PLEASE READ THESE GENERAL TERMS AND CONDITIONS OF USE (“TERMS AND CONDITIONS”) CAREFULLY BEFORE USING THE TWOTP PRODUCTS AND SERVICES AND/OR WWW.THEWORKOFTHEPEOPLE.COM. BY USING THE TWOTP PRODUCTS AND SERVICES AND/OR WWW.THEWORKOFTHEPEOPLE.COM, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE WWW.THEWORKOFTHEPEOPLE.COM OR PURCHASE OR USE TWOTP PRODUCTS AND SERVICES.
These Terms and Conditions apply to the The Work Of The People website located at www.theworkofthepeople.com. TWOTP is the property of The Work Of The People, LLC, a Texas limited liability company. Within this Agreement, "The Work Of The People, “TWOTP”, "we", "our" and "us" refers to The Work Of The People, "you" and "your" refers to you individually as well as, if applicable, the customer, ministry, church and/or organization of which you are an authorized representative of with respect to this Agreement.
TWOTP reserves the right to change, add or remove portions of these Terms and Conditions at any time and at its sole discretion. Your continued use of the TWOTP Products and Services following the posting of any changes means that you accept and agree to such changes. It is your responsibility to check these Terms and Conditions periodically for changes. As long as you comply with these Terms and Conditions, TWOTP grants you a personal, non-transferable, non-exclusive, limited privilege to enter and use the TWOTP Products and Services, and provided the appropriate license or membership fees have been paid by you for such TWOTP Products and Services.
Your use of the TWOTP Products and Services includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, CONTRACTS, APPLICATIONS AND POLICIES.
You agree that all TWOTP Products and Services, along with all text, graphics, photographs, images, animation, video or film, video or file segments, and/or other audio and/or audio-visual material any format as well as the trademarks, logos, music, sounds, user interfaces, visual interfaces, artwork, computer code and all other related content (collectively, the “Content”), including but not limited to the design, selection, structure, coordination, expression, the “look and feel” and arrangement of such Content, contained on www.theworkofthepeople.com and/or downloaded, streamed and/or otherwise generated from any TWOTP website in conjunction with you entering into this Agreement with TWOTP is owned, controlled or licensed by or to TWOTP and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Any reproduction, publication, further distribution or public exhibition of materials provided through the TWOTP Products and Services, in whole or in part, is strictly prohibited. Except as expressly provided in these Terms and Conditions, no part of the TWOTP Products and Services and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, distributed or transmitted in any way (including “mirroring”) to any other computer, server, network or other medium for publication or distribution or for any commercial enterprise, without the express prior written consent of TWOTP.
Notwithstanding any other provision of this Agreement, TWOTP and its licensors reserve the right to change, remove, suspend or disable access to any products and/or services, Content or other materials comprising a part of the TWOTP Products and Services at any time without notice. TWOTP will not be liable for the removal of or disabling of access to any such products, Content or materials under this Agreement, in any event. TWOTP may also impose limits on the use of or access to certain features or portions of the TWOTP Products and Services without notice or liability in any case.
The Work Of The People, and any other TWOTP’s trademarks, service marks, logos and graphics used in connection with the TWOTP Products and Services are trade/service marks or registered trade/service marks of TWOTP. Other trademarks, service marks, graphics and logos used in connection with the TWOTP Products and Services may be the trademarks of their respective owners. You are granted no right or license with respect to any of the trademarks mentioned above and any use of such trademarks.
All copyrights in and to the TWOTP Products and Services, includingbut not limited to The Work Of The People and the digital media store(s) (including the compilation of content, postings, links to other Internet resources and descriptions of those resources) and www.theworkofthepeople.com are owned by The Work Of The People, LLC. and/or its licensors.
THE USE OF THE OR ANY PART OF TWOTP PRODUCTS AND SERVICES, EXCEPT FOR USE OF THE TWOTP PRODUCTS AND SERVICES AS PERMITTED IN THESE TERMS AND CONDITIONS, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
TWOTP’s policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity. If TWOTP removes or disables access to comply with the Digital Millennium Copyright Act, we will make a good-faith attempt to contact the owner or administrator of the affected site(s) in order that they may make a counter notification pursuant to Sections 512(g) of that Act. We will document all notices of alleged infringement on which we act. A copy of the notice will be sent to a third party who will make it available to the public.
