CONTRIBUTOR AGREEMENT

This is a BETA Season for New Contributors. Many improvements will be taking place over the month of January. Please send screen captures, and specific requests for improvement or help to support and, if you are really in a bind, call 719-266-2333 for business hour support.

In summary every Contributor agrees to allow ENTERTHEWORSHIPCIRCLE.COM to sell and/or distribute, on consignment, any uploaded media. ENTERTHEWORSHIPCIRCLE.COM never owns any of your work, but you agree to pay ENTERTHEWORSHIPCIRCLE.COM a commission on every sale. ENTERTHEWORSHIPCIRCLE.COM keeps Contributor’s records safe, pays out profits monthly with good reporting, and tries to help every participant become a more successful worship-resourcer simply by making the process so easy. Contributors agree to conduct themselves maturely on this site, and affirm that they own the content they upload.

THIS IS A LEGAL AGREEMENT BETWEEN THE “CONTRIBUTOR” (AN INDIVIDUAL, REPRESENTING THE CONTRIBUTOR’S SELF OR, IF APPLICABLE, ACTING AS LEGAL REPRESENTATIVE FOR A GROUP, CONTRIBUTOR, COMPANY OR CORPORATION; IN THIS CASE MOST COMMONLY REFERRED TO AS THE PUBLISHER AND LEGAL OWNER OF A WORK) AND “ENTERTHEWORSHIPCIRCLE.COM” (ENTERTHEWORSHIPCIRCLE.COM, A WORK OF THE BLUE RENAISSANCE CREATIVE GROUP, A NON-PROFIT. ) THIS AGREEMENT GOVERNS THE CONTRIBUTOR’S USE OF THE ENTERTHEWORSHIPCIRCLE.COM WEBSITE AND ENTERTHEWORSHIPCIRCLE.COM SERVICE (THE “SERVICE”). THIS AGREEMENT – TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES AND ALL OF ENTERTHEWORSHIPCIRCLE.COM’S RULES AND POLICIES – COLLECTIVELY CONSTITUTES THE “AGREEMENT” BETWEEN THE CONTRIBUTOR AND ENTERTHEWORSHIPCIRCLE.COM. BY UPLOADING OR DELIVERING “CONTENT” (MP3’ OR ANY MEDIA) TO THE SERVICE, THE CONTRIBUTOR AGREES TO BE BOUND BY THIS AGREEMENT. IF THE CONTRIBUTOR DOES NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT UPLOAD OR DELIVER ANY CONTENT TO THE SERVICE. THE CONTRIBUTOR MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO THE CONTRIBUTOR: CHANGES, ADDITIONS OR DELETIONS ARE NOT ACCEPTABLE. ENTERTHEWORSHIPCIRCLE.COM RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF THIS AGREEMENT AT ANY TIME. IT IS THE CONTRIBUTOR’S RESPONSIBILITY TO CHECK THIS AGREEMENT PERIODICALLY FOR CHANGES. BY UPLOADING OR DELIVERING ANY CONTENT TO THE SERVICE FOLLOWING THE POSTING OF CHANGES, THE CONTRIBUTOR ACCEPT AND AGREE TO THE CHANGES. ENTERTHEWORSHIPCIRCLE.COM MAY REFUSE THE CONTRIBUTOR’S ABILITY TO UPLOAD OR DELIVER CONTENT TO THE SERVICE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.

THE SERVICE IS A CONSIGNMENT BUSINESS. It functions as an sales business which allows the CONTRIBUTOR to sell its Content through the ENTERTHEWORSHIPCIRCLE.COM service. This Agreement permits customers to purchase the CONTRIBUTOR’S Content worldwide from ENTERTHEWORSHIPCIRCLE.COM’S own website at www. ENTERTHEWORSHIPCIRCLE.COM. By uploading or otherwise delivering content to ENTERTHEWORSHIPCIRCLE.COM, THE CONTRIBUTOR permits ENTERTHEWORSHIPCIRCLE.COM to include the CONTRIBUTOR’S Content in the ENTERTHEWORSHIPCIRCLE.COM database, which can then be sold or distributed on THE CONTRIBUTOR’S behalf in the uploaded form over the Internet.

