Terms of Service
TCKR, LLC dba Gospel Stats (“TCKR,” “Gospel Stats,” “Gospel,” “we,” or “us”) is pleased to provide you with access to the Gospel Stats platform, which allows a user (“User” or “you”) to use the website www.gospelstats.com and other Gospel Stats websites and any of our services. All elements of the Gospel Stats platform are referred to herein as the “Services,” and may be modified from time to time at our sole discretion.
By registering with us, or by using the Services, you agree to be bound by these Terms of Service (the “Agreement,”) which we may update from time to time. Your continued use of the Services constitutes your consent to such changes.
PLEASE READ THIS AGREEMENT CAREFULLY AND CHECK THESE Terms of Service PERIODICALLY FOR CHANGES. IF YOU DO NOT AGREE TO THESE Terms of Service, YOU MAY NOT USE THE SERVICES.
Description of Services. Gospel Stats is pleased to offer various paid services (“Paid Services”) plans. Detailed descriptions of the Paid Services plans, including pricing, duration, and features, are available upon request.
Account. A Gospel Stats account is required in order to take full advantage of the Services. The account can be created by completing a services agreement with us. You agree to provide only accurate and true information in connection with the creation of your account, and to update your information as necessary so it remains accurate and current. You may not transfer your account to any third party. You are responsible for keeping your account login information confidential and for any and all activities that occur under your account. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your account or other breach of security on the Services. You will have the ability to pick an available usernames to link to your account. Please note that Gospel Stats retains the right at any time to deactivate, reallocate, or rename your username at its sole discretion. In the event of the deactivation, reallocation or renaming of your username all your User Content and Services shall continue to remain associated with your account, subject to the terms of this Agreement.
Access. We may, in our sole discretion, refuse to offer the Services to any person or entity. We may, in accordance with this Agreement and the section of this Agreement entitled “Modifying and Terminating the Services” hereof, terminate your right to use the Services, or any portion of thereof, and block or prevent your future access to and use of the Services or any portion thereof.
Minors. THE SERVICES ARE NOT INTENDED FOR CHILDREN UNDER 13, and persons under the age of 13 are prohibited from registering with or using the Services. You represent and warrant that you are more than 18 years of age or, if you are above 13 and below 18 years of age, you are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to abide by and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement. This provision is void where prohibited by law and the right to access the Gospel Stats websites and Services is revoked in such jurisdictions.
Subscriptions and Purchases
Pricing. The pricing of our various Paid Services options is available upon request. Payment is due at the beginning of each subscription period. If you do not wish to continue your current Paid Services plan with the new prices, you may cancel your Paid Services plan.
Representations. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY BANK ACCOUNTS OR CREDIT CARD(S) THAT YOU USE TO PAY FOR THE SERVICES. You agree to pay all charges incurred by you or any users of your account at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order.
Ownership of Gospel Stats Content
Generally. By using the Services, you will encounter “Gospel Stats Content,” which includes all of the images, text, information, data, audio, video, graphics and other material included on or otherwise made available through the Services, excluding User Content. “User Content” includes all the images, audio, videos, and related content, as well as User comments, uploaded by Users, that make up the Services. Except as otherwise set forth in this Agreement, we do not claim ownership over any User Content.
Ownership. All Gospel Stats Content is owned by TCKR, LLC. or its licensors, and is protected by U.S. and international copyright laws, trademark laws and/or other proprietary rights and laws. As between you and TCKR, LLC and its licensors, TCKR, LLC or its licensors own and retain, solely and exclusively, all rights, title and interest in and to the Services, and all Gospel Stats Content that we or our licensors create and that we make available to you through the Services, including but not limited to any and all copyrights, trademark rights, trade secret rights, patent rights, database rights and other intellectual property and proprietary rights therein. The trademark GOSPEL and all associated logos and the other trademarks, service marks, logos and trade names displayed on or in connection with the Services are the registered and unregistered trademarks and service marks of TCKR, LLC or third parties in the United States and/or other countries. Your use of the Services does not grant you any ownership over any Gospel Stats Content, and except for the limited license we grant you under this Agreement, your use of the Services does not grant you any license or permission under any copyright, trademark or other intellectual property rights of TCKR, LLC or any third party. We reserve all rights not expressly granted to you in this Agreement.
