iSoak Radio : Julie True

Soaking Music Internet Radio

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Terms and Conditions

iSoak Radio Julie True Soaking Music Terms of Use and Conditions Updated October 15, 2014 ▪ All songs words and music on iSoak Radio are publish and copyright 2013 by TrueHeart Worship Julie True, all rights reserved. ▪ You may, at your discretion, cancel your iSoak Radio subscription at any time by visiting Cancel my subscription. Any automatic payments that have been made before the date of cancellation will not be refunded to you, and under no circumstances is TrueHeart Worship obligated to refund, in whole or in part, any automatic payment that has already been completed prior to cancellation. After you cancel your subscription, you will continue to have access to iSoak Radio until the end of your current subscription period. ▪ You, the subscriber, are solely responsible for canceling your iSoak Radio subscription if you wish to do so. Cancellation may be initiated by visiting and filling out the form. This is the only authorized method to cancel your subscription. Any other methods used in attempt to cancel (including but not limited to telephone calls to the Julie True Phone Orders line) are not accepted and will be disregarded. ▪ It may take up to three (3) business days for your cancellation to take effect. You will be notified when your cancellation has been processed. TrueHeart Worship is under no circumstances obligated to refund, in whole or in part, any automatic payment made during the time period up to three (3) business days following the receipt of your cancellation request. For this reason, please make sure to submit a cancellation request no later than three (3) business days prior to the end date of your current subscription period to avoid being charged an additional monthly renewal fee. ▪ You must be at least 13 years old to open an account. ▪ You are solely responsible for protecting your own Account Password and other account information. iSoak Radio is for personal individual use only, a separate additional subscription license is required for business, churches and other types of public use. ▪ You can not use your iSoak Radio subscription, iSoak Radio ios app or iSoak Radio android app or any other digital device or method to steal, transmit, export, retrieve, share, or post to any other internet websites or platforms such as, but not limited to: YouTube, Vimeo, Tunein Radio, Pandora, Spotify, Ambiensus, Internet Archive and/or other content. ▪ TrueHeart Worship exclusively reserves all rights to iSoak Radio, it’s content, including but not limited to it’s video files, image files and audio files. Permission to use any portion of TrueHeart Worship’s iSoak Radio must be by written permission only. You have to listen to it through iSoak Radio or on a device officially supported by iSoak Radio. ▪ Do not use iSoak Radio if you do not agree to the Terms of Use described below. Your use of iSoak Radio means you agree to these Terms of Use. TERMS OF USE (EFFECTIVE AS OF OCTOBER 1, 2013) PLEASE READ CAREFULLY This TRUEHEART WORSHIP,… Terms of Use Agreement (this “Agreement“) is a legal agreement between you and TRUEHEART WORSHIP. and its subsidiaries (“we”, “iSoak Radio” us” or “our“) providing, among other things, the terms and conditions for your use of streaming iSoak Radio ‘s music and content services (collectively, the “ iSoak Radio “), including but not limited to delivery via our Web Site (the “Site“), a mobile device, or otherwise. THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY USING OR SUBSCRIBING TO THE iSOAK RADIO, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT WITHOUT ANY MODIFICATIONS, ADDITIONS, OR DELETIONS. IF YOU DO NOT AGREE TO THE TERMS OF USE CONTAINED IN THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE iSOAK RADIO SERVICES. We May Modify These Terms From Time To Time. Sometimes changes in the law or changes in the relationships between and our iSoak Radio third party vendors will require us to modify these terms of use, which we may do from time to time. If we do, we will post a copy of the amended Agreement . If you do not agree to, or cannot comply with, the Agreement as amended, you must stop using the Service iSoak Radio or, if applicable, cancel your iSoak Radio subscription. You will be deemed to have accepted the Agreement as amended if you continue to use any of the Service iSoak Radio s after any amendments are posted. Where Can I Find Help? If you have any questions concerning this Agreement or need technical support, you can contact iSoak Radio support by emailing: Who May Use iSoak Radio Subscription Service? In order to use the iSoak Radio Subscription Service, you must be a resident of a country in which iSoak Radio is legally authorized to operate the iSoak Radio Services and be at least 13 years of age. You represent that (i) you are at least 13 years old, (ii) you have read, understood, and agree to be bound by this Agreement. If you are not at least 13 years old, or you do not agree to all the terms and conditions of this Agreement, please do not check the acceptance box and do not attempt to access or use the iSoak Radio