Terms& Conditions

ENDUSER AGREEMENT (TERMSAND CONDITIONS)


Welcometo www.GOSPELMUSIKCLOUD.com; applications, products and servicesoffered through the www.GOSPELMUSIKCLOUD.com network and owned by 8Digital Media. This End User AGREEMENT describes the terms andconditions applicable to your access and use of the Sites and theproducts and services offered therein.


Pleaseread the following carefully before ordering/downloading any of ourproducts, so that you are aware of your legal rights and obligationswith respect to GOSPELMUSIKCLOUD.com, its affiliates, licensors,content providers, and other users.

THISEND USER AGREEMENT (EUA) FULLY INCORPORATES BY REFERENCE: (A) THEPRIVACY POLICY AND (B) ALL OTHER POLICIES AND GUIDELINES OF THE SITESAND MATERIALS, SERVICES, AND/OR DOWNLOADING AND/OR USING SOFTWARE (ASSUCH TERMS ARE DESCRIBED BELOW), INCLUDING WITHOUT LIMITATION: (I)OFFICIAL RULES FOR ANY CONTESTS, OFFERS OR SWEEPSTAKES, AND (II) THEPOLICIES AND GUIDELINES OF ANY THIRD PARTY ADVERTISERS, LICENSORSAND/OR PARTNERS.


Byusing these Sites and the services and products offered on or throughthem, you may access GOSPELMUSIKCLOUD.com. As used in this EUA, theterm, GOSPELMUSIKCLOUD.com includes the GOSPELMUSIKCLOUD.com Website,any GOSPELMUSIKCLOUD.COM audio player, any other software owned orcontrolled by 8 Digital Media which you have selected for downloadingand installation, and any online or enclosed documentation, datadistributed to your computer for processing and any futureprogramming fixes, updates and upgrades provided to you. Softwareincludes security components that permit digital information to beprotected and its use to occur only as permitted by usage rules setby www.GOSPELMUSIKCLOUD.com and/or its licensors who have providedMaterials (as defined herein below) for the Services.

Usingthis Site, you may access some or all of the services offered byGOSPELMUSIKCLOUD.com and its licensors and authorized businesspartners. The Services include, but are not limited to theGOSPELMUSIKCLOUD.COM audio subscription and download facility.


Byusing this Site, the Services, the Materials and/or downloadingand/or using Software, you automatically signify your agreement withand acceptance of this EUA. You also agree to ensure that anyone whouses these Sites, Software, the Materials and/or the Services on yourcomputer also strictly abides by and adheres to this EUA.GOSPELMUSIKCLOUD.COM has the right to revise, alter, change, modify,supplement and/or amend this EUA at any time for any reason, in itssole discretion, without providing notice to its users. Yourcontinued use of these Sites, Software, the Materials and/or theServices shall automatically be deemed to be and constitute youragreement with and acceptance of those revisions. We reserve theright to make revisions to or discontinue any portion of the Sites,Software, the Materials and/or the Services at any time and for anyreason, at our sole discretion. We may also impose limits on certainfeatures or restrict your access to parts or the entire Sites withoutnotice or liability. Your continued use of the Sites, Software, theMaterials and/or the Services after such revisions shallautomatically be deemed to be and constitute your agreement with andacceptance of those revisions. You should check this websiteregularly to determine if any changes and or updates have been madeto this EUA.

Ifyou do not meet the requirements (as described below) or agree to (orcannot comply with) this EUA, as may be revised from time to time,you must stop using the Site, Software, Materials and Services and,if applicable, cancel your Subscription Service. This license willterminate upon conditions set forth elsewhere within this EUA or ifyou fail to comply with any term or condition of this EUA. In suchevent, no notice shall be required by GOSPELMUSIKCLOUD.com to effectsuch termination.


Contractwith GOSPELMUSIKCLOUD.COM

Acontract between you and GOSPELMUSIKCLOUD.com is establishedimmediately after the receipt of the whole price of the song that youwish to purchase. Until then, you acknowledge that no valid contractwhatsoever exists between you and GOSPELMUSIKCLOUD.COM in respect ofthe song you have shown interest. Once payment has been received byGOSPELMUSIKCLOUD.COM, GOSPELMUSIKCLOUD.COM will send a receipt byemail to the email address you provide in your purchase formconfirming songs that you have purchased and the amount you havepaid.


Cancellationof Purchase

Youreserve the right to cancel any purchase, provided thatGOSPELMUSIKCLOUD.COM receives your instructions to cancel thepurchase before your purchase is successful and the price paid byyou, shall be returned to you not more than five working daysthereafter. Once your purchase has been sent out ofGOSPELMUSIKCLOUD.COM’s database, it shall not be possible to cancelsuch a purchase.


