Membership Agreement

This Membership Agreement (“Agreement”) governs your membership in the EasyWorship.com and/or WorshipMedia.com communities as well as the terms by which members obtain the right to use Content (as defined below) provided for the EasyWorship.com and/or WorshipMedia.com communities through the websites located at EasyWorship.com, EasyWorship.co.uk, EasyWorship.ca, WorshipMedia.com, its affiliates, and any other associated websites (collectively referred to as the “Site”). Please read the Agreement carefully before using the EasyWorship and/or WorshipMedia products and services and/or the Site. This Agreement is in addition to the Site’s Terms of Use that all persons providing Content to or downloading Content from the Site have previously entered into. If this Agreement and the Terms of Use are inconsistent, the terms of this Agreement will govern.

Within this Agreement: (a) any reference to “WorshipMedia”, “EasyWorship”, “SDI”, “we”, “our” and “us” refers to Softouch Development, Inc., “SDI”, an Oklahoma corporation, doing business through EasyWorship.com and/or WorshipMedia.com, (b) “you” and “your” refers to you individually or, if you are accepting on behalf of your employer or member account entity, then “you” means that employer or entity and affiliates with respect to this Agreement, (c) “Content” means any photographic image, illustration, animation, text, Flash file, film or video footage, audio files or embedded audio tracks, visual representation generated optically, electronically, digitally or by any other means or in any media or other material that you are downloading from the Site, together with any accompanying material.

Membership Terms

Upon full and current payment of all applicable licensing and/or subscription fees in effect at the time of purchase, we hereby grant to you a perpetual, non-exclusive, non-transferable worldwide license to use the purchased Content for the Permitted Uses (as defined below) subject to the terms and conditions of the Membership Agreement and Terms of Use. For subscription members, you shall have no license to any additional Content after the expiration of your subscription and/or SDI’s termination of your membership. Any and all licenses granted herein are revocable upon any breach of this Agreement, without notice. Unless the activity or use of the Content is a Permitted Use, you cannot do it. All other rights in and to the Content, including, without limitation, all copyright and other intellectual property rights relating to the Content, are retained by SDI or the supplier or producer of the Content, as the case may be.

Your use of the EasyWorship and/or WorshipMedia Products and Services includes the ability to enter into agreements and/or to make purchases electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and purchases. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this site, including notices of cancellation, agreements, applications and policies. You have the right to ask for any electronic record in paper form. In the event you decide to withdraw your consent for use of electronic signatures and/or transmissions, SDI will terminate this Agreement.

By selecting the “I Agree” checkbox at the end of this agreement, or otherwise signifying your acceptance of this agreement, you accept this agreement either for yourself or on behalf of your employer or the entity that is identified as the member account holder, and agree to be bound by its provisions. If you are accepting on behalf of your employer or the entity that is the member account holder, you represent and warrant that you have full legal authority to bind your employer or such other entity. If you do not have such authority or you do not accept or agree with these terms, do not accept the agreement and do not download the content.

SDI reserves the right to change, add or remove portions of this Agreement at any time and at its sole discretion. Your continued use of the EasyWorship and/or WorshipMedia Products and Services following the posting of any changes means that you accept and agree to such changes. It is your responsibility to check this Agreement periodically for changes. If at any time the terms and conditions of this Membership Agreement are no longer acceptable to you, you should immediately cease use of the membership portions of the Site (according to the Term and Termination section below).

Age Requirement

Registered users must be 18 years or older to use the entire range of services available at the Site. You represent and warrant that you are of sufficient legal age to use the Site and to create binding legal obligations for any liability you may incur as a result of the use of the Site. You agree to be responsible for all of your use of the Site.

Email Requirement

You must have a valid email address to purchase EasyWorship and/or WorshipMedia Products and Services and/or become a registered user of EasyWorship and/or WorshipMedia Products and Services.