You must provide a written communication, which may be sent via fax or regular mail (but not by email) that sets forth the items specified below. Please note that you may be liable for damages, including costs and attorneys' fees, if you materially misrepresent that a product or activity is infringing your copyrights. If you are unsure as to whether certain material of yours is protected by copyright laws, we suggest that you contact an attorney prior to submitting a request.
Please use the following format in preparing and submitting your written notification:
If your materials have been taken down from www.theworkofthepeople.com, you may make a counter notification pursuant to Section 512(g) of the Digital Millennium Copyright Act. When we receive a counter notification that is in accordance with Section 512(g) of the Act, we will reinstate the material in question. You must provide a written communication, which may be sent via fax or regular mail (but not by email) that sets forth the items specified below to make a counter notification.
Please use the following format in preparing and submitting your written counter notification:
TWOTP websites and TWOTP Products and Services may contain links to other independent third-party websites (“Linked Websites”). These Linked Websites are provided solely as a convenience to our visitors. Such Linked Websites are not under the control of TWOTP, and TWOTP is not responsible for and does not endorse the content of such Linked Websites, including any information or materials contained on such Linked Websites. TWOTP does not have any responsibility or liability for any information, data, communications or materials available on such thirdparty sites. These linked sites are only for your convenience and you therefore access them at your own risk.
TWOTP accepts Visa and MasterCard, American Express, or Discover, in U.S. funds drawn on U.S. banks for digital media purchases. When placing your membership order, the digital media store will obtain a preapproval from the holder of your credit card for the amount of your purchase. That amount will be billed to your credit card at the time of purchase. If a purchase is declined, please review your billing information to make sure it is correct and then resubmit.
You agree to pay for the Membership Services you purchase through the www.theworkofthepeople.com and that TWOTP may charge your credit card for any membership you purchase, and for any additional amamounts as may be accrued by or in connection with your user account (including any taxes and late fees, as applicable). YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING PASSALONG WITH A VALID CREDIT CARD FOR PAYMENT OF ALL FEES.
All fees will be billed to the credit card that you designate during the registration process. If you want to designate a different credit card, or if there is a change in your credit card, you must change your payment account information online at the “My Account” user account information section of the www.theworkofthepeople.com.
Occasionally, technical problems may delay or prevent delivery of the product you purchase. Your exclusive and sole remedy with respect to such product, which is not delivered within a reasonable period of time, as determined by TWOTP in its sole discretion, will be either replacement of such product or refund of the purchase price paid for such product.
Registered users must be 18 years or older to use the entire range of services available at www.theworkofthepeople.com. Any personal information submitted by children under the age of 13 will not be knowingly retained by The Work Of the People.
To enable theTWOTP shopping cart application, you must set your web browser to allow cookies. Failure to do so will adversely impact your shopping experience.
You must have a valid email address to purchase TWOTP Products and Services and/or become a registered user of TWOTP Products and Services.
For some functions of the TWOTP Products you will be required to be online at the time you attempt the function (i.e. downloading purchased media).
This is a license, not a sale. We continue to own the intellectual property rights in the Content. The Content is provided under the terms of the following license agreement ("Agreement") that states what you may and may not do with the Content and contains limitations on warranties and remedies.
For most digital media purchased from the www.theworkofthepeople.com, you will be licensed to perform the following functions:
Without waiving the forgoing, this license does not grant you the right to:
TWOTP reserves the right to change or modify the Content Usage Rules at any time without further notice. Media purchased prior to any such change, however, will maintain the usage permissions that were in effect at the time of such music’s purchase. Furthermore, TWOTP may, from time to time, remove Content and/or TWOTP Products and Services from the www.theworkofthepeople.com without notice.
Any burning or exporting capabilities of the download are solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in the digital media download.
Any use of the sound recording and underlying musical composition embodied in a digital media download, other than as permitted above, is a violation of the copyright in such sound recording and/or underlying musical composition, as applicable, under applicable laws and is prohibited.
You may not reproduce (outside of the terms of the licensing agreement outlined above) any of the products, services or software purchased from or associated with the www.theworkofthepeople.com. While you have purchased a license to use the digital media download (according to the licensing agreement outlined above), you do not have any commercial or promotional rights to that media. The delivery of TWOTP Products and Services does not transfer to you any commercial or promotional use rights in the digital media products. By using the TWOTP Products and Services and downloading the TWOTP Products and Services digital media file(s), you agree not to attempt to modify, disable or misuse the media or assist or encourage any other party in doing so.