Use of the Service requires one or more compatible devices, Internet access (fees may apply) and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Service involves hardware, software and Internet access, THE CONTRIBUTOR’S ability to use the Service may be affected by the performance of these factors.

THE CONTRIBUTOR acknowledge and agree that such system requirements, which may be changed from time to time, are THE CONTRIBUTOR’S responsibility. The Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee THE CONTRIBUTOR access to the Service.

Except as otherwise expressly provided for in this Agreement, the Service is subject to ENTERTHEWORSHIPCIRCLE.COM’s Store Policy available at ENTERTHEWORSHIPCIRCLE.COM, which is expressly made a part of this Agreement.

In order to participate in the Service, THE CONTRIBUTOR must provide ENTERTHEWORSHIPCIRCLE.COM with the required digital media file of the content to be used by ENTERTHEWORSHIPCIRCLE.COM as described in this Agreement as “Content”. THE CONTRIBUTOR also must provide ENTERTHEWORSHIPCIRCLE.COM with other information and media related to THE CONTRIBUTOR’S Content (such as pictures, press reviews, links, etc. ) for use in connection with the Service (“Supporting Content,” and collectively with Content, “Content”).

THE CONTRIBUTOR agrees to provide accurate, current and complete information required to register with the Service and at other points as may be required in the course of using the Service (“Registration Data”). THE CONTRIBUTOR further agrees to maintain and update THE CONTRIBUTOR’S Registration Data as required to keep it accurate, current and complete. ENTERTHEWORSHIPCIRCLE.COM may terminate THE CONTRIBUTOR’S rights to upload Content to the Service if any information THE CONTRIBUTOR provides is false, inaccurate or incomplete. THE CONTRIBUTOR agrees that ENTERTHEWORSHIPCIRCLE.COM may store and use the Registration Data THE CONTRIBUTOR provides for use in maintaining THE CONTRIBUTOR’S account and paying THE CONTRIBUTOR, according to this Agreement.

The Service may require THE CONTRIBUTOR to open an account (“Account”) (including setting up a ENTERTHEWORSHIPCIRCLE.COM ID and password). THE CONTRIBUTOR is entirely responsible for maintaining the confidentiality of THE CONTRIBUTOR’S Account information, including THE CONTRIBUTOR’S password, and for any and all activity that occurs under THE CONTRIBUTOR’S Account. THE CONTRIBUTOR agrees to notify ENTERTHEWORSHIPCIRCLE.COM immediately of any unauthorized use of THE CONTRIBUTOR’S Account, or any other breach of security. However, THE CONTRIBUTOR may be held liable for losses incurred by ENTERTHEWORSHIPCIRCLE.COM or any other user of the Service due to someone else using THE CONTRIBUTOR’S Account. ENTERTHEWORSHIPCIRCLE.COM cannot and will not be liable for any loss or damage arising from THE CONTRIBUTOR’S failure to comply with these obligations.

THE CONTRIBUTOR understands that the Service may include a security framework using technology that protects digital information. THE CONTRIBUTOR agrees not to violate or attempt to violate any security components. THE CONTRIBUTOR agrees not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to the Service for any reason whatsoever. THE CONTRIBUTOR agrees not to access the Service or upload THE CONTRIBUTOR’S Content by any means other than through software that is provided by ENTERTHEWORSHIPCIRCLE.COM for such purposes. THE CONTRIBUTOR shall not access or attempt to access an Account at any time without the express permission and consent of the holder of that Account. Violations of system or network security may result in civil or criminal liability.

By the act of delivering and/or uploading THE CONTRIBUTOR’S Content to ENTERTHEWORSHIPCIRCLE.COM, THE CONTRIBUTOR grants to ENTERTHEWORSHIPCIRCLE.COM the following rights and licenses:

1. THE CONTRIBUTOR agrees to pay ENTERTHEWORSHIPCIRCLE.COM a non-exclusive, royalty free, worldwide license to use THE CONTRIBUTOR’S Content for promotional uses including: (i) publicly display, broadcast, encode, reproduce, transmit, excerpt, edit, and distribute the Content through any medium now known or hereafter devised for the purpose of demonstrating, promoting or distributing products or services, and in connection with the sale and promotion of THE CONTRIBUTOR’S Content; (ii) make copies of THE CONTRIBUTOR’S Content employing any compression or formatting technologies selected by ENTERTHEWORSHIPCIRCLE.COM in order to create a database of THE CONTRIBUTOR’S Content; (iii) make THE CONTRIBUTOR’S Content accessible to users of the Service; and (iv) use THE CONTRIBUTOR’S name and any trademarks, service marks or trade names incorporated in the Content and use the name, likeness and biographical information of any individual whose performance or image is contained in the Content; (v) the right to use THE CONTRIBUTOR’S Content for ENTERTHEWORSHIPCIRCLE.COM’s business purposes relating to the promotion of the Service. (No compensation shall be due for use of THE CONTRIBUTOR’S Content for such ENTERTHEWORSHIPCIRCLE.COM business or promotional purposes) along with;

2. THE CONTRIBUTOR grants ENTERTHEWORSHIPCIRCLE.COM a non-exclusive right to grant worldwide, perpetual, non-sublicensable, non-assignable, license to direct sale on the Internet at www. ENTERTHEWORSHIPCIRCLE.COM THE CONTRIBUTOR’S Content in any formats now, or ever, in existence in accordance with the terms of the Terms of Use between ENTERTHEWORSHIPCIRCLE.COM and its users (the “Terms of Use”), and in accordance with the License to Sell and Distribute as follows:

3. THE CONTRIBUTOR grants ENTERTHEWORSHIPCIRCLE.COM the right to receive as its commission from all ENTERTHEWORSHIPCIRCLE.COM sales whether wholesale to online retailers or direct to customers 30% of all sales receipts. No additional fees will be applied to such sales receipts including but not limited to annual fees, administration fees, or processing or delivery fees.

4. THE CONTRIBUTOR uploads new works to ENTERTHEWORSHIPCIRCLE.COM without any processing fees.

THE CONTRIBUTOR acknowledges and agrees that THE CONTRIBUTOR’S Content may be sold to users of the Service pursuant to the Terms of Use. ENTERTHEWORSHIPCIRCLE.COM shall not be liable for noncompliance with the Terms of Use by users of the Service. THE CONTRIBUTOR acknowledges and agrees that it is possible that THE CONTRIBUTOR’S Content may be used in a way that is not contemplated in this Agreement or the Terms of Use. THE CONTRIBUTOR also agrees that ENTERTHEWORSHIPCIRCLE.COM shall have no liability to THE CONTRIBUTOR or any other person claiming through THE CONTRIBUTOR for any breach by purchaser of the terms of any agreement respecting the Content.

ENTERTHEWORSHIPCIRCLE.COM reserves the right to delete, move, refuse to accept or edit any of THE CONTRIBUTOR’S Content that, in the sole discretion of ENTERTHEWORSHIPCIRCLE.COM, violates or may violate this Agreement, the intellectual or proprietary rights of others, any of its policies or is otherwise unacceptable in its sole discretion. ENTERTHEWORSHIPCIRCLE.COM shall have the right but not the obligation to correct any errors or omissions in THE CONTRIBUTOR’S Content, as it may determine in its sole discretion.

CONTRIBUTOR’S Content, as it may determine in its sole discretion.

ENTERTHEWORSHIPCIRCLE.COM also reserves the right to filter, refuse, reject and remove any content added to or contributed to the site that it deems not to be family friendly.

ENTERTHEWORSHIPCIRCLE.COM, alone, reserves the right to make the judgement of what content, covers, comments, contributions, etc. are “family friendly” and does not share this judgement with anyone else. THE CONTRIBUTOR agrees to this filter system in partnership with the goal of providing beautiful, helpful, valuable written art to the public, and does not hold ENTERTHEWORSHIPCIRCLE.COM liable in any way for discrimination or censorship because THE CONTRIBUTOR has relinquished all rights to such accusations or related offenses inside of this agreement. ENTERTHEWORSHIPCIRCLE.COM will not add DRM (Digital Rights Management) to anything a CONTRIBUTOR submits, and retains the right to refuse any content submitted that contains DRM features including, but not limited to, password protection or encryption.

THE CONTRIBUTOR acknowledges and agrees that ENTERTHEWORSHIPCIRCLE.COM is a consignment business whereby THE CONTRIBUTOR is selling THE CONTRIBUTOR’S Content to end users through ENTERTHEWORSHIPCIRCLE.COM. THE CONTRIBUTOR shall set the selling price for THE CONTRIBUTOR’S Content in view of the ENTERTHEWORSHIPCIRCLE.COM pricing guidelines, but is not obligated to set any price for any Content.