Privacy/Accounts

Yourprivacy is very important to us at GOSPELMUSIKCLOUD.COM. To betterprotect your rights we have provided the www.GOSPELMUSIKCLOUD.COM.comprivacy policy to explain our privacy practices in detail. ThisPrivacy Policy is incorporated herein by reference and all users ofthe Services, Sites, Materials and Software are bound by its terms.You understand, acknowledge and agree that any use of the Datacollected when you open an Account (as described herein) or use theSites, Software, Materials and/or Service as described in the PrivacyPolicy is not an actionable breach of your privacy or publicityrights.


Ifyou desire to download audio available from www.GOSPELMUSIKCLOUD.comand/or its licensors, you represent, covenant and agree that you willprovide correct and accurate information as may be requested tocreate your account. As part of the registration process, each userwill be asked for such personally identifiable information as name,email address, age, mobile telephone number, gender and otherdemographic information as well as asked to select a password andUser Name. You agree to provide GOSPELMUSIKCLOUD.com with accurate,complete, and updated Account information, and maintain and promptlyupdate such information to keep it accurate, current and complete. Ifyou provide any information determined by GOSPELMUSIKCLOUD.COM, inits sole discretion, to be untrue, inaccurate, not current,incomplete, misleading or designed to deceive, or ifGOSPELMUSIKCLOUD.COM, in its sole discretion, believes it has a basisto suspect that such is the case, GOSPELMUSIKCLOUD.COM has the rightto immediately suspend or terminate your account, either with orwithout notice to you, and refuse to grant any and all current orfuture access and use of the Services (or any portion thereof) and/orany benefit to which you may be entitled through your access and useof the Sites, Software, Material and Services. You may not: (i)select or use a User Name of another person or third party entitywith the intent to impersonate that person or third party entity;(ii) use a name subject to the rights of any other person or thirdparty entity without authorization; or (iii) use a User Name thatGOSPELMUSIKCLOUD.COM, in its sole discretion, deems inappropriate oroffensive. You shall notify GOSPELMUSIKCLOUD.COM.com at customersupport of any known or suspected unauthorized use(s) of yourAccount, or any known or suspected breach of security, includingloss, theft, or unauthorized disclosure of your User Name and/orPassword. You will be responsible for maintaining the confidentialityof your User Name and Password.

GOSPELMUSIKCLOUD.COMmay immediately terminate your Account, or suspend your access toyour Account, without notice, for conduct thatGOSPELMUSIKCLOUD.COM.com believes, in its sole discretion, is: (i)illegal, fraudulent, harassing, abusive or otherwise improper orinappropriate;(ii) a violation of this EUA, any other policies orguidelines posted by GOSPELMUSIKCLOUD.COM on any of its Sites; or(iii) harmful to other users, third parties, the Services, or thebusiness interests of GOSPELMUSIKCLOUD.COM. If GOSPELMUSIKCLOUD.COMhas terminated a portion, but not all, of your access to the Servicesfor the foregoing reasons, you will nevertheless be responsible forall the charges for the Services, if any.

Useof an Account for illegal, fraudulent or abusive purposes may bereferred to law enforcement authorities without notice to you. If youfile a claim against GOSPELMUSIKCLOUD.COM, or a claim, which in anyway involves GOSPELMUSIKCLOUD.COM, then GOSPELMUSIKCLOUD.COM mayterminate your Account. Upon termination of your Account byGOSPELMUSIKCLOUD.COM for any of the above-mentioned reasons,www.GOSPELMUSIKCLOUD.COM.com may prohibit you from ever opening upanother Account, as determined by www.GOSPELMUSIKCLOUD.com in itssole discretion. Upon termination of your Account,GOSPELMUSIKCLOUD.COM will have no obligation to notify any thirdparties nor will GOSPELMUSIKCLOUD.COM be responsible for any damagesor liabilities that may result or arise out of termination of yourAccount.

