Terms of Use | OCP Worship

Website Terms and Conditions of Use

These Terms and Conditions of Use (these “Terms") is a legal agreement between you and Oregon Catholic Press (hereinafter referred to as "Website Owner"), the owner and developer of the OCP Worship Digital Music Library (the “Website”). By using the Website and/or registering for any service provided on the Website you become a client ("Client") and you agree to be bound by all of the terms (the "Terms") set forth in this Agreement as long as you remain a Client. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT USE AND/OR REGISTER FOR ANY SERVICE PROVIDED BY THE WEBSITE. The Terms are subject to change at any time, effective upon notice to you.

BY CLICKING THE "I AGREE" BUTTON BELOW, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. THE MOST CURRENT VERSION OF THE TERMS, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO https://www.ocpworshipdml.com/terms. WEBSITE OWNER RESERVES THE RIGHT TO CHANGE THE TERMS AT ANY TIME AND WITHOUT NOTICE TO YOU.

1. Applicability of Terms and Conditions. These Terms shall apply to your use of the Website and any purchase of products and related services through the Website. These Terms are subject to change at any time without prior written notice by Oregon Catholic Press (referred to herein as either “Company,” “we,” “us,” or “our”). The most recent version of these Terms shall be posted for your review at any time on the Site. Please review these Terms in their entirety prior to engaging in any transaction on the Website. Your continued use of the Website after any posting of updated Terms (which shall be dated as of their most recent update) shall constitute your acceptance of and agreement to any changes therein made.

2. Subscription Orders. When placing an order on the Website, you are effectively offering to purchase whatever products and services you select. We reserve the right to accept or reject any order in our own discretion. We will only accept or reject an order in its entirety. Should we elect to accept your offer, you will receive a confirming email at the email address that you provide at such time. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion. Additionally, you have the option of cancelling your order (in its entirety only) at any time prior to our having sent to you the confirming email referenced herein.

3. Subscription Terms. To access the Site’s subscription services, you will pay a non-refundable yearly fee as set forth alongside the related subscription plan. Your subscription will start once we receive your payment and deliver to you a confirming email at the email address you provide at such time. Your subscription will run for twelve (12) calendar months from the start date, and will automatically renew at the end of the twelve (12) month subscription term unless any promotions may apply or you have opted out of auto-renewal. You may disable any auto-renewals by accessing your My Subscriptions page. If you cancel your subscription before the end of the twelve (12) month period, you will still have access to the Website until the full subscription term is over, but your account will not renew for another year. Only the subscribing user may access the services. You may not share your login credentials with anyone or exceed the total number of designated users per subscription purchase.

4. Payment Terms. Payment for any subscription, services, or products is due at the time of purchase. We do not accept “bill-to” or installment payment plans. All applicable prices are set forth alongside the goods and services offered on the Website. They may differ from the prices offered elsewhere (online or offline) by us for the same goods and/or services. Such prices are subject to change at any time by us in our sole discretion. Additionally, to the extent that we offer a promotion in connection with any particular item, the terms of such offer shall be set forth in a separate document that shall govern its applicability (and, in the event of a conflict herewith, be considered the governing document). You will be responsible for the prices stated at the time of your transaction, as well as any sales, use, excise, and related taxes. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider (i.e., PayPal). By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.

5. Returns. Sales on all subscription plans are final and non-refundable.

6. Ownership, Copyrights, Trademarks, Licenses. The Website and Company own and retain all proprietary rights to the Website service, its trademarks and copyrights. Unless specifically authorized by this section, you are not authorized to reproduce, transmit or distribute the proprietary information of the Site and Website Owner. You may share the purchased and downloaded content only with those personnel directly supporting, facilitating, or participating as performers the musical performance of the purchased and downloaded content and only when at least one (1) of five (5) designated users physically present. Shared content may not be performed outside of direct collaboration with five (5) designated users. For the avoidance of doubt, this service does not grant you any license or permission to reprint, publish, or otherwise display the musical works purchased or downloaded on the Website for congregational use during any religious services nor any commercial licenses. To obtain a license for congregational use, please visit OneLicense.net.