Registration and User Account

You agree to provide current, accurate and complete information required to register with the Site and at other points as may be required in the course of using the Site (“Registration Data”). You also agree to maintain and update your Registration Data as required to keep it current, accurate and complete. SDI may terminate your rights to any part of the Site and/or EasyWorship and/or WorshipMedia Products and Services if any information you provide is false, incomplete or inaccurate. You agree that SDI may store and use the Registration Data you provide in order to maintain your accounts and for billing fees to your credit card.

As a registered user of the Site, you may receive or establish a user account (“User Account”). You are responsible to maintain the confidentiality and security of your User Account as well as all activity that occurs on or through your User Account, and you agree to immediately notify SDI of any unauthorized use of your User Account or any other breach of security. You agree to be responsible for any and all unauthorized use of your User Account and SDI will not be responsible for any damages or losses due to such unauthorized use.

Assignability

You may not assign or transfer to anyone else the rights granted to you in this Agreement, without our prior written consent. SDI and/or its affiliates may assign or transfer this Agreement freely.

Content and Intellectual Property

You acknowledge that the Site contains or may contain Content which is protected by copyright, trademark or other proprietary rights of SDI and its affiliates or other third parties (including other members).

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, reverse engineer or in any way exploit any of the Content, in whole or in part, except as otherwise expressly permitted in this Agreement. While you have purchased a license to use the digital media download (according to the licensing agreement outlined above), you do not have any commercial or promotional rights to that media.

Notwithstanding any other provision of this Agreement, SDI and its licensors reserve the right to change, remove, suspend or disable access to any products and/or services, Content or other materials comprising a part of the EasyWorship and/or WorshipMedia Products and Services at any time without notice. SDI will not be liable in any way for damages or losses resulting from the removal of or disabling of access to any such products, Content or materials provided under this Agreement. SDI may also impose limits on the use of or access to certain features or portions of the EasyWorship and/or WorshipMedia Products and Services without notice and without incurring any liability whatsoever.

SDI trademarks, service marks, logos, designs, titles, words, phrases and graphics used in connection with the EasyWorship and/or WorshipMedia Products and Services are trade/service marks or registered trade/service marks of Softouch Development, Inc. Other trademarks, service marks, graphics, designs, titles, words, phrases and logos used in connection with the EasyWorship and/or WorshipMedia Products and Services may be the trademarks of their respective owners. You are granted no right or license with respect to any of the trademarks mentioned above and any use of such trademarks.

All copyrights in and to the EasyWorship and/or WorshipMedia Products and Services, including but not limited to the Site (including the compilation of content, postings, links to other Internet resources and descriptions of those resources) are owned by SDI and/or its licensors. THE USE OF EASYWORSHIP.COM, WORSHIPMEDIA.COM OR ANY PART OF EASYWORSHIP AND/OR WORSHIPMEDIA PRODUCTS AND SERVICES, EXCEPT FOR USE OF THE EASYWORSHIP AND/OR WORSHIPMEDIA PRODUCTS AND SERVICES AS PERMITTED IN THESE TERMS AND CONDITIONS, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

Permitted License Uses

Upon purchase of Content on the Site or the purchase of a subscription for Content on the Site, you are granted a license to use the purchased Content or Content downloaded during the term of a paid subscription under the terms of this Agreement. Producers and suppliers of the Content on the Site continue to own the intellectual property rights in the Content. You may only use the Content for those advertising, promotional and other specified purposes which are Permitted Uses (as defined below). For clarity, you may not use the Content in products for resale, license or other distribution. You cannot modify the Content and sell it to others for consumption, reproduction or re-sale. Any use of the Content that is not a Permitted Use shall constitute infringement of copyright.

For digital media obtained from the Site, you will be licensed to perform the following functions:

  • You may make one copy, backup or archive the Content as necessary of any individually purchased media or media obtained through subscription to CD for archive purposes; provided, however, that you must reproduce all proprietary notices on this single back-up copy. Any burning or exporting privileges/allowances of the download are solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in the digital media download.
  • You may use the Content in corporate settings such as: church services, conferences, Bible studies, multimedia presentations, film and video presentations; as long as the content is not filmed and used for resale as part of media/video clips.
  • You may download the Content to only one computer; you may physically transfer the Content and its archives from one computer to another, however it may only be used on one computer at a time;
  • You may use the product on an unlimited, royalty-free basis provided that, and for so long as, the appropriate licensing fee(s) and/or subscription fee has/have been received by SDI and provided that you are not in breach of the terms of this license or this Agreement;
  • In the event of a legitimate hard-drive crash or other related technical issue, at our reasonable discretion, you may be provided with a reinstall.

