Terms of Use
ATTENTION: CAREFULLY READ THESE TERMS OF USE
AND THE INTEGRITY PRIVACY
POLICY BEFORE USING THE INTEGRITY SITES (DEFINED
BELOW) AND REVIEW THE TERMS
OF PURCHASE BEFORE PURCHASING ANY CONTENT
FROM OR THROUGH THE INTEGRITY SITES. These terms
of use ("Terms of Use") govern your
use of the websites that link to these Terms of
Use (the "Integrity Sites"), including
without limitation, the websites located at www.integritymusic.com,
www.worshipkitchen.com (the "WORSHIPKITCHEN
Site"), and www.integritydirect.com. The
Integrity Sites are owned by Integrity Media,
LLC and its affiliates or subsidiaries (Integrity
Direct, LLC and Integrity Direct LLC's affiliates
and subsidiaries shall be cumulatively referred
to in these Terms of Use as "Integrity").
It is important that you carefully read (i) these
Terms of Use and the "Integrity
Privacy Policy" before you use any Integrity
Site, and (ii) the "Terms
of Purchase" before you purchase any
Content (defined below) from or through the Integrity
Sites. YOUR USE OF THE INTEGRITY SITES INDICATES
YOUR (I) ACCEPTANCE OF THESE TERMS OF USE, (II)
acknowledgement that the information you provide
either directly or indirectly through the INTEGRITY
SiteS will be managed in accordance with the INTEGRITY
Privacy Policy , AND (III) ACKNOWLEDGEMENT
THAT THE TERMS OF PURCHASE
WILL GOVERN YOUR PURCHASE OF CONTENT FROM OR THROUGH
THE INTEGRITY SITES.
IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU
MAY NOT ACCESS OR USE THE INTEGRITY SITES.
These Terms of Use were last updated in [August],
2007.
- User Eligibility
The Integrity Sites are available worldwide
and may be operated from various locations both
within and outside the United States. The Integrity
Sites, however, should only be accessed and
used by those individuals (each a "User")
(i) who agree to be bound by these Terms of
Use, and (ii) who are accessing and using the
Integrity Sites from locations where such access
and use, and any features, services or products
discussed, referenced provided or offered through
or on the Integrity Sites (the "Available
Features"), are not prohibited by applicable
law. Access to the Integrity Sites and Available
Features may be inappropriate, prohibited or
restricted in countries outside the United States.
If you access/use the Integrity Sites from outside
the United States, you do so at your own risk
and you are responsible for complying with the
laws and regulations of the territory from which
you access/use the Integrity Sites. Users under
age 18 should get their parents' or legal
guardians' permission before accessing/using
the Integrity Sites.
Please note: Although Users of all ages are
welcome to browse the Integrity Sites, many
of the Available Features may only be accessed/used
by Users who are 13 years of age and older ("Restricted
Features"). Restricted Features are not
available to Users under age 13 because participation
in these Restricted Features requires a User
to provide information about him/herself and,
for safety and security reasons, Integrity does
not want to collect and store personal information
provided by Users under age 13.
- Changes to the Terms of Use and Privacy Policy
Integrity reserves the right, in its sole discretion,
to revise, change, or modify these Terms of
Use (cumulatively "Revisions") at
any time upon advance notice to you. Such notice
may be given in any manner we chose that complies
with law, including, but not limited to by posting
a notice of such changes on the Integrity Sites.
Your continued use of the Integrity Sites following
notice to you of Revisions signifies your acceptance
of such Revisions.
- Ownership and Permitted Use of Content
Integrity, its licensors (including Users),
or other third parties own all content, including
but not limited to all text, Available Features,
trademarks, written material, music, artwork,
computer code, look and feel, trade dress, technical
information and advertisements appearing on
or otherwise making-up the Integrity Sites ("Content").
Such Content is protected under United States
and other countries' copyright, trademark
and other laws and international treaty provisions,
and any unauthorized use by you of this Content
may subject you to civil and criminal penalties.
The ownership of all Content is retained by
its owner.