Youunderstand and agree that our advertising relationships help us tomake the Service available to you. The information that you submit tothe Service through the Site remains your property, but by using theSites, Software and Materials and by participating in the Service,you grant us the right to use such information for marketingpurposes, including, but not limited to, sharing such informationwith third parties. GOSPELMUSIKCLOUD.COM may use such information to(i) directly market certain offers to you via e-mail marketing,telemarketing, direct mail, mobile telephone text messaging(including, without limitation, SMS and/or MMS) and other methods,(ii) to monitor compliance with our Site Terms of Use and/or thisEUA, and (iii) for content improvement and feedback purposes. We maysell the personal information that you supply to us and we may jointogether with other third party businesses to bring selected retailopportunities to you. These businesses may include, but are notlimited to, providers of online, e-mail, telemarketing and directmail marketing services and applications. Such services andapplications may include, but not be limited to, lookup andreference, data enhancement, overlay, appending, suppression andvalidation. By registering on the Site for our Service, you areindicating that you have read and agree to this EUA and the PrivacyPolicy and of its all terms and conditions, and you furtheracknowledge and agree that you understand how and under whatcircumstances the personal information you provide will be used. Youalso agree to receive marketing promotions and other solicitationsfrom this Site, its advertising partners and/or other third partyadvertisers based on the information you provide on this Site, andexpressly agree to be contacted by any such Site Sponsors throughdirect mail, phone, pre-recorded message, SMS text and/or email. Youare not obligated to opt-in to receive any Site Sponsor offers whenyou participate in the Services. However, if you choose to opt-in toreceive any Site Sponsor’s offer(s), you understand and agree thatsuch Site Sponsor may contact you using the registration informationyou provide to GOSPELMUSIKCLOUD.com, including without limitation, bytelephone or email, pursuant to the terms and conditions of this EUAand GOSPELMUSIKCLOUD.com Privacy Policy.



Useof Materials; Usage Restrictions

Allmaterials and works published by GOSPELMUSIKCLOUD.com on any of itsSites or available from the Services (including, but not limited to,audio files and streams, video files and streams text, images,illustrations, etc.) are owned or controlled by GOSPELMUSIKCLOUD.com,subsidiaries and/or affiliated companies or a third-party provider orlicensor, and may be referred to herein as Materials. The Materialscontain and/or comprise copyrighted or other proprietary subjectmatter, and your use of them is governed by this EUA, certain otherpolicies and agreements, and applicable law. Further, the third partyproviders and licensors of the Materials have reserved all rights,including without limitation all applicable rights relating to theirMaterials, as they may prescribe from time to time. Your use of theMaterials is subject to the following prohibitions and restrictions:

Youare prohibited from copying, reproducing, uploading, exporting,transferring, selling, forwarding, sharing with others ortransmitting the Materials in any way unless specifically authorizedby GOSPELMUSIKCLOUD.COM.

Youmay use the Materials for personal, non-commercial use only; you arenot granted any commercial, sale, resale, reproduction, distributionor promotional use rights for the Materials, including any rights foruses that require a synchronization or public performance licensewith respect to the underlying musical composition.

Youare prohibited from making modifications to the Materials or creatingderivative works based on the Materials, as well as using theMaterials on any networked computer environment or other website.

Youare prohibited from making any use of the Materials that wouldinfringe the copyrights therein.

Youmust comply with all applicable law in your use of the Materials andagree to protect any third party licensor’s rights therein.

Youare prohibited from making any unauthorized reproduction ordistribution of Materials that violates applicable law.

Youagree and accept that these usage restrictions may be enforcedthrough technological means via applicable security solutions. Allrights not expressly granted to you in this EULA are reserved toGOSPELMUSIKCLOUD.COM and/or its licensors. GOSPELMUSIKCLOUD.COM (foritself and for the Materials’ owners) reserves the right to enforcethese usage rules and restrictions with or without notice to you.

YourEligibility To Open An Account;

Byopening an Account, you represent that you are an adult and have thelegal capacity to enter a contract in the jurisdiction where youreside. You accept exclusive, full and complete responsibility forthe conduct of the children using your Account.

Ifyou are under 18 years of age, you are not permitted to installSoftware or use the Sites, Materials and/or the Service. If you areunder 18 years of age and you have either agreed to this EUA orcreated an account through the Site by lying about your age, you arein violation of this EUA and our Privacy Policy. You must immediatelydiscontinue any use of these Sites, uninstall Software anddiscontinue any use of the Service.



Agreementto Pay

Bycompleting the Service registration and clicking the I Agree to theEnd User Agreement checkbox and/or the Submit button and/or othercall-to-action button (e.g. Start Downloading Now) or completing thebilling page, you authorize GOSPELMUSIKCLOUD.com to charge applicablefees to your billing payment method designated during theregistration process, on a pre-paid basis if applicableGOSPELMUSIKCLOUD.com may make various payment methods available toyou, including VoguePay, CashEnvoy, PayStack etc. andGOSPELMUSIKCLOUD.com may cease offering any particular payment methodat any time, in its sole discretion, at which time you will berequired to select a different payment method to continue using theServices. If we are unable to charge your billing payment method forany payment, GOSPELMUSIKCLOUD.com may, in its sole discretion, takeany of the following actions: (i) deny purchase, (ii) immediatelysuspend or terminate your GOSPELMUSIKCLOUD.com account. Unless youunsubscribe from GOSPELMUSIKCLOUD.com, GOSPELMUSIKCLOUD.com willautomatically collect and retain your billing information and Accountinformation for future purchases.

