY CLICKING THE "I AGREE" BUTTON BELOW DURING THE INTEGRITY ACCOUNT SET-UP PROCESS OR, IF YOU DO NOT HAVE OR USE AN INTEGRITY ACCOUNT TO MAKE A PURCHASE, OR BY PERFORMING THE PURCHASE PROCESS, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF PURCHASE.

YOU Acknowledge AND AGREE that the information you provide, EITHER DIRECTLY OR INDIRECTly by PURCHASing PRODUCTS FROM the INTEGRITY Properties, will be managed in accordance with the INTEGRITY Privacy Policy.

IF YOU DO NOT ACCEPT THESE TERMS OF PURCHASE, YOU MAY NOT PURCHASE ANY PRODUCTS FROM THE INTEGRITY PROPERTIES.

These Terms of Purchase were last updated in August, 2007.

1. Products. Integrity, by itself or in connection with third parties, makes a variety of products, services and content available for purchase on the Integrity Properties ("Products"), including, but not limited to, Subscription Products, Download Products, and Physical Products.
1. Definition of Product Types: For the purposes of these Terms of Purchase:
1. a "Subscription Product" is a product available for purchase on an Integrity Property that allows access to designated content on or through the Integrity Property during the term of the subscription to such Subscription Product. The content available through a Subscription Product shall be subject to such content's associated Product Use Rules (defined below), if any. Additional terms and conditions relating to a Subscription Product may be applicable and such terms will be set forth on the Integrity Property where such Subscription Product is offered or in a link associated with such Subscription Product (the "Subscription Product Terms"). The Subscription Product Terms applicable to any Subscription Product purchased by you or through your Integrity Account are hereby incorporated into these Terms of Purchase by reference.
2. "Download Product" means an item of content available for purchase and download by customers on or through an Integrity Property; the use of such content shall be subject to the content's associated Product Use Rules, if any.
3. "Physical Product" means a CD, DVD, book, apparel, or other item of physical media available for purchase on or through an Integrity Property.
2. Purchaser's Responsibilities. You are responsible for the purchase and maintenance, at your sole cost and expense, of any additional hardware, software, Internet access, and/or related service access and devices required to access the Integrity Properties and to use any Product.
2. Purchasing Products:
1. General Purchase Requirements. In order to purchase Products you must be at least eighteen (18) years of age. The Integrity Properties offer the following two options by which you may purchase Products, (i) by establishing an Integrity Account within the relevant Integrity Property and providing billing and related information to be used in connection with purchases made using such Integrity Account through such Integrity Property, or (ii) by providing billing and related information each time you desire to purchase a Product. Please note, however, that both purchasing options may not be available for a given Product. For example, in order to purchase Products through the WORSHIPKITCHEN Player, you will be required to have an Integrity Account through the WORSHIPKITCHEN Site (a "WORSHIPKITCHEN Account"), and the purchases you make through the WORSHIPKITCHEN Player will be charged to you in accordance with the billing information you provide in relation to your WORSHIPKITCHEN Account.
2. Purchasing a Product Using an Integrity Account. When you attempt to purchase a Product using an Integrity Account at an Integrity Property, you will be prompted to enter your Integrity Account log-in information for such Integrity Property or, if you do not have an Integrity Account for that Integrity Property, to establish an Integrity Account. If you previously established an Integrity Account for the Integrity Property and such Integrity Account does not contain billing information, you will be prompted to input billing information in order to complete the purchase. As stated above, some Products may only be purchased using an Integrity Account and, therefore, if you elect not to establish an Integrity Account for a particular Integrity Property or not to use your Integrity Account for a purchase, you will not be permitted to purchase such Products. If you elect to establish an Integrity Account or to use your Integrity Account to purchase a Product, your purchase will be charged to you using the billing information you provided for such Integrity Account. YOU ARE SOLELY RESPONSIBLE FOR ALL ACTIONS, INCLUDING BUT NOT LIMITED TO THE PURCHASE OF PRODUCTS, MADE BY YOU OR BY ANYONE ELSE USING YOUR INTEGRITY ACCOUNT(S).
3. Purchasing Product by Providing Billing and Related Information Each Time You Make a Purchase. If an Integrity Account is not required to purchase a Product, you may purchase such Product by providing billing, shipping and related information as requested by Integrity at the time of purchase. Each time you make a purchase in this manner, you must provide us with accurate contact information so we may contact you regarding your purchase, if necessary.