Service and Content License. We grant you a limited, non-exclusive, non-sublicensable and non-transferable license to use the Services as they are provided to you by us, only as set forth in this Agreement. Except as expressly permitted in this Agreement, you may not reproduce, distribute, adapt, modify, translate, create derivative works from, publish or otherwise use any portion of the Services or Gospel Stats Content for any purpose without express prior written permission from us or the applicable rights holder. Any commercial exploitation of the Services or Gospel Stats Content without express prior written permission from us or the applicable rights holder is strictly prohibited.
Software. All software and software-as-a-service (SAAS) used in connection with the Services (“Software”) is proprietary to us or to third parties, and except as may be required to exercise the foregoing license grant, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or reduction of such software to human-readable form is prohibited. You agree that we may update the Software without notice, at any time and at our sole discretion, and that this Agreement will apply to any updated versions.
During the operation of the Services, Users may upload certain User Content. You remain the owner of your User Content at all times, and Gospel Stats does not claim any ownership rights in your User Content. User Content is otherwise subject to the following provisions. This Agreement applies to all the User Content that you contribute onto our Website during the term of this Agreement.
User Content License. By using the Services, you grant Gospel Stats a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers) right and license to use, reproduce, publicly display, distribute and adapt the publicly shared User Content for the purposes of developing, distributing, providing, improving, and promoting the Services, our activities and your publicly shared User Content. You further grant Gospel Stats the right to use your name and trademarks, if any, in connection with our use of your publicly shared User Content.
User Representations. By submitting User Content, you represent and warrant that (i) you own or otherwise control all of the rights to your User Content, (ii) the use of your User Content does not violate this Agreement or the law, and will not violate any rights of or cause injury to any person or entity, (iii) your User Content will not violate the additional content restrictions set forth in the section of this Agreement entitled “User Restrictions and Obligations” this Agreement, and that (iv) to the greatest extent permitted by law, You hereby irrevocably and unconditionally waive any and all moral rights whatsoever, or any rights of a similar nature, in your User Content, for the benefit of or in favor of Gospel Stats, including any right to be associated with your User Content (right of paternity) or any right to restrict or prevent the modification or use of your User Content in any manner whatsoever (right of integrity). To the extent You retain any such moral rights under applicable law, You hereby agree not to assert them against Gospel Stats or other Gospel Stats users in any manner whatsoever.
User Feedback. We appreciate your feedback and suggestions about our Services, but you agree that any feedback or suggestions submitted to us about the Services are entirely voluntary and that we will be free to use any such feedback or suggestions as we see fit and without any obligation to you.
Right to Monitor, Moderate or Remove. You agree that you bear all risks associated with your User Content. You are solely responsible for safeguarding your User Content, and Gospel Stats has no duty to store copies of User Content for future availability to you or any user except as otherwise provided under this Agreement. Gospel Stats does not permit the infringement of intellectual property rights on the Services, and will remove User Content from the Services if properly notified that such User Content infringes on another’s intellectual property rights. We reserve the right to remove User Content from the Services, in whole or in part, without prior notice, for any reason or for no reason at all. Without limiting our right to terminate a User pursuant to the section of this Agreement entitled “Modifying and Terminating the Services”, we reserve the right to terminate the account of any User of the Services who has been notified of infringing activity and/or has had User Content removed from the Service. We also reserve the right to decide whether User Content is appropriate and complies with this Agreement for violations other than violations of intellectual property law. This shall extend to the right of Gospel Stats to edit, modify, moderate, re-format, change or otherwise remove all or part of the descriptions, comments and/or annotations that You and/or third parties add and/or make in relation to your User Content, in any manner that We may determine, whenever We deem it appropriate.
User Restrictions and Obligations
It is important to us that the Services be used safely, and in accordance with the law, for the enjoyment of all Users. You agree that you will not use the Services to:
- Decompile, disassemble, reverse engineer, copy, transfer, or otherwise use the Services, Gospel Stats Content, and User Content except as permitted by this Agreement;
- Promote any illegal activity, or advocate, promote or assist any unlawful act;
- Transmit any material or content that is pornographic, dehumanizing, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, xenophobic, or illegal;
- Transmit any material or content that is inappropriate for families or otherwise suitable only for audiences over the age of 13;
- Transmit any material or content that attempts to falsely state or otherwise misrepresent your identity or affiliation with a person or entity;
- Transmit material or content that promotes, provides, or relates to instructional information about illegal activities or promotes physical harm or injury against any individual or group;
- Transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Transmit or encourage the transmission of any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, patent, or right of publicity, or which otherwise constitutes or promotes counterfeit materials or goods;
- Use the services in a manner that (a) is likely to interrupt, suspend, slow down or hinder the continuity of the Services, (b) constitutes an intrusion or attempt to break into the Services or Gospel Stat’s computer or networking systems, (c) will divert of the Services’ system resources, (d) may place a disproportionate load on the infrastructure of the Services, and (e) constitutes an attack on security and authentication measures of the Services or Gospel Stat’s computer or networking systems.
