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   Terms and Conditions

SonicFaith.com, Inc. provides its service to you subject to the following Terms and Conditions of Use Agreement. Please read this agreement carefully!


TERMS AND CONDITIONS OF USE AGREEMENT

THIS IS A LEGAL AGREEMENT BETWEEN YOU (" YOU " OR " USER ") AND SONICFAITH.COM, INC. (" WE ", " US ", OR " SONICFAITH ") THAT STATES THE MATERIAL TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SONICFAITH SERVICE. THIS AGREEMENT, TOGETHER WITH ALL UPDATES, SUPPLEMENTS, ADDITIONAL TERMS, SOFTWARE LICENSES, PROMOTIONAL OFFER TERMS AND ALL OF SONICFAITH'S RULES AND POLICIES COLLECTIVELY CONSTITUTE THIS " AGREEMENT " BETWEEN YOU AND SONICFAITH. BY ACCESSING THE SONICFAITH SITE AND USING ANY OF THE SONICFAITH SERVICE, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT.

  1. Definition of the SonicFaith Service. SonicFaith is the creator and provider of a service (the " SonicFaith Service ") that permits users to select proprietary audio consisting of licensed and original audio content (collectively, the " SonicFaith Content ") through means including but not limited to (i) SonicFaith's Web site, SonicFaith.com, and such other or successor domain names as may be operated, acquired, or used from time to time by SonicFaith (collectively, " SonicFaith Site "), (ii) wired and wireless connections, and (iii) telephony based networks; and to playback such SonicFaith Content on a computer or other hardware device (" Device ") using SonicFaith's proprietary software applications (or other third party software application specifically approved by SonicFaith that meets the then-current company mandated specifications) and/or any other software the user accesses, downloads, or otherwise receives for use in connection with the SonicFaith Service, including but not limited to Beta (pre-release) versions thereof (collectively, the " SonicFaith Software "). For certain business partners and affiliates of SonicFaith, the SonicFaith Service also includes distribution of Devices and other goods, production services for the creation of digital audio from text, audio, and video materials, and the creation of private distribution channels for delivery of proprietary audio, SonicFaith Content, and/or special aggregations or versions of SonicFaith Content.
  2. Requirements for Use of the SonicFaith Service. The SonicFaith Service is for individuals over 18 years of age who can form legally binding contracts under applicable law. If you do not meet the foregoing or other applicable requirements, you may not use the SonicFaith Service.
  3. Privacy. SonicFaith's Privacy Policy is expressly incorporated herein by reference and made a part of this Agreement.
  4. Your Information. You agree to provide current, complete, and accurate information required to complete your registration with the SonicFaith Service and at other points as may be required in the course of using the SonicFaith Service (such information will be referred to herein, collectively, as " Registration Data "). You further agree to maintain and update Registration Data as required to keep it current, complete, and accurate. You shall not use a false or misleading name or a name that you are not authorized to use. If any information you provide is false, incomplete, or inaccurate, we may terminate your rights to any or all of the SonicFaith Service. If the information you provide is fraudulent, you may also be subject to criminal and/or civil liability. You agree that we may store and use Registration Data you provide (including credit card information) for use in maintaining your accounts and billing SonicFaith fees to your credit card.
  5. User Account, Password, and Security.
    1. Account and Password. As a registered user of the SonicFaith Service, you may receive or establish one or more passwords and accounts (" SonicFaith Account(s) "). You are solely responsible for maintaining the confidentiality and security of your passwords and SonicFaith Accounts. You may not divulge your password to anyone else or use anyone else's password or SonicFaith Account. You are entirely responsible for all activities that occur on or through your SonicFaith Account(s), and you agree to notify us immediately about any unauthorized use of SonicFaith Accounts or any breach of security. You agree that we will not be responsible for any losses incurred in connection with any misuse of passwords and you further agree that we will have no responsibility whatsoever for your failure to comply with this Paragraph. Your breach of this Paragraph may result in immediate termination of your SonicFaith Account(s), and may also subject you to criminal or civil liability.
    2. Security, Cracking and Hacking. You shall not violate or attempt to violate the security of the SonicFaith Service. Accordingly, you shall not: (i) access data or materials not intended for you; (ii) log into a server or account which you are not authorized to access; or (iii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer's functionality or operation which may be transferred to your computer via the SonicFaith Service.
  6. Grants of Licenses
