Terms and Conditions The Service AUDIOPOT provides a centralized location where users may review and download audio material relating to the Christian faith. Audio producers may contribute new audio for evaluation and publishing on the site. Properly submitted materials will be included on AUDIOPOT subject to the following terms, conditions and notices. Your use of AUDIOPOT is based on your acceptance, without modification, of these Terms. We reserve the right, in our sole discretion, to modify these Terms at any time, effective upon the date we post a new set of Terms on AUDIOPOT. Your continued use of AUDIOPOT constitutes your binding acceptance of these Terms, including any changes or modifications that we may make. If any part of these Terms or any future changes to these Terms are not acceptable to you, you may cancel your membership of AUDIOPOT by contacting us. We also reserve the right, in our sole discretion, to restrict, suspend or terminate your access to all or to any part of AUDIOPOT at any time for any reason without prior notice or liability. We may change, suspend or discontinue all or any aspect of AUDIOPOTat any time, including the availability of any AUDIOPOT feature, database, or content, without prior notice or liability. We reserve the right to remove any material that you submit to AUDIOPOT for any reason without prior notice to you and without liability to us. Our goal is to ensure timely processing services; however, we do not guarantee that your submission will be processed within the expected timeframes. We will not have any liability to you as a result of service outages that are caused by our maintenance on the servers or the technology that underlies AUDIOPOT, failures of our service providers (including telecommunications, hosting and power providers) computer viruses, natural disasters or other destruction or damage of our facilities, an act of God, war, civil disturbance or other cause beyond our reasonable control. You also understand that our Service may include advertisements. Content On Our Sites All audio material published on AUDIOPOT is protected by our copyright or those of our contributors. You may not participate in the sale of, create derivative works of, or in any illegal way exploit any of the materials or content on AUDIOPOT in whole or in part. Audio may be broadcast by electronic means as long as the relevent PRS license is obtained by the person broadcasting the material and any music copyright details included with the item are submitted. Any views expressed within any audio item are not necessarily views endorsed by HCJB-UK. You may be exposed to content that you find offensive or objectionable or that is inaccurate and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable. Your Use of Third Party Sites Our inclusion on AUDIOPOT of any third party content or a link to a third party site is not an endorsement of that content or third party site. Your Conduct On Our Sites When we request registration information from you, you will provide us with true, accurate, current and complete information. You will promptly update your registration to keep it accurate, current and complete. If we issue you a password, you may not reveal it to anyone else. You may not use anyone else's password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. You also agree to exit from your accounts at the end of each session. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements. If you change your email address you will notify us immediately so we can update our records. If you choose a username that, in our sole discretion, is obscene, indecent or abusive, we reserve the right, without prior notice to you, to automatically change your username and deny you access to AUDIOPOT. The technology and software underlying AUDIOPOT is the property of HCJB-UK. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in or otherwise transfer any right to the technology or software underlying AUDIOPOT. You agree not to modify the software underlying AUDIOPOT in any manner or form, or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to AUDIOPOT Without limiting the foregoing, you agree that you will not use AUDIOPOT to take any of the following actions: 1. Publish, post, upload, email, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful content; 2. Restrict or inhibit any other user from using and enjoying any functions of AUDIOPOT; 3. Collect or store personal information about other end users; 4. Interfere with or disrupt AUDIOPOT servers; 5. Forge headers or other data in order to disguise the origin of any content transmitted through AUDIOPOT, or to manipulate your presence on AUDIOPOT; 6. Take any action that imposes an unreasonably or disproportionately large load on our infrastructure. 7. Engage in any illegal activities Unauthorized access to AUDIOPOT is a breach of these Terms and a violation of the law. You agree not to access AUDIOPOT by any means other than through the interface that is provided by HCJB-UK. You agree not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor or copy any part of AUDIOPOT. Use of AUDIOPOT is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of AUDIOPOT. Copyright All editorial content and graphics on AUDIOPOT is protected by UK copyright and may not be copied without the express permission of HCJB-UK, which reserves all rights. Re-use of any of HCJB-UK's content and graphics for any purpose without HCJB-UK's permission is strictly prohibited. DO NOT copy or adapt the HTML or other code that HCJB-UK creates to generate pages. As a courtesy to owners of intellectual property rights, we are willing to perform