ENTERTHEWORSHIPCIRCLE.COM shall pay THE CONTRIBUTOR seventy percent (70%) of the “Gross Revenue” (as defined below) received from the sale of THE CONTRIBUTOR’S Content.

For the purposes of this Agreement, “Gross Revenue” shall mean all income actually received from such sales, less taxes (including, without limitation, sales, use, value-added, import, export or similar taxes), customs duties, levies, shipping or freight and returns. Payment to THE CONTRIBUTOR shall be net of (a) bad debts or other uncollectible sums, (b) legal and other reasonable fees incurred in enforcing this Agreement or the Terms of Use, and © any amounts owing by THE CONTRIBUTOR to ENTERTHEWORSHIPCIRCLE.COM under this Agreement, the Terms of Use or otherwise. Without limiting the generality of the foregoing, ENTERTHEWORSHIPCIRCLE.COM is entitled to set-off against any amount owing to THE CONTRIBUTOR, all amounts to which it is or may be entitled under this Agreement or otherwise at law.

THE CONTRIBUTOR shall retain the ownership of all copyrights and other intellectual property rights in THE CONTRIBUTOR’S Content (if any), subject only to the non-exclusive rights and licenses granted to ENTERTHEWORSHIPCIRCLE.COM under this Agreement. THE CONTRIBUTOR is free to grant similar rights to others during and after the term of this Agreement. ENTERTHEWORSHIPCIRCLE.COM assumes no responsibility for obtaining copyright or other intellectual property protection for THE CONTRIBUTOR’S Content. The question of DRM (Digital Rights Management) comes up in the conversation about ownership. Many smart people have written on why DRM is a waste of time for internet media publishers because it doesn’t help sell product, promote products, or enjoy products.

THE CONTRIBUTOR acknowledges and agrees that THE CONTRIBUTOR is not being hired by ENTERTHEWORSHIPCIRCLE.COM. Rather, ENTERTHEWORSHIPCIRCLE.COM is a consignment business, whereby THE CONTRIBUTOR is selling THE CONTRIBUTOR’S Content directly to end users through the Service. Therefore, ENTERTHEWORSHIPCIRCLE.COM has no obligation to send any tax forms (including, without limitation, Form 1099) to THE CONTRIBUTOR.

ENTERTHEWORSHIPCIRCLE.COM shall account to THE CONTRIBUTOR for THE CONTRIBUTOR’S share of Gross Revenues approximately once per month during the term of this Agreement. Within sixty (60) days of the close of each period during which ENTERTHEWORSHIPCIRCLE.COM shall have received any Gross Revenues with respect to THE CONTRIBUTOR’S Content, ENTERTHEWORSHIPCIRCLE.COM will pay THE CONTRIBUTOR via electronic transfer (PayPal or similar account) the amount owed to THE CONTRIBUTOR. THE CONTRIBUTOR agrees that ENTERTHEWORSHIPCIRCLE.COM shall not be responsible for any fees associated with the receiving of payment from ENTERTHEWORSHIPCIRCLE.COM.

ENTERTHEWORSHIPCIRCLE.COM may deduct from any amount payable hereunder such portion thereof as may be required to be deducted under any applicable statute, regulation, treaty or other law in connection with taxation or otherwise, and THE CONTRIBUTOR shall promptly execute and deliver to ENTERTHEWORSHIPCIRCLE.COM such forms or other documents as may be required in connection therewith. If at the time of a ENTERTHEWORSHIPCIRCLE.COM payment, THE CONTRIBUTOR has not provided ENTERTHEWORSHIPCIRCLE.COM with all information reasonably requested, including, without limitation, legal name, tax identification information and complete payment information including the required Paypal account (or related service), then ENTERTHEWORSHIPCIRCLE.COM shall hold any sums due to THE CONTRIBUTOR until the end of first period during which THE CONTRIBUTOR has provided ENTERTHEWORSHIPCIRCLE.COM with all such missing information. 

