Shift App

Terms of Agreement

Introduction

Welcome to ShiftWorship.com™ (the “Site”), which is owned and operated by VMG, Inc. dba Shift Worship (“Shift Worship”). By signing in, accessing or otherwise using any part of the Site, you unconditionally agree to follow and be bound by these Terms and Conditions of Use (the “Terms”). If you do not agree with the Terms, you must immediately logout and discontinue use of the Site.

License and Site Access

All of the material on this Site is owned by or licensed to Shift Worship. Shift Worship grants You, Your Organization and/or Church (hereafter, the "Customer") a limited, nonexclusive, revocable license to access and make personal, non-commercial use of the content made available from time to time on the Site, including backgrounds, stills, motions, still backgrounds, motion backgrounds, countdowns, collections, splash screens, textures, typography, video, video backgrounds, video motion backgrounds, text, starters, audio, music, sound, sound effects, short films, mini movies, motion pictures and voice overs (collectively, the “Shift Worship Multimedia Content”). This license does not include any right to (i) download, reproduce, copy or modify the Shift Worship Multimedia Content, or any portion or derivative thereof; or (ii) the resale or commercial use of the Shift Worship Multimedia Content or any derivative work thereof (unless the Customer has a written contract with Shift Worship which authorizes such use). Content may not be posted on another website or distributed through a third party web site (i.e. YouTube, Vimeo or similar). License only allows for display within your organization, church, conference center (or similar).

Privacy

Please review Shift Worship’s Privacy Policy which also governs your use of the Site.

All Access Pass

Subscription to the Shift Worship All Access Pass is on an annual basis, and will be renewed automatically if credit card information is current. Notification will be sent to the Customer prior to renewal to provide option of cancellation or to update payment information, as to not interrupt a subscription.

Age of Users

The Site is targeted to individuals age 18 or older. Individuals under the age of 18 (“Minors”) are not permitted to use the Site without the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are the parent or guardian agreeing to these Terms on behalf of a Minor, you are fully responsible for the Minor’s use of the Site, including all financial charges and legal liability that the Minor may incur. We do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an account. Should we learn that someone under the age of 13 has provided any personal information to our Site, we will remove that information as soon as possible.

Intellectual Property

Unless otherwise noted, all images, photographs, animations, video, mini movies, short films, audio, music, sounds, and text, the overall "look and feel", processes, software, technology, the Shift Worship Multimedia Content, and any other materials which appear on the Site, and the business processes used to market products and services are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Shift Worship and are protected by copyright and other intellectual property laws. The compilation of all contents on this Site is the exclusive property of Shift Worship and is also protected by copyright laws. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Shift Worship’s or any third party's intellectual property rights, except as set forth in these Terms.

The Shift Worship names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of VMG, Inc. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.

Site Security

The Customer is responsible for keeping the Customer’s password secret and secure. The Customer is prohibited from violating or attempting to violate the security of the Site, including, without limitation, (i) accessing data not intended for the Customer’s use or logging onto a server or an account which the Customer is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any user, host or network, including without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” or (iv) sending unsolicited communications, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability.

The Customer agrees not to use any device, technique, software, system or routine to interfere or attempt to interfere with, or to otherwise circumvent the proper working of the Site or any activity being conducted on the Site. The Customer agrees, further, not to use or attempt to use any engine, device, technique, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, scrapers, crawlers, avatars or intelligent or automated tools, agents or means of data gathering and extraction;) to navigate, access or search this Site, other than generally available third party web browsers such as Microsoft Internet Explorer™, Google Chrome™, and Mozilla Firefox™. Additionally, the Customer agrees that the Customer will not take any action that imposes or may impose (in the sole discretion of Shift Worship) an unreasonable or disproportionately large load on Shift Worship’s infrastructure, or the bandwidth or infrastructure of the company that hosts the Site, or bypass the robot exclusion headers or other measures on the Site or on the host servers that may be used to prevent or restrict access.

Violation of the Terms

Any unauthorized use terminates the permission or license granted by Shift Worship. Shift Worship shall have the right to temporarily or indefinitely suspend or terminate the Customer’s right to use or access all or any part of the Site, including any account therein, without notice and without liability to the Customer, for any reason in Shift Worship’s sole discretion, including if the Customer violates any of the Terms. Shift Worship shall have all additional rights and remedies at law and in equity arising from such violation.