    1. SonicFaith Content License. When you "clickout" or otherwise "purchase" (referred to herein, collectively as " Purchase ") SonicFaith Content from the SonicFaith Service, SonicFaith grants you a limited, revocable, non-exclusive, non-transferable license to download or stream such SonicFaith Content to your computer and/or your Device(s) solely for your personal non-commercial use. You shall not copy, reproduce, distribute or use the SonicFaith Content in any other manner. You shall not sell, transfer, lease, modify, distribute or publicly perform the SonicFaith Content in any manner and you shall not exploit it commercially. Do not (A) decompile, disassemble, or reverse engineer the SonicFaith Content or attempt to do so; or (B) modify the SonicFaith Content or create any derivative works therefrom. This license to the SonicFaith Content you Purchase will continue for as long as your copy of SonicFaith Content exists pursuant to and in accordance with the terms and conditions of this Agreement.
    2. Site Access License. SonicFaith grants you a limited, revocable, non-exclusive, non-transferable license to access and make personal non-commercial use of the SonicFaith Site and not to download (other than page caching) or modify all or any portion of the SonicFaith Site. This license does not include any resale or commercial use of the SonicFaith Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the SonicFaith Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The SonicFaith Site and/or any portion of the SonicFaith Site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without our express written consent. You shall not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of SonicFaith, its content providers or its affiliates without express written consent. You shall not use any Meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you. You are granted a limited, revocable, non-exclusive, non-transferable right to create a hyperlink to the home page of the SonicFaith Site so long as the link does not portray us, our content providers, our affiliates, or our products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use any SonicFaith logo or other proprietary graphic or trademark as part of the link without express written permission.
    3. No Other License. Except as expressly stated herein, no rights or licenses are granted hereunder.
  7. A La Carte and SonicFaith Plans, Gift Certificates and Programs.
    1. a. A La Carte and SonicFaith Plans. You may purchase SonicFaith Content on an A La Carte basis (as described in Policy on SonicFaith Content Plans , or by participating in one of the several plans we offer for purchasing SonicFaith Content. These plans, including Membership Plans, will be referred to herein, collectively, as "SonicFaith Plan(s)" , and are also described in Policy on SonicFaith Content Plans, which is expressly incorporated herein by reference and made a part of this Agreement.
    2. Cancellation of your SonicFaith Plan. You may cancel your subscription to particular SonicFaith Content (" Membership ") Plan by contacting our Customer Service Department via telephone at 1-800-399-8506 subject to the terms and conditions set forth in our Policy on SonicFaith Content Plans.
    3. SonicFaith.com Gift Certificates. The purchase of a SonicFaith.com Gift Certificate (" Gift Certificate ") is non-refundable and cannot be redeemed by the recipient for cash. Gift Certificates may be used to purchase any SonicFaith Content, SonicFaith Plan, Device and/or accessory. Gift Certificates expire two (2) years from the date of purchase except in New Hampshire and California where prohibited by law.
  8. Right to Change Prices. Prices of all SonicFaith Content, including but not limited to Memberships, are subject to change upon notice from us. Such notice may be provided at any time by posting the changes to the SonicFaith Site or the SonicFaith Service. Prices of SonicFaith Plans are subject to change upon notice via email to you. In the event of such a change, you will have the right to cancel your SonicFaith Plan without penalty within ten (10) days of receipt of notice, effective as of the date of the next billing cycle. Prices of SonicFaith Plans offered in connection with a Device purchase ("Committed Membership Plans") are not subject to change during the initial commitment period stated at the time the Device was purchased, during which time the user is obligated to continue his/her SonicFaith Plan, subject to the Policy on SonicFaith Content Plans.
  9. Agreement to Pay. You agree that you will pay timely, and that we may charge your credit card for any SonicFaith Content, Membership, SonicFaith Plan, Device, accessory, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your SonicFaith Account(s) (collectively, " SonicFaith Fees "). YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL SONICFAITH FEES AND FOR PROVIDING SONICFAITH WITH A VALID CREDIT CARD FOR PAYMENT OF ALL SONICFAITH FEES. All SonicFaith Fees will be billed to the credit card you designated during the registration process. If you want to designate a different credit card or there is a change in your credit card status, you must change your credit card information online at the " My Account " section of the SonicFaith Site or by contacting Customer Service at 1-800-399-8506 (There may be a temporary disruption in the ability to use the SonicFaith Service until SonicFaith can verify the validity of the new credit card information.) You agree that SonicFaith may use all legal means available to collect SonicFaith Fees should our attempts to charge your credit card on record fail for any reason. SonicFaith will charge you for any collection agency and legal fees it pays while collecting SonicFaith Fees from you.
  10. Electronic Signatures and Contracts. Your use of the SonicFaith Service 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 SUCH AGREEMENTS AND TO PAY FOR YOUR PURCHASES AND APPLIES TO ALL ELECTRONIC COMMUNICATIONS AND RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE.