If the CONTRIBUTOR cancels or interrupts the valid state of their listed Paypal account ENTERTHEWORSHIPCIRCLE.COM will hold any unpaid earnings until the Paypal account is again made valid, or a new Paypal account is listed in the CONTRIBUTOR’S account. Payments will then be resumed for the balance due on the following month of reinstatement. ENTERTHEWORSHIPCIRCLE.COM is under no obligation to make a revenue payment to any CONTRIBUTOR, for any reason, other than to a valid Paypal account. 

ENTERTHEWORSHIPCIRCLE.COM agrees to keep accurate books and records covering all transactions related to this Agreement. During the one-year period following THE CONTRIBUTOR’S receipt of payment, THE CONTRIBUTOR may, at THE CONTRIBUTOR’S expense and upon reasonable notice, inspect ENTERTHEWORSHIPCIRCLE.COM’s records related to that payment at the ENTERTHEWORSHIPCIRCLE.COM offices or at a location specified by ENTERTHEWORSHIPCIRCLE.COM, provided that THE CONTRIBUTOR’S inspection must not unreasonably interfere with ENTERTHEWORSHIPCIRCLE.COM business.

If THE CONTRIBUTOR’S inspection reveals that ENTERTHEWORSHIPCIRCLE.COM has underpaid THE CONTRIBUTOR, ENTERTHEWORSHIPCIRCLE.COM will promptly correct the deficiency. It is understood that ENTERTHEWORSHIPCIRCLE.COM includes certain advertising on multiple pages and sections of the Service; no portion of the sums received by ENTERTHEWORSHIPCIRCLE.COM from the sale of such advertising shall be included in the calculation of any sums payable to THE CONTRIBUTOR hereunder.

THE CONTRIBUTOR represents and warrant that: (a) except as provided in Section 12 (Selling Price; Gross Revenue) with respect to THE CONTRIBUTOR’S share of Gross Revenues, ENTERTHEWORSHIPCIRCLE.COM, its customers shall not be required to make any payments in respect of the authorized use of THE CONTRIBUTOR’S Content, including, without limitation, payments to THE CONTRIBUTOR, third parties claiming through THE CONTRIBUTOR or otherwise, book publishers, mechanical rights agents, performance rights societies, persons who contributed to or appear in THE CONTRIBUTOR’S Content, THE CONTRIBUTOR’S licensors, unions or guilds; (b) THE CONTRIBUTOR is under no disability, restriction or prohibition with respect to THE CONTRIBUTOR’S right to execute this Agreement and THE CONTRIBUTOR has the full right and power to enter into and perform this Agreement, and have secured all third-party consents, licenses and permissions necessary to enter into and perform this Agreement; © THE CONTRIBUTOR’S Content does not contain “samples” of any third party’s work and will not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, or moral rights; (d) THE CONTRIBUTOR’S Content does not and will not violate any law, statute, ordinance or regulation; (e) THE CONTRIBUTOR’S Content is not and will not be defamatory, libelous, pornographic or obscene; (f) THE CONTRIBUTOR’S Content does not and will not contain any viruses or other programming routines that detrimentally interfere with computer systems or data; (g) all factual assertions that THE CONTRIBUTOR has made and will make to ENTERTHEWORSHIPCIRCLE.COM are true and complete; and (h) THE CONTRIBUTOR is at least thirteen (13) years of age.

1. Term. The term of this Agreement shall be perpetual from the date that THE CONTRIBUTOR uploads or delivers THE CONTRIBUTOR’S Content to ENTERTHEWORSHIPCIRCLE.COM.

2. Termination. Upon termination of this Agreement, which is the CONTRIBUTOR’S removal of content from ENTERTHEWORSHIPCIRCLE.COM, all of ENTERTHEWORSHIPCIRCLE.COM’s license rights shall terminate. In usual circumstances this termination will be simple, and any remaining balances will be transferred to THE CONTRIBUTOR within 30 days.

   ENTERTHEWORSHIPCIRCLE.COM agrees to use reasonable efforts to discontinue public access to THE CONTRIBUTOR’S Content promptly upon termination. ENTERTHEWORSHIPCIRCLE.COM may terminate this Agreement at any time by so notifying THE CONTRIBUTOR; the Agreement will terminate upon THE CONTRIBUTOR’S actual receipt of such notice or three days after ENTERTHEWORSHIPCIRCLE.COM shall have sent a notice of termination to the email address THE CONTRIBUTOR supply to ENTERTHEWORSHIPCIRCLE.COM, whichever is sooner.