Under no circumstances are you permitted to use Content in connection with a “Sensitive Subject”. “Sensitive Subjects” include but are not limited to: any illegal goods or activities, contraception, matters of a sexual nature, substance abuse, domestic violence, alcohol, tobacco, AIDS, cancer, acts of violence and other serious physical or mental ailments. You agree to hold SDI harmless from any claims and expenses arising from your use of any Content in connection with a Sensitive Subject.

If there is any doubt that a proposed use is a Permitted Use, you should contact EasyWorship and/or WorshipMedia member support via email at legal@easyworship.com.

SDI reserves the right to change or modify the Permitted Uses at any time without further notice. Content obtained prior to any such change, however, will maintain the usage permissions that were in effect at the time of such Content’s download. Furthermore, SDI may, from time to time, remove Content and/or EasyWorship and/or WorshipMedia Products and Services from the Site without notice.

Rules of Conduct

You agree that you will not use the Site for any purpose that is unlawful or not permitted by this Agreement. By way of example, and not as a limitation, you agree that when communicating via the Site, including in respect of any forums or other exchanges (a “Forum”) accessed on or through the Site, you will not do any of the following:

  1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others.
  2. Publish, post or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information.
  3. Post links or URLs to files that contain software or other material protected by intellectual property laws (or by rights of privacy or confidentiality) unless you own or control the rights thereto or have received all necessary consents.
  4. Post links to files that contain viruses, corrupted files or any other similar software or programs that may damage or inhibit the operation of another computer.
  5. Advertise or offer to sell any goods or services or conduct or forward surveys, contests or chain letters.
  6. Use any communications or Content or other information obtained through the Site in a manner that is competitive with the Site or SDI business.
  7. Access the Site using any bots, spiders, scripts, crawlers, scrapers, or other automated tool or applications (other than your web browser or any app that we may publish).

You acknowledge that Forums are public and not private communications. Further, you acknowledge that no communication of a third party or Content is endorsed by SDI and no communication of a third party or Content may be considered reviewed, screened or approved by SDI. As explained below, SDI reserves the right for any reason to remove without notice any communication posted to the Site.

You also agree not to use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You also agree not to attempt to gain unauthorized access to any other EasyWorship and/or WorshipMedia member accounts, computer systems or networks associated with the Site. You also agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

Digital Millennium Copyright Act

SDI’s policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity. If SDI removes or disables access to comply with the Digital Millennium Copyright Act, we will make a good-faith attempt to contact the owner or administrator of the affected site(s) so that they may make a counter notification pursuant to Sections 512(g) of that Act. We will document all notices of alleged infringement on which we act.

Notification of Infringement: You must provide a written communication, which may be sent via fax or regular mail (but not by email) that sets forth the items specified below. Please note that you may be liable for damages, including costs and attorneys’ fees, if you materially misrepresent that a product or activity is infringing your copyrights. If you are unsure as to whether certain material of yours is protected by copyright laws, we suggest that you contact an attorney prior to submitting a request.

Please use the following format in preparing and submitting your written notification:

  1. Identify the copyrighted work in sufficient detail that you believe has been infringed, including where the work appears, i.e., the web page(s).
  2. Identify the material that you claim infringes on your copyrighted work described in Item 1 above, including where the material appears, i.e., the web page(s).
  3. Provide your contact information including your telephone number and email address.
  4. Include the following statements in your written notification:
    1. “I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”
    2. “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
  5. Please sign your written notification and send it to the following address:
    • Softouch Development, Inc.
    • 8023 E. 63rd Pl.
    • Ste. 255
    • Tulsa, OK 74133
    • RE: DMCA Notice

Counter Notification: If your materials have been taken down from the Site, you may make a counter notification pursuant to Section 512(g) of the Digital Millennium Copyright Act. When we receive a counter notification that is in accordance with Section 512(g) of the Act, we will reinstate the material in question. You must provide a written communication, which may be sent via fax or regular mail (but not by email) that sets forth the items specified below to make a counter notification.

