Gospel Software Terms of Service

Gospel Software, LLC (“Gospel Software”) provides products, software, services and web sites (referred to collectively as the “Services” in this document) for use by individuals and organizations. Your use of Gospel Software’s Services is subject to the terms of a legal agreement between you and Gospel Software, LLC (“Gospel Software”).

By using or accessing the Services, you acknowledge that you have read and understood the following terms and conditions (“Terms of Service”) and you agree to be bound by these terms and conditions. These Terms of Service do not alter in any way the terms or conditions of any other agreement you may have with Gospel Software, or its subsidiaries or affiliates, for products, services or otherwise.

1. Privacy Policy

For information on how Gospel Software collects, uses and discloses personal information from users of the Services, please read Gospel Software’s privacy policy at http://www.gospelsoftware.com/privacy. You agree to the use of your data in accordance with Gospel Software’s privacy policies.

If you are a resident of any country outside the United States, you understand and agree that Gospel Software stores and processes your personal information on computers located in the United States, and that by providing any information to Gospel Software, you consent to the transfer of such information to the United States.

2. Services Offering

Gospel Software grants you a limited license to access and make use of the Services. This license may not be re-sold or assigned by you. If you assign, or try to assign, this license, such assignment or attempted assignment will be void and unenforceable. You agree to use the Services only for purposes that are permitted by (a) these Terms of Service and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).

Gospel Software reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any of the Services or any features within the Services at Gospel Software’s sole discretion and without prior notice to you.

While Gospel Software may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Services, such fixed upper limits may be set by Gospel Software at any time, at Gospel Software’s sole discretion, and without prior notice to you.

Gospel Software shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.

3. Your Rights

You retain copyright and any other rights you already hold in Content which you provide to the Services. By providing the Content you automatically grant, and you represent and warrant that you own or have the necessary licenses, rights, consents and permissions to grant, to Gospel Software a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to use, reproduce, display, adapt, modify, distribute, perform and publish within the Services and for the purpose of providing the Services any Content which you provide to the Services.

Other than the limited license set forth above, Gospel Software acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms of Service in or to any Content that provide to the Services. You agree that you are responsible for protecting and enforcing your intellectual property rights and that Gospel Software has no obligation to do so on your behalf.

4. Your Responsibilities

You must be 18 years or older to use the Services. If children between the ages of 13 and 18 wish to use the Services, they must be registered by their parent or guardian.

As a condition of your use of the Services, you agree to (a) provide Gospel Software with true, accurate, current and complete information as prompted by the Gospel Software registration forms, when registering for or using the Services and (b) update and maintain the truthfulness, accuracy and completeness of such information.

You agree and understand that you are solely responsible for maintaining and protecting the confidentiality of passwords associated with any account you use to access the Services, and are solely responsible to Gospel Software for all activities that occur under your account. You agree to notify Gospel Software immediately of any unauthorized use of your account or password, or any other breach of security.

You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Gospel Software. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers). You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to or used by the Services). You agree that you will not reproduce, duplicate, sell, trade or resell the Services or otherwise make any derivative uses of the Services, for any purpose.

You are solely responsible for all Content posted and activities that occur under your account. You agree (a) not to use the Services for illegal purposes; (b) not to use the Services to infringe any party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity and privacy; (c) not to transmit through the Services any unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, offensive or otherwise objectionable material of any kind or nature; (d) not to upload, post, host or transmit unsolicited email, SMSs, or “spam” messages; (e) not to transmit any worms or viruses or any code of a destructive nature; (f) not to impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, or otherwise mislead others as to your identity.

You acknowledge that while Gospel Software does not pre-screen Content, Gospel Software and its designees have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Services.

You acknowledge that Content presented to you as part of the Services may be protected by intellectual property rights which are owned by the parties who provide that Content to Gospel Software (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content unless you have been granted permission to do so by the owners of that Content in a separate agreement.

You acknowledge and agree that Gospel Software (or Gospel Software’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Gospel Software, nothing in these Terms of Service gives you a right to use any of Gospel Software’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features. You agree that you shall not remove, obscure or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services. All rights not explicitly granted in these Terms of Service are reserved to Gospel Software.

5. Subscriptions

This section applies only to account administrators.

Gospel Software charges a monthly subscription fee (“Subscription Fee”) for the duration of your organization’s use of the Services. You must provide Gospel Software with a valid credit card or debit card number with available credit or funds to pay the Subscription Fee. You authorize Gospel Software to make all charges described in these Terms of Service to your organization’s account. If the payment of your Subscription Fee fails for any reason, your organization’s account will be suspended until you provide Gospel Software with valid credit card information and the Subscription Fee is paid.

The Subscription Fee for each of the Services is dependent on the Service and on the size of your organization. Gospel Software reserves the right, at any time, to modify its Subscription Fees and billing methods. Current Subscription Fees are posted at http://www.gospelsoftware.com/pricing and within your Gospel Software account on the Services page.

Subscription Fees are charged to your organization’s account in advance on a monthly basis on or about the monthly anniversary of when your account was initially created. You may sign up for any of Gospel Software’s Services for a free trial period of no less than 28 days. At the next billing date following no less than 28 days after the start of a Service’s trial period, charges for that Service will be included in your Subscription Fee. If you deactivate any Service before the 28-day free trial period has ended you will not be charged for that Service.

The Subscription Fee is non-refundable. There will be no refunds or credits for partial months of Service or for months unused with an open account. In order to treat everyone equally, no exceptions will be made. You are responsible for payment of all taxes, levies or duties imposed by taxing authorities on your Subscription Fee.

