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The following terms and conditions govern all use of the Christian Music Merch website and all content, services and products available at
or through the website. The Website is owned and operated by Christian Music Merch and is offered subject to your acceptance without
modification of all of the Terms and Conditions contained herein and
all other operating rules, policies (including, without limitation, our
Privacy Policy) and procedures that may be published from time to time
on this Site (collectively, the "Agreement"). Please read this
Agreement carefully before accessing or using the web site. By
accessing, using or downloading messages, information, data, text,
software, images or other materials from this Site (the "Content"), or
by sending messages, information, data, text, software, images or other
materials to this Site ("Materials"), you agree on your own behalf and
on behalf of any entity on whose behalf you may act to accept and abide
by these Terms and Conditions for each use and each visit of this Site.
If you do not agree to abide by these Terms and Conditions, you should
not use this Site or download or use Content from it. These Terms and
Conditions apply exclusively to your access to and use of this Site and
do not alter the terms or conditions of any other agreement you may
have with Christian Music Merch.
Changes to Terms and Conditions.
Christian Music Merch reserves the right, at its sole discretion, to
add to, remove, modify or otherwise change any part of these Terms and
Conditions in whole or in part, at any time. Changes will be effective
when notice of such change is posted at this Site. It is your
responsibility to check this Agreement periodically for changes. Your
continued use of or access to the Website following the posting of any
changes to this Agreement constitutes acceptance of those changes. Christian Music Merch may also, in the future, offer new services
and/or features through the Website (including, the release of new
tools and resources). Such new features and/or services shall be
subject to the terms and conditions of this Agreement. If any change is
not acceptable to you, you must discontinue your use of this Site
immediately. Your continued use of this Site or downloading or use of
Content from it after any such changes are posted will constitute
acceptance of those changes.
Changes to this Site
Christian Music Merch may terminate, change, suspend or discontinue any
aspect of this Site, including (i) changing the availability of any
features at any time without notice or liability; (ii) changing any
fees or charges for use of the Site, including instituting new or
increased fees or charges for the use of the Site or any other
Site-related services (the "Services") or any features thereof; (iii)
removing, adding, modifying or otherwise changing any Content on or
from this Site; or (iv) imposing limits on certain features and
Services or restricting your access to parts or all of this Site
without notice or liability for any reason whatsoever. Christian Music Merch reserves the right but not the duty, in its sole discretion,
to correct any errors or omissions in any portion of this Site at any
time without notice.
Christian Music Merch may terminate your access to all or any part of
the Website at any time, with or without cause, with or without notice,
effective immediately. If you wish to terminate this Agreement or your Christian Music Merch account, you may simply discontinue using the
Website. Notwithstanding the foregoing, if you have a paid account,
such account can only be terminated by Christian Music Merch if you
materially breach this Agreement and fail to cure such breach within
thirty (30) days from Christian Music Merch's notice to you thereof;
provided that, Christian Music Merch terminate the Website immediately
as part of a general shut down of our service. All provisions of this
Agreement which by their nature should survive termination shall
survive termination, including, without limitation, ownership
provisions, warranty disclaimers, indemnity and limitations of
liability.
Christian Music Merch reserves the right at all times to disclose any
Materials provided by you as necessary to satisfy any law, regulation
or governmental request, or to edit, refuse to post or remove any
Materials, in whole or in part, that in Christian Music Merch's sole
discretion is objectionable or in violation of these Terms and
Conditions.
Registration and Password
If you sign-up to use any of Christian Music Merch's services, you are
responsible for maintaining the security of your account and password,
and You shall be responsible for all uses of your registration, whether
or not authorized by you. Christian Music Merch will not be liable for
any acts or omissions by You, including any damages of any kind
incurred as a result of such acts or omissions. You agree to
immediately notify Christian Music Merch of any unauthorized use of
your registration or password.
Copyright and Trademark
This Site, including all Content, is protected by Canadian and
worldwide copyright laws and treaty provisions. You agree to comply
with all copyright laws worldwide in your use of this Site and to
prevent any unauthorized copying of the Content. This Agreement does
not transfer from Christian Music Merch to you any Christian Music Merch or third party intellectual property, and all right, title
and interest in and to such property will remain (as between the
parties) solely with Christian Music Merch. The Service names, Christian Music Merch names and logos used on this Site may be
trademarks, including registered trademarks of Christian Music Merch.