Pricesquoted are generally inclusive of any applicable taxes that arerequired to be collected and remitted by GOSPELMUSIKCLOUD.com,including any sales taxes.

Theprices payable for songs or service are as set out in our website.The price for a songs or service on our website does not includedownload charges of the songs to you.

 

Disclaimerof Guarantees, Claims, Representations and Warranties

READTHIS CAREFULLY” THE SITES, SOFTWARE, THE MATERIALS AND THE SERVICESARE PROVIDED AS IS AND AS AVAILABLEAND YOU ACCESS THEM AT YOUR OWNRISK. GOSPELMUSIKCLOUD.com MAKES NO GUARANTEES, WARRANTIES, CLAIMS ORREPRESENTATIONS OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED, ORSTATUTORY, WITH RESPECT TO THE SITES, SOFTWARE, THE MATERIALS OR THESERVICES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF CUSTOM,ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION, QUALITY,PERFORMANCE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT,MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, NOGUARANTEES, WARRANTIES, CLAIMS OR REPRESENTATIONS OF ANY KIND ARECREATED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADEUSAGE. FURTHER, GOSPELMUSIKCLOUD.com MAKES NO GUARANTEES, CLAIMS,REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SITES,SOFTWARE, THE MATERIALS OR THE SERVICES PROVIDED BY LICENSORS,ADVERTISERS, MARKETERS AND/OR THIRD PARTIES WHICH ARE ACCESSIBLE ONOR THROUGH THE SITES, SERVICES, MATERIALS OR SOFTWARE.

NEITHERGOSPELMUSIKCLOUD.com NOR ITS PROPRIETORS, OFFICERS, EMPLOYEES,SUBSIDIARIES, AFFILIATES, AGENTS, CONTRACTORS, THIRD PARTY VENDORS,SERVICE PROVIDERS, FACILITIES, INFORMATION PROVIDERS, LICENSORS OROTHER SUPPLIERS PROVIDING DATA, INFORMATION, SOFTWARE, MATERIALSAND/OR SERVICES MAKE ANY GUARANTEES, CLAIMS REPRESENTATIONS ORWARRANTIES OF ANY KIND: (A) THAT THE SITES, SOFTWARE, THE MATERIALSAND/OR THE SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, RELIABLE,UNINTERRUPTED, IMPAIRED, TIMELY, SECURE, ACCURATE, COMPLETE,VIRUS-FREE OR ERROR-FREE, OR (B) THAT ERRORS OR DEFECTS RELATED TOTHE SITES, SOFTWARE, THE MATERIALS OR THE SERVICES WILL BE CORRECTED.GOSPELMUSIKCLOUD.com ALSO DOES NOT GUARANTEE, CLAIM, REPRESENT ORWARRANT THAT THE SITES, SOFTWARE, THE MATERIALS AND/OR THE SERVICESARE APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULARJURISDICTION. THIS DISCLAIMER OF GUARANTEES, CLAIMS, REPRESENTATIONSAND WARRANTIES CONSTITUTES AN ESSENTIAL PART OF THIS EUA AND YOURPERMISSION FROM GOSPELMUSIKCLOUD.com TO ACCESS AND USE THE SITES,SOFTWARE, MATERIALS AND SERVICES.

GOSPELMUSIKCLOUD.comAGREES TO USE COMMERCIALLY REASONABLE EFFORTS TO PROTECT USERPERSONALLY IDENTIFIABLE INFORMATION (DATA) SUBMITTED BY YOU INCONNECTION WITH THE SERVICES, BUT YOU UNDERSTAND, ACKNOWLEDGE ANDAGREE THAT YOUR SUBMISSION OF ANY INFORMATION IS AT YOUR SOLE RISK,AND GOSPELMUSIKCLOUD.com HEREBY DISCLAIMS ANY AND ALL LIABILITY FORANY LOSS OR LIABILITIES RELATING TO, ARISING OUT OF OR IN CONNECTIONWITH SUCH INFORMATION. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THEENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITES,SOFTWARE, THE MATERIALS AND THE SERVICES REMAINS WITH YOU TO THEMAXIMUM EXTENT PERMITTED BY LAW.