Other than that Content expressly made available
by Integrity for you to download ("Downloadable
Content"), you may not copy, reproduce,
upload, distribute, publicly display or otherwise
use the Content unless otherwise expressly permitted
by Integrity in writing. For Downloadable Content
that is/are (i) associated with Product Use
Rules (defined below), you are permitted to
use such Downloadable Content only as described
in the Product Use Rules applicable to such
type of Downloadable Content, (ii) not associated
with Product Use Rules, unless otherwise set
forth on the page on which such Content is available
for download or on the page to which you are
directed via a link labeled "Additional
Terms" on the page on which such Content
is available for download, you may use and make
one copy of such Content solely for your own
personal use. You must obtain Integrity's
express prior written permission for any use
of Content which does not comply with this Section
3. For the purposes of these Terms of Use, "Product
Use Rules" shall mean the permissions established
by Integrity or its licensors for the Content,
that is, the uses you are permitted to make
of the Content. The Product Use Rules applicable
to any Content offered through the Integrity
Sites can be reached by clicking on the link
labeled "Product Use Rules" on the
page of the Integrity Site containing such Content
or where such Content is available for download
or purchase. The Produce Use Rules may be enforced
by DRM technology.
You may not remove, obscure or otherwise deface
proprietary notices appearing on any Content,
including copyright, trademark and other intellectual
property notices.
All rights in and to the Content not expressly
granted in these Terms of Use are retained by
Integrity.
- Integrity Sites Accounts
Users who are ages 13 and older may choose to
register for one or more accounts through the
Integrity Sites (a User who has registered for
one or more accounts through the Integrity Sites
a "Registered User", each such account
an "Integrity Account"). Depending
upon the type of Integrity Account for which
you are registering, in addition to your name
and contact information, you may be required
to submit a valid credit card number, billing
address, and related billing information. When
you register for an Integrity Account you must
(i) provide accurate and truthful information
about yourself, including, if applicable, billing
information, and (ii) update such information
from time to time as necessary to keep your
registration information current and accurate.
By establishing an Integrity Account, you represent
and warrant you have the right and are authorized
to provide the information you provide when
you register for such Integrity Account.
Integrity reserves the right to terminate any
Integrity Account, and delete the profile corresponding
to such Integrity Account (and any accompanying
content), at any time if we believe that the
account holder is less than 13 years of age.
- Additional Information Specifically for Registered
Users
You may not maintain more than one active Integrity
Account through a particular Integrity Site
at any time. Integrity reserves the right to
terminate or suspend any or all of your Integrity
Accounts at any time for any or no reason. Therefore,
you should keep copies and records of any content
you may wish to access if your account is terminated.
If you are a Registered User, you are responsible
for (i) all activities occurring under your
Integrity Accounts and, (ii) keeping your password
and other information pertaining to your Integrity
Accounts confidential. You should not provide
the log-in information associated with your
Integrity Accounts to any person. If you suspect
someone is accessing or using your Integrity
Account without your permission or if you need
to change your password or Integrity Account
information, please click on the applicable
link as you log-in to your Integrity Account.
NOTE: If you have an Integrity Account for more
than one Integrity Site, a change you make in
one of your Integrity Accounts may not automatically
be made in your other Integrity Accounts. Therefore,
in order to change information in connection
with all of your Integrity Accounts, you must
change the information individually in each
Integrity Account.
- Information You Provide/Submissions
The Integrity Privacy
Policy, which is incorporated into these
Terms of Use by reference, governs the collection
and use of information gathered on or through
the Integrity Sites, including, but not limited
to, the information you provide while accessing
and using the Integrity Sites and information
associated with your Integrity Account(s).
You are entirely responsible for any content
that you provide to or otherwise make available
on or through the Integrity Sites ("Submissions").
Submissions are considered to be "Content"
for the purposes of these Terms of Use. By making
a Submission to the Integrity Sites, you thereby
grant Integrity a worldwide, irrevocable, non-exclusive,
royalty-free, perpetual license to reproduce,
modify, adapt, publish, publicly perform and
display, distribute and otherwise use your Submission,
with or without attribution to you or any other
party ("Submission License"). You
acknowledge and agree that your Submissions
(i) shall not be considered confidential, proprietary
or personal to you or anyone else and (ii) may
be disseminated or used by Integrity for any
purpose without (a) compensation to you or anyone
else or (b) acknowledgement of the source of
such Submissions. Therefore, do not send Integrity
any ideas, materials, suggestions, content or
other information you would like to keep confidential
or for which you would like or expect acknowledgement
or compensation.
By making a Submission, you represent and warrant
(i) you own all right, title and interest in
and to your Submission, or you have the necessary
approvals and permissions to grant Integrity
the Submission License described above, (ii)
your Submission, and the exercise by Integrity
of Integrity's rights under the Submission
License in relation to such Submission, does
not violate applicable law or the intellectual
property rights or other rights of others, including
but not limited to trade secret, copyrights,
trademarks, publicity and privacy rights, and
contract rights of others and (ii) your Submission
does not contain software viruses, spiders,
spybots, commercial solicitation, chain letters,
mass mailings, or any form of spam.