3. Methods of Payment.
1. Generally. You may use the following methods of payment to purchase Products through or on the Integrity Properties: MasterCard, Visa, American Express and Discover. In addition, certain Integrity Properties may accept cash, money order, checks or other methods of payment. The Integrity Properties do not accept credit/debit cards issued from banks outside the U.S. By purchasing a Product, you represent and warrant that you have the right and are authorized to use the credit/debit card or other method of payment you present to purchase such Product and that the billing and related information you provide is accurate and truthful. If you are using a credit/debit card to purchase a Product, or to pay a balance, you understand and agree that Integrity may seek a pre-approval from the bank that issued your credit/debit card for an amount that shall not exceed the value of your order plus an estimated allowance for any applicable taxes, shipping and handling charges and other applicable charges. Applicable limits on such cards may prevent you from making a purchase.
2. b. Authorization. You acknowledge that we will, and hereby authorize us to, charge your credit/debit card when we bill you for any charges incurred by you in connection with the purchase of Products, including but not limited to, all amounts due Integrity in connection with your purchase of a Subscription Product, whether such amounts become due before or upon termination of a Subscription Product pursuant to these Terms of Purchase (e.g., any amounts due for a current or future subscription period and any applicable termination fees). BY PROVIDING A CREDIT/DEBIT CARD NUMBER AND RELATED BILLING INFORMATION TO INTEGRITY IN CONNECTION WITH YOUR INTEGRITY ACCOUNT, YOU AUTHORIZE INTEGRITY TO CHARGE THAT CREDIT/DEBIT CARD FOR ALL PRODUCTS ORDERED UNDER THAT INTEGRITY ACCOUNT WITHOUT FURTHER OR PRIOR NOTICE TO YOU, including but not limited to all amounts that become due before or upon termination of a Subscription Product. If for any reason, you have not authorized charges to be made to your credit/debit card or your credit/debit card issuer does not pay Integrity for charges, Integrity reserves the right to suspend or terminate any order for a Product, including but not limited to any Subscription Product.
4. Billing. If you make a purchase through your Integrity Account, you may access information regarding such purchase through your Integrity Account. For purchases of Download Products and Subscription Products we will send you a receipt for such purchases via email. For purchases of Physical Products, an invoice/receipt will be included as part of our shipment to you of the Physical Products. For the purposes of these Terms of Purchase, the "Total Purchase Price" means the value of Product(s) purchased plus any applicable taxes, shipping and handling charges and other applicable charges. Products purchased via the Integrity Properties will be billed in accordance with the following:
1. Download Product. If you purchase a Download Product, our policy is to (i) authorize your credit/debit card at the time of purchase for the value of your purchase plus an estimated allowance for any applicable taxes, shipping and handling charges and other applicable charges, and (ii) bill your credit/debit card for the Total Purchase Price of such purchase within one to two business days.
2. Subscription Product. If you purchase a Subscription Product, our policy is to (i) authorize your credit/debit card at the time of purchase for the price of the initial subscription period for such Subscription Product plus an estimated allowance for any applicable taxes, shipping and handling and other applicable charges, and (ii) bill your credit/debit card for the Total Purchase Price of such initial subscription period within one to two business days. Fees for subsequent subscription periods will be authorized/billed automatically (in accordance with the preceding sentence) according to the schedule provided in the Subscription Product Terms applicable to such Subscription Product (i.e. monthly, yearly, etc.) made available to you when purchasing the Subscription Product (each fee paid for an applicable subscription period is a "Subscription Payment"). Integrity will continue to bill you monthly, yearly or otherwise, as applicable, for all amounts due Integrity in connection with your purchase of a Subscription Product whether such amounts become due before or upon termination of a Subscription Product (e.g., any amounts due for a current or future subscription period and any applicable termination fees). In the event the billing information in your applicable Integrity Account is not current or accurate when a fee for or in connection with a Subscription Product is due, Integrity may immediately terminate your subscription to such Subscription Product without any further obligations to you.
1. If a Subscription Payment for a Subscription Product will vary in amount from the immediate past Subscription Payment, Integrity will inform you, at least ten (10) days before the next Subscription Payment is due, what the new amount of your Subscription Payment will be and when it will be charged to your account.
2. If you sign up for a trial subscription to a Subscription Product, we will authorize your credit/debit card for the amount of a regular subscription to such Subscription Product but we will not charge your credit/debit card until either (i) the trial subscription period ends without receiving notice from you to cancel your subscription to the Subscription Product, or (ii) you upgrade to a paid subscription to the Subscription Product. Unless otherwise provided for in the Subscription Product terms applicable to a particular Subscription Product, the trial subscription period for any Subscription Product will be fifteen (15) days.