   ENTERTHEWORSHIPCIRCLE.COM’s obligation to pay sums due THE CONTRIBUTOR hereunder described in Section 14 (Accounting) shall survive termination. Also, this Section 15 (Term and Termination), Section 16 (Representations and Warranties), Section 17 (Disclaimer), Section 22 (Limitation of Liability), Section 23(Indemnification), Section 24 (Attorney’s Fees) and Section 25 (Miscellaneous) shall survive termination.

1. Infringement by THE CONTRIBUTOR. Upon ENTERTHEWORSHIPCIRCLE.COM’s receipt of notice, ENTERTHEWORSHIPCIRCLE.COM will act expeditiously to remove or disable access to any Content claimed to be infringing or claimed to be the subject of infringing activity, as well as any reference or link to Content or activity that is claimed to be infringing. Notwithstanding anything contained in this Agreement, THE CONTRIBUTOR expressly consents to ENTERTHEWORSHIPCIRCLE.COM’s disclosure of THE CONTRIBUTOR’S personally identifiable and all other personal information in the event that THE CONTRIBUTOR or THE CONTRIBUTOR’S Content is the subject matter of any such infringement claim.

2. Infringement by Others. Should THE CONTRIBUTOR become aware of any possible infringement of any Content, THE CONTRIBUTOR agrees to give prompt notice of the Content claimed to be infringing to ENTERTHEWORSHIPCIRCLE.COM. This notification requirement applies to the possible infringement of both THE CONTRIBUTOR’S Content and any Content of others.

ENTERTHEWORSHIPCIRCLE.COM DOES NOT PROMISE THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE CONTRIBUTOR’S USE OF THE SERVICE WILL PROVIDE SPECIFIC RESULTS. THE SERVICE IS DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ENTERTHEWORSHIPCIRCLE.COM CANNOT ENSURE THAT THE SERVICE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. ENTERTHEWORSHIPCIRCLE.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

ENTERTHEWORSHIPCIRCLE.COM DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO THE CONTRIBUTOR’S USE OF THE SERVICE. THE CONTRIBUTOR ASSUMES TOTAL RESPONSIBILITY FOR THE CONTRIBUTOR’S USE OF THE SERVICE AND ANY THIRD PARTY WEBSITES LINKED TO THE SERVICE. THE CONTRIBUTOR’S SOLE REMEDY AGAINST ENTERTHEWORSHIPCIRCLE.COM FOR DISSATISFACTION WITH THE SERVICE OR ANY PRODUCT IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. .

1. Prohibited Technology. THE CONTRIBUTOR may not use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service, or in any way reproduce or circumvent the navigational structure or presentation of the Service, to obtain or attempt to obtain any Contents, documents or information through any means not purposefully made available through the Service.

2. Hacking. THE CONTRIBUTOR may not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any ENTERTHEWORSHIPCIRCLE.COM server, or to any of the Contents offered on or through the Service, by hacking, password “mining” or any other illegitimate means.

3. Compliance with Laws. THE CONTRIBUTOR may not intentionally or unintentionally use the Service for any purpose that is unlawful or prohibited by this Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of ENTERTHEWORSHIPCIRCLE.COM or any third party.

4. Conduct. THE CONTRIBUTOR agrees not to use the Service to: (i) upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) impersonate any person or entity, including, without limitation, a ENTERTHEWORSHIPCIRCLE.COM official, or falsely state or otherwise misrepresent THE CONTRIBUTOR’S affiliation with a person or entity; (iii) forge or otherwise manipulate identifiers in order to disguise the origin of any of THE CONTRIBUTOR’S Content, (iv) upload, post or otherwise transmit any content that THE CONTRIBUTOR does not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (v) upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other intellectual property of other proprietary rights of any party; (vi) upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional Contents, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (vii) upload, post or otherwise transmit any Content that contains software viruses or any computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (viii) interfere with or disrupt ENTERTHEWORSHIPCIRCLE.COM or its servers or networks connected to the Service or disobey any requirements, procedures, policies or regulations of networks connected to ENTERTHEWORSHIPCIRCLE.COM and the Service. ENTERTHEWORSHIPCIRCLE.COM and its designees shall have the right to remove any of THE CONTRIBUTOR’S Content that violates this Agreement or is otherwise objectionable.