Service. Notwithstanding any descriptions or representations on the iSoak Radio Service, not all the features of the iSoak Radio Service may be available in your country. You are also responsible for providing the Internet service, cable modem, mobile cellular service and any other hardware and software necessary to use the iSoak Radio Service. ADVISORY. IF YOU ARE A USER BETWEEN THE AGES OF 13 AND 17, PLEASE REVIEW THESE TERMS OF USE WITH YOUR PARENTS. THE iSOAK RADIO IS NOT DESIGNED FOR USE BY CHILDREN UNDER THE AGE OF 13, AND WE DO NOT INTENTIONALLY COLLECT PERSONAL INFORMATION FROM CHILDREN ON OUR SITE. What Information Do I Need To Submit To Use iSoak Radio Subscription Service? To use any aspect of the iSoak Radio Subscription Service, you must register and provide a valid email address, a password, your gender, age and zip code (the “Registration Data“). iSoak Radio will use your Registration Data in accordance with its privacy policy, You acknowledge that your submission of any information to iSoak Radio is at your own risk. iSoak Radio does not assume any liability to you with regard to the misuse or loss of such information in any way. What Is iSoak Radio’s Privacy Policy? iSoak Radio cares about your privacy. It is important that you read and understand the terms of iSoak Radio‘s Privacy Policy. iSoak Radio uses your Registration Data and information about your device to provide the Service to You, including potentially serving you advertising based on your gender, age and zip code. In order to do this, iSoak Radio may need to provide your Registration Data or other data to its potential third party vendors and service providers. However, these responsible and trusted partners operate under agreements with iSoak Radio that carefully limit and restrict their use of your data. iSoak Radio uses and may share data about the device you use to access the iSoak Radio Service, including information about the type of device you use, the IP address, the MAC address and other device type identifiers such as IDFA, in order to provide the iSoak Radio Subscription Service, to serve you relevant advertising, to improve the Service and to measure the effectiveness of advertising we provide to you. iSoak Radio may cooperate with and disclose information (including your Registration Data) to authorized law enforcement authority, government official or third party in response to a subpoena or court order, without giving any notice to you. iSoak Radio does not ask for, access or track any location based information from your mobile device at any time when using the iSoak Radio Service from a mobile device. If your Profile is set to “public,” the information you post on your iSoak RadioProfile Page, such as favorite tracks, bookmarks, comments or other biographical information, will be available to the public. You may make your Profile private by adjusting your account settings at any time. iSoak Radio’s Use Of Your Email Address and Mobile Phone Number. You agree that iSoak Radio may use your email address to send you service-related notices, including notices required by law, in lieu of postal mail. You may not opt out of service-related e-mails. We may also use your email address and mobile telephone number to send you informational emails and mobile text messages about TrueHeart Worship, Julie True Ministries, iSoak Radio and special offers. You Are Responsible For Maintaining Your Account. You have responsibility for maintaining the confidentiality and security of your account. You agree that you will not allow others to use or access your account. You agree to notify us immediately of any unauthorized use of your password and/or account. iSoak Radio will not be responsible for any losses arising out of the unauthorized use of your Registration Data or account. Security And Use Of Credit Card Information. iSoak Radio uses Secure Sockets Layer (SSL) encryption when collecting or transferring sensitive data such as credit card information. SSL encryption is designed to make the information unreadable by anyone but us. Credit card numbers are used only for processing payments and are not used for other purposes. iSoak Radio may also use technology to protect the iSoak Radio Service from unauthorized or excessive use. Your use of the iSoak Radio Service may be limited by such technology. IF YOU ATTEMPT TO VIOLATE OR CIRCUMVENT ANY SYSTEM OR NETWORK SECURITY COMPONENTS OR TECHNOLOGY OF THE iSOAK RADIO, YOU MAY BE SUBJECT TO CIVIL OR CRIMINAL LIABILITY. Your License To Use The iSoak Radio Subscription Service. Subject to the terms and conditions of this Agreement, and your payment of any required fees, iSoak Radio grants to you a limited, non-exclusive, non-transferable license to access and use the iSoak Radio Services in legally authorized jurisdictions for personal non-commercial purposes only, except as expressly permitted in Section 10 below. iSoak Radio reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF THE iSoak Radio Subscription Service NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED. You agree that you will not: (i) use the iSoak Radio Subscription Service to download or reproduce copyrighted materials; (ii) copy, store, edit, change, prepare