In the event that you are entering this Agreement as an authorized representative of your church, ministry, organization or entity, then you and such entity acknowledge and agree to be jointly and severally bound to the license granted herein and the restrictions and limitations detailed herein regardless of your future employment with such entity. The digital media store sells only to end users and rights cannot be transferred.
You agree that your purchase of digital media products through the www.theworkofthepeople.com constitutes your acceptance of and agreement to use such products solely in accordance with the Content Usage Rules.
Further,any other use of such products may constitute a copyright infringement. The Content Usage Rules govern your rights with respect to such TWOTP Products and Services. If you do not accept or agree with these terms do not download the Content.
Provided you are not in breach of this Agreement, this Agreement is effective until it is terminated. You can terminate this Agreement by destroying the Content along with any copies or archives of it or accompanying materials (if applicable), and ceasing to use the Content for any purpose. The Agreement also terminates if at any time you fail to comply with the terms of this Agreement. Upon termination of this Agreement, you hereby agree to destroy all copies and archives of the Content to cease using the Content for any purpose, and to confirm to IM in writing that you have complied with these requirements. Notwithstanding anything herein to the contrary, TWOTP reserves the right to terminate this Agreement immediately, without any further obligation to you, in the event you violate the Content Usage Rules herein.
Notwithstanding the foregoing, termination of this Agreement does not relieve you of your responsibilities to pay any amounts due to IM under this Agreement or your obligations to not use the Content other than in the manner permitted under this Agreement.
LIMITED REPRESENTATIONS AND WARRANTIES THE CONTENT AND ACCOMPANYING MATERIALS (IF APPLICABLE) ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. TWOTP DOES NOT REPRESENT OR WARRANT THAT THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT IS WITH YOU. SHOULD THE CONTENT PROVE DEFECTIVE, YOU (AND NOT TWOTP) ASSUME THE ENTIRE COST OF ALL NECESSARY CORRECTIONS.
Certain jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You have specific rights under this warranty, but you may have others, which vary from jurisdiction to jurisdiction.
TWOTP's entire liability and your exclusive remedy, with respect to any claims arising out of your use of the Content or accompanying material (if applicable), or out of your actions in downloading the Content, shall be as follows:
IN NO EVENT SHALL, TWOTP, ITS AFFILIATES, ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGESWHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE CONTENT, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT, THE LICENSE PROVIDED HEREUNDER, OR THE USE OR EXPLOITATION OF ANY OR ALL OF THE CONTENT IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO THE FEE(S) ACTUALLY PAID BY YOU TO IM UNDER THIS AGREEMENT IN RESPECT OF THE USE OF THE CONTENT.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You warrant and represent that you are free to enter into this Agreement, and in the event you are entering this Agreement on behalf of a church, ministry and/or other organization, that you have the right to enter into this Agreement on behalf of such church, ministry and/or other organization and the authority to bind said church, ministry and/or other organization hereto.
You agree to indemnify and hold TWOTP harmless against all claims or liability asserted against TWOTP arising out of or in connection with any breach by you or anyone acting on your behalf of any of the terms of this Agreement.
If any provision or part thereof of this Agreement is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof. You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to you, or of your use of the Content, pursuant to this Agreement.
This Agreement will be governed under the laws of the State of Texas and the federal laws of the United States of America applicable therein (without reference to conflicts of laws principles). You consent to service of any required notice or process upon you by registered mail or overnight courier with proof of delivery notice, addressed to the address or contact information provided by you at the time the Content was downloaded, or such other address as you may advise us in writing to use, from time to time.
Anyand all disputes arising out of, under or in connection with this Agreement, including without limitation, its validity, interpretation, performance and breach, shall be submitted to arbitration in Houston, Harris County, Texas.
If TWOTP is obligated to go to court, rather than arbitration, to enforce any of its rights, or to collect any fees, you agree to reimburse TWOTP for its legal fees, costs and disbursements if TWOTP is successful.
Upon registration, you agree to provide current, accurate and complete information required to register with the www.theworkofthepeople.com and at other points as may be required in the course of using the www.theworkofthepeople.com ("Registration Data"). Further, you agree to maintain and update your Registration Data as required to keep it current, accurate and complete. TWOTP may terminate your rights to any part of www.theworkofthepeople.com and/or TWOTP Products and Services if any information you provide is false, incomplete or inaccurate. You agree that TWOTP may store and use the Registration Data you provide (including credit card information) for use in maintaining your accounts and billing fees to your credit card.