7. Termination. We reserve the right to terminate your subscription at any time for any reason. If we terminate your subscription and/or your membership, we will notify you via the email you provided at the time or registration and/or purchase.

8. Representations & Warranties (R&Ws); Disclaimers; Limitations on Liability.

a. Buyer’s R&Ws. You represent and warrant to us as follows: (i) that you have the right to enter any transaction contemplated for hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that you will use the goods and services provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; and (iii) that you are buying goods or services from the Site for solely your own use, and not for resale or export.

b. Manufacturer’s Warranty and Company’s Disclaimers. Subject to applicable law, we are providing the goods and services to you “as is” without express or implied warranties of any kind (including without limitation any: (i) warranty of merchantability; (ii) warranty of fitness for a particular purpose; (iii) warranty of title; or (iv) warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage or trade, or otherwise).

c. Liability Cap. UNDER NO CIRCUMSTANCES WILL COMPANY’S OBLIGATION OR LIABILITY UNDER THIS AGREEMENT EXCEED THE PURCHASE PRICE YOU PAID ON THE SITE FOR ANY GOODS OR SERVICES. ADDITIONALLY, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, REPUTATION, OR REVENUE, AND/OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND.

9. Limitations of Liability and Indemnification. By using any services provided by the Website, you agree that in no event will the Website, Website Owner, its and their officers, employees, agents, affiliates, licensees and web hosting services be liable for any direct or indirect, incidental, special or consequential damages as a result of your accessing the website and using any of the services available. Your sole remedy for any breach or default of this Agreement by the Website or Website Owner shall be a return of any fees paid to the Website or Website Owner for any services provided under this Agreement. You indemnify and agree to defend and hold harmless OCP, Website Owner, its and their officers, employees, agents, affiliates, licensees and web hosting services and third parties for any losses, costs, liabilities and expenses (including but not limited to court costs, legal fees, awards or settlements) relating to or arising out of your use of the Website, including any breach by you of the Terms contained in this Agreement.

10. Responsibility for Use of Website. You agree not to use the Website nor the services or products provided therein for any illegal purpose including but not limited to any use that violates any intellectual property right, owner, administered, or otherwise controlled by the Website Owner, its and their officers, employees, agents, affiliates, licensees and web hosting services. You further agree not to use the Website nor the services or products therein to denigrate or degrade the Website, the Website Owner, its and their officers, employees, agents, affiliates, and licensees. You are responsible for maintaining the confidentiality and security of your online account including but not limited to your login information.

11. Do Not Rely on the Website. Opinions, advice, statements or other comments should not necessarily be relied upon and are not to be construed as professional advice from the Website or Website Owner. The Website and Website Owner do not guarantee the accuracy or completeness of any of the information provided, and are not responsible for any loss resulting from your reliance on such information.

12. Ownership, Copyrights, Trademarks, Licenses. The Website and Website Owner own and retain all proprietary rights to the Website service, its trademarks and copyrights. You are not authorized to reproduce, transmit or distribute the proprietary information of the Website and Website Owner.

13. Third-Party Beneficiaries. These Terms are for your sole benefit and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.

14. Force Majeure. Company shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, and/or delivery, vendor, supplier, or other third party delays, non-performance, or failures of any kind.

15. Assignment. Company may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.

16. Jurisdiction. This Agreement or any dispute arising from this Agreement is governed by the laws of Oregon without regard to provisions of conflicts of law. Any lawsuit arising from or related to this Agreement shall be brought exclusively before the United States District Court for the State of Oregon, and you hereby consent to the jurisdiction of any such court.

17. Severability. If any provision is found to be invalid, the remaining provisions will be in full force and effect.

18. Certification. You certify that you are at least 18 years of age and that your answers to the registration materials on the Website will be truthful. Your name, address and e-mail address are kept confidential.

19. Entire Agreement. This Privacy Policy and Website Terms of Use, which can be found at the following addresses respectively: https://www.ocpworshipdml.com/privacy and https://www.ocpworshipdml.com/terms. The Privacy Policy governs our processing of all personal information that we may collect from any person through the use of our Site. The Website Terms of Use governs your use of our Site in general.

20. Waiver. The failure of Website or Website Owner to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Website or Website Owner must be in writing and signed by an authorized representative of the Website Owner.