SacredAudio.com

Conditions of Use

Terms and Conditions of Use

HIGHLIGHTS OF THIS AGREEMENT:

  1. The items you download are copyrighted, and your purchase gives you the right to use them personally.  You can’t make copies for your friends, relatives, or anyone.  This is your stuff!  If you break the law, you are responsible.
  2. You can only use downloaded music, video, or audiobook on one device at a time.  You can keep a copy on up to 5 devices (including an archive copy), but you can’t have more than one in use at a time.
  3. Your username and password is your responsibility to keep confidential.  Let us know if you think someone else is using your login.
  4. Don’t try to mess with the web site.  If we catch you (and we have our ways), you’re in trouble. 
  5. Any links on the site are for your convenience, and they don’t mean we endorse everything on the linked site.
  6. If you have customer service issues, let us know.
  7. You should read the rest of this because you are agreeing to the whole document.  These are merely highlights.

READ CAREFULLY. THIS TERMS OF USE AGREEMENT IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU ("YOU" AND "YOUR") AND SACREDAUDIO.COM, A DIVISION OF SACRED AUDIO, LLC ("SACREDAUDIO.COM," "WE," "US," OR "OUR"). BY CLICKING THE "I AGREE" BUTTON OR BY OTHERWISE USING OUR MUSIC ON DEMAND SERVICE, OR ANY WEB SITE OWNED OR CONTROLLED BY SACREDAUDIO.COM, YOU ARE INDICATING THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU CONSENT TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS. THIS AGREEMENT SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR USE OF THE DOWNLOADABLE MUSIC (THE "SOFTWARE") AND ANY INFORMATION OR DATA OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY ARTWORK, TEXT, VIDEO, AUDIO, OR PICTURES SERVED THROUGH THE SOFTWARE OR RECEIVED FROM OR ON ANY WEB SITE OWNED OR CONTROLLED BY SACREDAUDIO.COM (COLLECTIVELY THE "CONTENT") (THE SOFTWARE AND THE CONTENT ARE TOGETHER REFERRED TO AS THE "SERVICE"). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE SERVICE AND YOU MUST STOP THE REGISTRATION PROCESS AND PROMPTLY CEASE USING AND DESTROY ANY COPIES OF THE SOFTWARE IN YOUR POSSESSION.

USE OF MATERIALS, SOFTWARE, CONTENT, SERVICE:  The information, artwork, text, video, audio, pictures, software and other intellectual property (collectively, "Materials") contained on the Website are protected by copyright and international laws. You may only access and use the Materials for personal or educational purposes or as expressly provided for in applicable, separately agreed upon SacredAudio.com terms and conditions. You may not otherwise reproduce, distribute, publicly perform, publicly display, modify or create derivative works of the Materials, unless authorized by the appropriate copyright owner(s). In the event that you print Materials found on the Website, you must include any copyright notice originally included with the Materials on all copies. You may not link directly to any media file located on a SacredAudio.com server (commonly known as “hotlinking”), and you should not attempt to "pass off" any Materials as your own work.  Before using any SacredAudio.com logo or trademark, please contact SacredAudio.com at trademark@sacredaudio.com.

REGISTRATION:  You agree to provide true, accurate, current and complete information about yourself as prompted by the registration process (such information being the "Account Information"). You agree to update your Account Information in order to keep such information current.

SALES AND USE TAXES:  You agree to report and pay any and all applicable Sales and Use taxes that apply to your use of site as charged by the state of your residence. You agree to hold Sacred Audio, LLC harmless for any and all failure on your part to report and pay any such taxes.

ACCOUNT INFORMATION AND PASSWORD:  Certain features or services offered on or through SacredAudio.com (“the Site”) may require you to open an account (including setting up a SacredAudio.com ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify SacredAudio.com immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by SacredAudio.com or any other user of or visitor to the Site due to someone else using your SacredAudio.com ID, password or account.

