Terms of Use

A Heart Like God's, a division of Sheer Enterprises, Inc. ("SEI"), is pleased to welcome you to its Web site located at http://www.aheartlikegods.com ("Site"). The following Terms of Use govern your access to and use of the Site, including its digital content and related services. Your access to and use of the Site constitutes your agreement to be legally bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use the Site.

1. Changes to Terms of Use. SEI reserves the right, at its sole discretion, to change, add or remove portions of the Terms of Use, at any time. The date of the last modification to these Terms of Use is posted at the end of this page. It is your responsibility to check the Terms of Use each time before using the Site. Your continued use of the Site following the posting of changes will mean that you agree to the changes.

2.   Age requirements for use of the Site. To register for use of the Site on your own behalf, you must be at least 18 years of age. If you are at least 13 years of age, but under 18 years of age, you must present the Terms of Use to your parent or legal guardian, and he or she must click "I have read, understand and agree to the Terms of Use set forth by A Heart Like Gods" to enter into the Terms of Use on your behalf. If you are under 13 years of age, you may not use the Site. A parent or legal guardian of a child under 13 years of age may not enter into the Terms of Use on behalf of such child. If you are a parent or legal guardian entering the Terms of Use for the benefit of your child or a child in your legal care, be aware that you are fully responsible for such child's use of the Site, including all financial charges and legal liability resulting from such use.

3.   Rules and Policies.Your use of certain sections of the Site may be subject to other posted terms and conditions that govern your use of that section and the specific services, features or transactions available in that section, all of which are hereby made a part of the Terms of Use. If there is conflict between these general Terms of Use and the terms posted for a specific service, feature or transaction offered on the Site, unless otherwise stated in the Terms of Use, the latter terms shall control regarding that specific service, feature or transaction.

4.   Privacy. Except as otherwise expressly provided for herein, the Site is subject to SEI's Privacy Policy, which is expressly made a part of the Terms of Use. If you have not already read SEI's Privacy Policy, you should do so now. The terms and conditions of SEI's Privacy Policy will change from time to time, and as a condition of browsing the Site or using any features or making any purchase, you agree that you will first review our Privacy Policy prior to making any initial or subsequent purchases.

5.   Acknowledgement of Ownership.You agree that the Site and its digital content, including but not limited to all sound recordings (downloaded or samples), software, text, images, graphics, user interfaces, videos, photographs, trademarks, logos, artwork and copyrighted material (collectively, "Content"), including but not limited to the design, selection, arrangement, and coordination of such Content on the Site, is the property of SEI or its content suppliers, and is protected by copyright, trademark and various other intellectual property rights laws, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Site in compliance with the Terms of Use.

6.   Site License. SEI grants you a limited license to access and make personal use of the Site, but not to download (other than page caching) or modify it or any portion of it except with express written consent of SEI. This license does not include any resale or commercial use of the Site or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its Content; 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 Site or any portion thereof may not be reproduced, duplicated, retransmitted, copied, distributed, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of SEI. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SEI without express written consent. You may not use any meta tags or any other "hidden text" utilizing SEI's name or trademarks without the express written consent of SEI. Any unauthorized use terminates the permission or license granted by SEI. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray SEI, or its products or services in a false, misleading, derogatory, or offensive matter. You may not use any SEI logo or other proprietary graphic or trademark as part of the link without express written permission.

7.   Music. Our artists work hard to create original music for you. Once a song is transformed into a digital format, it can easily be distributed across the Internet or other digital media. To ensure that music owners receive fair payment for their creations, and to keep prices low, SEI limits use of its Music to what is reasonably necessary for your personal enjoyment. Read carefully the "Usage Rules" immediately below to learn the specific permitted uses of our downloadable Content (which includes and is limited to the sound recordings, underlying musical composition, and related text and artwork embodied therein we make available for download on the Site (each a "Song" and collectively, "Music"). You agree to comply with such Usage Rules.