YOU CONSENT TO SONICFAITH PROVIDING YOU ANY INFORMATION THAT SONICFAITH IS REQUIRED TO SEND YOU REGARDING YOUR AGREEMENT, PURCHASES AND OTHER TRANSACTIONS ( "REQUIRED INFORMATION" ) IN ELECTRONIC FORM. SONICFAITH MAY PROVIDE REQUIRED INFORMATION TO YOU (1) VIA E-MAIL AT THE E-MAIL ADDRESS YOU SPECIFIED IN YOUR SONICFAITH MEMBERSHIP SUBMISSION, (2) BY ACCESS TO AN SONICFAITH WEBSITE THAT WILL BE DESIGNATED IN AN E-MAIL NOTICE SENT TO YOU AT THE TIME THE INFORMATION IS AVAILABLE, OR (3) BY ACCESS TO AN SONICFAITH WEBSITE THAT WILL BE GENERALLY DESIGNATED IN ADVANCE FOR SUCH PURPOSE. YOU MAY REQUEST A PAPER COPY OF ANY REQUIRED INFORMATION. YOU MAY REQUEST PAPER COPIES, WITHDRAW YOUR CONSENT, OR UPDATE YOUR E-MAIL ADDRESS BY CONTACTING US BY ONE OF THE PROVIDED WRITTEN COMMUNICATION METHODS. SONICFAITH MUST RECEIVE YOUR PAPER COPY REQUEST WITHIN 120 DAYS FROM THE DATE THAT SONICFAITH FIRST PROVIDED THE REQUIRED INFORMATION TO YOU.

IN ORDER FOR YOU TO ACCESS AND RETAIN YOUR ELECTRONIC RECORDS, YOU MUST HAVE THE FOLLOWING HARDWARE AND SOFTWARE: A COMPUTER CAPABLE OF READING TEXT FILES, A MODEM OR OTHER MEANS OF ACCESSING THE INTERNET, AND A BROWSER CAPABLE OF ACCESSING AND DISPLAYING WEB PAGES.

NOTWITHSTANDING YOUR CONSENT AS SET FORTH IN THIS SECTION, YOU MAY AT ANY TIME OBTAIN A PAPER COPY OF AN ELECTRONIC RECORD BY SENDING AN E-MAIL TO US AND PAYING A NOMINAL FEE PER COPY.

YOUR CONSENT TO ELECTRONIC AGREEMENTS SET FORTH ABOVE IS NECESSARY FOR USE OF THE SONICFAITH SERVICE. YOU MAY WITHDRAW CONSENT BY SENDING SONICFAITH AN E-MAIL CONTAINING INFORMATION UNIQUE TO YOU INCLUDING YOUR ACCOUNT INFORMATION; HOWEVER, THIS WILL RESULT IN A TERMINATION OF THIS AGREEMENT AND OF YOUR ABILITY TO USE THE SONICFAITH SERVICE.