Such Service names, company names and logos of Christian Music Merch
may not be copied, imitated or used, in whole or in part, without the
prior written consent of Christian Music Merch. Other trademarks,
service marks, graphics and logos used in connection with the Website
may be the trademarks of other third parties. Your use of the Website
grants you no right or license to reproduce or otherwise use any Christian Music Merch or third-party trademarks. Except as expressly
provided herein, Christian Music Merch does not grant any express or
implied right or license to you under any intellectual property right,
including under any patent, trademark, copyright, trade secret, or
confidential information, of Christian Music Merch. Christian Music Merch' Services, methods and processes may be covered by one or
more patents or other intellectual property rights, and are subject to
trade secret and other proprietary rights. Christian Music Merch
reserves all such rights. Any software, as well any files or images
generated by such software, code and data accompanying such software
(the "Software"), used or accessible through this Site is the
copyrighted work of Christian Music Merch or its licensors. Unless
provided for elsewhere, you are licensed to use the Software on a
non-exclusive basis for the purposes expressly stated on this Site.
Except as permitted by law, you may not use the Software for any other
purpose or attempt to decipher, decompile, disassemble or reverse
engineer any of the Software comprising or in any way making up a part
of the Site.
Links and Third Party Materials
Certain links on this Site may take you to other web sites. Christian Music Merch provides these links only as a convenience. These linked
sites are not necessarily under the control of Christian Music Merch.
If you use these sites, you will leave this Site. If you decide to
visit any linked site, you do so at your own risk and it is your
responsibility to take all protective measures to guard against viruses
and other destructive elements.
Christian Music Merch has not reviewed, and cannot review, all of the
material posted to the Website, and cannot therefore be responsible for
that material's content, use or effects. By operating the Website,
Christian Music Merchdoes not represent or imply that it endorses the
material there posted, or that it believes such material to be
accurate, useful or non-harmful. You are responsible for taking
precautions as necessary to protect yourself and your computer systems
from viruses, worms, Trojan horses, and other harmful or destructive
content. The Website may contain content that is offensive, indecent,
or otherwise objectionable, as well as content containing technical
inaccuracies, typographical mistakes, and other errors. The Website may
also contain material that violates the privacy or publicity rights, or
infringes the intellectual property and other proprietary rights, of
third parties, or the downloading, copying or use of which is subject
to additional terms and conditions, stated or unstated. Christian Music Merch disclaims any responsibility for any harm resulting from the
use by visitors of the Website, or from any downloading by those
visitors of content there posted.
Christian Music Merch is not responsible for the contents of any such
linked page or any other page not under its control. Christian Music Merch makes no representation or warranty regarding, and does not
endorse, any linked web sites, the information appearing thereon or any
of the products or services described. Links do not imply that Christian Music Merch sponsors, endorses, is affiliated or associated
with, or is legally authorized to use any trademark, trade name, logo
or copyright symbol displayed in or accessible through the links, or
that any linked site is authorized to use any trademark, trade name,
logo or copyright symbol of Christian Music Merch.
Agreement to Privacy Policy
You agree to abide by the Christian Music Merch privacy policy, a copy of which is accessible from the home page of this Site.
Disclaimers
You acknowledge that any use of or reliance on this Site or any Content
shall be at your sole risk. Christian Music Merch makes no
representation or warranty of any kind regarding the Site and/or the
Content.
Limitation of Liability
In no event will Christian Music Merch or its suppliers or licensees,
be liable with respect to any subject matter of this agreement under
any contract, negligence, strict liability or other legal or equitable
theory FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION
INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING
WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR
PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE),
ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR THE
INABILITY TO USE OR ACCESS, THIS SITE, THE MATERIALS, ANY CONTENT
PROVIDED OR ANY LINKED WEBSITE OF A THIRD PARTY, EVEN IF INTERACTIVE
APPLICANT, OR SUCH A THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE OR LOSS.
The limitations of liability and disclaimers in these Terms and
Conditions apply regardless of the form of action, whether in contract,
warranty, civil liability, delict, quasi-delict, strict liability,
negligence, or other tort and shall survive a fundamental breach or
breaches, or the failure of the essential purpose of contract or the
failure of an exclusive remedy.
Arbitration
Any and all disputes arising out of these Terms and Conditions, its
performance, breach, enforcement, existence or validity, including any
failure of the parties to reach agreement with respect to matters
provided for in these Terms and Conditions and all matters of dispute
relating to the rights and obligations of the parties, which cannot be
amicably resolved, even if only one of the parties declares that there
is a difference, will be referred to and finally settled by private and
confidential binding arbitration before a single arbitrator held in Barrie, Ontario in English and governed by Ontario. The arbitrator
shall be a person who is legally trained and who has experience in the
information technology field in Canada and is independent of either
party. Notwithstanding the foregoing, each party may pursue the
protection intellectual property rights and confidential information
through injunctive or other equitable relief through the courts.
Additional Terms of Use
Certain areas of this Site may be subject to additional terms of use.
By using such areas, or any part thereof, you agree to be bound by the
additional terms of use applicable to such areas.
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