Please use the following format in preparing and submitting your written counter notification:

  1. Identify the URLs of the materials and the materials that SDI has removed.
  2. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or Tulsa County, Oklahoma (if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection 512(c)(1)(C) of the Act or an agent of such person.
  3. Include the following statements in your written notification: “I swear, under penalty of perjury, that I have a good faith belief that each search result or message identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
  4. Please sign your written counter notification and send it to the following address:
    • Softouch Development, Inc.
    • 8023 E. 63rd Pl.
    • Ste. 255
    • Tulsa, OK 74133
    • RE: DMCA Notice

Third-Party Websites

SDI websites and EasyWorship and/or WorshipMedia Products and Services may contain links to other independent third-party websites (“Linked Websites”). These Linked Websites are provided solely as a convenience to our visitors. Such Linked Websites are not under the control of SDI, and SDI is not responsible for and does not endorse the content of such Linked Websites, including any information or materials contained on such Linked Websites. SDI does not have any responsibility or liability for any information, data, communications or materials available on such third-party sites including without limitation any viruses, malicious programs, or any other harm that you may suffer as a result of visiting any Linked Websites. These linked sites are only for your convenience and you therefore access them at your own risk.

Sales Tax

SDI is required to charge sales tax for purchases made by users whose billing address is in Oklahoma. Orders shipped to an Oklahoma address will incur sales and use tax according to the current county tax rate. If you are making a purchase on behalf of an Oklahoma tax-exempt organization, please fax a copy of your Oklahoma Sales and Use Tax Exemption letter to our accounting department at (918) 250-1493. No email notices will be accepted for this purpose. Organizations that are verified as tax exempt will receive a subsequent refund of the sales tax.

Product Availability

EasyWorship and/or WorshipMedia Products and Services may not be available in your country. References to any EasyWorship and/or WorshipMedia Products and Services do not imply that SDI intends to make available such EasyWorship and/or WorshipMedia Products and Services in your country.

United States Government Export Controls

The Content and EasyWorship and/or WorshipMedia Products and Services from the Site are subject to United States export controls. No Content and/or EasyWorship and/or WorshipMedia Products and Services from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Content and/or EasyWorship and/or WorshipMedia Products and Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list

Indemnity

You agree to indemnify, defend and hold SDI and its affiliates, and their respective directors, officers, employees, partners and agents (collectively, the “SDI Parties”) harmless from and against any and all claims, liability, losses, costs and expenses (including lawyers’ fees on a solicitor and client basis) incurred by any SDI Party in connection with: (i) any use or alleged use of the Site under your Member Name by any person, whether or not authorized by you; (ii) or resulting from any communication made under your Member Name; or (iii) any breach by you of this Agreement. SDI reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with SDI’s defense of such claim.

Term and Termination

Provided you are not in breach of this Agreement, this Agreement is effective until it is terminated. You may terminate this Agreement at any time by emailing legal@easyworship.com or by such other means of written notice acceptable to SDI, which enables confirmation of your identity and your intention to terminate. SDI reserves the right, in its sole discretion, to restrict, suspend or terminate your right to access the membership portions of the Site at any time for any reason without prior notice or liability. SDI may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or Content, without prior notice or liability.

Termination of this Agreement does not relieve you of your responsibilities to pay any amounts due to SDI under this Agreement or your obligations to not use the membership portions of the Site or any Content other than in the manner permitted under this Agreement or any other agreement entered into at the time such Content was downloaded. You agree to immediately erase and delete (on a permanent basis) the Content downloaded from the Site, along with all physical and logical copies of the Content downloaded from the Site at Termination of this Agreement. Termination of this Agreement shall operate without prejudice to SDI’s rights, defenses and limitations of liability provided under this Agreement, which rights, defenses and limitations of liability shall survive termination of this Agreement.