3. Physical Product. If you purchase a Physical Product by credit/debit card, our policy is to (i) authorize your credit/debit card at the time of purchase for the value of your order plus an estimated allowance for any applicable taxes, shipping and handling charges and other applicable charges, and (ii) bill your credit/debit card for the Total Purchase Price of such purchase when your order is shipped.
4. Simultaneous purchases of Download Product, Subscription Product and Physical Product. If you purchase any combination of Download Products, Subscription Products and Physical Products as part of a single transaction, Integrity will bill you for each type of Product in accordance with the applicable billing descriptions set forth above in (a), (b), and (c) of this Section 4. For clarity, if you purchase Download Products, Subscription Products and Physical Products as part of a single transaction, you may be billed separately for each Product (e.g. the transaction may appear as more than one purchase on your credit/debit card statement).
5. Permitted Use of Certain Products; Product Use Rules. When you make a purchase through the Integrity Properties the content you purchase may be protected with digital rights management ("DRM") technology. The DRM technology enforces the permissions for the content you purchase that has been established by Integrity, its licensors or other third parties, that is, it enforces the uses you are permitted to make of the Products you purchase ("Product Use Rules"). The Product Use Rules applicable to any content offered through the Integrity Properties can be reached through a link associated with such content when purchased. You agree to strictly comply with the Product Use Rules applicable to any content you purchase through the Integrity Properties. You also agree that you shall not, or assist any other person to, attempt to decompile, circumvent, disassemble, reverse-engineer or otherwise interfere or tamper with the DRM technology associated with any content. You acknowledge and agree that your compliance with applicable Product Use Rules may be monitored and Integrity may enforce such Product Use Rules at any time, with or without notice to you.
6. Product Availability; Price Changes.
1. No Guarantee of Availability. Integrity does not guarantee the availability of any Product and Integrity may discontinue or otherwise cease offering a Product at any time in its sole discretion. In the event a Physical Product is not available at the time you place your order it is Integrity's policy to send you a notice via your email address on record (if any) that such Product is not available. This notice will inform you if a Product is temporarily (i.e. on back-order) or permanently unavailable. If the Product is temporarily unavailable, unless you notify us to cancel your order for such Product, your order for the temporarily unavailable Product will be fulfilled when the Product is next available. If a Product is permanently unavailable Integrity will not fulfill your order for such Product at any time. In either case, if you ordered additional Products, unless you notify us to cancel your entire order, Integrity will fulfill the balance of your order.
2. Prices Subject to Change and Pricing Errors. Prices are subject to change at any time without notice to you. In the event the price indicated for a Product on an Integrity Property is less than the correct price of the Product, Integrity will honor the price listed on the Integrity Property; provided such pricing error does not benefit you by more than 50% of the correct price of the Product. In the event the pricing error benefits you by more than this amount, Integrity will notify you via email and you may either choose to purchase the Product at the correct price or cancel your order. If the Product has already been shipped to you and you choose to cancel the order, you should follow the instructions provided to you in the email notifying you of such pricing error for returning the Product to Integrity and Integrity will pay the associated shipping costs.
7. Subscription Products.
1. Renewal. Your subscription to a Subscription Product shall continue and automatically renew on the periodic basis set forth in the Subscription Product Terms made available to you when purchasing the Subscription Product (generally on a monthly basis) unless terminated by you or Integrity as provided in these Terms of Purchase.
2. Your Termination of Subscription Products: If you subscribe to a Subscription Product, you may terminate your subscription at any time for any reason by calling/emailing Integrity as provided in the applicable Subscription Product Terms. Your termination of a Subscription Product will be effective within the then-current subscription period as described in the applicable Subscription Product Terms. For example, if you subscribe to a Subscription Product on a month-to-month basis and according to the applicable Subscription Product Terms your termination is not effective until the end of that billing month, if you terminate your subscription on day 3 of a particular billing month by calling/emailing Integrity, your termination will not be effective until the end of that billing month, you will be required to pay all fees for that month, and your subscription will not be prorated for that month. Upon termination, all amounts owed to Integrity with respect to such Subscription Product, including but not limited to any applicable termination fees, shall become due to Integrity. Please review the applicable Subscription Product Terms before purchasing a Subscription Product to ascertain when/if termination fees apply.
