TERMS AND CONDITIONS
Hello, and welcome to the Christian Music Hub Terms and Conditions of Use (“Terms”). The Terms you see below are important because they:
- Outline your legal rights on Christian Music Hub
- Explain the rights you give to us when you use Christian Music Hub
- Describe the rules everyone needs to follow when using Christian Music Hub
- Contain a class action waiver and an agreement on how to resolve any disputes that may arise by arbitration
Thanks for choosing Christian Music Hub (“Christian Music Hub,” “the hub,” we,” “us,” “our”). Christian Music Hub provides personalised services with social and interactive features for streaming music and other content as well as other products and services that may be developed from time to time. By signing up or otherwise using any of the hub’s services, including all associated features and functionalities, websites and user interfaces, as well as all content and software applications associated with our services (collectively, the “Christian Music Hub Service” or “Service”), or accessing any music, videos or other content or material that is made available through the Service (the “Content”) you are entering into a binding contract with the Christian Music Hub entity indicated in Section 25 (Contact Us).
Your agreement with us includes these Terms and any additional terms that you agree to, as discussed in the Entire Agreement section below, other than terms with any third parties (collectively, the “Agreements”). The Agreements include terms regarding future changes to
the Agreements, export controls, automatic renewals, limitations of liability, privacy, waiver of class actions, and resolution of disputes by arbitration instead of in court. If you wish to review the terms of the Agreements, the current effective version of the Agreements can be found on Christian Music Hub’s website. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use the Christian Music Hub Service or access any Content.
In order to use the Christian Music Hub Service and access any Content, you need to (1) meet the age requirements in the chart below, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) reside in a country where Service is available. You also promise that any registration information that you submit to Christian Music Hub is true, accurate, and complete, and you agree to keep it that way at all times.
- Changes to the Agreements
Occasionally we may make changes to the Agreements for valid reasons, such as improving the existing functions or features or adding new functions or features to the Service, implementing advancements in science and technology, and reasonable technical adjustments to the Service, ensuring the operability or the security of the Service, and for legal or regulatory reasons. When we make material changes to the Agreements, we’ll provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice or seeking your agreement within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate your account by contacting us. If you received a Trial or a Paid Subscription through a third party, you must cancel the applicable Paid Subscription through such third party.
- Enjoying Christian Music Hub
Here’s some information about all the ways you can enjoy Christian Music Hub.
- Service Options
You can find a description of our Service options on our website, and we will explain which Service options are available to you when you create a Christian Music Hub account. Certain options are provided to you free-of-charge. The Christian Music Hub Service that does not require payment is currently referred to as the “Free Service.” Other options require payment before you can access them (the “Paid Subscriptions”). We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services in conjunction with or through the Christian Music Hub Service. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered subscription plans and promotional offerings at any time in accordance with these Terms.
The Unlimited Service may not be available to all users. We will explain which services are available to you when you are signing up for the services. If you cancel your subscription to the Unlimited Service, or if your subscription to the Unlimited Service is interrupted (for example, if you change your payment details), you may not be able to re-subscribe for the Unlimited Service. Note that the Unlimited Service may be discontinued in the future, in which case you will no longer be charged for the Service.
If you have purchased or received a code, gift card, pre-paid offer or other offer provided or sold by or on behalf of Christian Music Hub for access to a Paid Subscription (“Code”), separate terms and conditions presented to you along with the Code may also apply to your access to the Service and you agree to comply with any such terms and conditions. You may also purchase access to a Paid Subscription through a third party. In such cases, separate terms and conditions with such third party in addition to the Agreements may apply to your access to the Service.
Note that Christian Music Hub does not engage in trial versions.
- Payments, cancellations, and cooling off
You may purchase a Paid Subscription directly from Christian Music Hub or through a third party either by (1) paying a subscription fee in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase; or (2) pre-payment giving you access to the Christian Music Hub Service for a specific time period (“Pre-Paid Period”).
Christian Music Hub may change the price for the Paid Subscriptions, including recurring subscription fees, the Pre-Paid Period (for periods not yet paid), or Codes, from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Christian Music Hub Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Paid Subscription prior to the price change going into effect.