In addition, a Submission shall not, nor shall
a Submission provide a link or reference to
content that:
- promote(s) hatred, racism, bigotry, physical
violence or emotional abuse against any individual
or group;
- is unlawful, threatening, defamatory, obscene,
libelous, or otherwise contain(s) offensive
content;
- misrepresent(s) your identity or affiliation
or connection with a person or entity;
- imply(ies) or state(s) that Integrity endorses
or is in any way associated with such Submission;
- contain(s) any false, misleading, deceptive,
sexually suggestive, abusive or harassing
content;
- contain(s) photographs or words containing
or depicting objectionable subject matter,
including but not limited to photos depicting
or containing the following: excessive violence,
nudity, obscenity, sexual explicitness, and
harassing content;
- contain(s) any information or computer code
that is intended to, or are likely to, damage,
interfere with, alter, intercept or expropriate
any data or system, such as Trojan horses,
worms, time bombs, cancelbots and other unauthorized
computer programming routines; or
- contain(s) advertising or solicitation of
any kind.
Integrity does not guarantee that Submissions
will not be lost or damaged or that you will
be able to retrieve your Submissions. Integrity
reserves the right, but does not have the responsibility
to monitor and remove any Submission, at any
time and without notice, in Integrity's
sole discretion.
- Participating in the Integrity Site
Generally: Be Polite and Obey the Law! At all
times while visiting the Integrity Sites and
participating in, accessing and using the Available
Features (cumulatively "Using the Integrity
Sites"), you must conduct yourself in a
polite, courteous and respectful manner, and
you must comply with all applicable laws, rules
and regulations.
For example, you may not, while Using the Integrity
Sites:
- request, or otherwise attempt to obtain
or store, personal information, passwords,
Integrity Account information or any other
type of information of other Users;
- access or use another person's Integrity
Account(s);
- disguise the origin of any Submissions;
- alter, modify, frame, or "mirror"
any Content;
- create a deep-link to any Integrity Site
by by-passing such Integrity Site's home
page;
- use any data mining, robots, or similar
data-gathering and extraction tools in connection
with the Integrity Sites;
- inhibit, disrupt, or otherwise prevent anyone
from using or accessing the Integrity Sites
or interrupt any User's experience on
the Integrity Sites, including but not limited
to acting in any manner that disrupts Users'
real-time exchanges or hacking or defacing
any portion of the Integrity Sites;
- interfere with or disrupt the Integrity
Sites, or servers or network connections to
the Integrity Sites,
- disobey any requirements, procedures, policies
or regulations of networks connected to the
Integrity Sites;
- modify, adapt, sublicense, translate, sell,
reverse engineer, decompile or disassemble
any portion of the Integrity Sites;
- attempt to gain unauthorized access to the
Integrity Sites (or any portion thereof),
any Available Feature, any other systems or
networks connected to the Integrity Sites
or any server related thereto;
- use the Integrity Sites to intentionally
or unintentionally violate any applicable
local, state, national or international law
or regulation; and
- provide material support or resources (or
to conceal or disguise the nature, location,
source, or ownership of material support or
resources) to any organization(s) designated
by the United States government as a foreign
terrorist organization pursuant to section
219 of the Immigration and Nationality Act.
Additional or different terms and conditions
("Other Terms") may apply in connection
with certain types of Submissions (e.g. testimonials,
sweepstakes or contest entries) and Available
Features. In addition, when you purchase any
Content by or through the Integrity Sites, such
purchase will be governed by the "Terms
of Purchase". Other Terms and Terms of
Purchase shall cumulatively be referred to in
these Terms of Use as "Additional Terms".
If applicable, these Additional Terms will be
set forth (i) where you are permitted to make
Submissions, access such Available Features
or purchase Content, or (ii) in a link adjacent
to where you are permitted to make Submissions,
access Available Features or purchase Content.
In addition, you may access the Terms
of Purchase by clicking here. You should
carefully review all Additional Terms, as applicable,
before making a Submission, accessing and using
Available Features, and making a purchase. These
Additional Terms are incorporated into and made
a part of these Terms of Use by reference. In
the event Additional Terms conflict with these
Terms of Use, the Additional Terms shall control
with respect to the subject matter to which
such Additional Terms apply.
Integrity does not independently verify (i)
any Submissions, or (ii) any Content provided
by third parties having an agreement with Integrity
to provide content to the Integrity Sites (such
third parties "Content Providers").