  1. Delivery of SonicFaith Content. All SonicFaith Content will be delivered to the "My Downloads" section of the SonicFaith Site.
  2. Availability of SonicFaith Content. We will exercise reasonable efforts to provide the SonicFaith Content in a timely manner. On occasion, technical or supplier problems may delay or prevent delivery. You acknowledge and agree that availability of SonicFaith Content that is not yet created at the time of acceptance of this Agreement (such as time-dated programming) is subject to the creation of such programs by the supplier. Your exclusive and sole remedy with respect to SonicFaith Content that is not delivered within a reasonable period will be replacement of such SonicFaith Content with comparable programs or a pro rata extension of the applicable subscription period.
  3. Intellectual Property.
    1. Removal of SonicFaith Content or other Materials. Notwithstanding any other provision of this Agreement, we reserve the right to remove or disable access to any SonicFaith Content or other materials comprising a part of the SonicFaith Service that violate or otherwise allegedly infringe on the copyright or other intellectual property or proprietary rights of any person, company or other entity. We will in no event be liable for the good faith removal of or disabling of access to any such SonicFaith Content or materials under this Agreement.
    2. Copyrights. All copyrights in and to the SonicFaith Service materials including but not limited to the SonicFaith Site (including the compilation of content, postings, links to other Internet resources and descriptions of those resources), SonicFaith Content, Memberships, SonicFaith Software, or any parts of or content within the SonicFaith Site, SonicFaith Content, Memberships and SonicFaith Software, are owned by SonicFaith and/or its suppliers and/or licensors. THE USE OF ANY SOFTWARE OTHER THAN WEB BROWSERS AND SONICFAITH SOFTWARE ON OR IN CONNECTION WITH THE SONICFAITH SERVICE, SUCH AS PRODUCTS THAT DOWNLOAD THE SONICFAITH SITE OR ANY OF THE PAGES OF THE SONICFAITH SITE, IS STRICTLY PROHIBITED AND INFRINGES ON THE COPYRIGHTS IN AND TO THE SONICFAITH SERVICE MATERIALS. REPRODUCTION OR USE OF THE SONICFAITH SERVICE MATERIALS IN A MANNER OTHER THAN AS SPECIFIED IN THIS AGREEMENT MAY SUBJECT YOU AND OTHERS TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
    3. Digital Millennium Copyright Act. We respect the intellectual property of others. If you believe that your copyrighted materials have been copied in a way that constitutes copyright infringement, please follow the procedure set forth in our Digital Millennium Copyright Act Notice Policy, which is expressly incorporated herein by reference and made a part of this Agreement.
    4. Trademarks. SonicFaith, SonicFaith.com, and other SonicFaith trademarks, service marks, graphics and logos used in connection with the SonicFaith Service are trademarks or registered trademarks of SonicFaith.com, Inc. in the U.S. and/or other countries. Other trademarks, servicemarks, graphics and logos used in connection with the SonicFaith Service are the trademarks of their respective owners. You are granted no right or license with respect to any of the aforedescribed trademarks or service marks and any unauthorized use is strictly prohibited.
  4. Termination.
    1. Termination By SonicFaith. If you fail, or we suspect that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of SonicFaith Fees due, failure to provide SonicFaith with a valid credit card or with accurate and complete Registration Data, failure to safeguard your SonicFaith Account information and password, or violation of the SonicFaith Content License or the SonicFaith Site Access License or any license to SonicFaith Software, SonicFaith, at its sole discretion, may: (A) terminate this Agreement and/or your SonicFaith Account and you will remain liable for all amounts due under your SonicFaith Account up to and including the date of termination; and/or (B) terminate the SonicFaith Content License, the SonicFaith Site Access License and/or licenses to SonicFaith Software; and/or (C) preclude access to the SonicFaith Service (or any part thereof). We will notify you if we take any of the foregoing actions.
    2. Termination of the Service. We reserve the right to modify, suspend or discontinue the SonicFaith Service (or any part thereof) or any SonicFaith Content (or any part thereof) at any time with or without notice to you, and we will not be liable to you or to any third party should we exercise such rights. In the event that we exercise such right, you may be entitled to a refund, in our sole discretion, depending upon your SonicFaith Plan and the other Purchases you have made from the SonicFaith Service.
  5. General Compliance with Laws; Export Restrictions. The SonicFaith Service is controlled and operated by us from our offices within the United States. You agree to comply with all local, state, federal, national and international laws, statutes, ordinances and regulations that apply to your use of the SonicFaith Service, including as they relate to export or re-export into (or to a national or resident of) any country to which the United States embargoes goods or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders .
  6. No Responsibility for Third Party Materials or Web sites. Certain content, SonicFaith Content, products and services available via the SonicFaith Service may include materials from third parties. In addition, we may provide links to certain third party Web sites. With respect to such material, we are a distributor, not a publisher. You acknowledge and agree that we have little or no control over, and are not responsible for examining or evaluating the content or accuracy of any such third party material or Web sites. SonicFaith does not warrant or endorse and does not assume and will not have any liability or responsibility for any third party materials or Web sites, or for any other materials, products or services of third parties. Links to other Web sites are provided solely as a convenience to you.
  7. Limited Express Warranty. Except as expressly provided herein, the SonicFaith Service is provided "AS IS" and "AS AVAILABLE". The SonicFaith Service is only warranted as stated below: 

    SonicFaith warrants that the media in which the SonicFaith Content is provided (e.g., the CD-ROM or the file transmitted to you) will be free from material defects on delivery. If you find a defect in SonicFaith Content that you have received in a tangible medium from SonicFaith or that you have downloaded or attempted to download from the SonicFaith Site, your sole remedy (provided you meet the registration, technical and payment requirements for use of the SonicFaith Service) is to call SonicFaith Customer Service at 1-800-399-8506 and SonicFaith will consult with you on proper downloading procedures and hardware requirements. If, thereafter, you are still unable to download a working copy of SonicFaith Content, you may attempt at a later time to download a new copy of the SonicFaith Content 

    SonicFaith warrants that the SonicFaith Content that you license directly through the SonicFaith Service will be of a quality suitable for human listening and will consist of the SonicFaith Content that was offered via the SonicFaith Service, if obtained pursuant to SonicFaith's instructions using equipment that is in good operating condition and meets the specifications for the SonicFaith Service as provided by SonicFaith. In the event the SonicFaith Content is incomplete or not as warranted above, SonicFaith will provide you with replacement SonicFaith Content or a credit on your SonicFaith Account for the defective material, as determined by SonicFaith in its sole discretion, if you advise SonicFaith of the defect within seven (7) days of first downloading the material by calling 1-800-399-8506 or completing the customer service request form available at the SonicFaith Site. You will be asked to document the defect. A credit can be applied to the Purchase of the same or other SonicFaith Content. 

    There is no warranty, express or implied, on the content, quality, or technical compatibility of audio materials and information services downloaded through the SonicFaith Service but not under the control of SonicFaith. 

    The foregoing warranties do not cover defects caused by viruses, disabling codes, accident, mishandling, misuse, improper installation, service or maintenance, modification of the SonicFaith Software or SonicFaith Content or the media on which the SonicFaith Software and SonicFaith Content are furnished, or the user's lack of the necessary hardware/software. 

