Updated 4/29/20

PLEASE READ THESE TERMS OF USE (COLLECTIVELY THE “AGREEMENT”, “TERMS OF USE”, “TERMS OF SERVICE” OR “TERMS”) CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY GOSPEL PRODUCERS LLC (“GOSPELPRODUCERS.COM”, “GOSPEL PRODUCERS”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS OF SERVICE FOR YOUR USE OF THE WEBSITES AT GOSPELPRODUCERS.COM or ESESSION.COM (HEREINAFTER COLLECTIVELY REFERRED TO IN THE SINGULAR AS THE “SITE” or “PLATFORM”) AND ALL SERVICES PROVIDED BY GOSPEL PRODUCERS ON THE SITE (THE “SERVICES”). BY USING THE SITE AND/OR SERVICES OFFERED BY GOSPEL PRODUCERS, AND INCLUDING BUT NOT LIMITED TO BROWSING THE SITE, YOU, WHETHER AN INDIVIDUAL OR AN ENTITY, (THE “USER” OR “YOU”) ARE EXPRESSLY AGREEING TO BE BOUND BY THESE TERMS OF SERVICE INCLUDING THOSE ADDITIONAL TERMS OF USE AND POLICIES REFERENCED HEREIN. BY USING THE SITE AND/OR SERVICES OFFERED BY GOSPEL PRODUCERS YOU HEREBY WAIVE ANY AND ALL CLAIMS CHALLENGING THE APPLICABILITY OR BINDING NATURE OF THE TERMS OF SERVICE. THESE TERMS APPLY TO ALL USERS OF THE SITE, INCLUDING WITHOUT LIMITATION USERS WHO ARE A BUSINESS ENTITY, CUSTOMERS, BUYERS, MERCHANTS, SELLERS, CONTRIBUTORS OF

CONTENT, INFORMATION AND OTHER MATERIALS OR

SERVICES ON THE SITE. IF YOU DO NOT AGREE WITH THE TERMS OF USE, PLEASE DO NOT USE THE SITE.

1. ABOUT US

1.1 Gospel Producers is a Marketplace Platform dedicated to gospel music production.

2. OVERVIEW

2.1 Use of Gospelproducers.com includes accessing, browsing, or registering to use our site.

2.2 Services on Gospel Producers.com are offered for a price established by the seller. Only registered users can buy and sell services on Gospel Producers.com. Registration is free.

2.3 Services on Gospelproducers.com are for any music, audio or multimedia service that can be delivered online through the Gospel Producers platform.

2.4 Buyers pay Gospelproducers.com in advance to facilitate an order. Services should be ordered using the ‘Order’ or ‘Pay’ button on the service or custom offer page.

2.5 Sellers are paid upon successful completion of an order. Gospelproducers.com charges the seller a 10% commission. Sellers may not offer to accept payments using any method other than through Gospelproducers.com.

2.6 Services offered with a 100% guarantee may be cancelled and refunded for any reason – only while an order is still in progress.

2.7 For information on Copyright and Ownership, see COPYRIGHT OWNERSHIP AND LIMITATIONS section below.

2.8 All communication and direction related to an order must be documented on the Gospelproducers.com order page. Communicating off-site may result in account suspensions and disqualification from Gospelproducers.com dispute resolution process.

2.9 Gospel Producers does not provide protection for Users who interact outside of the Site, or that are actively violating our Terms.

2.10 Buyers and Sellers on Gospelproducers.com are human beings. Rude, abusive, improper language or violent messages sent to other Users will not be tolerated, and will result in termination of your account.

2.11 Never use Paypal or your credit card company to reverse or dispute a charge. Doing so may get your Gospel Producers account suspended. Contact [email protected] to request a refund of payment.

3. GENERAL

3.1 If you violate Gospel Producers’ Terms, your account will be permanently blocked.

3.2 Gospel Producers may also restrict your use of the Site for any reason it sees fit.

3.3 Gospel Producers reserves the right to curate marketplace and/or platform content by pausing or deleting any service or account based on its sole discretion. Users with accounts on hold will not be able to sell or buy on Gospelproducers.com.