any derivative work of, or alter in any way any of the tracks streamed through the iSoak Radio Services; (iii) make the iSoak Radio Service available over a network (other than iSoak Radio‘s network) where it could be used by others; (iv) translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the iSoak Radio Service, iSoak Radio application or any portion thereof except as expressly allowed under applicable law; (v) circumvent any technology used by iSoak Radio or its licensors to protect content accessible via the iSoak Radio Service; (vi) rent, lease or sublicense any of the iSoak Radio Service; (vii) provide your password to any other person; or (viii) use the iSoak Radio Service in any way that violates the terms of this Agreement. Can I Use iSoak Radio For My Business, Church or other types of public use ? Use of iSoak Radio for your business, church or other commercial or public use, requires a Special Public Use License. You may only use the iSoak Radio Service in the United States for business use if you have purchased a special separate business church or other public use license known as “Special Public Use License” Your right to use the iSoak Radio for business, church or other public use, service may be terminated by iSoak Radio if you fail to comply with any applicable Terms or this Agreement. ANY BUSINESS, CHURCH OR OTHER PUBLIC USE, OF THE iSOAK RADIO SERVICE NOT SPECIFICALLY PERMITTED IN THIS SECTION IS STRICTLY PROHIBITED AND MAY RESULT IN IMMEDIATE TERMINATION OF YOUR RIGHT TO USE iSOAK RADIO. iSoak Radio May Change, Update Or Terminate Your Use Of The iSoak Radio Service. From time to time, iSoak Radio may make changes or updates to the iSoak Radio Service, either at no cost or subject to additional fees, in iSoak Radio‘s sole discretion. Such changes or updates may include additional functionality or conversely, new limitations on your use of the iSoak Radio Service. In certain circumstances, such as in the case of a security problem, iSoak Radio may require you to install an update in order to continue using the iSoak Radio Service. Notwithstanding anything else contained in this Agreement, iSoak Radio will have no obligation to continue making the iSoak Radio Service available or producing or releasing new versions, or adding any new music, of or for the iSoak Radio Service or any updates thereto, or to continue making any portion of the iSoak Radio Service. iSoak Radio may also terminate your use of and access to the iSoak Radio Service at any time, with or without notice to you. iSoak Radio Retains All Intellectual Property Rights In The iSoak Radio Service. As between you and iSoak Radio, you acknowledge that iSoak Radio retains all rights, title and interest in and to all copyrights, trademarks, trade secrets, patents and any other proprietary rights in the iSoak Radio Service, the software and APIs comprising the iSoak Radio Service, and all content therein. iSoak Radio, and its design logo, as well as certain other iSoak Radio trademarks, service marks, graphics, and logos, of iSoak Radio. The iSoak Radio Service may contain third-party trademarks, service marks, graphics, and logos. The iSoak Radio Service is owned or licensed by iSoak Radio and is protected by the copyright laws of the United States and other countries in which the iSoak Radio Service is made available. You cannot sublicense, assign, or transfer the license granted to you under this Agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void. Payment For Services. If you elect to access any paid component of the iSoak Radio Service, such as becoming a subscriber of the iSoak Radio One Service, you agree to pay all fees and charges associated with your subscription on a timely basis. All such fees and charges (including any taxes and late fees, as applicable) will be charged on your credit card. You agree to maintain valid credit card information in your account information. Legal Disclaimers. EXCEPT FOR ANY APPLICABLE GUARANTEES THAT CANNOT BE EXCLUDED UNDER LOCAL APPLICABLE LAWS, (a) THE iSoak Radio (INCLUDING ANY SOFTWARE CONTAINED THEREIN) AND ANY UPGRADES OR PLUG-INS AND ANY LICENSED CONTENT ARE LICENSED TO YOU “AS IS.” ANY USE OF THE iSoak Radio WILL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, www.JULIETRUE.COM DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. www.JULIETRUE.COM MAKES NO REPRESENTATIONS OR GUARANTEES THAT THE iSoak Radio WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND www.JULIETRUE.COM DISCLAIMS ANY LIABILITY RELATING THERETO. (b) www.JULIETRUE.COM MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT USE OR RESULTS OF THE USE OF THE iSoak Radio WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, JULIETRUE.COM MAY MODIFY, SUSPEND, OR DISCONTINUE THE iSoak Radio (INCLUDING ANY CONTENT) OR YOUR USE OF THEM. WHENEVER JULIETRUE.COM ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE iSoak Radio , IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY. (c) YOU UNDERSTAND THAT YOU MAY ENCOUNTER THIRD PARTY ADVERTISEMENTS, WHEN USING THE iSoak Radio . JULIETRUE.COM WILL HAVE NO LIABILITY TO YOU FOR ANY SUCH CONTENT. (d) SOME OF THE CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE iSoak