The Service is controlled and operated by ENTERTHEWORSHIPCIRCLE.COM from its offices in Woodland Park, Colorado, United States. THE CONTRIBUTOR agrees to comply with all local, state, federal and national laws, statutes, ordinances and regulations that apply to THE CONTRIBUTOR’S use of the Service.

ENTERTHEWORSHIPCIRCLE.COM reserves the right to take steps ENTERTHEWORSHIPCIRCLE.COM believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including, without limitation, ENTERTHEWORSHIPCIRCLE.COM’s right to cooperate with any legal process relating to THE CONTRIBUTOR’S Content or use of the Service, and/or a third party claim that THE CONTRIBUTOR’S Content or THE CONTRIBUTOR’S use of the Service is unlawful and/or infringes such third party’s rights). THE CONTRIBUTOR agrees that ENTERTHEWORSHIPCIRCLE.COM has the right, without liability to THE CONTRIBUTOR, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as ENTERTHEWORSHIPCIRCLE.COM believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including, without limitation, ENTERTHEWORSHIPCIRCLE.COM’s right to cooperate with any legal process relating to THE CONTRIBUTOR’S Content or THE CONTRIBUTOR’S use of the Service, and/or a third party claim that THE CONTRIBUTOR’S Content or THE CONTRIBUTOR’S use of the Service is unlawful and/or infringes such third party’s rights).

The Service may contain links to other independent third-party Websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to THE CONTRIBUTOR. THE CONTRIBUTOR acknowledges and agrees that ENTERTHEWORSHIPCIRCLE.COM is not responsible for examining or evaluating the content or accuracy of any such third-party Content or Websites. ENTERTHEWORSHIPCIRCLE.COM does not warrant or endorse and does not assume and will not have any liability or responsibility for the Linked Sites, or for any other Contents, products or services of third parties. THE CONTRIBUTOR agrees that THE CONTRIBUTOR will not use any of the Linked Sites in a manner that would infringe or violate the rights of any other party, and that ENTERTHEWORSHIPCIRCLE.COM is not in any way responsible for any such use by THE CONTRIBUTOR.

Except where prohibited by law, in no event will ENTERTHEWORSHIPCIRCLE.COM be liable to THE CONTRIBUTOR for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if ENTERTHEWORSHIPCIRCLE.COM has been advised of the possibility of such damages.

BY USING THE SERVICE AND/OR UPLOADING OR DELIVERY Content, THE CONTRIBUTOR AGREES TO INDEMNIFY AND HOLD ENTERTHEWORSHIPCIRCLE.COM, ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF THE CONTRIBUTOR’S BREACH OF THIS AGREEMENT, THE CONTRIBUTOR’S CONTENT, THE CONTRIBUTOR’S USE OF THE SERVICE OR ANY ACTION TAKEN BY ENTERTHEWORSHIPCIRCLE.COM AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS INDEMNIFICATION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

If ENTERTHEWORSHIPCIRCLE.COM does take any legal action against THE CONTRIBUTOR as a result of THE CONTRIBUTOR’S violation of this Agreement, ENTERTHEWORSHIPCIRCLE.COM will be entitled to recover from THE CONTRIBUTOR, and THE CONTRIBUTOR agrees to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to ENTERTHEWORSHIPCIRCLE.COM. THE CONTRIBUTOR agrees that ENTERTHEWORSHIPCIRCLE.COM will not be liable to THE CONTRIBUTOR or to any third party for termination of THE CONTRIBUTOR’S access to the Service as a result of any violation of this Agreement.

1. Electronic Signatures and Contracts. THE CONTRIBUTOR’S use of the Service includes the ability to enter into agreements electronically. THE CONTRIBUTOR ACKNOWLEDGES THAT THE CONTRIBUTOR’S ELECTRONIC SUBMISSIONS CONSTITUTE THE CONTRIBUTOR’S AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS.