3. Integrity's Termination of Subscription Products: Integrity shall have the right to terminate any Subscription Product at any time upon the occurrence of any of the following events of default: (i) you fail to pay any sums payable with respect to such Subscription Product to Integrity when due; (ii) you breach these Terms of Purchase (as determined by Integrity in its sole discretion, including but not limited to the Product Use Rules applicable to the content accessed through the Subscription Product and the applicable Subscription Product Terms; (iii) you breach your representations, warranties or covenants with respect to these Terms of Purchase (as determined by Integrity in its sole discretion), (iv) you have made any material misstatements to Integrity, (v) you breach the Terms of Use (as determined by Integrity in its sole discretion, or (vi) Integrity discontinues a Subscription Product. Integrity's remedies are not exclusive but are in additional to all other remedies provided under these Terms of Purchase, at law or in equity. Integrity may, in its sole discretion, at any time suspend your access to the Integrity Properties, the Subscription Product or an Integrity Account for your failure to comply with these Terms of Purchase. Integrity further reserves the right at any time to modify, interrupt, limit, suspend or discontinue, temporarily or permanently, the Integrity Properties or any Subscription Product, in whole or in part, from time to time without notice, in its sole discretion, including, but not limited to as Integrity deems necessary for purposes of maintenance, upgrades and the like, to maintain the integrity of the Integrity Properties and Subscription Products or to comply with applicable law. Integrity shall not be liable to you or to any third party for any such modifications, suspensions or discontinuances of the Integrity Properties or the Subscription Products.
8. Refunds/Returns/Exchanges.
1. Subscription Products and Download Products: No refunds, returns or exchanges are permitted. All sales are final.
2. Physical Product:
1. If you are dissatisfied for any reason with any Physical Product you may return such Physical Product to Integrity within thirty (30) days after such Physical Product is shipped to you, and receive a refund of the purchase price of such Physical Product. You will be responsible for any shipping and other costs associated in returning such Physical Product to Integrity.
2. If a Physical Product is defective and was not damaged after delivery to you, you may return such Physical Product to Integrity within ninety (90) days after such Physical Product is shipped to you, and receive a refund of the purchase price of such Physical Product. If you receive a defective Physical Product, you should call Integrity customer service at ______________ and inform Integrity of the defect. Integrity will then send you a shipping label you should use to return the defective Product to Integrity. In the event you do not inform Integrity of the defect and obtain a shipping label from Integrity, you will be responsible for any shipping and other costs associated in returning such defective Product to Integrity.
9. Taxes. [To be completed by tax counsel.]
10. Title and Risk of Loss. Products shall be delivered to you at your designated place of receipt. Title to and risk of loss for the Products shall pass to you upon delivery of the Products designated place of receipt. You shall bear all risk of loss of and damage to the Products, including but not limited to digital music or other electronic files, once such Products are delivered to you.
11. Intellectual Property Rights. Integrity and its licensors own and retain all right, title and interest in and to any copyright, trademark, patent or other intellectual property embodied in any Product. Such intellectual property is protected under United States and other countries' copyright, trademark and other laws and international treaty provisions. Any unauthorized use by you of this intellectual property may subject you to civil and criminal penalties.
12. Other Applicable Terms and Conditions. These Terms of Purchase, Product Use Rules and Subscription Product Terms, as applicable, govern your purchase and use of the Products. If these Terms of Purchase conflict with any terms and conditions contained in applicable Product Use Rules or Subscription Product Terms the terms and conditions in the Product Use rules or Subscription Product Terms shall control. You acknowledge and agree that no employee, agent, dealer or service provider is authorized to make any promise, representation or warranty with respect to these Terms of Purchase or the Products or to amend, modify or waive any of these Terms of Purchase. Your electronic acceptance of the Agreement is the same as signing the Agreement.
13. Modifications to these Terms of Purchase. We may amend these Terms of Purchase upon advance notice provided to you in a manner we choose, that complies with law, and such revised Terms of Purchase will apply to purchases made by you subsequent to such notice. In addition, with respect to any Subscription Product we may modify the terms and conditions specific to a Subscription Product (including but not limited to the Product Use Rules) upon advance notice provided to you in a manner we choose, that complies with law. In the event such change has a material adverse impact (or other standard as may be required by law) on your rights or use of the Subscription Product, you may terminate the Subscription Product (as your sole remedy) in the manner described in the notice we provide, and you will not be charged a cancellation fee. If you do not terminate the Subscription Product within the time period and as otherwise described in the notice, you agree to the change.
14. Representations and Warranties. You represent and warrant (i) you are over eighteen (18) years of age, (ii) if you provide Integrity with information concerning a third party, including, without limitation, a third party's name and address, you have the authority to do so; and (iii) the Integrity Account information, billing information, or other information you provide in connection with your purchase are and will be true, correct, accurate and complete when supplied and will be updated and revised as and when data previously supplied becomes inaccurate.