 

READTHIS CAREFULLY” YOU EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND AGREETHAT GOSPELMUSIKCLOUD.com, ITS SUBSIDIARIES AND AFFILIATES AND EACHOF THEIR OFFICERS, PROPRIETORS, EMPLOYEES, DISTRIBUTORS, LICENSORS,SUPPLIERS, GOSPELMUSIKCLOUD.com PROVIDERS, PARTNERS, ADVERTISERS, ANDAGENTS (COLLECTIVELY, PROTECTED PARTIES) SHALL NOT BE LIABLE TO YOUFOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,PUNITIVE OR EXEMPLARY DAMAGES OR OTHER RELIEF OF ANY KIND OR NATURE,ARISING OUT OF, IN CONNECTION WITH OR OTHERWISE RELATED TO THE SITES,SOFTWARE, MATERIALS AND/OR SOFTWARE INCLUDING WITHOUT LIMITATIONDAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, ASSETS,BUSINESS OR OTHER TANGIBLE AND/OR INTANGIBLE LOSSES, EVEN IF ANY OFTHE PROTECTED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCHDAMAGES OR SUCH DAMAGES ARE FORESEEABLE, RESULTING FROM: (A) THE USEOR THE INABILITY TO USE THE SITES, SOFTWARE, THE MATERIAL AND/OR THESERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES ORCONTENT RESULTING FROM ANY SERVICES OBTAINED THROUGH OR FROM THESITES, SOFTWARE, THE MATERIAL AND/OR THE SERVICES; (C) UNAUTHORIZEDACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTSOR CONDUCT OF ANY THIRD PARTY ON THE SITES, SOFTWARE, THE MATERIALSAND/OR THE SERVICES; (E) INACCURACIES, MISTAKES, OR ERRORS OFCONTENT; (F) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATUREWHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SITES,SOFTWARE, THE MATERIALS AND/OR THE SERVICES; (G) ANY BUGS, VIRUSES,TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THOUGH THESITES, SOFTWARE, THE MATERIALS AND/OR THE SERVICES BY A THIRD PARTY;OR (H) ANY OTHER MATTER RELATING TO THE SITES, SOFTWARE, THEMATERIALS AND/OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT,TORT, PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. IN NO EVENT WILLTHE PROTECTED PARTIES HAVE CUMULATIVE LIABILITY UNDER THIS EUA. INTHE EVENT THIS LIMITATION OF LIABILITY SHALL BE FOR ANY REASON HELDUNENFORCEABLE OR INAPPLICABLE OR LIMITED BY LAW, YOU AGREE THAT THEAGGREGATE LIABILITY OF THE PROTECTED PARTIES SHALL NOT EXCEED 20,000(Twenty Thousand Naira).

BECAUSESOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON LIABILITY ORTHE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL ORINCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE PROTECTEDPARTIES’ LIABILITY SHALL BE LIMITED ONLY TO THE EXTENT REQUIRED BYAPPLICABLE LAW. YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS ORDISSATISFACTION WITH THE SITES, SOFTWARE, THE MATERIALS AND/OR THESERVICES IS TO DISCONTINUE ANY USE OF THE SITES AND/OR UNINSTALL ANDCEASE USE OF SUCH SOFTWARE, MATERIALS AND SERVICES.

Linksto Third Party Sites, Third Party Content, Online Behavior andProhibited

 

Usesof Software

Thelinks throughout this Site will let you leave theGOSPELMUSIKCLOUD.com Site. These links are provided as a courtesyonly, and the sites they link to, are not under the control ofGOSPELMUSIKCLOUD.com in any manner whatsoever. Therefore,GOSPELMUSIKCLOUD.com is in no manner responsible for the Content ofany such linked site(s) or any link contained within a linked site,including any changes or updates to such site(s).GOSPELMUSIKCLOUD.com is providing these links merely as aconvenience, and the inclusion of any link does not in any way implyor express affiliation, endorsement or sponsorship byGOSPELMUSIKCLOUD.com of the site(s) and/or any of the contenttherein.