Disclaimer of Warranties

The Site sometimes acts as an exchange of Content between those who provide licensed Content to the website (our “Producer” or “Producers”) and those who wish to use such Content and pay the appropriate licensing fee. Accordingly, SDI makes no representation or warranty that any Content provided is Royalty Free.

Statements as to any rights and ownership of the Content are provided as a reference only and questions regarding the usability for any purpose or proposed use should be directed to the Producer who uploaded or otherwise provided the Content to our website.

THE SITE, INCLUDING ANY CONTENT CONTAINED THEREIN, IS PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. SDI DOES NOT REPRESENT OR WARRANT THAT THE SITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

SDI DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY CONTENT AVAILABLE FOR DOWNLOADING THROUGH THE SITE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

Certain jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You have waived specific rights under this disclaimer, but you may have other rights, which vary from jurisdiction to jurisdiction

Limitation of Liability and Refund Policy

SDI’s entire liability and your exclusive remedy, with respect to any claims arising out of your use of the Content or accompanying material (if applicable), or out of your actions in downloading the Content, shall be as follows: (a) You may, upon written or phone request to SDI (provided SDI determines in its sole and absolute discretion that you have been unable to download such Content successfully) be permitted to download the Content again, at a designated web location; (b) If you continue to be unable to download the Content, SDI will refund the fee actually paid by you in respect of the use of the particular Content that could not be downloaded by you, provided SDI determines in its sole and absolute discretion that you have been unable to download such Content successfully and you are not on a subscription plan (refunds for particular content only apply to individual Content purchases); (c) Notwithstanding the foregoing, due to the nature of digital media, no refunds can be given for digital media once it has been successfully downloaded and the purchase is complete; and (d) if SDI terminates your subscription prior to the end of a subscription term for which you have paid in full then you may request that SDI issue you a pro-rate refund for the months you shall not have the authority to use the Site and the final decision on the issuance or denial of such a refund shall be in the sole discretion of SDI There shall be no refunds for subscriptions terminated by you or for inability to download specific material under a subscription plan.

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SITE INCLUDING WITHOUT LIMITATION ANY OF THE CONTENT OR INFORMATION CONTAINED THEREIN.

IN NO EVENT SHALL SDI OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS MEMBERSHIP AGREEMENT, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE SITE, THE CONTENT OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF SDI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT, THE LICENSE PROVIDED HEREUNDER, OR THE USE OR EXPLOITATION OF ANY OR ALL OF THE CONTENT IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO THE FEE(S) ACTUALLY PAID BY YOU TO SDI UNDER THIS AGREEMENT IN RESPECT OF THE USE OF THE CONTENT.

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Jurisdiction & Arbitration

This Agreement will be governed under the laws of the State of Oklahoma and the federal laws of the United States of America applicable therein (without reference to conflicts of laws or principles). You hereby irrevocably submit to the exclusive jurisdiction and venue of the Courts of Tulsa, Tulsa County, the State of Oklahoma, United States of America with respect to the subject matter of this Agreement. You consent to service of any required notice or process upon you by registered mail or overnight courier with proof of delivery notice, addressed to the address or contact information provided by you at the time the Content was downloaded, or such other address as you may advise us in writing to use, from time to time. Any and all disputes arising out of, under or in connection with this Agreement, including without limitation, its validity, interpretation, performance and breach, shall be submitted to arbitration in Tulsa, Tulsa County, Oklahoma.

If SDI is obligated to go to court, rather than arbitration, to enforce any of its rights, or to collect any fees, you agree to reimburse SDI for its legal fees, costs and disbursements if SDI is successful.

General

You specifically agree and acknowledge that you have, in addition to this Agreement, reviewed the Terms of Use and any other agreements which may be incorporated by reference therein, and to the extent of their incorporation herein you agree to be bound by them.