3.4 Gospel Producers may make changes to its Terms from time to time without notice to you. When these changes are made, Gospel Producers will make a new copy of the Terms available at http://www.Gospelproducers.com/ terms_of_service. You understand and agree that if you use Gospelproducers.com after the date on which the Terms of Service have changed, your use of Gospelproducers.com will equal your acceptance of the updated Terms.

3.5 All communication between Buyer and Seller must be within the Gospelproducers.com platform, to keep both parties protected in the event of a Dispute.

3.6 You agree to use Gospelproducers.com at your own risk. Gospel Producers does not make any representations or warranties that any material, images, or files obtained from or through Gospelproducers.com are free from computer viruses or other faults or defects. It is your responsibility to take customary precautions against computer viruses.

3.7 Gospel Producers is not liable if you do not receive email messages from Gospelproducers.com or from other users of Gospelproducers.com, if such emails go to your spam folder, if files are lost, or for any other reason. All users of Gospelproducers.com should set their email programs to

receive emails from Gospelproducers.com and should back

up all files on their own equipment.

3.8 Gospelproducers.com makes no representations or warranties concerning inaccuracies, typographical errors or other defects which may become part of the material or content available on this Site.

3.9 You cannot send or upload any material or data to Gospelproducers.com which is harmful, contains corrupt computer code, contains a virus, is otherwise malicious or harmful, or that attempts to corrupt or change the material, images, audio, notices, or files on the Site. You may not use Gospelproducers.com to send or post any material which is obscene, pornographic, offensive, defamatory, unlawful, promotional, spam, copyright-protected, or otherwise harmful. You may not interfere with or inhibit any other person’s use of Gospelproducers.com. You may not use Gospelproducers.com in connection with any fraudulent or unlawful purpose; you may not impersonate another person or entity or misrepresent yourself while using Gospelproducers.com. You agree that all information you provide to Gospel Producers is true, accurate, and complete, and you will maintain and regularly update such information. Failure to comply with these terms will result in a permanent block on your Gospelproducers.com account.

3.10 The materials and images on the Site, as well as the Gospel Producers name, are the property of Gospel Producers and are protected by copyright and trademark laws. You may view the Gospel Producers name, materials, and images on your computer for purposes of using the Site and/or Services, but you may not use any of the Gospel Producers name, material, or images in any other way without

written permission from Gospel Producers.

3.11 You are responsible to scan all transferred files for viruses and malware. Gospel Producers will not be responsible for any damages which might occur due to site usage, use of content or files transferred.

4. BUYERS

4.1 Buyers pay Gospelproducers.com for all orders in advance.

4.2 Buyers can pay for Services purchased on Gospelproducers.com using the Paypal portal through Gospelproducers.com. A User may not pay other Users directly, in person, or use any other payment method outside of the Paypal payment portal provided through Gospelproducers.com. In some cases (upon request) Gospel Producers will send an invoice from an alternate payment processor by emailing [email protected] If you have been asked to use an alternative payment method besides through Gospel Producers, please report it immediately by emailing [email protected]

4.3 Once payment is confirmed, your order will be created.

4.4 Once work is delivered, the buyer has 3 days to review the delivered work. Leaving a review will complete the order. A buyer can reject the delivered work by clicking on the “Order Issue?” tab at the bottom of the order page. If the buyer takes no action, the order will be marked as complete 3 days after delivery.

5. DISPUTES

5.1 Gospel Producers encourages its buyers and sellers to try and settle conflicts amongst themselves. If for any reason this fails, disputes between buyers and sellers should be handled using Gospelproducers.com dispute resolution tools (“Order Issue?” tab on the Order page) or by contacting the Gospel Producers customer support team at [email protected], while the order is still in progress.

5.2 Disputes must be filed before an order is marked completed.

5.3 Once a dispute is filed, buyer and seller cease all communication and Gospel Producers will attempt to mediate the dispute. Gospel Producers requires a period of up to 14 days to review all order communication, deliverables, and details before mediation begins.

5.4 Except cases where Services are offered with a “100% Guarantee”, buyers cannot contest a delivered work simply based on a subjective “taste” decision.