You may not use anyone else’s SacredAudio.com ID, password or account at any time without the express written permission and consent of the holder of that SacredAudio.com ID, password or account and that of SacredAudio.com. SacredAudio.com cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

SITE USE RESTRICTIONS:  Framing of the Website (placing our website within a framed window on your site) is permitted only by express agreement with SacredAudio.com, and SacredAudio.com may require specific measures to be taken to avoid user or consumer confusion. Such measures may include, but are not limited to: clearly attributing the displayed Material to the Website or providing each user or consumer with the opportunity to visit the Website directly by, for example, including a tab labeled "Remove Frames." SacredAudio.com reserves the right to withhold consent for any reason and any failure to monitor or control each instance of the framing of the Website shall not be considered a waiver of any of SacredAudio.com's rights. Any framing of the Website shall not imply the endorsement or sponsorship of SacredAudio.com, or any SacredAudio.com affiliates or related entities.

You shall use the Website for lawful purposes only. You may not use any ”deep-link”, ”page-scrape”, ”robot”, ”spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. This does not apply to search engines that may use robots or that may cache websites. SacredAudio.com 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 SacredAudio.com 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 SacredAudio.com, including any SacredAudio.com 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 not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

LINKED SITES:  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 SacredAudio.com’s control, and SacredAudio.com 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. SacredAudio.com does not investigate, monitor or check for accuracy of such third-party web sites and SacredAudio.com does not intend any such links to third-party web sites to imply SacredAudio.com's sponsorship or endorsement thereof. Your use of such web sites is at your own risk.

RIGHTS TO CONTENT:  The Content served by SacredAudio.com or third parties directly through the Service is the property of SacredAudio.com, its affiliated artists, its licensors, and its advertisers. Title, ownership rights and intellectual property rights in and to such Content is the property of either SacredAudio.com or third-party content owners and copyright holders and is protected by applicable copyright and other law. Other than as expressly provided herein, this Agreement gives you no express or implied license to the Content, including without limitation, any right to use, sell, rent, copy, distribute, broadcast, modify, perform or publicly display any Content. Unauthorized use, copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights and a violation of the law. You agree that you shall only use the Service in a manner that does not violate any third-party rights and that complies with all applicable laws in the jurisdiction in which you use the Service, including, but not limited to, applicable restrictions concerning copyrights and other intellectual property rights.

The music industry depends upon copyright law to enable song writers, recording artists, music publishers and record labels to get fairly compensated for their works. By completing your order, you are granted a license to use the music on only one (1) media device (CD, Portable MP3 Player, PC, etc.) at any one time, although you may maintain copies for your own use on up to five of your personally owned media devices. You may also make one (1) archival copy of the Materials. Unauthorized copying or distribution of copyrighted music is an infringement of the copyright holder's rights. At our discretion and in appropriate circumstances, SacredAudio.com may revoke the license of users who infringe upon the copyright, or other intellectual property rights, of others.

COPYRIGHT INFRINGEMENT NOTIFICATION PROCEDURE:  SacredAudio.com’s designated agent for notice of claims of copyright infringement related to BJU Press, LLC, SoundForth, or SacredAudio LLC and all affiliated web pages is as follows:

Designated Agent:         Jessica Breisch

Address: 1700 Wade Hampton Boulevard        Greenville, SC 29614              

Telephone: 864.242.5100, Ext. 4318

Email: legal@sacredaudio.com

Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement related to the Service must be a written communication addressed to the designated agent as set forth above, and must include substantially all of the following:

1. A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of an exclusive right that is allegedly infringed;

2. Specific identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a list of each copyrighted work claimed to have been infringed;

3. Information related to the work(s) reasonably sufficient for SacredAudio.com to promptly locate the work (e.g. title of work, location within the Service, etc.);

4. Information reasonably sufficient to permit SacredAudio.com to directly contact the complaining party, such as a complete name and address, telephone number, and an email address;

5. A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law;

6. A statement requesting that SacredAudio.com take a specific act with respect to the alleged infringement (e.g., removal, access restricted or disabled); and

7. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Submit - (a) by email, sign electronically, then transmit to legal@SacredAudio.com or (b) by mail, sign physically then mail to SacredAudio.com. c/o SoundForth, Greenville, SC 29614, Attention: Copyright Infringement Compliance. Questions concerning SacredAudio.com's Copyright and Trademark Infringement Policy and Notification Procedure should be addressed as described above. The Website may contain projections or other forward-looking statements regarding future business events or activities. SacredAudio.com cautions you that any such statements reflect only predictions and that actual developments, results and events might differ materially. Nothing contained on the Website constitutes a solicitation by SacredAudio.com of the purchase or sale of securities.