8.   Usage Rules

a.   Your use of the Music is conditioned upon your prior acceptance of the Terms of Use.

b. Music is licensed or sublicensed to you by SEI and not sold, notwithstanding use of the terms "sell," "purchase," "order," or "buy" herein or elsewhere on the Site.

c. You are authorized to use each Song you purchase on a nonexclusive, nontransferable, nonsublicensable, limited basis for your personal, noncommercial use. You may not transfer or distribute Music except as stated in the Usage Rules. You may not play and then redigitize any Music, or upload any Music to the Internet. You may not create any "derivative works" by altering any of the Content. You may not use any Song in conjunction with any other third-party content (e.g., to provide sound for a film or your own Web site or personal Web page).

d. You may store and play the Music an unlimited number of times on the personal computer to which it is downloaded -- and you may copy, store and listen to it on any other device owned by you -- provided that the Music may be played on only one such computer or device at a time.

e.    Any burning or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any audio content, sound recording, underlying musical composition, text or artwork embodied in any Music.

f.   The delivery of Music does not transfer to you any commercial or promotional use rights in the Music.

g.   Certain owners may permit different uses of their Music. Information on the Site will state the different or additional uses, if any, of a particular Song, partial album or album. You may only download, transfer, copy and use the Song as so stated, the terms of which are hereby incorporated by this reference.

h.    You may not reverse engineer, decompile, disassemble, modify or disable any copy protection or use limitation systems associated with the Site or any Song.

i.    Except as expressly stated as an authorized use under the Usage Rules, no other uses are permitted. . All other rights are reserved. You agree to indemnify and hold harmless SEI for your failure to comply with the Usage Rules.

9.   Accounts, Passwords and Security. Certain services offered on or through the Site may require you to first open an account. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to notify SEI immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by SEI or any other user of the Site due to someone else using your password or customer account. You may not use anyone else's password or customer account at any time. You may not attempt to gain unauthorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your account will be terminated.

10.   Accuracy of Account Information. You agree to provide us with accurate, current and complete information about you and your billing information as prompted during the registration process. You may update any of your account information by clicking on the My Account button and selecting the appropriate link.

11.   Agreement to Pay. You agree to pay the amount for all Music you purchase, and charitable donations you specify, through the Site. You agree that SEI may charge your credit card account for such amount and for any taxes and late fees and other amounts, as applicable, as may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING SEI WITH A VALID CREDIT CARD ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card you designate.

12.   Right to Change Prices and Availability. Prices and availability of Music offered through the Site are subject to change at any time. SEI does not provide price protection or refunds in the event of a price drop or promotional offering.

13.   Refunds. Due to the nature of digital media, no refunds can be given for Music once it has been successfully downloaded. Occasionally, technical problems may delay or prevent your ability to download a Song you purchased. Your sole and exclusive remedy in such event, the occurrence of which shall be determined by SEI in its sole discretion, shall be, at SEI's option, either replacement of such Song or refund of the purchase price paid for such Song.

14.   Contributions Rules & Disclosure Statement.

a.    SEI is a "Commercial Coventurer" within the meaning of the term as used in the State of California's Supervision of Trustees and Fundraisers for Charitable Purposes Act (the "Act") which is administered and enforced by California's Attorney General. SEI is a for-profit commercial enterprise, not affiliated with any tax-exempt charitable organization, primarily engaged in the business of selling Christian music and other related items.

b.    Each Song is available on the Site for download at the price of $2.00 per copy, or, if different, the price charged at the time of purchase, (the "Purchase Price"). Fifty percent (50%) of the Purchase Price plus one hundred percent (100%) of any additional sums you elect to contribute at the time of purchase, less credit card or similar processing fees charged to SEI to complete the transaction, (such net amount, "Your Contribution") will be forwarded by SEI to the charitable organization(s) you designate ("Charities").

c.    SEI is not paid any fees or otherwise compensated by any charitable organization you may select to receive Your Contributions. SEI simply collects from you and transfers the entire amount of Your Contributions to the Charities you select, as soon as reasonably possible, but not more than forty-five (45) days from the date of SEI's receipt of Your Contribution. The receipt evidencing your purchase will identify the Charities you select to receive Your Contribution, including any special allocation thereof you designate, if any. While SEI cannot guarantee that any organization identified on the Site is tax-exempt under federal or state law, the organizations listed on the Site as charitable (including the Charities you select to receive all or a portion of Your Contributions) are registered as charities on the California Registry of Charitable Trusts. Please consult your tax advisors to determine if you are eligible for any tax benefits resulting from Your Contribution.

d.   The official registration and financial information regarding SEI can be obtained from the Attorney General's Web site at http://caag.state.ca.us/charities. Registration does not imply endorsement. Unless specifically stated otherwise on the Site, no charity has sponsored, endorsed or approved the sales promotions of SEI.