a limited investigation of reasonable complaints. However, we provide no guarantee that we will remove the allegedly infringing materials from our site. We encourage the owners of intellectual property rights who believe their rights are being infringed by AUDIOPOT to contact us directly. If you believe that your intellectual property rights have been violated by HCJB-UK or by a third party who has included material on AUDIOPOT, please provide the following information to us: 1. a description of the copyrighted work or other intellectual property that you claim has been infringed; 2. a description of where the material that you claim is infringing is located on AUDIOPOT; 3. your address, telephone number and email address where HCJB-UK can contact you; 4. a statement that you have a good faith belief that the use is not authorized by the copyright or other intellectual property rights owner, its agent or by law; 5. a statement by you that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on behalf the owner's behalf. We may request additional information before we remove any infringing material. We may provide the alleged infringing party with your email address so that that person can respond to your allegations. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter. If your materials have been removed based on the complaints of another party, HCJB-UK will provide you with notice if your materials are removed due to alleged infringement of a third party's intellectual property rights. We will also provide you with the email address of the complaining party so that you may attempt to resolve the issue. We will restore your materials upon notification from the complaining party that the dispute has been resolved. Contributor's Requirements Registered users of AUDIOPOT may only submit audio material to the site when invited to do so by HCJB-UK. When registering, users have the option to tell AUDIOPOT whether they are audio producers. After reviewing this information HCJB-UK will decide at their discretion whether to invite the user to contribute audio material to the site. Contributing audio to AUDIOPOT does not guarantee that we will include it on the site. Your Contribution By contributing audio material to AUDIOPOT, you represent and warrant that: 1. HCJB-UK, our trustees and officers shall not be required to make any payments with respect to material that you submit to AUDIOPOT, including, but not limited to, payments to you, third parties or persons who contributed to or appear in your materials; 2. The material that you submit to AUDIOPOT does not contain any third party's sound recording or musical composition and will not infringe on any third party's copyright or other proprietary rights, rights of publicity or privacy or moral rights; 3. The material that you submit is not and will not violate any law, statute, ordinance or regulation; 4. The material that you submit is not and will not be defamatory, libelous, pornographic or obscene; 5. You are at least eighteen years of age. By submitting sound recordings to HCJB-UK, you grant us a worldwide, royalty-free, non-exclusive license to: make your material accessible as an audio stream, make your material available for download by registered AUDIOPOT users, broadcast, encode, edit, alter, modify, reproduce, transmit, and distribute in whole or in part, alone or in compilation with content provided by third parties, through any medium now known or hereafter devised for the purpose of demonstrating, promoting or distributing your material, to users seeking to download or otherwise acquire it and for storing the work in a remote database accessible by users. You are solely responsible for all materials that you upload, post, email, transmit or otherwise make available on AUDIOPOT. Indemnification You hereby agree to indemnify, defend and hold HCJB-UK, and all of our trustees, directors, employees, partners harmless from and against any and all liability, losses, costs and expenses (including legal fees) incurred by any HCJB-UK Party in connection with any claim including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement or trademark infringement arising out of: 1. Your use of AUDIOPOT; 2. Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you; 3. The content, quality or performance of content that you submit to AUDIOPOT; 4. Your connection to AUDIOPOT; 5. Your violation of these Terms; or 6. Your violation of the rights of any other person or entity. We reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. Disclaimers We disclaim any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using search results from AUDIOPOT. WE DO NOT WARRANT THAT AUDIOPOT WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON AUDIOPOT. AUDIOPOT AND ITS CONTENTS ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH AUDIOPOT IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) AUDIOPOT WILL MEET YOUR REQUIREMENTS, (ii) AUDIOPOT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF AUDIOPOT WILL BE ACCURATE OR RELIABLE, (iv) ANY ERRORS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF OUR SITES AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER SHALL HCJB-UK BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE AUDIOPOT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of AUDIOPOT or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. These Terms, including all terms, conditions and policies that are incorporated into these terms by reference, constitute the entire agreement between you and HCJB-UK and govern your use of AUDIOPOT, superceding any prior agreements that you may have with us. Updated May 6th 2004