If you purchase a Paid Subscription with no Trial, you authorize Christian Music Hub to charge you automatically each year until you cancel.
- Renewal; Cancellation
Unless your Paid Subscription has been purchased for a Pre-Paid Period, your payment to Christian Music Hub or the third party through which you purchased the Paid Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period by clicking here if you purchased the Paid Subscription through Christian Music Hub, or if you purchased the Paid Subscription through a third party, by canceling the Paid Subscription through such third party. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. If you purchased your Paid Subscription through Christian Music Hub and you cancel your payment or Paid Subscription and/or terminate any of the Agreements (1) after the Cooling-off Period is over (where applicable), or (2) before the end of the current subscription period, we will not refund any subscription fees already paid to us. If you wish to receive a full refund of all monies paid to Christian Music Hub before the Cooling-off Period is over, you must contact Customer Support. When we process any refund, we will refund amounts using the method you used for payment.
If you have purchased a Paid Subscription using a Code, your subscription will automatically terminate at the end of the period stated in the Code, or when there is an insufficient pre-paid balance to pay for the Service. If you have purchased your Paid Subscription through a third party, you must cancel directly with that third party.
- Using our service
The Christian Music Hub Service and the Content are the property of Christian Music Hub or the hub’s licensors. We grant you limited, non-exclusive, revocable permission to make use of the Christian Music Hub Service, and limited, non-exclusive, revocable permission to make personal, non-commercial use of the Content (collectively, “Access”). This Access shall remain in effect until and unless terminated by you or Christian Music Hub. You promise and agree that you are using the Christian Music Hub Service and Content for your own personal, non-commercial use and that you will not redistribute or transfer the Christian Music Hub Service or the Content.
The Christian Music Hub software applications and the Content are not sold or transferred to you, and Christian Music Hub and its licensors retain ownership of all copies of the Christian Music Hub software applications and Content even after installation on your personal computers, mobile handsets, tablets, wearable devices, speakers, and/or other devices (“Devices”).
All Christian Music Hub trademarks, service marks, trade names, logos, domain names, and any other features of the Christian Music Hub brand (“Christian Music Hub Brand Features”) are the sole property of Christian Music Hub or its licensors. The Agreements do not grant you any rights to use any Christian Music Hub Brand Features whether for commercial or non-commercial use.
You agree to abide by our User guidelines and not to use the Christian Music Hub Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in the Agreements, Christian Music Hub grants no right, title, or interest to you in the Christian Music Hub Service or Content.
Third party software (for example, open source software libraries) included in the Christian Music Hub Service are made available to you under the relevant third party software library’s license terms as published in the help or settings section of our desktop and mobile client and/or on our website.
- Third Party Applications and Devices
The Christian Music Hub Service is integrated with or may otherwise interact with third party applications, websites, and services (“Third Party Applications”) and third party Devices to make the Christian Music Hub Service available to you. These Third Party Applications and Devices may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications and Devices will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Christian Music Hub does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or Device or for any transaction you may enter into with the provider of any such Third Party Applications and Devices, nor does Christian Music Hub warrant the compatibility or continuing compatibility of the Third Party Applications and Devices with the Service.
- User-Generated Content
Christian Music Hub users may post, upload, or otherwise contribute content to the Service (which may include, for example, pictures, text, messages, information, playlist titles, descriptions and compilations, and/or other types of content) (“User Content”). For the avoidance of doubt, “User Content” includes any such content posted to the Christian Music Hub Support Community as well as any other part of the Christian Music Hub Service.
You promise that, with respect to any User Content you post on Christian Music Hub, (1) you own or have the right to post such User Content, and (2) such User Content, or its use by Christian Music Hub as contemplated by the Agreements, does not violate the Agreements or any other rights set forth within the User guidelines, applicable law, or the intellectual property, publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by Christian Music Hub or any artist, band, label, entity or individual without express written consent from Christian Music Hub or such individual or entity.