    NO SONICFAITH EMPLOYEE, AGENT, DEALER, DISTRIBUTOR, OR RESELLER IS AUTHORIZED TO MAKE ANY MODIFICATION OR ADDITION TO THE WARRANTIES STATED IN THIS PARAGRAPH. THE EXPRESS WARRANTIES STATED ABOVE ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT.
  8. Limitation on Liability.

IN NO EVENT SHALL SONICFAITH HAVE ANY LIABILITY WHATSOEVER FOR ANY LOST PROFITS, RECORDS OR DATA, INTERRUPTION OF SERVICE, OR LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES, INCLUDING WITHOUT LIMITATION, DAMAGES THAT MAY HAVE BEEN CAUSED BY A VIRUS OR OTHER DATA CORRUPTION PROBLEM RESULTING FROM ACCESS TO, DOWNLOADING FROM OR USE OF THE SONICFAITH SERVICE. IN NO EVENT SHALL SONICFAITH HAVE ANY LIABILITY WHATSOEVER ARISING OUT OF ANY MISUSE OF PASSWORDS OR SONICFAITH ACCOUNTS, OR ARISING OUT OF ITS GOOD FAITH REMOVAL OR DISABLING OF ANY SONICFAITH CONTENT. SUBJECT TO THE AVAILABILITY OF THE SONICFAITH CONTENT AND SONICFAITH'S LIMITED EXPRESS WARRANTY HEREIN, SONICFAITH IS NOT RESPONSIBLE FOR ANY CLAIMS INVOLVING THE TIMELINESS, ACCURACY, COMPLETENESS, OR RELIABILITY OF THE SONICFAITH CONTENT YOU DOWNLOAD OR OTHERWISE ACCESS FROM OR THROUGH THE SONICFAITH SERVICE.

WITH RESPECT TO ANY CAUSE OF ACTION BROUGHT UNDER ANY THEORY, INCLUDING BUT NOT LIMITED TO TORT AND CONTRACT, IN NO EVENT SHALL SONICFAITH OR ANY OF ITS SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, ARISING IN CONNECTION WITH OR RELATED TO USE OR INABILITY TO USE SONICFAITH ACCOUNT(S), SONICFAITH SOFTWARE, SONICFAITH CONTENT OR THE SONICFAITH SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL SONICFAITH BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH THE SONICFAITH SERVICE (OR ANY PART THEREOF) IN EXCESS OF THE GREATER OF: (A) THE PRICE PAID BY YOU FOR THE PARTICULAR SOFTWARE OR CONTENT GIVING RISE TO THE DAMAGE, OR (B) TWO HUNDRED FIFTY DOLLARS (US$250).

Some states do not allow the exclusion of implied warranties or incidental or consequential damages, so the above exclusion thereof may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights that vary from state to state.

  1. Indemnity. You agree to indemnify and hold harmless SonicFaith, its affiliates, subsidiaries, shareholders, officers and directors, agents, employees, and partners from any third party claim or demand, including reasonable attorneys' fees for damages and/or costs due to or arising out of your breach of this Agreement and/or your use of the SonicFaith Service, SonicFaith Software, Devices and/or the SonicFaith Content.
  2. Governing Law. This Agreement will be exclusively governed by the laws of the State of New Jersey without regard to its principles on the conflicts of laws.
  3. Arbitration. Any claim or dispute arising from or related to this agreement shall be settled by mediation and, if necessary, legally binding arbitration in accordance with the Rules of Procedure for Christian Conciliation of the Institute for Christian Conciliation, a division of Peacemaker Ministries (complete text of the rules is available at www.peacemaker.net . Judgment upon an arbitration decision may be entered in any court otherwise having jurisdiction. The parties understand that these methods shall be the sole remedy for any controversy or claim arising out of this agreement and expressly waive their right to file a lawsuit in any civil court against one another for such disputes, except to enforce an arbitration decision.
  4. Changes. We reserve the right, at any time and from time to time, to update, revise, supplement and to otherwise modify this Agreement and to impose new or additional rules, policies, terms or conditions on your use of the SonicFaith Service. Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions (collectively referred to in this Agreement as " Additional Terms ") will be effective immediately and incorporated into this Agreement upon notice thereof, which may be given by any reasonable means including by posting to the SonicFaith Site. Your continued use of the SonicFaith Site following such notice will be deemed to conclusively indicate your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
  5. Miscellaneous. This Agreement constitutes the entire agreement between you and SonicFaith, and supersedes any prior agreements between you and SonicFaith, written or oral, with respect to the subject matter herein. Any additional or different terms in any order or written communications from you are void. In the event of a direct conflict between the terms of this Agreement and: (A) other terms and conditions that may be applicable to the SonicFaith Service generally, the terms of this Agreement will control with respect to the subject matter of this Agreement; and (B) the Privacy Policy, Policy on SonicFaith Content Plans, Additional Terms, Software Licenses or Digital Millennium Copyright Notice, the terms and conditions of such statement, document, license or policy will control with respect to the subject matter thereof. In the event of a direct conflict between the terms of this Agreement, including but not limited to the statements, documents and policies incorporated by reference into this Agreement, and the terms and conditions of a particular marketing promotion or offer, the terms of such particular marketing promotion or offer shall control with respect to the such marketing promotion or offer. The failure of SonicFaith to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. SonicFaith will not be responsible for failures to fulfill any obligations due to causes beyond its control. Headings are for convenience only and will not be used to alter the meaning of any provision. You shall not bring a legal action under this Agreement more than two (2) years after the cause of action arose.
Policy on SonicFaith Content Plans