Indemnification

The Customer (and any third party for whom you operate an account or activity on the Site) agree to indemnify, defend and hold Shift Worship, and its affiliates, suppliers, owners, officers, employees and agents harmless from all claims, actions, losses, liabilities, damages, costs and expenses (including attorneys’ fees) arising out of, relating to, or in any way connected with any of the following: (i) the Customer’s User Content or the Customer’s access to or use of the Site; (ii) the Customer’s breach or alleged breach of these Terms; (iii) the Customer’s violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) the Customer’s violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by the Customer. The Customer will cooperate as fully required by Shift Worship in the defense of any claim. Shift Worship reserves the right to assume the exclusive defense and control of any matter subject to indemnification by the Customer, and the Customer will not in any event settle any claim without the prior written consent of Shift Worship.

Accuracy

Shift Worship, its employees, affiliates, and suppliers make no warranty or representation as to the accuracy of information on the Site and assume no liability for any errors or omissions in any portion of the Site and its content, including the Shift Worship Multimedia Content. Shift Worship reserves the right to change or discontinue any or all parts of this Site, including the Shift Worship Multimedia Content. All information and services provided through this Site are subject to change without prior notice at any time.

Disclaimer

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO THE CUSTOMER THROUGH THE SITE ARE PROVIDED BY SHIFT WORSHIP ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SHIFT WORSHIP DISCLAIMS ALL WARRANTIES, AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO ANY OF THE FOLLOWING: (A) AS TO THE OPERATION OF THE SITE; (B) THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO THE CUSTOMER THROUGH THE SITE; (C) THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (D) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE OR PRODUCTS PROVIDED THROUGH THE SITE; OR (E) THAT THE SITE, ITS SERVERS OR COMMUNICATIONS SENT FROM OR ON BEHALF OF SHIFT WORSHIP ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS. THE CUSTOMER EXPRESSLY AGREES THAT THE CUSTOMER’S USE OF THE SITE IS AT THE CUSTOMER’S SOLE RISK.

Limitation of Liability

SHIFT WORSHIP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORZIED ACCESS TO SHIFT WORSHIP’S RECORDS, PROGRAMS, OR SERVICES. THIS PARAGRAPH SHALL APPLY TO ALL CONTENT (INCLUDING THE SHIFT WORSHIP MULTIMEDIA CONTENT), PRODUCTS, AND SERVICES AVAILABLE THROUGH THE SITE. SHIFT WORSHIP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE SITE, OR THE PURCHASE OR DOWNLOAD OF ANY CONTENT EVEN IF SHIFT WORSHIP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

No Waiver

Any delay or failure to act with respect to a breach of these Terms by you or others does not constitute a waiver and shall not limit such rights with respect to such breach or any subsequent breaches.

Applicable Law; Severability

These Terms shall be governed by and construed in accordance with the laws of the State of Nebraska. If any provision of these Terms is held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the remainder of these Terms, which shall be given full effect. The Customer agrees that any and all disputes, claims and causes of action arising out of or connected with the use or this Site or on-line ordering from Shift Worship (i) shall be resolved individually, without resort to any form of class action; and (ii) shall be resolved exclusively by the United States District Court or the appropriate Nebraska court located in Lancaster County, Nebraska, and you agree to submit to the nonexclusive personal jurisdiction of such courts and waive any objection to the laying of venue of any litigation in said courts.

Changes to ShiftWorship.com™ Terms and Conditions of Use

These Terms were last updated on February 26, 2014. Shift Worship reserves the right to update or modify these Terms at any time without prior notice to you. For this reason, Shift Worship recommends that the Customer review these Terms whenever the Customer visits the Site. These Terms represent the entire agreement between the Customer and Shift Worship regarding the use of the Site.

Notices

The Customer authorize Shift Worship to send the Customer notifications to the contact information the Customer provides. The Customer confirms that the Customer is the only person who opens communications at the contact information the Customer has provided or that if anyone else opens the communications, the Customer waives any claims of a violation of the Customer’s privacy or of potential third party disclosure.

Digital Millennium Copyright Act

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by the Site infringe your copyright, you (or your agent) may send Shift Worship a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Shift Worship to locate the material on the Site; (d) the name, address, telephone number and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Shift Worship a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this website should be sent to: VMG, Inc. 745 D Street, Lincoln, NE 68502. Shift Worship suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

For more details please contact us at:

Shift Worship
VMG, Inc.
745 D Street
Lincoln, NE 68502
1-877-603-2346
info@shiftworship.com

Copyright © 2014 VMG, Inc. All rights reserved.