- Intrude into a third party’s computer system, engage in any activity that may damage, control, interfere with or intercept all or part of a third party’s computer system and violate its integrity or security, or otherwise transmit any materials or content that is harmful for third party information systems (including but not limited to viruses, worms, Trojans);
- Otherwise use the Services for purposes other than those for which they were designed.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any content on the website through which the Service is provided, without first obtaining express, written permission by us.
You agree to inform Gospel Stats promptly about any legal complaint, claim or action related to the User Content you have uploaded using the Services.
Accuracy, Completeness, and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information.
Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Warranty Disclaimers, Limitations of Liability, Indemnity
DISCLAIMER OF WARRANTIES. Gospel Stats undertakes to provide the Services diligently and professionally, and otherwise makes no representations or warranties of any kind regarding the Services or the Gospel Stats Content. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. TCKR, LLC. EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; (ii) THAT THE SERVICES, WEBSITE AND GOSPEL STATS CONTENT WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; (iii) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICES, WEBSITE OR GOSPEL STATS CONTENT; AND (iv) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICES, WEBSITE OR GOSPEL STATS CONTENT. No advice or information obtained by you from TCKR, LLC, or otherwise through the Services, will create any warranty not expressly stated herein.
LIMITATION OF LIABILITY. GOSPEL STATS’ MAXIMUM AGGREGATE LIABILITY TO ANY USER WILL BE THE AMOUNT PAID FOR THE PERIOD IN WHICH THE LIABILITY ARISES, ONLY IF THE USER HAS PAID FEES FOR USE OF THE SERVICES. GOSPEL STATS WILL NOT OTHERWISE BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICE OR FROM ANY INFORMATION, GOSPEL STATS CONTENT, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
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, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnity. You agree to indemnify and hold Gospel Stats and its affiliates, subsidiaries, owners, directors, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by Gospel Stats directly or indirectly, with respect to or arising out of: (i) your failure to comply with this Agreement; (ii) your breach of your obligations under this Agreement; (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties; (iv) your violation of any third party right, including without limitation any intellectual property, right of publicity, or privacy right; and/or (v) any claim that any of your User Content caused damage to a third party.
Intellectual Property Claims
Gospel Stats respects the intellectual property rights of others, and complies with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to Internet service providers (17 U.S.C. § 512, as amended). We respond to clear notices of alleged copyright infringement , and infringing materials posted by Users can be identified and removed pursuant to this complaint procedure. In the event you believe that any User Content on the Services infringes your copyright, please send a notice of infringement to the contact listed below. Electronic notification is preferred.
1450 2nd St Ste 275
Santa Monica, CA 90401-2302
To be effective, any notice submitted to our Copyright Agent must comply with the requirements set forth at 17 U.S.C. § 512(c)(3), and must include substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- A statement that you have 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
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Gospel Stats will, upon receiving your compliant notice of copyright infringement, contact the User who posted the allegedly infringing User Content concerning the notice of infringement, and expeditiously remove the allegedly infringing User Content. It is our policy to document all notifications of alleged infringement on which we act. A copy of the notification may be sent to one or more third parties who may make it available to the public. Please be advised that it is our policy to terminate the accounts of users that repeatedly violate this Agreement and/or the DMCA Policy.
If you are a User and material that you have uploaded to the Services has been removed or disabled, you may file a counter-notification pursuant to 17 U.S.C. § 512(g). To be effective, the counter-notification must be a written communication sent to the Designated Agent address listed above that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which Company may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. § 512(c)(1)(C) or an agent of such person.
If you have a claim related to trademarks, patents, intellectual property, or any other matter other than copyright, please contact us at firstname.lastname@example.org. Please provide detailed information regarding the nature of your complaint, including but not limited to your name and contact information, the subject matter of the complaint, and any additional information that we may require in order to review the matter and take action (or no action) as may be appropriate. Please be advised that we may share the details of your complaint with the User that owns the User Content that is the subject of your complaint, or with appropriate authorities (including law enforcement authorities) if Gospel Stats in its sole discretion believes that such action is necessary, or if we are obligated to do so by law.