Radio MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT JULIETRUE.COM ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS OR SERVICES. Limitations of Liability. EXCEPT FOR ANY APPLICABLE LIABILITIES OR REMEDIES THAT CANNOT BE EXCLUDED UNDER LOCAL APPLICABLE LAWS, (a) IN NO EVENT WILL JULIETRUE.COM BE LIABLE TO YOU FOR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) EVEN IF JULIETRUE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY JULIETRUE.COM OR OTHERS WILL CREATE A WARRANTY AND NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCH INFORMATION OR ADVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU. (b) JULIETRUE.COM’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT WILL BE LIMITED TO THE GREATER OF ONE DOLLAR (US $1.00) OR THE TOTAL AMOUNT PAID BY YOU FOR THE APPLICABLE iSoak Radio AT ISSUE. You Agree To Indemnify iSoak Radio Under Certain Circumstances. You will indemnify and hold iSoak Radio, its directors, officers, employees, agents and licensors harmless with respect to any suits or claims arising out of (i) your breach of this Agreement, including but not limited to, any infringement by you of the intellectual property of any third party; or (ii) any third party claims arising out of your use or misuse of the iSoak Radio Services. Dispute Resolution. (a) Applicability. For any Dispute (excluding claims for injunctive or other equitable relief or any claim or dispute related to the enforcement or validity or either party’s intellectual property rights) where the total amount of the award sought is less than $10,000, the parties shall resolve the Dispute in a cost effective manner through binding non-appearance-based arbitration. The parties shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered and enforced in any court of competent jurisdiction; and (iv) the decision of the arbitrator will be final except for a limited right of appeal under the Federal Arbitration Act. Any Dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action (b) Notice. In the event of a Dispute, you or iSoak Radio must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested. You must send any Notice of Dispute by U.S. Mail or overnight courier to iSoak Radio. iSoak Radio will send any Notice of Dispute to you by U.S. Mail or overnight courier to your address if we have it, or otherwise to your email address. The parties will attempt to resolve any Dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, either you or iSoak Radio may commence arbitration. (c) Class Action Waiver. Neither you nor iSoak Radio will seek to have any Dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. (d) Severability. If the class action waiver set forth herein, or any other provision of this Section 18, is found to be illegal or unenforceable as to all or some aspects of a dispute, then that section will not apply to those aspects. Instead, those aspects will be severed and proceed in a court of law, with the remaining aspects proceeding in arbitration, and the remainder of this Section 18 will remain in full force and effect. Governing Law. This Agreement will be governed by the laws of the State of Tennessee, without regard to conflicts of laws provisions thereof. Except as set forth herein, or expressly prohibited by applicable law, the exclusive jurisdiction for any claim, action or dispute with iSoak Radio or relating in any way to your use of the iSoak Radio Services will be in the state and federal courts of the State of Tennessee and the venue for the adjudication or disposition of any such claim, action or dispute will be in the County of Williamson, State of Tennessee. Term and Termination. This Agreement will remain effective until terminated by either party, provided that Sections 13, and 15 through and including 22 will survive any expiration or termination and continue in effect. General Information. (a) iSoak Radio and its business partners may present advertisements or promotional materials via the iSoak Radio Service. Your dealings with, or participation in promotions of any third-party advertisers via the iSoak Radio Service are solely between you and such third party, and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that iSoak Radio is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties via the iSoak Radio Services. (b) The iSoak Radio Services may present links to third-party Web sites or third-party services not owned or operated by us. We are not responsible for the availability of these third-party sites or services or their contents. You agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any content of any such third-party site or services or goods or services available through any such third-party site or service. (c) iSoak Radio may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email, mobile text message, written or hard copy notice, or through conspicuous posting of such notice on the Site, as determined by iSoak Radio in its sole discretion. iSoak Radio reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Agreement. You Acknowledge That You Agree To All The Terms Of This Agreement. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
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