5.5 Users agree and accept that any payments and/or other actions made by Gospel Producers in accordance with the resolution decision of a Dispute are made in good faith and Users shall have no cause of action against Gospel Producers (whether in contract, tort or otherwise) in respect of the resolution decision or any such actions or payments made pursuant to it. Users further agree and accept that they have no right to seek to hold Gospel Producers liable for a Buyer or Seller’s alleged actions or failures.

6. SELLERS

6.1 When a buyer orders a service, the seller will be notified within their Gospelproducers.com account and by email.

6.2 Each Service a seller sells and successfully delivers, accredits the seller’s Gospelproducers.com account with a net revenue of the established sale price minus the Gospel Producers 10% commission. Gospel Producers accredits sellers once an order is complete. An order is complete once the buyer reviews the delivered work, or 3 days after the work is delivered (whichever comes first).

6.3 Sellers may withdraw their revenues to a Paypal account, according to the “Withdrawing Revenues” section below.

6.4 Sellers may not include outbound links (to websites, platforms, marketplaces, online groups, social media pages, etc.) or reference any URLs within their service descriptions, images, videos or delivered files.

6.5 Seller’s rating is calculated based on review’s received from buyers, amount of orders cancelled and late deliveries.

6.6 Sellers are responsible for reporting and paying all taxes / VAT on revenue received through Gospelproducers.com.

6.7 Top Rated Sellers are chosen automatically by Gospelproducers.com based on a list of criteria, including seniority, volume of sales, high rating, exceptional customer care and community leadership. Top rated sellers must have a minimum of twenty-five, 5-star reviews.

 

6.8 We recommend that sellers invest in self promotion, be realistic about the turnaround time, deliver on time, and consistently provide great customer service in order to attract favorable reviews and make their listings stand out on Gospelproducers.com.

7. ORDER DELIVERY & COMMUNICATIONS

7.1 All Sellers on Gospelproducers.com must strive to deliver a high standard of work. Specifically, Sellers must ensure that all deliverables are:

  • Error free;

  • Fully address each of the Buyer’s defined requirements;

  • Are a complete set of deliverables as defined in the

    service description or as agreed to within the Site as part

    of the requirements for custom projects;

  • Are of a standard consistent with the level of expertise

    indicated in the Sellers’ service pages, profile, custom

    offers and/or proposals.
    7.2 Sellers may use third party file transfer (“share links”) to deliver files. Use of any third party file transfer application or any other site or service other than Gospelproducers.com will be governed by the Terms of the third party site or service.

    7.3 To complete an order, Sellers must deliver completed files and/or proof of work using the ‘Deliver Completed Work’ tab located on the order page within the “Manage Sales” section.

    7.4 All communications, information and direction related to

 

an order should be performed exclusively using the Site. This

is a “paper trail” intended to protect both buyer and the seller in the event of a dispute. Communication outside of Gospelproducers.com may result in account suspension and disqualify users from Gospel Producers dispute resolution.

8. PAYMENTS

8.1 Users may not offer or accept payments using any method other than through the Gospelproducers.com platform.

8.2 Gospelproducers.com processes funds to a Seller’s Account after an order is marked complete

8.3 Requesting or making a Payment outside of Gospelproducers.com is a breach of these Terms unless the prior express written consent of Gospel Producers has been obtained. Such request or payment will lead to permanent suspension of the Buyer and/or Seller’s account. The User will be liable for any loss and legal expenses that Gospel Producers may incur in recovering it. Gospel Producers reserves the right to sanction funds held in a Seller’s Account in order to recover lost fees. Moreover, Gospel Producers will not mediate any Disputes or be liable to either the Buyer or Sellers loss as a result of violation of this clause. Users must report attempts or offers to make a payment outside of Gospelproducers.com by their Buyer or Seller to Gospel Producers immediately to [email protected]

8.4 Payments by Buyers are routinely checked by Gospel Producers for fraud prevention purposes, before any payments are released to the Seller.