Youunderstand that all third party content, including, withoutlimitation all advertiser, marketer and other third party offers,data, links, articles, search results, graphic or video messages,audio files and all information, text, software, music, sound,graphics or other materials made available or accessible through theSites, Software, Materials and Service (collectively Content),whether publicly available or privately transmitted, is the sole andexclusive property of such third parties, each of whom assumescomplete responsibility for the Content they have created.GOSPELMUSIKCLOUD.com has and accepts no responsibility for and doesnot endorse or control such Content. This means that you, and notGOSPELMUSIKCLOUD.com, are entirely responsible for all Content thatyou upload, download, post, email, transmit or otherwise makeavailable via this Site, Software or the Services.GOSPELMUSIKCLOUD.com does not guarantee the accuracy, integrity orquality of such Content. You understand and agree that accessing andusing the Sites, Software, Materials and Services may expose you toContent that may be offensive, indecent or objectionable in yourcommunity. You agree to assume and accept all risks associated withthe use of any Content, including any reliance on the accuracy orcompleteness of such Content. You agree that you must evaluate, andbear all risks associated with, the use of any Content, including anyreliance on the accuracy, completeness, or usefulness of suchContent. You acknowledge that you may not rely on any Contentsubmitted to GOSPELMUSIKCLOUD.com including, through this Site or theServices. Under no circumstances will GOSPELMUSIKCLOUD.com or itslicensors be liable in any way for any Content, including, but notlimited to, any errors or omissions in any Content or any loss ordamage of any kind incurred as a result of the access and use of anyContent posted or transmitted via the Services by accessing and usingthe Services, you understand, acknowledge and agree that you may besubject to various risks, including, without limitation, the exposureof data you have downloaded or have offered to share, and that youassume and accept all such risks as solely your risks andresponsibility. In addition, all Content made available or accessedthrough the use of the Services is the property of the applicableContent owner and may be protected by applicable laws, includingwithout limitation, those relating to Intellectual Property Rights.

Notwithstandinganything to the contrary, you are strictly prohibited from:

Removingany proprietary notices from this Site, Services, the Materials andSoftware or any copies thereof;

Causing,permitting or authorizing the modification, creation of derivativeworks; translation, reverse engineering, decompiling or disassemblingof Software or media;

Selling,assigning, renting, leasing, acting as a service bureau, or grantingrights in Software or Services, including, without limitation,through sublicense, to any other entity without the prior writtenconsent of GOSPELMUSIKCLOUD.com;

Exportingor re-exporting Software or media in violation of applicable exportlaws;

Usingthis Site, Software or Services for any commercial purpose or thebenefit of any third party or any manner not permitted by the licensegrant;

Usingthe GOSPELMUSIKCLOUD.com Sites, Software, Materials or Services toaccess any content files accessible through the GOSPELMUSIKCLOUD.comSoftware without the permission of the publisher of the contentfiles;

Accessing,creating or modifying source code related to the Site, Software,Material, or Services in any way;

Usingthe GOSPELMUSIKCLOUD.com Sites, Materials or Services to, or in anyway that would, violate any applicable law, regulation or ordinance;

Usingthe GOSPELMUSIKCLOUD.com Sites, Software, Materials or Services todevelop, generate, transmit or store information that: (A) infringesany third party’s intellectual property or other proprietary right;(B) is defamatory or harmful; or (C) in any way obstructs orotherwise interferes with the normal performance of another person’suse of the GOSPELMUSIKCLOUD.com Software or Services.

Usingany unlicensed or unauthorized copies of the Materials and Software;

Collectingany information or communication about the users of the Sites,Materials, Services, Software by monitoring, interdicting orintercepting any process of or communication initiated by the Sites,Materials, Services, Software or by developing or using any softwareor any other process or method that engages or assists in engaging inany of the foregoing;

Attemptingto hack this Site, Services, Software or any communication initiatedby the this Site, Services, or Software or to defeat or overcome anyencryption and/or other technical protection methods implemented byGOSPELMUSIKCLOUD.com or its licensors with respect to this Site,Services, Software and/or data and/or content transmitted, processedor stored by GOSPELMUSIKCLOUD.com or other users of this Site,Services, Software; or

Takingany steps to interfere with or in any manner compromise any ofGOSPELMUSIKCLOUD.com ‘security measures.