SonicFaith offers various plans for using and paying for the SonicFaith Service, including but not limited to those described below. All such plans for using and paying for the SonicFaith Service shall be referred to herein, collectively, as " SonicFaith Plan(s) ".

A. A La Carte Plan. This is the default SonicFaith Plan. If you are on the A La Carte Plan, you pay for the SonicFaith Content you select and your credit card is charged each time you make a Purchase. If you Purchase any subscription SonicFaith Content ("Membership") , you will be charged for the full price of the Membership at the beginning of the Membership term.

B. SonicFaith Membership Plans. The SonicFaith Membership Plans are generally comprised of plans that are automatically renewable on either a monthly or annual basis. The standard SonicFaith Membership Plans include Basic, Sonic, and Supersonic. At the end of each month or year, as appropriate depending on the SonicFaith Membership Plan you have chosen, your SonicFaith Membership Plan will automatically renew for continuous one (1) month or one (1) year terms thereafter, until terminated by you in accordance with this Policy on SonicFaith Content Plans. Each month, on the monthly anniversary date of the day you signed up for any monthly SonicFaith Membership Plan ( "Monthly Renewal Date" ), and each year, on the yearly anniversary date of the day you signed up for any yearly SonicFaith Membership Plan ( "Yearly Renewal Date" ), SonicFaith will charge your credit card the relevant monthly fee or yearly fee, as applicable, for your chosen SonicFaith Membership Plan (the "Monthly Fee" and "Yearly Fee" respectively).

C. Standard SonicFaith Membership Plans consist of (i) the Basic Membership Plan, (ii) the Sonic Membership Plan, and (iii) the Supersonic Membership Plan, as further described below.

  1. Basic Membership Plan. The Basic Membership Plan is available only on an annual basis and is automatically renewable until terminated by you in accordance with this Policy on SonicFaith Content Plans. Each year, on the Yearly Renewal Date, SonicFaith will charge your credit card the relevant Yearly Fee for the Basic Membership Plan. Those who have joined the Basic Membership Plan ("Basic Members") are entitled to purchase SonicFaith Content on the SonicFaith Site at a discount below the non-membership cash purchase price for the SonicFaith Content, which was specified at the time you joined your membership.
  2. Sonic Membership Plan. The Sonic Membership Plan is available either on a monthly or annual basis. The Sonic Membership Plan is automatically renewable until terminated by you in accordance with this Policy on SonicFaith Content Plans. Each month or year, as applicable, on the Monthly Renewal Date or Yearly Renewal Date respectively, SonicFaith will charge your credit card the relevant Monthly Fee or Annual Fee, as applicable, for the Sonic Membership Plan. The Sonic Membership Plan entitles you to purchase SonicFaith content on the SonicFaith Site at a discount below the non-membership cash purchase price for the SonicFaith Content, which was specified at the time you joined your membership. The Sonic Membership Plan also entitles you to a number of Membership Credits (defined below), specified at the time you join, with which you can purchase SonicFaith Content on the SonicFaith Site. Those who have joined under a Sonic Membership Plan ("Sonic Members") , will also have the ability to keep the number of SonicFaith Rollover Credits specified at the time of joining, so long as their Sonic Membership Plan is in effect. Sonic Members will also receive a complimentary Membership to SonicFaith Content determined by SonicFaith, in its sole discretion. The minimum commitment term for a Sonic Membership Plan is three months, unless the Sonic Member opts to upgrade his or her Membership Plan; in this case, the cumulative minimum commitment term is three months.
  3. Supersonic Membership Plan. The Supersonic Membership Plan is generally the same as the Sonic Membership Plan, however, the number of Credits you receive, and the number of Credits that are considered SonicFaith Rollover Credits is greater. The Supersonic Membership Plan is available either on a monthly or annual basis. The Supersonic Membership Plan is automatically renewable until terminated by you in accordance with this Policy on SonicFaith Content Plans. Each month or year, as applicable, on the Monthly Renewal Date or Yearly Renewal Date respectively, SonicFaith will charge your credit card the relevant Monthly Fee or Annual Fee, as applicable, for the Supersonic Membership Plan. The Supersonic Membership Plan entitles you to purchase SonicFaith content on the SonicFaith Site at a discount below the non-membership cash purchase price for the SonicFaith Content, which was specified at the time you joined your membership. The Supersonic Membership Plan also entitles you to a number of Membership Credits, specified at the time you join, with which you can purchase SonicFaith Content on the SonicFaith Site. Those who have joined under a Supersonic Membership Plan ("Supersonic Members") , will also have the ability to keep the number of SonicFaith Rollover Credits specified at the time of joining, so long as their Supersonic Membership Plan is in effect. Supersonic Members will also receive a complimentary Membership to SonicFaith Content determined by SonicFaith, in its sole discretion. The minimum commitment term for a Supersonic Membership Plan is three months, unless the Supersonic Member opts to upgrade his or her Membership Plan; in this case, the cumulative minimum commitment term is three months.