Christian Music Hub may, but has no obligation to, monitor, review, or edit User Content. In all cases, Christian Music Hub reserves the right to remove or disable access to any User Content for any or no reason, including User Content that, in Christian Music Hub’s sole discretion, violates the Agreements. Christian Music Hub may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
You are solely responsible for all User Content that you post. Christian Music Hub is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST CHRISTIAN MUSIC HUB RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD CHRISTIAN MUSIC HUB HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
- Rights you grant us
In consideration for the rights granted to you under the Agreements, you grant us the right to (1) allow the Christian Music Hub Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same. In any part of the Christian Music Hub Service, the Content you access, including its selection and placement, may be influenced by commercial considerations, including Christian Music Hub’s agreements with third parties. Some Content licensed by, provided to, created by or otherwise made available by Christian Music Hub (e.g. minus 1s, lyrics) may contain advertising as part of the Content. The Christian Music Hub Service makes such Content available to you unmodified.
If you provide feedback, ideas, or suggestions to Christian Music Hub in connection with the Christian Music Hub Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize Christian Music Hub to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.
You grant Christian Music Hub a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty (20) years), irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive and not enforce any “moral rights” or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
- User guidelines
Christian Music Hub respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Service, to make sure Christian Music Hub stays enjoyable for everyone. You must follow these rules and should encourage other users to do the same. The following is not permitted for any reason whatsoever:
- Copying, redistributing, reproducing, “ripping,” recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the Christian Music Hub Service or the Content, or otherwise making any use of the Christian Music Hub Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Christian Music Hub Service or the Content or any part of it;
- Using the Christian Music Hub Service to import or copy any local files that you do not have the legal right to import or copy in this way;
- Transferring copies of cached Content from an authorized Device to any other Device via any means;
- Reverse-engineering, decompiling, disassembling, modifying, or creating derivative works of the Christian Music Hub Service, Content or any part thereof except to the extent permitted by applicable law. [If applicable law allows you to decompile any part of the Christian Music Hub Service or the Content where required in order to obtain the information necessary to create an independent program that can be operated with the Christian Music Hub Service or with another program, the information you obtain from such activities (a) may only be used for the foregoing objective, (b) may not be disclosed or communicated without Christian Music Hub ’s prior written consent to any third party to whom it is not necessary to disclose or communicate in order to achieve that objective, and (c) may not be used to create any software or service that is substantially similar in its expression to any part of the Christian Music Hub Service or the Content];
- Circumventing any technology used by Christian Music Hub , its licensors, or any third party to protect the Content or the Service;
- Is intended to or does harass or bully other users;
- Impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
- Involves the transmission of unsolicited mass mailings or other forms of spam (“spam”), junk mail, chain letters, or similar;
- Involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by Christian Music Hub ;
- Links to, references, or otherwise promotes commercial products or services, except as expressly authorized by Christian Music Hub ;
- Interferes with or in any way disrupts the Christian Music Hub Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or Christian Music Hub ’s computer systems, network, usage rules, or any of Christian Music Hub ’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or
- Conflicts with the Agreements, as determined by Christian Music Hub .
You acknowledge and agree that posting any User Content that violates these User guidelines (or that Christian Music Hub reasonably believes violates these User guidelines) may result in immediate termination or suspension of your Christian Music Hub account. You also agree that Christian Music Hub may reclaim your username where it is reasonable for us to do so, including if you have violated the Agreements.
Please be thoughtful about how you use the Christian Music Hub Service and what you share. The Christian Music Hub Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public. Remember that shared or publicly available information may be used and re-shared by other users on Christian Music Hub or across the web, so please use Christian Music Hub carefully and be mindful of your account settings. Christian Music Hub has no responsibility for your choices to post material on the Service.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use (including any unauthorized use) of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by a third party, you must notify us immediately and change your password as soon as possible.
- Infringement and reporting User Content
Christian Music Hub respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights, see Christian Music Hub ’s copyright policy. If Christian Music Hub is notified by a copyright holder, using the forms provided by Christian Music Hub , that any Content infringes a copyright, Christian Music Hub may in its sole discretion remove such Content from the Service, or take other steps that Christian Music Hub deems appropriate, without prior notification to the user or other party who supplied or posted that Content. If such user or other party believes that the Content is not infringing, he or she may in certain circumstances submit a counter-notification to Christian Music Hub with a request to restore the removed content, which Christian Music Hub may or may not honor, in Christian Music Hub ’s sole discretion.