GOSPELMUSIKCLOUD.commay be required to disclose information to individuals assertingrights under Zambian Law and similar laws, and you expresslyauthorize GOSPELMUSIKCLOUD.com to comply with any and all lawfulnotices, subpoenas, court orders or warrants without prior notice toyou. Except where GOSPELMUSIKCLOUD.com specifically requests orsolicits comments or submissions, GOSPELMUSIKCLOUD.com does notaccept or consider any creative ideas, suggestions, comments ormaterials (collectively Comments) from the public. If a Comment isreceived from you by GOSPELMUSIKCLOUD.com, you understand,acknowledge and agree that (a) it may be utilized byGOSPELMUSIKCLOUD.com free of any right, claim, title or ownershipinterest in the Comment(s), (b) you waive your right to assert anyownership right, claim, title and interest of any kind in theComment(s) (including, but not limited to unfair competition,Intellectual Property, moral and/or similar rights or impliedcontract), (c) you hereby grant GOSPELMUSIKCLOUD.com a nonexclusive,perpetual, irrevocable, worldwide license to the Comment(s) in everymedia and for every purpose now known or hereinafter discovered, and(d) you waive the right to receive any financial or otherconsideration or remuneration in connection with such Comment(s),including, but not limited to, attribution or other credit. Youcompletely release GOSPELMUSIKCLOUD.com (and its subsidiaries,GOSPELMUSIKCLOUD.com Providers, and affiliates and each of theirofficers, proprietors, agents, joint-ventures and employees) in allrespects from any claims, demands, actions, losses and otherperceived, actual, incidental, indirect, exemplary, special orconsequential damages of every kind and nature (collectively,Claims), known and unknown, suspected and unsuspected, disclosed andundisclosed, foreseeable and unforeseeable, arising out of, relatingto or in any way connected with your unsolicited submissions,including, without limitation, all Claims for theft of ideas orIntellectual Property Rights infringement by GOSPELMUSIKCLOUD.com.

 

Representationsand Warranties

Yourepresent, promise and warrant that:

Youpossess the legal right and ability to enter into this EUA and tocomply with its terms;

Youwill use this Site, Software, the Materials and Services for lawfulpurposes only and in accordance with this EUA, other applicablepolicies and/or agreements and all applicable laws, regulations andpolicies, including without limitation the Privacy Policy;

Youwill not attempt to decompile, reverse engineer or hack website, orthe Services or to defeat or overcome any encryption and/or digitalrights management technology implemented by GOSPELMUSIKCLOUD.com withrespect to this Site, Software, the Services and/or data transmitted,processed or stored by GOSPELMUSIKCLOUD.com, Software or theServices;

Youwill not attempt to tamper with, violate, breach, circumvent,disrupt, hack or in any manner compromise any security measuresemployed by GOSPELMUSIKCLOUD.com or GOSPELMUSIKCLOUD.com Providers toprotect the content and files distributed by GOSPELMUSIKCLOUD.com,including, but not limited to altering, duplicating, transferring,deleting, eliminating, manipulating or tampering with such files;

Youwill not take any steps to interfere with or in any manner compromiseany of GOSPELMUSIKCLOUD.com’s security measures, the securitymeasures of GOSPELMUSIKCLOUD.com’s Providers, administrators, orother providers.

 

Notificationof Copyright Infringement

GOSPELMUSIKCLOUD.comwill investigate notices of copyright infringement and takeappropriate actions. If you believe that your work has been used orcopied in a way that constitutes copyright infringement and suchinfringement is occurring on or through this Site, Software or theServices, please notify GOSPELMUSIKCLOUD.com’s Copyright Agent.

Anotification of claimed infringement must be a written communicationaddressed to the designated agent as set forth below (the Notice),and must include substantially all of the following: a physical orelectronic signature of the person authorized to act on behalf of theowner of the copyright interest that is alleged to have beeninfringed; a description of the copyrighted work or works that youclaim have been infringed (infringed work)and identification of whatmaterial in such work(s) is claimed to be infringing (infringingwork) and which you request to be removed or access to which is to bedisabled; a description of the exact name of the file on theGOSPELMUSIKCLOUD.com Software, the Services or this Site (and thelocation of the file, if it appears on this Site) that you claim isinfringing or if the infringed work appears on a site linked to fromthis Site, Software or Services, where the material that you claim isinfringing is located on such site; information sufficient to permitGOSPELMUSIKCLOUD.com to contact you, such as your physical address,telephone number, and email address; a statement by you that you havea good faith belief that the use of the material identified in yourNotice in the manner complained of is not authorized by the copyrightowner, its agent, or the law; a statement by you that the informationin your Notice is accurate and, under penalty of perjury that you arethe copyright owner or authorized to act on the copyright owner’sbehalf. To reach GOSPELMUSIKCLOUD.com’s Copyright Agent for Noticeof claims of copyright infringement, please email:[email protected] (Please note that this contactaddress is only for copyright infringement claims; you will notreceive a reply if the matter is not a copyright issue.) Thecopyright agent should only be contacted if you believe that yourwork has been used or copied in a way that constitutes copyrightinfringement and such infringement is occurring or through this Site,Software or Services. All other inquiries directed to the copyrightagent will not be responded to.