As a registered user of the www.theworkofthepeople.com, you may receive or establish a user account (“User Account”). You are solely responsible for maintaining the confidentiality and security of your User Account. You are entirely responsible for all activities that occur on or through your User Account, and you agree to immediately notify TWOTP of any unauthorized use of your User Account or any other breach of security. You should not reveal your User Account information to anyone else or use anyone else’s User Account. TWOTP shall not be responsible for any losses arising out of the unauthorized use of your User Account.
Failure to abide by these Terms and Conditions is a material breach of this agreement for which TWOTP may pursue all rights and remedies it has pursuant to this agreement, and any other rights and remedies it may have at law or in equity. You agree that TWOTP may, in its sole discretion and without prior notice, terminate your access to the Content and/or to www.theworkofthepeople.com and/or block your future access to the TWOTP Products and Services if we determine that you have violated these Terms and Conditions or other agreements or guidelines which may be associated with your use of the Content and/or www.theworkofthepeople.com.
You also agree that any violation by you of these Terms and Conditions will constitute an unlawful and unfair business practice and will cause irreparable harm to TWOTP, for which monetary damages would be inadequate, and you consent to TWOTP obtaining any injunctive or equitable relief that TWOTP deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies TWOTP may have at law or in equity. You agree that TWOTP may, in its sole discretion and without prior notice, terminate your access to the Content and/or www.theworkofthepeople.com, for cause, which includes but is not limited to (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of www.theworkofthepeople.com or any service offered on or through the www.theworkofthepeople.com, or (4) unexpected technical issues or problems.
TWOTP reserves the right to takes the steps that TWOTP believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms and Conditions (including but not limited to TWOTP’s right to cooperate with any legal process relating to your use of the www.theworkofthepeople.com, the Content, and/or TWOTP Products and Services, and/or a third-party claim that your use of the Content, www.theworkofthepeople.com, and/or TWOTP Products and Services is unlawful and/or infringes such third party’s rights).
TWOTP reserves the right at all times to disclose any information that TWOTP deems necessary to comply with any applicable law, regulation, legal process or governmental request. TWOTP also may disclose your information when TWOTP determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. TWOTP may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Content, www.theworkofthepeople.com, and/or TWOTP Products and Services, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) to the rights or property of TWOTP, or the rights or property of visitors to or users of the Content, www.theworkofthepeople.com, and/or TWOTP Products and Services, including the customers of TWOTP.
You acknowledge and agree that TWOTP may preserve any transmittal or communication by you with TWOTP through www.theworkofthepeople.com and may also disclose such data if required to do so by law or TWOTP determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms and Conditions, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of TWOTP, its employees, users of or visitors to the www.theworkofthepeople.com, and the public. If TWOTP does take any legal action against you as a result of your violation of these Terms and Conditions, TWOTP will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to TWOTP. You agree that TWOTP will not be liable to you or to any third party for termination of your access to the Content, www.theworkofthepeople.com and/or TWOTP Products and Services as a result of any violation of these Terms and Conditions.
You may not assign or transfer to anyone else the rights granted to you in this Agreement, without our prior written consent. The Work Of The People and/or TWOTP and/or its affiliates may assign or transfer this Agreement freely.
These Terms and Conditions constitute the entire agreement between you and TWOTP with regard to your use of the Content, www.theworkofthepeople.com, and/or TWOTP Products and Services, and any and all other written or oral agreements or understandings previously existing between you and TWOTP with respect to such use are hereby superseded and cancelled. If any of the provisions of these Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms and Conditions, so that these Terms and Conditions shall remain in full force and effect. TWOTP will not accept any counter-offers to these Terms and Conditions, and all such offers are hereby categorically rejected.
The failure of TWOTP to insist on or enforce strict performance of these Terms and Conditions shall not be construed as a waiver by TWOTP of any provision or any right it has to enforce these Terms and Conditions, nor shall any course of conduct between TWOTP and you or any other party be deemed to modify any provision of these Terms and Conditions. These Terms and Conditions shall not be interpreted or construed to confer any rights or remedies on any third parties.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND TWOTP, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND TWOTP RELATING TO THE SUBJECT OF THIS AGREEMENT. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
Last Revised April 25, 2013
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