9. PROHIBITED SITE USE

  • Collecting or harvesting any personally identifiable information, including Account names, Usernames or Display names from the Site;

  • Copy, store or otherwise access or use any information, including personally identifiable information about any other User, contained on the Gospel Producers platform in any way that is inconsistent with Gospelproducers.com Privacy Policy or these Terms or that otherwise violates the privacy rights of Users or third parties;

  • Use Gospelproducers.com’s Platform in connection with the distribution of unsolicited commercial messages (“spam”);

  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Gospelproducers.com Platform;

  • Use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with Gospelproducers.com for any purpose; Sharing or soliciting contact information, such as email, phone number, or Skype ID, in a profile or proposal;

  • Directly or indirectly, advertising or promoting another website, product, or service or soliciting other Users for other websites, products, or services, including advertising on Gospel Producers to recruit Users to join an Agency or another website or company;

  • Accessing or using the Site or Site Services to build a similar service or application, identify or solicit Gospel Producers Users, or publish any performance or any benchmark test or analysis relating to the Site.

10. WITHDRAWING FUNDS

10.1 Withdrawing revenues requires having a valid Paypal account. Please make sure that your account can receive incoming payments before withdrawing funds.

10.2 Your Gospelproducers.com profile can only be associated with one Paypal account.

10.3 Revenues are only made available for withdrawal after a safety clearance period of 3 days.

10.4 Funds withdrawn from your Gospelproducers.com account to your Paypal account are subject to fees. You can learn more about Paypal’s fees here.

10.5 Withdrawals are final and cannot be undone. We will not be able to refund or change this process once it has begun.

10.6 Withdrawal payments will be processed once a week on Fridays.

10.7 Sellers with blocked accounts will be able to withdraw their revenues after a safety period of 45 to 90 days, depending on the reason for the account blockage, from day of last cleared payment received in their account and subject to Gospel Producers management approval.

11. REFUND REQUEST AND CANCELLED ORDERS

11.1 Services offered with a 100% guarantee may be cancelled and refunded for any reason while the order is still in progress.

11.2 Services offered without a 100% guarantee cannot be cancelled due to a subjective decision based on the buyer’s preference. To be eligible for a refund on services without a 100% guarantee, a buyer must show that a seller did not fulfill the seller’s obligations and did not deliver according to the terms set forth in the seller’s Service description.

11.3 If an order is cancelled, the seller’s revenues are returned to the buyer’s Gospelproducers.com account balance.

11.4 Gospel Producers reserves the right to cancel orders for late delivery.

11.5 Sellers are required to meet the delivery duration they specified when creating their services. Failing to do so will permit Gospel Producers to cancel the order and refund the buyer.

11.6 Both buyers and sellers have the option to cancel an order by mutual agreement. Mutual cancellations have no negative effect on rating. However, excessive cancellations, of any type, may result in account suspension or limitation.

11.7 Unanswered mutual cancellation requests will be automatically accepted after 48 hours.

11.8 A seller may force cancel an order at any given moment. However, force canceling an order has a negative effect on the seller’s rating.

11.9 Order cancellations (when eligible) can be done by

customer support only up to a period of 3 days from order

completion date. We will not be able to cancel orders after that time.

11.10 Funds from cancelled orders are returned to the buyer’s balance on Gospelproducers.com and are available for future purchases on Gospelproducers.com.

11.11 Funds from cancelled orders are only available for withdrawal to your Paypal account, or original funding source, upon email request sent to [email protected] with the subject line Refund Request.

11.12 Never use Paypal, or your original funding source, to reverse or request a refund of the payment to Gospelproducers.com. Doing so may get your Gospel Producers account suspended. Always contact our friendly support team at [email protected]

12. COPYRIGHT OWNERSHIP AND LIMITATIONS

12.1 Unless clearly stated otherwise in the Service description text, it is intended that at the time a work is delivered, the seller grants to the buyer all intellectual property rights, including but not limited to, copyrights for the work delivered from the seller as a work-for-hire under the U.S. Copyright Act. However, any assignment of copyright is dependent on an agreement between the buyer and seller in which the seller transfers all rights in and to the proceeds of the seller’s Service. It is up to you to know your rights. Again, a transfer of copyright from the seller to the buyer is dependent on the seller and buyer signing a contract. Gospel Producers is not liable for the buyer or seller’s lack of obtaining any such contracts.