D. Committed Membership Plans. Committed Membership Plans work in the same manner as the Sonic Membership Plan, and the Supersonic Membership Plan, as described above where payment is on a monthly basis. For Committed Membership Plans, however, members will receive a gift for joining (such as a Device, or a discount on the purchase of a Device), in exchange for their commitment to remain a member for the period of time specified at the time of joining (the "Commitment Period") . You may elect to accelerate the payment schedule and pay all sums due for the Commitment Period. Such payment fulfils your commitment, converting your membership to a standard monthly Sonic or Supersonic Membership Plan, as applicable.

E. Trial Offers. SonicFaith may, in its sole discretion, make available free or paid trial offers to registered users and others for a monthly or annual Sonic or Supersonic Membership Plan (a "Trial Offer") . Trial Offers are generally for a short period of time (e.g., thirty (30) days) and are available for free or for a fee. The length and cost of the Trial Offer will be specified at the time of joining. Those who participate in a Trial Offer ( "Trial Members" and together with Basic Members, Sonic Members and Supersonic Members, collectively "Members" ) will have all of the same membership benefits as the related Sonic or Supersonic Membership Plan. Trial Members may switch to a Membership Plans during their Trial Offer period, subject to the rules relating to upgrading and downgrading specified in Paragraph G below. Upon expiration of any trial period, you will automatically be joined into the related Sonic or Supersonic Membership Plan and SonicFaith will charge your credit card the relevant Monthly Fee or Annual Fee, as applicable. Trial Offers are limited to one per household.

F. Credits. Upon joining or renewing an SonicFaith Plan, or for other reasons specified at the time you joined your membership, Sonic and Supersonic Members receive credits which may be used for purchasing SonicFaith Content on the SonicFaith Site ( "Credits" ). Credits may not be used to purchase Devices, other hardware or accessories. If you make purchase SonicFaith Content in excess of your number of available Credits under your chosen SonicFaith Plan, your credit card will be billed the appropriate discounted price available to Basic Members. Credits include, without limitation, Membership Credits, Complimentary Credits, Friends Credits, Gift Credits and Trial Bonus Credits, as specified below.

  1. Membership Credits. "Membership Credits" are those Credits which Sonic and Supersonic Members receive on a monthly or annual basis to purchase SonicFaith Content on the SonicFaith Site. The number of Membership Credits you receive depends on the level and type of SonicFaith Plan and is specified at the time you joined your membership. Depending on the level and type of your SonicFaith Plan, Membership Credits will be available for you to use for purchases for the period of time specified when you received such Credits, however, a certain number of Credits will be available for you to use for purchases as long as you remain a member ("SonicFaithListener Rollover Credits") .
  2. Complimentary Credits. "Complimentary Credits" are those Credits which members and non-members may receive through, without limitation, goodwill, member anniversaries, no-risk listen opportunities, or in other situations, in each case as determined by SonicFaith, in its sole discretion. Complimentary Credits expire three hundred sixty-five (365) days after the date of issue.
  3. Friends Credits. Friend credits let you share your audio credits by buying audiobooks and programs for the people you know.
  4. Gift Credits. "Gift Credits" are those Credits which members and non-members may receive via SonicFaith's gift products program (e.g., gift cards, gift certificates, etc.). Gift Credits may or may not expire, depending on your state of residence and whether they were purchased or received for free. All terms and conditions of the Gift Credits, including expiration date, if any, are specified on the gift product.
  5. Trial Bonus Credits. "Trial Bonus Credits" are those Credits which members receive as part of a Trial Offer. Trial Bonus Credits expire in the same manner as Membership Credits.