15.   Consent to Communicate with You by E-Mail. By establishing an account with us, and each time you make a purchase through our Site, you grant permission for SEI to contact you at your e-mail address for administrative purposes. SEI may send you notice with respect to the Site or your Account by sending an email message to the email address listed in your Account contact information, or by a posting on the Site. Notices shall become effective immediately.

16.   Termination. SEI may, in its sole discretion and without prior notice to you, terminate your account or access to the Site. Reasons for terminating your account or access to the site include (but are not limited to): (1) attempting to gain unauthorized access to the Site or assisting others to do so, (2) overcoming software security features limiting use of or protecting digital downloads, (3) violating the Terms of Use, (4) failure to pay for purchases, (5) copyright infringement, or (6) requests by law enforcement or other government agencies. You agree that SEI will not be liable to you or to any third party for termination of your access to your account or the Site.

17.   No Responsibility for Third-Party Materials or Web Sites. Certain content, products, and services available via the Site may include materials from third parties. In addition, SEI may provide links to certain third party Web sites. You acknowledge and agree that SEI is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. SEI 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. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that SEI is not in any way responsible for any such use by you.

18.   Disclaimer of Warranties.

a.   The Site and its content are provided "AS AVAILABLE" and "AS IS." All of SEI's physical products, if any, are guaranteed against material defects for thirty (30) days from the date of purchase. Except as expressly stated IN THIS SECTION 18A, SEI expressly disclaims all warranties, express or implied, as to THE MUSIC, PRODUCTS AND CONTENT AVAILABLE THROUGH THIS SITE OR any OTHER matter whatsoever relating to or referenced by the site, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, suitability, title, non-infringement, lack of viruses or correspondence to description, OR QUALITY OF DATA. Without limiting the generality of the foregoing disclaimer, SEI does not guarantee, represent, or warrant that use of the Site will be uninterrupted or error-free or that any particular device will be compatible with the Site or any Song offered on the Site.

b.   SEI may disable or remove some or all of the Site for indefinite periods of time, or cancel the services available through the Site at any time, with or without notice to you.

c.   Any Song downloaded or otherwise obtained through the use of the Site is done at your discretion and risk and you will be solely responsible for any damage to any computer system or loss of data that results from the download of any such content or material.

d.    No advice or information, whether oral or written, obtained by user from SEI or its partners or through the use of the Site, shall create any warranty or representation not expressly set forth in this paragraph 18.

e. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR EXCLUSIONS, OR THE LIMITATIONS SET FORTH IN SECTION 19, MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS

19.   Limitation of Liability. The entire risk arising out of the use of the site and/or downloading of music files or their use remains with you. IN NO EVENT SHALL SEI OR ITS CONTENT SUPPLIERS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED CONTENT OR SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE MUSIC OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF SEI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In the event that any limitation of liability shall fail of its essential purpose, the maximum liability that SEI shall have is limited to any amounts actually paid to SEI by you.

20.   Electronic Signatures and Contracts. Your use of the Site 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 such purchases. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on the site, including notices of cancellation, policies, contracts, and contributions.

21.   Governing Law. You agree that all matters relating to your access to or use of or purchases made from the Site, including all disputes arising out of the Terms of Use, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Orange County, California. Any claim under the Terms of Use must be brought within one (1) year after the cause of action arises.

22.   Survival of Termination. The provisions of the following paragraphs of the Terms of Use shall survive any termination, whether for convenience or cause: 2, 4, 5, 8, 11, 13, 15 and 17 through 22.

NOTICE OF COPYRIGHT INFRINGEMENT:

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the information specified below:

- 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 Site;
- Your address, telephone number, and e-mail 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;
- 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 behalf of the copyright owner; and
- An electronic or physical signature of the person authorized to act on behalf of the copyright owner.

Please send notice of claims of copyright infringement to:

A Heart Like God's
28829 Paseo Campana
Mission Viejo, CA 92692
949-309-8256
Email address: mark@aheartlikegods.com

Last modified: June 3, 2008.