12.2 You can provide your own contracts (Work for Hire, or other).

12.3 Sellers further assert that whatever information they receive from the buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the buyer. Furthermore, Users agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Gospelproducers.com, including service text, images, videos, usernames, user photos, user videos and any other information may be used by Gospelproducers.com for no consideration for marketing and/or any other purpose.

12.4 Gospelproducers.com’s content is based on User Generated Content (UGC). Gospelproducers does not check user uploaded/created content for violations of copyrights, trademarks or other rights. We invite everyone to report suspected violations together with proof of ownership. Reported violating content will be removed. By offering a service, the seller asserts that it has sufficient permissions to provide, sell or resell the service that they offer on Gospelproducers.com.

13. FEEDBACK

We welcome and encourage you to provide feedback, comments and suggestions for improvements to Gospelproducers.com (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the Site, or emailing [email protected], or by other means of communication. Any Feedback you submit to us will

be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

14. TERMINATION

Gospel Producers reserves the right to terminate your account and/or access at any time, and for any reason at our sole discretion.

15. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Gospelproducers.com, officers, managers, members, employees, agents, attorneys, affiliates, successors and assigns, from and against any liability, loss, claim, investigation, settlement, judgment, proceeding, cost and expense, including without limitation reasonable attorneys’ fees and disbursements, whether or not a lawsuit or other proceeding is filed, that in any way arises out of or relates to (a) your breach or violation of these Terms of Service or any applicable state or federal law; or (b) your infringement of any copyright or intellectual property rights of any person or entity; (c) your use of the Site. This provision shall survive the termination of these Terms of Service for any reason.

OTHER LEGAL

GOSPELPRODUCERS.COM ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR DIRECT, INDIRECT,

SPECIAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL

 

DAMAGES WHICH MAY RESULT FROM YOUR USE OF THIS SITE. GOSPELPRODUCERS.COM HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTY OF THE COMPLETENESS, ACCURACY OR TIMELINESS OF THE INFORMATION AVAILABLE ON THIS SITE, OR THE WARRANTY OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. GOSPELPRODUCERS.COM OFFERS THIS SITE AS A COURTESY TO ITS CUSTOMERS AND RELATED INDUSTRY MEMBERS, ON AN “AS IS” AND “AS AVAILABLE” BASIS. GOSPELPRODUCERS.COM ACCEPTS NO RESPONSIBILITY FOR DAMAGES WHICH MAY RESULT FROM YOUR USE, OR INABILITY TO USE GOSPELPRODUCERS.COM, NOR FOR DAMAGES WHICH MAY OCCUR TO YOUR COMPUTER HARDWARE OR SOFTWARE, MODEM, TELEPHONE LINE, OTHER PROPERTY, BUSINESS, TIME, INCOME, OR OTHER INTANGIBLES AS A RESULT OF YOUR USE OF GOSPELPRODUCERS.COM. GOSPELPRODUCERS.COM ACCEPTS NO RESPONSIBILITY FOR DAMAGES WHICH MAY RESULT FROM MESSAGES TRANSMITTED TO OR FROM GOSPELPRODUCERS.COM, OR FROM YOUR USE, IN ANY FORM, OF THE MATERIAL, IMAGES OR FILES PROVIDED ON GOSPELPRODUCERS.COM.

FURTHER, GOSPELPRODUCERS.COM WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF GOSPELPRODUCERS.COM OR FROM ANY THIRD PARTY SERVICES, THIRD PARTY

 

APPLICATIONS, THIRD PARTY CONTENT, INFORMATION

OR MATERIALS ON GOSPELPRODUCERS.COM. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH GOSPELPRODUCERS.COM IS TO STOP USING GOSPELPRODUCERS.COM. IN THE EVENT ANY PORTION OF THIS DISCLAIMER OR THIS AGREEMENT IS DEEMED UNENFORCEABLE OR INAPPLICABLE, GOSPELPRODUCERS.COM’S TOTAL, EXCLUSIVE, AND MAXIMUM LIABILITY WILL BE THE AMOUNT PAYED BY YOU TO ACCESS GOSPELPRODUCERS.COM AND ONLY

GOSPELPRODUCERS.COM.