G. Upgrading or Downgrading a Plan. You may upgrade your SonicFaith Membership Plan category on the SonicFaith Site by yourself. You may, subject to any minimum term commitment that may apply, downgrade your SonicFaith Membership Plan category online or by contacting Customer Service via telephone at 1-800-399-8506. Such SonicFaith Account changes will be effective as of the date of your request. You agree to pay any additional fees that may be applicable to your new SonicFaith Plan. SonicFaith Plans may be upgraded or downgraded more specifically as follows:

  1. Basic Membership Plan. Basic Members can upgrade to either a Sonic Membership Plan or a Supersonic Membership Plan. Any available Credits that a Basic Member has accumulated will be transferred to such new membership plan, and may become SonicFaith Rollover Credits in accordance with the rules for such new membership plan. Basic Members cannot downgrade to another SonicFaith Plan.
  2. Sonic Membership Plans. Upgrades. Sonic Members can upgrade to a Supersonic Membership Plan. Any available Credits, including any SonicFaith Rollover Credits, that a Sonic Member has accumulated will be transferred to such new upgraded membership plan, and may become SonicFaith Rollover Credits in accordance with the rules for such new membership plan. Upon any upgrade, SonicFaith will charge your credit card the relevant additional fee for the Supersonic Membership Plan. Downgrades. Sonic Members can downgrade to a Basic Membership Plan. Any available Credits, including any SonicFaith Rollover Credits that a Sonic Member has accumulated will be transferred to such new downgraded membership plan, in accordance with the rules for such new membership plan. Any complimentary Membership that you are entitled to receive as part your Sonic Membership Plan will expire upon any downgrade to a Basic Membership Plan.
  3. Supersonic Membership Plans. Upgrades. Supersonic Members cannot upgrade to any other Membership Plan. Downgrades. Supersonic Members can downgrade to either a Sonic Membership Plan or a Basic Membership Plan. Any available Credits, including any SonicFaith Rollover Credits that a Platinum Member has accumulated and that have not expired will be transferred to such new downgraded membership plan, in accordance with the rules for such new membership plan. Any complimentary Membership that you are entitled to receive as part your Platinum Membership Plan will expire upon any downgrade to a Basic Membership Plan.
  4. Committed Membership Plans. If you joined pursuant to a Committed Membership Plan, you may only upgrade or downgrade to another Committed Membership Plan.

H. Cancellation of Your SonicFaith Content Plan. Subject to the provisions of this Paragraph H, you may cancel your SonicFaith Membership Plan online or by contacting the SonicFaith Customer Service Department via telephone at ######## PHONE NUMBER. SonicFaith will be entitled to rely on a notice of cancellation that appears legitimate and cancel service on that basis. SonicFaith's responsibility for improper cancellation is limited to reinstating your SonicFaith Plan or to offering a refund, at SonicFaith's sole discretion.

  1. Monthly Standard Membership Plans. Members belonging to monthly standard Membership Plans may cancel their membership at any time. Members will not receive a full or partial refund of any Monthly Fee including, without limitation, the Monthly Fee for the month in which the membership was cancelled. Upon cancellation (a) all available Credits, other than Gift Credits or Complimentary Credits, will expire and (b) all complimentary Memberships will expire.
  2. Committed Membership Plans. Members belonging to Committed Membership Plans may not cancel their membership until the expiration of the Commitment Period. After the expiration of the Commitment Period, Members belonging to Committed Membership Plans may cancel their membership at any time but members will not receive a full or partial refund of any Monthly Fee including, without limitation, the Monthly Fee for the month in which the membership was cancelled, . Upon cancellation (a) all available Credits, other than Gift Credits or Complimentary Credits, will expire and (b) all complimentary Subscriptions will expire.
  3. Annual Membership Plans. Annual Membership Plans, whether standard or committed, may only be cancelled to receive a refund within the first thirty (30) days after the Annual Renewal Date, so long as you have not used any of your Membership Credits or your membership discount for your new membership year during such thirty (30) day period. The Yearly Fee for Annual Membership Plans is otherwise non-cancelable and non-refundable. Upon cancellation (a) all available Credits, other than Gift Credits or Complimentary Credits, will expire and (b) all complimentary Subscriptions will expire.
  4. Trial Offers. Trial Offers may be cancelled during the trial period, or the Trial Offer will be converted to a related Membership Plan, which may then be cancelled to receive a refund of the Monthly Fee or Yearly Fee, as applicable, within thirty (30) days of conversion, so long as you have not used any of your Membership Credits or your membership discount for your new membership year or month during such thirty (30) day period. The Monthly Fee and Yearly Fee are otherwise non-refundable.

DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE POLICY
Consistent with the Digital Millennium Copyright Act, if you believe that your copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our designated agent for notices of infringement and provide the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

A description of the copyrighted work that you claim has been infringed;

A description of where the material that you claim is infringing is located on the SonicFaith Site;

Your address, telephone number, and email address;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Please contact us for information of our designated agent for notice for claims of copyright infringement.

NOTE: THE ABOVE CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING SONICFAITH THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS), WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS AND SHOULD BE DIRECTED TO OUR CUSTOMER SERVICE GROUP AT VIA EMAIL THROUGH OUR CONTACT PAGE OR BY PHONE TO 1-800-399-8506.

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