Terms of Service for Gospel Swap

1. Acceptance of Terms of Service and Amendments.
Each time you use or cause access to this web site, you agree to be bound by these Terms of Service, and as amended from time to time with or without notice to you. In addition, if you are using a particular service on or through this web site, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Terms of Service.

2. Privacy Policy.

(a) We take your right to privacy seriously and want you to feel comfortable using our web site. This Privacy Policy deals with personally identifiable information (referred to as "Data" below) that may be collected by us on our site. This Policy does not apply to other entities that we do not own or control or persons that are not our employees, agents or within our control.
(b) Our registration process requires certain Data, with which we are able to confirm and protect your identity and also to ensure the integrity of the materials posted on this web site.
(c) We may use Data to customize and improve your user experience on this site. We will make efforts so that your Data will not be provided to third parties unless (i) provided for otherwise in this Privacy Policy; (ii) we obtain your consent, such as when you choose to opt-in or opt-out to the sharing of Data; (iii) a service provided on our site requires the interaction with or is provided by a third party, by way of example PayPal, or other payment processing provider; (iv) pursuant to legal process or law enforcement; (v) we find that your use of this site violates our this Policy, Terms of Service, other usage guidelines or as deemed reasonably necessary by us to protect our legal rights and/or property; or (vi) this site is purchased by a third party hereby that third party will be able to use the Data in the same manner as we can as set forth in this Policy. In the event you choose to use links that appear on our site to visit other web sites, you are advised to read the privacy policies that appear on those sites.
(d) We may make changes to this Policy from time to time. We will notify you of substantial changes to this Policy either by posting a prominent announcement on our site and/or by sending a message to the e-mail address you have provided to us that is contained within your user settings.
(e) While this Privacy Policy states our standards for maintenance of Data and we will make efforts to meet them, we are not in a position to guarantee these standards. There may be factors beyond our control that may result in disclosure of data. As a consequence, we disclaim any warranties or representations relating to maintenance or nondisclosure of Data.

3. Your Responsibilities and Registration Obligations.
In order to use this web site, you must register on our site, agree to provide truthful information when requested, and be at least the age of thirteen (13) or older. When registering, you explicitly agree to our Terms of Service and as may be modified by us from time to time and available here.

4. Registration and Password.
You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password.

5. Your Conduct.
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("Content"), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. You agree that our web site may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this web site nor for any error or omission. You explicitly agree, in using this web site or any service provided, that you shall not:

(a) provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
(b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
(c) collect or harvest any data about other users;
(d) provide or use this web site and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
(e) provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.

6. Our Service.
Our web site and services provided to you on and through our web site on an "AS IS" basis. You agree that the owners of this web site exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this web site and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.

7. Online Distribution Services.
Clips & Downloads:
We seek to promote the independent Gospel artist by providing services to help them promote and sell their product online. The main service we offer is online sale of audio tracks via the Gospel Swap Web Site. Members and non-members will be able to listen to clips. Members will be allowed to purchase downloads of the full audio tracks as they choose.

Uploads: (artists only)
Artists may upload WMA and MP3 audio tracks at no additional cost, once they have paid the $35 signup fee. Gospel Swap, or designated representative, will listen to the tracks for appropriate quality and content, and release the ones we verify as appropriate to the Gospel Swap web site for visitors to browse and purchase. Additional services may be added as we identify the needs and position ourselves to fill them. NOTE: All fees and pricing are subject to change without notice.