Integrity takes reasonable efforts to ensure
any Content Integrity itself provides is accurate
and timely, however, Integrity does not guarantee
or warrant any Content provided by Integrity
or any other party (i.e. User or Content Provider)
is accurate, complete, truthful, or non-objectionable.
Integrity does not endorse any Submissions made
by Users or Content provided by Content Providers.
Integrity reserves the right, at any time and
in Integrity's sole discretion, to remove
any Content from the Integrity Sites without
notice. Please keep in mind when using the Integrity
Sites that Users may, (i) remain largely anonymous
when using the Integrity Sites, (ii) be other
than who or what they claim they are, and (iii)
have dishonest, deceitful or harmful intentions.
Therefore, you should exercise extreme discretion
and skepticism when evaluating Content and interacting
with individuals on the Integrity Sites. You
should not, except as specifically requested
by Integrity during the registration process
or when you are placing orders through the Integrity
Sites, provide your or any other individual's
name, street address, telephone numbers, financial
information, email addresses or other sensitive
or personal information.
In order to use certain Available Features,
including, but not limited to the WORSHIPKITCHEN
media download service, you are required to
have Internet access and may be required to
download/obtain certain (i) software and (ii)
particular compatible devices. You acknowledge
and agree that your ability to use Available
Features will depend on (among other things)
the speed of your Internet access and the hardware
and software accessing the Available Features
(including whether you have obtained the upgrades
and updates that are available for such hardware
and software). You are responsible for maintaining
your Internet service and hardware and software,
including obtaining/downloading any updates/upgrades
to such hardware and software. You acknowledge
and agree that Integrity may, at any time and
in its sole discretion, change the Available
Features and the requirements (type of Internet
access, hardware, software) relating to the
Available Features. Integrity does not guarantee
or warrant that you will have access, at any
time, to the Integrity Sites or any Available
Features.
Integrity reserves the right to establish general
practices and limits concerning use of, and
storage space on, Integrity's servers.
Integrity has made a conscientious effort to
display and describe the Available Features
accurately and completely. However, the detail
and accuracy of the image and specifications
of products that you see as a visitor to the
Integrity Sites will depend on a number of things,
including your computer equipment and Internet
connections. In addition, Integrity is constantly
updating the Available Features on the Integrity
Sites in response to the requests and advancements
made in the industry. Consequently, Integrity
cannot and does not guarantee that the Available
Features, including but not limited to, product
images, services or specifications displayed
or described to you on the Integrity Sites are
or will remain accurate in every detail. You
agree that the technical information, opinions,
recommendations and other information made available
to you on the Integrity Sites, including commentary
regarding particular products are provided for
your convenience only and shall not be relied
upon as substitutes for thorough consultation
with appropriately trained professionals familiar
with your particular needs and circumstances.
The products and services depicted on the Integrity
Sites are available only while supplies last.
Integrity reserves the right to discontinue
any Available Features at any time, without
notice.
The Integrity Sites may display links to other
websites or resources sponsored by third parties
(such third party sites are known as "Linked
Websites"). Access of Linked Websites is
at your own risk. These Linked Websites may
not be available at all times and may contain
content that is untrue, offensive, inaccurate,
incomplete, or outdated. Integrity does not
endorse or provide warranties of any kind as
to any Linked Websites (and any websites to
which they link). You should review these Linked
Websites closely before submitting information
to such Linked Websites or allowing children
to visit these Linked Websites.
The Integrity Sites, including, but not limited
to all Content, are provided "as is",
"With all faults" and "as available."
AS TO THE Integrity SITES, 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 Integrity Sites. Any content
downloaded, or otherwise obtained through the
use of the Integrity Sites, 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 content from the Integrity Site.
Without limitation to the foregoing, Integrity
makes no warranty: (a) there will be no interference
with your enjoyment of the Integrity Sites;
(b) the Integrity Sites will fulfill any particular
purpose, need, requirement or specification
or is complete, reliable or accurate; (c) your
requests to the Integrity Sites will be honored
according to your schedule or any stated schedule;
(d) the Integrity Sites will be timely, secure
or error free; (e) any errors in Content will
be corrected; (f) Content on the Integrity Site
is lawful, appropriate or available for use
in any particular location; or (g) products
or services displayed or referenced on the Integrity
Sites are available for use in a particular
location.
Your sole remedy against integrity for your
dissatisfiation with the integrity sites, including,
but not limited to all content, is to stop using
the integrity sites or content thereof with
which you are dissatisfied.
