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General Terms and Conditions of Use

The following General Terms and Conditions of Use govern your use of GMA, Inc.'s website (the "Website"). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. YOUR USE OF THE WEBSITE CONSTITUTES YOUR UNCONDITIONAL AGREEMENT TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS. GMA reserves the right to update or modify these General Terms and Conditions of Use at any time without prior notice. Your use of the Website following any such change constitutes your unconditional agreement to follow and be bound by the General Terms and Conditions of Use as changed.

1. Intellectual Property. Unless otherwise noted, all materials, including images, text, illustrations, designs, icons, photographs, programs, video clips, songs, and written and other materials that are part of this Website (collectively, the "Materials") are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by GMA, one of its affiliates, or by third parties who have licensed their materials to GMA, and are protected by U.S. and international laws. The GMA names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of GMA (the "Trademarks"). The Materials and the Trademarks may not be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for any purpose without the express written permission of GMA. You may not use any Trademark or any content contained in the Materials in any manner that may give a false or misleading impression or statement. Nothing on this Website shall be construed as conferring any license of any intellectual property rights, whether by estoppel, implication or otherwise.

2. Links. Any hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply GMA's endorsement, sponsorship or recommendation of the third party, information, product or service. GMA is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. You understand and agree that GMA is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content of any such site or goods or services available through any such site.

3. Use of Personal Information. GMA does not sell, rent, lend or give personally identifiable information collected from you on the Website to third parties. Information submitted in connection with event registration and membership registration may be used for mailing GMA materials and for promoting GMA events. Information submitted in connection with event registration may also be provided to sponsors of the events from time to time; in such cases, opt-out instructions will be on the registration form. GMA tracks and archives user information for statistic purposes only. In some limited instances GMA may be required by law enforcement or judicial authorities to provide personally identifiable information. In these cases, we will provide this information as and to the extent we have determined that the disclosure of any such information is appropriate.

4. Children. This Website is directed toward and designed for use by persons aged 13 or older. GMA will not approve, establish, or maintain accounts or memberships for any child whom GMA knows to be under the age of 13. GMA does not solicit or knowingly collect personally identifiable information from children under the age of 13. If GMA nevertheless discovers that it has received personally identifiable information from an individual who indicates that he or she is, or whom GMA otherwise has reason to believe is, under the age of 13, GMA will delete such information from its systems. Additionally, a child's parent or legal guardian may request that the child's information be deleted from GMA's files by contacting the Gospel Music Association, 1205 Division Street, Nashville, TN 37203.

5. Membership Information. When you become a GMA member, you will be assigned a GMA Member I.D. and Password to be used for accessing "Members Only" areas of the Website. You agree to take full responsibility for maintaining the confidentiality of your account user I.D. and Password. If you violate the terms of this Article or these General Terms and Conditions of Use, GMA may, at its sole discretion, terminate your account, remove or modify any account-related content or access, or take any other action that GMA believes is appropriate.

6. ePROFILE.

    a. As a GMA Member, you may create an electronic press kit, which is displayed in ePROFILE, to promote your ministry or business. By posting information or materials in your ePROFILE, you are warranting and representing that you vouch for its accuracy and authenticity; that you are not infringing the rights of any third party; and that you unconditionally agree to follow and be bound by these General Terms and Conditions of Use and the ePROFILE Terms of Use.

    b. GMA is not responsible for and does not make any representations regarding the content, accuracy, or ownership of materials, information, or songs posted on ePROFILE. GMA is not responsible or liable, directly or indirectly, for any infringement, damage or loss caused or alleged to be caused by or in connection with your or third parties' use of or reliance on any content posted in your ePROFILE.

    c. Reporting an Intellectual Property Infringement. If you have a good faith belief that a song or other material posted in an ePROFILE infringes your copyright, trademark, or other intellectual property rights, please request a Notice of Claimed Infringement (NCI) form from the GMA, fill it out, and then fax it back to GMA at 615-254-9755 to obtain removal of the material that is claimed to be infringing.

7. Classified Advertising.

    a. GMA allows Members to post classified ads in the Classifieds. By posting a classified ad, you unconditionally agrees to follow and be bound by these General Terms and Conditions of Use and the Classifieds' Terms of Use.

    b. GMA is not involved in the actual transaction between buyers and sellers, and is not a party in any purchase; therefore, GMA has no control over, and is not responsible for, the quality, safety or legality of the products advertised, the truth or accuracy of the ads, the ability of sellers to sell items, or the ability of buyers to pay for any products.

    c. Reporting an Intellectual Property Infringement. If you have a good faith belief that material posted in the Classifieds section infringes your copyright, trademark, or other intellectual property rights, please request a Notice of Claimed Infringement (NCI) form from the GMA, fill it out, and then fax it back to GMA at 615-254-9755 to obtain removal of the material that is claimed to be infringing.

8. Credit Card Information. GMA has taken reasonable steps to ensure all information received from you is secure from unauthorized access and use. All transactions are completed on a secure server.

9. Unsolicited Materials. While we welcome your comments and feedback regarding this Website, GMA is under no obligation to respond to all pieces of correspondence received through this Website, to maintain your submitted comments in confidence, or to pay compensation of any kind for your comments or submissions. All unsolicited comments, feedback, ideas, suggestions, and other submissions that are disclosed or submitted to GMA through this Website shall become and remain the property of GMA. Any such submission by you is a declaration of the full release of all proprietary claims and/or intellectual rights regarding your submission.

10. Disclaimer. THE CONTENTS OF THIS WEBSITE ARE PROVIDED "AS IS," AND GMA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEBSITE OR ITS CONTENTS. GMA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

11. Limitation of Liabilities. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL GMA OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS, BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR DAMAGES, SPECIAL, CONSEQUENTIAL OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR ANY INFORMATION OR CONTENT CONTAINED HEREIN EVEN IF ADVISED OF THE POSSIBILITY THEREOF. THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. GMA LIABILITY, AND THE LIABILITY OF GMA AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE MEMBERSHIP FEE PAID TO GMA FOR THE YEAR DURING WHICH THE ACTION GIVING RISE TO LIABILITY AROSE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental of consequential damages, so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary from jurisdiction to jurisdiction.

12. Indemnity. You agree to defend, indemnify and hold harmless GMA, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from any non-compliance by you with these General Terms and Conditions of Use, and any claims brought by third parties arising from or related to your access and use of the Website, ePROFILEs, and/or the Classifieds, including the information obtained through the Website.

13. Disputes. These General Terms and Conditions of Use and any terms of use set forth on this website will be governed by and construed in accordance with the laws of the State of Tennessee, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to these General Terms and Conditions of Use or any terms of use set forth on this website will be filed only in the state or federal courts located in Nashville, Tennessee.

14. Contact Information. Should you have any questions concerning these General Terms and Conditions of Use or comments about the site, we encourage you to contact the Gospel Music Association, 1205 Division Street, Nashville, TN 37203.

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