If any provision or part thereof of this Agreement is wholly or partially unenforceable, the parties or, in the event the parties are unable to agree, a court of competent jurisdiction shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof. This Agreement is personal to you and is not assignable by you without SDI’s prior written consent. SDI may assign this Agreement without your consent to any other party so long as such party agrees to be bound by its terms.

Violations of the Terms and Conditions

Failure to abide by this Agreement is a material breach of this agreement for which SDI may pursue all rights and remedies it has pursuant to this agreement, and any other rights and remedies it may have at law or in equity. You agree that SDI may, in its sole discretion and without prior notice, terminate your access to the Content and/or to the Site and/or block your future access to the EasyWorship and/or WorshipMedia Products and Services if we determine that you have violated this Agreement or other agreements or guidelines which may be associated with your use of the Content and/or the Site. You also agree that any violation by you of this Agreement will constitute an unlawful and unfair business practice and will cause irreparable harm to SDI, for which monetary damages would be inadequate, and you consent to SDI obtaining any injunctive or equitable relief that SDI deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies SDI may have at law or in equity. You agree that SDI may, in its sole discretion and without prior notice, terminate your access to the Content and/or the Site, for cause, which includes but is not limited to (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

SDI reserves the right to takes the steps that SDI believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to SDI’s right to cooperate with any legal process relating to your use of the Site, the Content, and/or EasyWorship and/or WorshipMedia Products and Services, and/or a third-party claim that your use of the Content, the Site, and/or EasyWorship and/or WorshipMedia Products and Services is unlawful and/or infringes such third party’s rights).

SDI reserves the right at all times to disclose any information that SDI deems necessary to comply with any applicable law, regulation, legal process or governmental request. SDI also may disclose your information when SDI determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. SDI 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 Content, the Site, and/or EasyWorship and/or WorshipMedia Products and Services, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) to the rights or property of SDI, or the rights or property of visitors to or users of the Content, the Site, and/or EasyWorship and/or WorshipMedia Products and Services, including the customers of SDI. You agree that SDI has the right, without liability to you, to disclose any Registration Data and/or User Account information to law enforcement authorities, government officials and/or a third party, as SDI believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to SDI’s right to cooperate with any legal process relating to your use of the Content, the Site, and/or EasyWorship and/or WorshipMedia Products and Services, and/or a third-party claim that your use of the Content, the Site, and/or EasyWorship and/or WorshipMedia Products and Services is unlawful and/or infringes such third party’s rights). For further information regarding your privacy, please review our Privacy Policy available at EasyWorship.com or WorshipMedia.com, which is incorporated into this Agreement by reference.

You acknowledge and agree that SDI may preserve any transmittal or communication by you with SDI through the Site and may also disclose such data if required to do so by law or SDI determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce this Agreement, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of SDI, its employees, users of or visitors to the Site, and the public.

If SDI does take any legal action against you as a result of your violation of this Agreement, SDI 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 SDI. You agree that SDI will not be liable to you or to any third party for termination of your access to the Content, the Site, and/or EasyWorship and/or WorshipMedia Products and Services as a result of any violation of this Agreement.

Additional Terms

This Agreement constitutes the entire agreement between you and SDI with regard to your use of the Content, the Site, and/or EasyWorhsip and/or WorshipMedia Products and Services, and any and all other written or oral agreements or understandings previously existing between you and SDI with respect to such use are hereby superseded and cancelled. If any of the provisions of this Agreement 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 this Agreement, so that this Agreement shall remain in full force and effect. SDI will not accept any counter-offers to this Agreement, and all such offers are hereby categorically rejected.

The failure of SDI to insist on or enforce strict performance of this Agreement shall not be construed as a waiver by SDI of any provision or any right it has to enforce this Agreement, nor shall any course of conduct between SDI and you or any other party be deemed to modify any provision of this Agreement.

This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties.

Contact

If you have concerns relating to the Site or this Agreement, please contact SDI at legal@easyworship.com.

Acknowledgement

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND SDI, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND SDI RELATING TO THE SUBJECT OF THIS AGREEMENT.