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 the Integrity SiteS, even if Integrity has
been advised of the possibility of such damages.
IN NO EVENT SHALL THE LIABILITY OF INTEGRITY
FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR PENALTIES
OR LOSS, REGARDLESS OF THE FORM OF ACTION OR
CLAIM, WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), DELICT OR OTHERWISE OF ANY TYPE
EXCEED THE TOTAL OF ANY SUBSCRIPTION FEE, LICENSE
FEE OR OTHER SIMILAR FFES PAID BY YOU TO INTEGRITY
FOR ACCESS TO THE CONTENT WHICH IS THE SUBJECT
OF A CLIAM, BUT IN NO EVENT SHALL INTEGRITY'S
LIABILITY EXCEED ONE HUNDRED DOLLARS (USD $100),
ANY CLAIM FOR DAMAGES IN EXCESS THEREOF BEING
HEREBY WAIVED BY YOU.
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 use of the Integrity Sites.
- Reporting Violations of these Terms of Use
If you became aware of activities or Content
that violate these Terms of Use you should notify
Integrity immediately as set forth in Section
20 "Contact Integrity". Although Integrity
does not guarantee any action based on such
information, we pledge to make every reasonable
effort to respond to reported violations in
a fair and timely manner.
Integrity may, in its sole discretion, at any
time and without prior notice, terminate your
use of the Integrity Sites or terminate your
rights under these Terms of Use for any or no
reason. In its sole discretion, and at any time,
Integrity may also discontinue providing the
Integrity Sites or any one or part thereof,
with or without notice. Integrity shall not
be liable to you or any third party for any
of the foregoing. Sections 3, 6, 14-16, and
19 shall survive the expiration or termination
of these Terms of Use.
To the fullest extent permitted by law, these
Terms of Use and any claim or dispute arising
out of or relating to these Terms of Use, including
but not limited to the Integrity Sites, 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
the cause of action arises. Any claim or dispute
arising out of or relating to these Terms of
Use, including but not limited to the Integrity
Sites, 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. You may not use or export or re-export
the materials at the Integrity Sites or any
copy or adaptation in violation of any applicable
laws or regulations including without limitation
U.S. export laws and regulations. If any provision
of these Terms of Use 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. These Terms of Use
constitute the entire agreement between you
and Integrity relating to your use of the Integrity
Sites, superseding any other agreement between
you and Integrity with respect to the subject
matter of these Terms of Use. Section headings
in these Terms of Use are for convenience only
and have no legal or contractual effect. If
any provision of these Terms of Use shall be
found to be unenforceable, the other provisions
shall still remain in full force and effect.
For making a claim of copyright infringement
please use the contact information set forth
below under "Notice and Procedure for Making
Claims of Copyright Infringement."
For all other issues or questions please use
the following contact information:
By Mail:
Integrity Media, Inc.
Attention: Customer Service
1000 Cody Rd
Mobile, AL 36695
By Email: cservice@integinc.com
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT
Integrity takes the intellectual property rights
of others very seriously and we ask Users to
respect the intellectual property rights of
others. If you believe any Content constitutes
copyright infringement of (i) one of your copyrighted
works, or (ii) a copyrighted work of a copyright
owner who has authorized you to act on his/her
behalf, please provide us with the following
information:
- your electronic signature or actual physical
signature;
- a description of the copyrighted work that
you claim has been infringed, or if multiple
copyrighted works are allegedly being infringed,
a list and description of such works;
- a description of where the material that
you claim is infringing is located on the
Integrity Site, such description must be reasonably
sufficient to enable us to find the allegedly
infringing material;
- your address, telephone number, and email
address (if you have an email address);
- a statement by you that you have a good
faith belief that the use of the material
in the manner complained of is not authorized
by the copyright owner, its agent, or the
law;
- a statement by you that the information
in the notification is accurate, and under
penalty of perjury, that you are the owner
of the copyright in the allegedly infringed
work or that you are authorized to act on
behalf of the copyright owner of the allegedly
infringed work. You should provide the copyright
infringement notice described above to Integrity's
agent for notification of claim of copyright
infringement. Such agent may be contacted
as follows:
Agent: Tammy Tate
By mail: Integrity Media, Inc.
Attention: Business and Legal Affairs
1000 Cody Rd
Mobile, AL 36695
By phone: 251-633-9000
By fax: 251-776-5140
By email: tammyt@integinc.com
You may also use the contact information
provided above to notify Integrity of other
types of intellectual property infringement
occurring on the Integrity Sites.
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