2. Parental Consent. THE CONTRIBUTOR acknowledges that the Service is available for individuals 13 years of age or older. If THE CONTRIBUTOR is under the age of consent in THE CONTRIBUTOR’S jurisdiction, but over the age of 13, THE CONTRIBUTOR agrees and represent that THE CONTRIBUTOR has reviewed this Agreement with THE CONTRIBUTOR’S parent or guardian to make sure that THE CONTRIBUTOR and THE CONTRIBUTOR’S parent or guardian understand and consent to the terms of this Agreement. ENTERTHEWORSHIPCIRCLE.COM does not permit use of the Service by anyone under 13 years of age.

3. Governing Law; Mediation. THE CONTRIBUTOR agrees that all matters relating to THE CONTRIBUTOR’S access to or use of the Service, including all disputes, will be governed by the laws of the United States and by the laws of the State of Colorado without regard to its conflicts of laws provisions. If THE CONTRIBUTOR is accessing the Service outside of the United States, THE CONTRIBUTOR hereby submit to the jurisdiction of courts of law in the United States. THE CONTRIBUTOR hereby agrees to the personal jurisdiction by and venue in the state and federal courts in El Paso County, Colorado, and waive any objection to such jurisdiction or venue. Any claim under this Agreement must be brought within one year after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between ENTERTHEWORSHIPCIRCLE.COM and THE CONTRIBUTOR arising out of or in connection with THE CONTRIBUTOR’S use of the Service, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If the parties are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

4. Assignment. THE CONTRIBUTOR agrees not to resell, assign, otherwise transfer, or delegate THE CONTRIBUTOR’S rights or obligations under this Agreement without the prior express written consent of ENTERTHEWORSHIPCIRCLE.COM.

5. No Employer-Employee or Partnership Relationship. THE CONTRIBUTOR agrees that ENTERTHEWORSHIPCIRCLE.COM and THE CONTRIBUTOR are independent contractors under this Agreement, and nothing herein shall be construed to create an employer-employee, partnership, joint venture or agency relationship. THE CONTRIBUTOR are not being hired by ENTERTHEWORSHIPCIRCLE.COM. Rather, THE CONTRIBUTOR are consigning THE CONTRIBUTOR’S Content to ENTERTHEWORSHIPCIRCLE.COM for sale and license to end users.

6. Export Laws. THE CONTRIBUTOR may not use or export or re-export any of THE CONTRIBUTOR’S Content or any portion of the Service in violation of any applicable laws or regulations, including, without limitation, United States export laws and regulations.

7. Headings. All headings in this Agreement are for convenience only and shall have no legal or contractual effect.

8. Binding Agreement. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.

9. Severability. If any of the provisions of this Agreement 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 the parties hereunder, so that this Agreement shall remain in full force and effect.

10. Entire Agreement. This Agreement constitute the entire agreement between THE CONTRIBUTOR and ENTERTHEWORSHIPCIRCLE.COM with regard to THE CONTRIBUTOR’S use of the Service and THE CONTRIBUTOR’S uploading or delivering Content to the Service, and any and all other written or oral agreements or understandings previously existing between THE CONTRIBUTOR and ENTERTHEWORSHIPCIRCLE.COM with respect to such use are hereby superseded and cancelled.

11. No Waiver. ENTERTHEWORSHIPCIRCLE.COM’s failure to insist on or enforce strict performance of this Agreement shall not be construed as a waiver by ENTERTHEWORSHIPCIRCLE.COM of any provision or any right it has to enforce the terms of this Agreement, nor shall any course of conduct between ENTERTHEWORSHIPCIRCLE.COM and THE CONTRIBUTOR or any other party be deemed to modify any provision of this Agreement.

12. No Third Party Rights. This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties. THE CONTRIBUTOR shall be solely responsible for all licensing, reporting and payment obligations to any third party in connection with THE CONTRIBUTOR’S Content and the use of THE CONTRIBUTOR’S Content as set forth herein. THE CONTRIBUTOR ACKNOWLEDGES THAT THE CONTRIBUTOR HAVE READ THIS AGREEMENT, UNDERSTAND ALL THE PROVISIONS HEREIN, AND HAVE HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO THE TERMS OF THIS AGREEMENT. IN CONSIDERATION OF ENTERTHEWORSHIPCIRCLE.COM AGREEING TO PROVIDE THE SERVICE AND PAYMENTS CONTAINED HEREIN, THE CONTRIBUTOR AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.