8. Submission of Content on this Web Site. (artists only)
By providing any Content to our web site:

(a) you agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology known or later developed;
(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth in this Section 8;
(c) you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any Content you provide at any time and for any reason, with or without notice;
(d) you grant us the right to promote, sell, distribute, and electronically fulfill and deliver the Content provided, as individual tracks or entire albums, and associated metadata to purchasers who may use such Content
(e) you grant us the right to display and electronically fulfill and deliver Artwork for personal use solely in conjunction with the applicable purchased recording;
(f) you agree that we may use the names and likenesses of, and biographical material concerning, any Content you provide in any marketing materials for the sale, promotion and advertising of the applicable Content which is offered for sale or other use by this web site (e.g., an artist or band name and likeness may be used in an informational fashion, such as textual displays or other informational passages, to identify and represent authorship, production credits, and performances of the applicable artist or band in connection with the authorized exploitation of applicable Content);
(g) you warrant that we shall have the right to determine which sound
recordings, irrespective of any particular artist, record company or label affiliation, would best further their commercial purposes, and to promote such sound recordings more than others;
(h) you grant us the right to authorize or appoint any Distributors to perform the activities in (c)-(g) above.

If you need to determine who owns a copyright, the easiest way to do this is to search the song writer/publisher databases, here:

If you are using someone else's work and need help preparing Royalty statements from your sales reports, we recommend you work with someone like:

9. Compensation Plan (artists only)
The Artist will receive 65% of the sale price, less any transaction fees, from any of their tracks sold via the Gospel Swap Web Site. When logged in, the artist will see their total earnings; when that total reaches $20, a "Redeem" button will appear. Once the button appears, the artist can choose to cash out their earnings at any time. Upon clicking the Redeem button, the following payment options will be available, less the fee percentages for the financial transaction taken out from each of the following three parties listed in A-C directly below within this section #9:
(a) PayPal. We will transfer the funds representing your percentage of any sales of your products into your PayPal account. We will need only the email you used on your PayPal registration.
(b) EFT. If you choose Electronic Fund Transfer, you will need to fill out an authorization form and send it to us along with a voided deposit slip or check. This will allow us to deposit the funds directly into your bank account. There will be a per-transaction fee of $5.00.
(c) Check. We will send to you a check in the mail. There will be a per-transaction fee of $7.50.

NOTE: All fees and pricing are per transaction and subject to change without notice.

10. Third Party Services.
Goods and services of third parties may be advertised and/or made available on or through this web site. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.

11. Indemnification.
You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney's fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this web site or service, your provision of Content, your violation of this Terms of Service or any other violation of the rights of another person or party.

12. DISCLAIMER OF WARRANTIES.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS" AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.

Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.

13. LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INDICENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.

In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.

14. Reservation of Rights.
We reserve all of our rights, including but not limited to any and all
copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our web site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent. We reserve the right to update these terms of service with out notice and you agree to the modifications made that are lawfully enforceable. You also agree to checking the TOS for changes on your own to stay current

All services are at our sole discretion. We are in no way required to provide our services to any particular individual or group, nor are we required to adhere to any particular criteria in refusing services at any time. Accepting content materials from an individual or group does not obligate us to accept all content materials from that individual or group; we may refuse services in part or in whole. Your sole recourse is to remove your materials and discontinue all services with us.

It may take up to 120 to 180 days for the copyright office to respond, and we are not responsible for any delays out of our control.

15. Notification of Copyright Infringement.
If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, please notify us immediately in writing.
fax: 319.364.0978 OR gospelswap@gazellevillage.com

16. Applicable Law.
You agree that this Terms of Service and any dispute arising out of your use of this web site or our products or services shall be governed by and construed in accordance with local laws where the headquarters of the owner of this web site is located, without regard to its conflict of law provisions. By registering or using this web site and service you consent and submit to the exclusive jurisdiction and venue of the county or city where the headquarters of the owner of this web site is located.

17. Miscellaneous Information.
(i) In the event that this Terms of Service conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Terms of Service will remain valid and intact; (ii) The failure of either party to assert any right under this Terms of Service shall not be considered a waiver of any that party's right and that right will remain in full force and effect; (iii) You agree that without regard to any statue or contrary law that any claim or cause arising out of this web site or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred; (iv) We may assign our rights and obligations under this Terms of Service and we shall be
relieved of any further obligation; (v) You may contact us with your concerns or questions via email or phone:
Gazelle Village, Inc. in Cedar Rapids, Iowa
gospelswap@gazellevillage.com
319.393.1623

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