15. Warranty.
1. General Disclaimer. The Products, including, but not limited to all Content, are provided "as is", "as available" and "with all faults." AS TO THE PRODUCTS, TO THE FULLEST EXTENT PERMITTED BY LAW, Integrity EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. You assume total responsibility and risk for your use of the products. Any products downloaded or otherwise obtained through the use of the Integrity Properties shall be so obtained at your own discretion and risk. Integrity will not be responsible for any damage to your computer system or loss of data that results from obtaining any products from the Integrity Properties. Your sole remedy for receiving defective or damaged products is set forth in Section 8.
2. Specific Disclaimers. Without limitation to the foregoing, Integrity makes no warranty: (a) there will be no interference with your enjoyment of Products; (b) the Products will fulfill any particular purpose, need requirement or specification or is complete, reliable or accurate; (c) your order for a Product(s) will be honored according to your schedule or any stated schedule; (d) the Products will be secure or error free; (e) any errors in Products will be corrected; (f) Products are lawful, appropriate or available for use in any particular location; or (g) Products displayed or referenced on the Integrity Properties are available for use in a particular location.
16. Limitation of Liability.
1. Types of Damages. Integrity shall not be liable under any theory (including negligence) for any incidental, consequential, indirect, special, lost profits or punitive damages arising out of your access to or use of ANY product, even if Integrity has been advised of the possibility of such damages.
2. Limitation. IN NO EVENT SHALL THE LIABILITY OF INTEGRITY FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR PENALTIES OR LOSS ARISING OUT OF OR RELATING TO ANY PRODUCT, REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), DELICT OR OTHERWISE OF ANY TYPE EXCEED, WITH RESPECT TO A (I) PRODUCT THAT IS NOT A SUBSCRIPTION PRODUCT, THE TOTAL OF ANY SUMS PAID TO INTEGRITY FOR SUCH PRODUCT; (II) SUBSCRIPTION PRODUCT, THE TOTAL OF ANY SUMS PAID TO INTEGRITY FOR SUCH SUBSCPRITON SERVICES PRODUCT FOR SIX MONTHS PRIOR TO THE DATE SUCH CLAIM AROSE; IN NO EVENT, HOWEVER, SHALL INTEGRITY'S LIABILITY EXCEED ONE HUNDRED DOLLARS (USD $100), ANY CLAIM FOR DAMAGES IN EXCESS THEREOF BEING HEREBY WAIVED BY YOU.
17. Indemnification. You agree to defend, indemnify and hold harmless Integrity and Integrity's officers, directors, predecessors, successors in interest, shareholders, employees, and agents (cumulatively "Integrity Indemnitees") for all claims against the Integrity Indemnitees that arise from or are related to your purchase or use of the Products.
18. Severability. If any provision of these Terms of Purchase is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
19. Governing Law; Claim Limitation. To the fullest extent permitted by law, these Terms of Purchase and any claim or dispute arising out of or relating to these Terms of Purchase, including but not limited to any Products, will be governed by and construed in accordance with the laws of the State of Alabama, without regard to its choice of law principles. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date such cause of action arises. Any claim or dispute arising out of or relating to these Terms of Purchase, including but not limited to any Product, shall be subject to the exclusive jurisdiction of state or federal courts located in Mobile County, Alabama, and you hereby consent and submit to the personal jurisdiction of such courts.
20. U.S. Government Restrictions and Export Controls. You may not use, export or re-export the materials at the Integrity Properties or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations.
21. Entire Agreement. These Terms of Purchase constitute the entire agreement between you and Integrity relating to your purchase of Products and shall supersede any other agreement between you and Integrity with respect to the subject matter of these Terms of Purchase. No change, waiver or discharge hereof will be valid unless made in writing and signed by an authorized representative of the party against which such change, waiver of discharge is sought to be enforced.
22. Miscellaneous. Each party shall perform its obligations under these Terms of Purchase in compliance will all applicable international, federal, state and local laws, regulations and ordinances. These Terms of Purchase do not create any fiduciary relationships between you and Integrity, service providers or other companies that assist with providing the Products. These Terms of Purchase do not create any relationship of principal and agent, partnership or similar relationship. Where appropriate in context, the conjunctive shall include the disjunctive, any shall include all, the singular shall include the plural, and vice versa. Section headings in these Terms of Purchase are for convenience only and have no legal or contractual effect. Except as otherwise provided in this Agreement, the terms, provisions, covenants, representations, warranties and indemnities contained in this Agreement which by their nature, sense and context survive or are expressly intended to survive the expiration or termination of this Agreement will so survive and continue in full force and effect until they are satisfied or by their nature expire, including, without limitation, Sections [to be completed upon finalization of the Terms of Purchase].