CUSTOMER SERVICE:  You understand and agree that SacredAudio.com is solely responsible for all customer service, help, and account issues related to the Service. Neither your ISP nor any third-party website through which you may have accessed the Service is responsible for customer service, help, or account-related issues. You agree not to direct any questions, requests for assistance, or inquiries about the Service to your ISP or to any third party website through which you may have accessed the Service.

SERVICE INTENDED FOR USE IN UNITED STATES:  SacredAudio.com makes no representation that the Service, Materials, Software, or Content on this Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Website from locations outside the do so at their own risk and are responsible for compliance with local laws.

DISPUTES:  You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the and by the laws of the State of South Carolina without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Greenville County, South Carolina, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. 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 SacredAudio.com 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.

If SacredAudio.com does take any legal action against you as a result of your violation of these Terms of Use, SacredAudio.com 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 SacredAudio.com. You agree that SacredAudio.com will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

SUSPENSION OR MODIFICATION OF SERVICE:  SacredAudio.com reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

You agree that SacredAudio.com may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use 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 Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to SacredAudio.com, for which monetary damages would be inadequate, and you consent to SacredAudio.com obtaining any injunctive or equitable relief that SacredAudio.com deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies SacredAudio.com may have at law or in equity.

You agree that SacredAudio.com may, in its sole discretion and without prior notice, terminate your access to the Site for reasons including (but 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.

This Agreement (and your license) shall terminate automatically and immediately if you fail to comply with any of the limitations described in this Agreement. No notice shall be required from SacredAudio.com to effectuate such termination.  Upon termination of this Agreement for any reason you must immediately destroy all copies of the Service.

PRIVACY:  SacredAudio.com’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view SacredAudio.com’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

SacredAudio.com may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use 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) SacredAudio.com's rights or property, or the rights or property of visitors to or users of the Site, including SacredAudio.com's customers. SacredAudio.com reserves the right at all times to disclose any information that SacredAudio.com deems necessary to comply with any applicable law, regulation, legal process or governmental request. SacredAudio.com also may disclose your information when SacredAudio.com determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that SacredAudio.com may preserve any transmittal or communication by you with SacredAudio.com 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 SacredAudio.com determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, (4) protect the rights, property or personal safety of SacredAudio.com, its employees, users of or visitors to the Site, and the public, or (5) in compliance with the procedures established in the Privacy Policy.

LIMITATIONS AND DISCLAIMER:  SACREDAUDIO.COM DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, MATERIALS, SOFTWARE, SERVICE, OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN ”AS-IS” AND ”AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SACREDAUDIO.COM CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SACREDAUDIO.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SACREDAUDIO.COM DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SACREDAUDIO.COM SOFTWARE, MATERIALS, CONTENT, OR SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST SACREDAUDIO.COM FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THE ENTIRE RISK ARISING OUT OF THE USE AND/OR PERFORMANCE OF THE SERVICE REMAINS WITH YOU. IN NO EVENT SHALL SACREDAUDIO.COM, ITS DISTRIBUTION AND SYNDICATION PARTNERS OR LICENSORS OR ANY OF THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SERVICE OR ANY PART THEREOF, EVEN IF SACREDAUDIO.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, BUT THEY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

If, notwithstanding the other provisions of these Terms of Use, SacredAudio.com is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, SacredAudio.com’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against SacredAudio.com (but not including the purchase price for any SacredAudio.com hardware or software products or any SacredAudio.comCare or similar support program), or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

INDEMNIFICATION FOR THIRD PARTY ACTIONS:  You agree to indemnify and hold SacredAudio.com, its members, predecessors, successors in interest, employees, service providers, syndicators, distributors, licensors, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against SacredAudio.com by any third party due to or arising out of or in connection with your use of the Site.

GENERAL PROVISIONS:  If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and SacredAudio.com with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and SacredAudio.com with respect to such use are hereby superseded and cancelled. SacredAudio.com will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. SacredAudio.com’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by SacredAudio.com of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between SacredAudio.com and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties. No delay or failure to take action under this Agreement shall constitute any waiver by SacredAudio.com of any provision of this Agreement.

SacredAudio.com reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

If you have any questions or concerns about your account, you may contact Customer Service at info@sacredaudio.com.

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