If you believe that any Content does not comply with the User guidelines, please fill out our notice form.
- Service limitations and modifications
Christian Music Hub will make reasonable efforts to keep the Christian Music Hub Service operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. Christian Music Hub reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Christian Music Hub Service, with advance notice where possible, all without liability to you, except where prohibited by law, for valid reasons such as in case of genuine interruption, modification, or discontinuation of the Christian Music Hub Service or any function or feature thereof, or need to repair, maintain or improve the existing functions or features, or to add new functions or features to the Service, or to implement advancements in science and technology or ensure the operability or the security of the Service, legal and regulatory reasons.
- Brand Accounts
If you establish a Christian Music Hub account on behalf of a company, organization, entity, or brand (a “Brand,” and such account a “Brand Account”), the terms “you” and “your,” as used throughout the Agreements, apply to both you and the Brand. If you create a Brand Account, you represent and warrant that you are authorized to grant all permissions and licenses provided in the Agreements and to bind the Brand to the Agreements.
A Brand may follow users, create, and share playlists, provided that the Brand does not take any action that implies an endorsement or commercial relationship between the Brand and the followed user, artist, songwriter, or any other person, unless the Brand has independently obtained the rights to imply such an endorsement. In addition, Brands must be transparent to our users about disclosing any endorsements or consideration provided to artists, songwriters, users, or any other party and must comply with all applicable laws, regulations, and codes of practice when engaging in the foregoing practices.
- Christian Music Hub Support Community
The Christian Music Hub Support Community is a place for discussions and exchange of information, tips, and other materials related to the Christian Music Hub Service. By using the Christian Music Hub Support Community you agree to the Community Terms.
- Customer support
For customer support with account-related and payment-related questions (“Customer Support Queries”), please submit a ticket to our Customer Service department using the Customer Service contact form on the About Us section of our website. We will use reasonable endeavours to respond to all Customer Support Queries within a reasonable time frame but we make no promises that any Customer Support Queries will be
responded to within any particular time frame and/or that we will be able to answer any such queries.
You can also send an email at email@example.com
- Export control
Christian Music Hub ’s products may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You warrant that you are (1) not located in any country to which the United States has embargoed goods or has otherwise applied any economic sanctions; and (2) not a denied party as specified in any applicable export or re-export laws or regulations or similar laws applicable in other jurisdictions.
You agree to comply with all applicable export and reexport control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Christian Music Hub under the Agreements to any destination, entity, or person prohibited by any applicable laws or regulations of the United States or any other jurisdiction without obtaining prior authorization from the competent government authorities as required by those laws and regulations.
- Term and termination
The Agreements will continue to apply to you until terminated by either you or Christian Music Hub . However, you acknowledge and agree that the perpetual license granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. Christian Music Hub may terminate the Agreements or suspend your access to the Christian Music Hub Service at any time, including in the event of your actual or suspected unauthorised use of the Christian Music Hub Service and/or Content, non-compliance with the Agreements, or if we withdraw Services and/or Content (in which case we shall provide you reasonable notice in advance of doing so). If you or Christian Music Hub terminate the Agreements, or if Christian Music Hub suspends your access to the Christian Music Hub Service, you agree that Christian Music Hub shall have no liability or responsibility to you, and Christian Music Hub will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. You may terminate the Agreements at any time. To learn how to terminate your Christian Music Hub account, please contact us through the Customer Service contact form which is available on our About Us page. This section will be enforced to the extent permissible by applicable law.
- Warranty disclaimer
YOU UNDERSTAND AND AGREE THAT THE CHRISTIAN MUSIC HUB SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. CHRISTIAN MUSIC HUB AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER CHRISTIAN MUSIC HUB NOR ANY OWNER OF CONTENT WARRANTS THAT THE CHRISTIAN MUSIC HUB SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, CHRISTIAN MUSIC HUB MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE CHRISTIAN MUSIC HUB SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND CHRISTIAN MUSIC HUB IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THE FOREGOING.
NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM CHRISTIAN MUSIC HUB SHALL CREATE ANY WARRANTY ON BEHALF OF CHRISTIAN MUSIC HUB . WHILE USING THE CHRISTIAN MUSIC HUB SERVICE, YOU MAY HAVE ACCESS TO EXPLICIT CONTENT FILTERING FEATURES, BUT USE OF THESE FEATURES MAY STILL RESULT IN SOME EXPLICIT CONTENT BEING SERVED AND YOU SHOULD NOT RELY ON SUCH FEATURES TO FILTER ALL EXPLICIT CONTENT.
WITHOUT LIMITING THE FOREGOING, NOTHING IN THIS SECTION SHALL HAVE THE EFFECT OF LIMITING CHRISTIAN MUSIC HUB ’S LIABILITY IN THE EVENT OF TOTAL OR PARTIAL NON-PERFORMANCE OR INADEQUATE PERFORMANCE OF ITS ESSENTIAL OBLIGATIONS FOR PROVIDING THE SERVICE UNDER THE AGREEMENTS. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE CHRISTIAN MUSIC HUB SERVICE IS TO UNINSTALL ANY CHRISTIAN MUSIC HUB SOFTWARE AND TO STOP USING THE CHRISTIAN MUSIC HUB SERVICE. YOU AGREE THAT CHRISTIAN MUSIC HUB HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE CHRISTIAN MUSIC HUB SERVICE, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO CHRISTIAN MUSIC HUB , FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.
IN NO EVENT WILL CHRISTIAN MUSIC HUB , ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR:
(1) ANY LOSS OR DAMAGE (INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY, DAMAGES) WHICH IS NOT FORESEEABLE. LOSS OR DAMAGE IS FORESEEABLE IF EITHER IT IS OBVIOUS THAT IT WILL HAPPEN OR IF, AT THE TIME THE CONTRACT WAS MADE, BOTH WE AND YOU KNEW IT MIGHT; (2) ANY: (A) LOSS OF USE; (B) LOSS OF DATA; (C) LOSS OF BUSINESS; (D) LOSS OF PROFITS; OR
(E) DAMAGE TO DEVICES, TO THE EXTENT YOU COULD HAVE AVOIDED SUCH DAMAGE BY FOLLOWING OUR ADVICE TO APPLY UPDATES TO THE SERVICES OR CONTENT OR IF SUCH DAMAGE IS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US,
IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE CHRISTIAN MUSIC HUB SERVICE, DEVICES, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER CHRISTIAN MUSIC HUB HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE;
(3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE CHRISTIAN MUSIC HUB SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO CHRISTIAN MUSIC HUB DURING THE PRIOR TWELVE MONTHS IN QUESTION; OR
(4) NON-PERFORMANCE OR INADEQUATE PERFORMANCE OR DELAY TO THE OBLIGATIONS DERIVING FROM THE AGREEMENTS CAUSED BY FORCE MAJEURE OR ANY CAUSE WHICH IS NOT REASONABLY FORESEEABLE OR BEYOND CHRISTIAN MUSIC HUB ’S REASONABLE CONTROL.
Nothing in the Agreements removes or limits Christian Music Hub ’s liability for fraud, fraudulent misrepresentation, death, or personal injury caused by its negligence, and, if required by applicable law, gross negligence.
THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU MAY HAVE RIGHTS UNDER APPLICABLE LAW IN YOUR JURISDICTION WHICH PROVIDES FOR REMEDIES IN ADDITION TO THOSE SET OUT ABOVE.
- Third party rights
You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and Christian Music Hub , and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.
If you have downloaded the App from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and Christian Music Hub only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Entire Agreement
Other than as stated in this section or as explicitly agreed upon in writing between you and Christian Music Hub , the Agreements constitute all the terms and conditions agreed upon between you and Christian Music Hub and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
Please note, however, that certain aspects of your use of the Christian Music Hub Service may be governed by additional agreements. That could include, for example, access to the Christian Music Hub Service as a result of a gift card, free or discounted Trials, or together with other services. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. Some of those additional terms are listed on Christian Music Hub ’s website. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.
- Severability, waiver, and interpretation
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by Christian Music Hub or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Christian Music Hub ’s or the applicable third party beneficiary’s right to do so.
