This agreement governs your use of the EasyWorship websites. To learn about the terms by which members obtain the right to use Content provided for the EasyWorship.com and WorshipMedia.com communities, please read our Membership Agreement.

EasyWorship.com, EasyWorship.ca, EasyWorship.co.uk and WorshipMedia.com (collectively referred to as the “Site”) are owned and operated by Softouch Development, Inc. (“SDI”). Access and use of this Site is provided by SDI to you on condition that you accept these Terms of Use, and by accessing or using this Site, you agree to these Terms of Use. If you do not agree to accept and abide by these Terms of Use you should not access or use this Site.

SDI reserves the right to change, add or remove portions of these Terms of Use at any time, without notice, and at its sole discretion. Your continued use of the EasyWorship Products and Services following the posting of any changes means that you accept and agree to such changes. It is your responsibility to check these Terms of Use periodically for changes.

You may not interfere with the security of, or otherwise abuse this Site or any system resources, services or networks connected to or accessible through this Site. You may only use this Site for lawful purposes.

Privacy

SDI is committed to protecting your privacy. For more information about our online collection, use and disclosure of your personal information, please read the Privacy Policy provided on our website.

Email

You may email questions or concerns to SDI at support@worshipmedia.com. However, the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. SDI is not liable for any damages related to communications to or from the Site. You agree with respect to any information provided by you to us through the Site or via e-mail that:

  1. SDI has no obligation concerning such information;
  2. The information is non-confidential and you should have no expectation of privacy with respect to any communications with the Site;
  3. SDI may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose without compensation; and
  4. The information is truthful and disclosure of the information does not violate the legal rights of others.

Intellectual Property

Copyright © 1991-2008 Softouch Development, Inc. All rights reserved.

This website and its content are copyrighted works of Softouch Development, Inc. Any redistribution or reproduction of part or all of the contents in any form is prohibited without prior written permission. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system. Duplication, use, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013(c)(1)(ii) and FAR 52.227-19.

In the United States and many other countries, copyright law provides for severe civil and criminal penalties for the unauthorized reproduction or distribution of copyrighted material. Copyrighted materials include, but are not limited to, computer programs, video and accompanying sounds, images and text. Under the US law, infringement may result in civil damages up to $100,000 and/or criminal penalties up to five years imprisonment and/or $250,000 in fines.

SDI trademarks, service marks, logos, designs, titles, words, phrases, and graphics used in connection with the EasyWorship Products and Services are trade/service marks or registered trade/service marks of Softouch Development, Inc. Other trademarks, service marks, graphics and logos used in connection with the EasyWorship 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 will be aggressively prosecuted.

Rules Of Conduct

You agree that you will not use the Site for any purpose that is unlawful or not permitted by these Terms of Use. By way of example, and not as a limitation, you agree that when communicating via the Site, including with respect to 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. publish, post or disseminate 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. publish, post or disseminate 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, conduct or forward surveys, contests or “chain letters”, or post or make available any unsolicited or unauthorized promotional materials, “junk mail”, “spam”, “pyramid schemes”, or any other form of solicitation;
  6. use any communications or Content or other information obtained through the Site in a manner that is competitive with EasyWorship.com or SDI business;
  7. provide material support or resources (or 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;
  8. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  9. impersonate any person or entity, including, but not limited to, an EasyWorship.com officer, employee, or affiliated third party;

You acknowledge that Forums are public and not private communications. Further, you acknowledge that no communication of a third party is endorsed by SDI and no communication of a third party may be considered reviewed, screened or approved by SDI. 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 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 respects the copyright of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with 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

Third-Party Websites

SDI websites and EasyWorship 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 we are not responsible for and do 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.

Internet software or computer viruses

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on the Site. Computer viruses or other destructive programs may also be inadvertently downloaded from the Site.

SDI shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on the Site or your downloading of any of the Materials from this Site. SDI recommends that you install appropriate anti-virus or other protective software.

Disclaimer Of Warranties

EASYWORSHIP.COM, 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.

Applicable law

The Site is controlled, operated and administered by SDI from within the State of Oklahoma, United States of America. The Site can be accessed from all states and territories of the United States of America, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the State of Oklahoma, you acknowledge and agree that these Terms of Use 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 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 these Terms of Use and any and all other actions arising out of your use of EasyWorship.com. These Terms of Use will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

You consent to service of any required notice or process upon you by email, registered mail or overnight courier with proof of delivery notice, addressed to the address or contact information provided by you at the time you are first granted access to the membership portions of the Site. You agree to waive any right you may have to (i) trial by jury; and (ii) to commence or participate in any class action against SDI related to the Site or this Agreement.

Any and all disputes arising out of, under or in connection with these Terms of Use, including without limitation, its validity, interpretation, performance and breach, shall be submitted to arbitration in Tulsa, Oklahoma, pursuant to the rules of the Federal Arbitration Act and the Oklahoma Revised Uniform Arbitration Act (effective January 1, 2006) in effect at the time arbitration is demanded.

If SDI is obligated to go to court or 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.

Limitation of Liability

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS 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 THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS 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.

Indemnification

You agree to indemnify and hold SDI harmless against all claims or liability asserted against SDI arising out of or in connection with any breach by you, or anyone acting on your behalf, of any of these Terms of Use.

Additional Terms

This Agreement constitutes the entire agreement between you and SDI with regard to your use of the downloadable digital media, the Site, and/or EasyWorship 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.