 

Indemnity

Youagree to indemnify, hold harmless and defend GOSPELMUSIKCLOUD.com,GOSPELMUSIKCLOUD.com’s Service Providers, their successors, theiraffiliates, and each of their subsidiaries, officers, proprietors,employees, advertising and promotions agencies, representatives oragents (collectively, Indemnified Parties), at your sole expense,against any and all claims, actions, proceedings, investigations, andlawsuits and all liabilities, damages, judgments, settlements,penalties, fines, losses, costs and expenses (including, withoutlimitation, reasonable attorneys’ fees and other dispute resolutionexpenses) incurred by any Indemnified Party arising out of orrelating to your (a) violation or breach of any term of this EUA orany policy or guidelines referenced herein, including withoutlimitation the Privacy Policy, or any applicable law, or (b) use ormisuse of this Site, Software, the Material and/or Services, (c) oryour infringement or the infringement by any other user through youraccount of any Intellectual Property Rights or other moral, privacy,publicity or similar rights of any person or entity.

 

Trademarks

Youmay not copy, display or use any of any trademark without priorwritten permission of the mark owner.

 

GoverningLaw

Anydispute, controversy or claim arising under, out of or relating tothe Service, the Site(s), the Materials, or this EULA, including,without limitation, its formation, validity, binding effect,interpretation, performance, breach or termination, as well asnon-contractual claims, shall be submitted to mediation in accordancewith the Zambian Law 2007. The place of mediation shall be the LusakaCourthouse, Lusaka and the Language of mediation shall be English.

Thefollowing provisions relating to service of process shall apply toany litigation matters that may arise under this Agreement, anymatter related thereto, or the enforcement of any arbitral or otheraward made pursuant to the terms hereof:

EachParty hereto irrevocably and unconditionally consents to service ofprocess upon it in any proceeding brought to obtain interiminjunctive relief or any proceeding brought to recognize and enforcean arbitral award hereunder, by mailing copies of any notice orpleadings thereof by registered international airmail, recognizedinternational courier, or international express mail, postageprepaid, return receipt requested, to it at its address specifiedherein. The foregoing shall not limit the right of either Party toserve process in any other manner permitted by applicable law andshall not limit the ability of either Party to bring any suchproceeding or to obtain execution of any judgment rendered in anysuch proceeding in any other jurisdiction in which the other Partyhereto or any of its property or assets may be found.

Youagree that regardless of any statute or law to the contrary, anyRequest for Arbitration, claim or cause of action arising out of orrelated to use of the Services, Materials, Sites or this EUA must befiled within one (1) year after such claim or cause of action aroseor be forever barred.

 

Miscellaneous

GOSPELMUSIKCLOUD.comreserves all rights not expressly granted herein.GOSPELMUSIKCLOUD.com may modify this EUA at any time for any reason,in its sole discretion, by posting the revised EUA on this Site. Youmay not assign any rights granted to you hereunder. Nothing in thisEUA shall constitute a partnership or joint venture between you andGOSPELMUSIKCLOUD.com. Should any term or provision hereof be deemedinvalid, void or unenforceable either in its entirety or in aparticular application, the remainder of this EUA shall nonethelessremain in full force and effect. The failure of GOSPELMUSIKCLOUD.comat any time or times to require performance of any provision hereofshall in no manner affect its right at a later time to enforce thesame unless the same is waived in writing. To the extent thatanything in or associated with the Site, Software and/or Services isin conflict or inconsistent with this EUA, this EUA shall takeprecedence. If any terms contained herein conflict with the termscontained in any offer or elsewhere on the Sites, these terms andconditions control. This EUA and all documents relating hereto havebeen drafted and will be interpreted in English. The rights andremedies granted to GOSPELMUSIKCLOUD.com under this EUA arecumulative and in addition to, not in lieu of, any other rights andremedies which GOSPELMUSIKCLOUD.com may possess at law or in equity.The terms set forth in this EUA and any agreements included orreferred to in this EUA constitute the final, complete and exclusiveagreement with respect to this Site, Software, Materials and Servicesand may not be contradicted, explained or supplemented by evidence ofany prior agreement, any contemporaneous oral agreement or anyconsistent additional terms. The owners of the Materials are intendedthird-party beneficiaries of this EUA and shall have the right toenforce it against you. Upon termination, cancellation, suspension orexpiration of this EUA for any reason, you agree to cease all accessand use of the Site, Software and Services.

Ifyou have any questions or concerns about this EUA or any issuesraised in this EUA or on this Site, please contact us via the ContactUs form at our Support Center.


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