6. Term and Termination

All Services are made available on a month-to-month basis and will be automatically renewed by Gospel Software unless you disable a Service or cancel your organization’s account.

You may disable any Service at any time by accessing the Services page in your account and following the instructions for disabling a Service. Disabling of any Service will take effect immediately and no charges for the Service will appear in your Subscription Fee for the next billing cycle. You may cancel your account at any time only by accessing the Account page in your account and following the instructions for account cancellation. After confirmation, your account will be cancelled immediately and you will not be charged again. Requests to disable any Service or cancel your account must be processed before 5PM EST on the day before your monthly billing cycle in order to avoid a subsequent charge for your Subscription Fee.

Disabling any Service may cause the loss of content, features or capacity of your account. Canceling your account will cause the immediate loss of all content, features and capacity of your account. This information cannot be recovered and Gospel Software does not accept any liability for such loss.

Gospel Software, in its sole discretion, may immediately terminate these Terms of Service, your account and all current or future use of the Services, for any reason at any time. Termination of your account includes removal of your access to all Services, and the forfeiture and relinquishment of all Content in your account. Gospel Software reserves the right to refuse services to anyone for any reason at any time.

7. Disclaimer of Warranties

You understand and agree that use of the services is at your sole risk. The services are provided on an “as is” basis. Gospel Software expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Gospel Software makes no warranty that (a) the Services will meet your requirements; (b) the Services will be uninterrupted, timely, secure or error-free; (c) the results, Content or any other information obtained through the use of the Services will be accurate, complete, reliable, current or error-free; (d) the Services, their servers or email sent from Gospel Software or the Services are free of viruses or other harmful components; or that (e) any errors in the Services will be corrected. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.

8. Limitation of Liability

In no event shall Gospel Software, LLC or its affiliates or subsidiaries, nor their respective directors, members, employees or agents be liable for any direct, indirect, incidental, special, punitive, compensatory, consequential or exemplary damages (even if Gospel Software has been advised of the possibility of such damages), resulting from: (a) the use of or the inability to use the Services; (b) the cost of any goods and/or services purchased or obtained as a result of the use of the Services; (c) disclosure of, unauthorized access to or alteration of your transmissions or data; (d) Content you submit, receive, access, transmit or otherwise convey through the Services; (e) statements or conduct of any third party through the Services; (f) any other matter relating to the Services; or (g) any breach of these Terms of Service by Gospel Software or the failure of Gospel Software to provide the Services under these Terms of Service.

In no event shall the aggregate liability of Gospel Software arising out of or relating to the use of or inability to use the Services, exceed the equivalent of one (1) month of Subscription Fees.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you.

9. Indemnification

You agree to indemnify, defend and hold harmless Gospel Software, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising out of or related to: (a) any fraud or manipulation, or other violation of these Terms of Service by you; (b) the Content or other information provided by you to Gospel Software or that you submit, transmit or otherwise make available through the Services; (c) your use of the Services; or (d) any violation of any rights of another or harm you may have caused to another.

10. General Terms

When you use the Services or send emails to Gospel Software, you communicate with Gospel Software electronically and consent to receive communications from Gospel Software electronically. Gospel Software will communicate with you by email to your registered email address, by posting general notices in the Services, or by posting messages that are displayed to you when you log in to the Services. You agree that all agreements, notices, disclosures and other communications that Gospel Software provides to you electronically satisfy any legal requirement that such communications be in writing.

Gospel Software may make changes or modifications to these Terms of Service at any time and from time to time, at its sole discretion. When these changes are made, Gospel Software will make a new copy of the Terms of Service available at http://www.gospelsoftware.com/terms. Any such changes or modifications will be effective immediately upon posting of revisions at this location. You understand and agree that your continued use of the Services following the posting of such changes or modifications constitutes your acceptance thereof.

These Terms of Service constitute the entire legal agreement between you and Gospel Software and govern your use of the Services (but excluding any services which Gospel Software may provide to you under a separate written agreement), and completely replace any prior agreements between you and Gospel Software in relation to the Services.

These Terms of Service, your use of the Services and the relationship between you and Gospel Software shall be governed by and construed in accordance with the laws of the State of North Carolina, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where you may be located or any other jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms of Service shall be filed only in the state and federal courts located in Wake County, North Carolina and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Service. Notwithstanding this, you agree that Gospel Software shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

In any action to enforce these Terms of Service, the prevailing party shall be entitled to recover costs and reasonable attorneys’ fees.

You agree that if Gospel Software does not exercise or enforce any legal right or remedy which is contained in these Terms of Service (or which Gospel Software has the benefit of under any applicable law), this shall not constitute a waiver of Gospel Software’s rights and that those rights or remedies will still be available to Gospel Software.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Service is invalid, then that provision will be removed from the Terms of Service without affecting the rest of the Terms of Service. The remaining provisions of the Terms of Service will continue to be valid and enforceable.

Gospel Software may assign any of its rights or obligations under these Terms of Service to (a) any subsidiary or affiliated legal entity; (b) any entity that acquires all or substantially all of the assets of Gospel Software; or (c) any entity that acquires all or substantially all of Gospel Software’s interest in the Services and/or related assets from Gospel Software. You acknowledge and agree that in the event such a transaction occurs, these entities will be entitled to provide the Services to you in accordance with these Terms of Service and the Gospel Software privacy policy.