As used in these Terms, the words “include” and “including,” and variations thereof, will be deemed to be followed by the words “without limitation.”
Christian Music Hub may assign the Agreements, and any of its rights under the Agreements, in whole or in part, and Christian Music Hub may delegate any of its obligations under the Agreements. You may not assign the Agreements, in whole or in part, nor transfer or sub-license your rights under the Agreements, to any third party.
You agree to indemnify and hold Christian Music Hub harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of the Agreements or any one of them; (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the Christian Music Hub Service; and (4) your violation of any law or the rights of a third party.
- Choice of law, mandatory arbitration and venue
- Governing Law / Jurisdiction
Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state or country listed below, without regard to choice or conflicts of law principles.
Further, you and Christian Music Hub agree to the jurisdiction of the courts listed below to resolve any dispute, claim, or controversy that arises in connection with the Agreements (and any non-contractual disputes/claims arising out of or in connection with them). (In some cases, that jurisdiction will be “exclusive”, meaning that no other countries’ courts can preside over the matter; have jurisdiction; in other cases, the jurisdiction is “non-exclusive”, meaning that other countries’ courts may have jurisdiction as well.
- CLASS ACTION WAIVER
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND CHRISTIAN MUSIC HUB AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Christian Music Hub agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
If you are located in, are based in, have offices in, or do business in a jurisdiction in which this Section 23.3. is enforceable, the following mandatory arbitration provisions apply to you:
- Dispute resolution and arbitration
You and Christian Music Hub agree that any dispute, claim, or controversy between you and Christian Music Hub arising in connection with or relating in any way to these Agreements or to your relationship with Christian Music Hub as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual arbitration. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements.
Notwithstanding clause 24.3.1 above, you and Christian Music Hub both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a small claims court ,(2) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (3) seek injunctive relief in a court of law, or (4) to file suit in a court of law to address intellectual property infringement claims.
- Arbitration rules
Either you or we may start arbitration proceedings. Any arbitration between you and Christian Music Hub will be finally settled under the Rules of Arbitration of the International Chamber of Commerce (the “ICC”) then in force (the “ICC Rules”) by one or more arbitrators appointed in accordance with the ICC Rules, as modified by these Agreements, and will be administered by the International Court of Arbitration of the ICC.
Any arbitration will be conducted in the English language and unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the law to be applied in any arbitration shall be the law of [the relevant state or country listed in clause 24.1], without regard to choice or conflicts of law principles.
- Time for filing
Any arbitration must be commenced by filing a demand for arbitration within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
- Notice; Process
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). Christian Music Hub ‘s address for Notice is: [Christian Music Hub , Attn: General Counsel, 335 Mile Long Bldg., Amorsolo St., Makati City, 1229 Philippines]. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Christian Music Hub may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Christian Music Hub shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, Christian Music Hub shall pay you (1) the amount awarded by the arbitrator, if any, (2) the last written settlement amount offered by Christian Music Hub in settlement of the dispute prior to the arbitrator’s award; or (3) PhP 10,000.00, whichever is greater. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law. Except as required to enforce the arbitrator’s decision and award, neither you nor Christian Music Hub shall make any public announcement or public comment or originate any publicity concerning the arbitration, including, but not limited to, the fact that the parties are in dispute, the existence of the arbitration, or any decision or award of the arbitrator.
In the event that Christian Music Hub makes any future change to this arbitration provision (other than a change to Christian Music Hub ‘s address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Christian Music Hub ‘s address for Notice, in which case your account with Christian Music Hub shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, shall survive.
If the class action waiver at Section 23.2 is found to be unenforceable in arbitration or if any part of this Section 23.3 is found to be invalid or unenforceable, then the entirety of this Section 23.3 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 23.1 shall govern any action arising out of or related to the Agreements.
25 Contact us
If you have any questions concerning the Christian Music Hub Service or the Agreements, please contact Christian Music Hub Customer Service by visiting the About Us section of our website.
Thank you for reading our Terms. We hope you enjoy Christian Music Hub !
UCAP Network OPC
335 Mile Long Bldg.,
Amorsolo St., Makati City