Modifying and Terminating the Services
At Any time. Gospel Stats reserves the right to modify or stop offering all or part of the Services at any time, at its own discretion.
Information and details about the Service and products we offer are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
For Cause. We may terminate your user account or right to access all or portions of the Services at any time, without notice, for conduct that we believe violates this Agreement and/or is harmful to other users, to Gospel Stats, to other service or information providers, or to any third parties.
Survival. After any termination of this Agreement and/or after you otherwise stop using the Services, the following will survive and remain enforceable and in full force and effect: (a) all outstanding obligations between you and us; (b) all remedies for breach of this Agreement; and (c) the following sections of this Agreement entitled: “Ownership and Gospel Stats Content,” “User Content,” “Other Websites and Services,” “Warranty Disclaimers,” “Limitations of Liability,” “Indemnity,” “Intellectual Property Claims,” “Applicable Law and Jurisdiction,” “Arbitration,” “Modifying and Terminating the Services,” and “Miscellaneous.”
Other Websites and Services
We may provide you with access to third-party services over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such services “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of additional third-party services. Any use by you of additional services offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which services are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features and/or resources through the website. Such new services and/or features and/or resources shall also be subject to these Terms of Service.
The Services may contain links and features that enable you to access other third-party websites or services (“Third-Party Services”) that are not owned or controlled by us. Such Third-Party Services are governed by their own Terms of Service. We do not control Third-Party Services, and we are not responsible for the contents of any linked site. A link does not imply endorsement of, sponsorship of, or affiliation with the Third-Party Services by TCKR, LLC. Please exercise caution before proceeding to any Third-Party Services or entering into any transaction with third parties linked to from the Services. Gospel Stats may in no circumstances be held liable for the technical availability of Third-Party Services, the content, advertising, products and/or services available on Third-Party Services, or any transactions that take place between a User and Third-Party Services whom the User has been directed via the Services. Gospel Stats may in no circumstances be a party to any disputes whatsoever between you and third parties concerning Third-Party Services.
Gospel Stats may enable you to link your User Account with a valid account on a third party social networking, email, or content service such as Facebook, Instagram, TikTok, Twitter, or YouTube (each such account a “Third-Party Account”) by allowing Gospel Stats to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Gospel Stats and/or grant Gospel Stats access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Gospel Stats to pay any fees or making Gospel Stats subject to any usage limitations imposed by such third-party service providers.
Applicable Law and Jurisdiction
All disputes arising out of or relating to this Agreement or the Services shall be resolved exclusively by binding arbitration before a single arbitrator (the “Arbitrator”) in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”) then in effect and the further procedures set forth herein. (For information on the AAA and its rules, see www.adr.org.) The arbitration shall be conducted in New York, New York, unless the Arbitrator shall determine that that venue is not reasonably convenient to all parties, in which case the Arbitrator shall determine another venue that is. In the event that the AAA is unavailable or unwilling to administer the arbitration, and the parties are unable to agree to a substitute, a substitute shall be appointed by the court. The Arbitrator shall have authority to issue any and all remedies authorized by law. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 2 et seq. Notwithstanding any rules of the AAA to the contrary, any claims shall be adjudicated on an individual basis only, and ALL USERS WAIVE ANY RIGHT TO BRING ANY CLAIM AS A REPRESENTATIVE OF A PROPOSED CLASS, ON AN AGGREGATED OR MASS BASIS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO CONSOLIDATE ARBITRATION PROCEEDINGS WITHOUT THE CONSENT OF ALL PARTIES THERETO. Any award rendered by the Arbitrator shall be final, conclusive and binding upon the parties hereto. In connection with any arbitration proceeding pursuant to these terms and conditions, unless the Arbitrator shall determine otherwise, each party shall bear its own costs and expenses. Notwithstanding the foregoing, a User may at his or her option file an individual claim in any small claims court for disputes or claims within the scope of its subject matter jurisdiction if such court has personal jurisdiction. Gospel Stats does not hereby waive any defense that such jurisdiction may be lacking in the User’s jurisdiction.
Gospel Stats reserves the right to amend the Agreement at any time by posting a notice on this page, sending an email notification to registered Users, or otherwise notifying Users via the Services. Any User using the Services after an amendment has become effective accepts the Agreement as amended. A User who does not accept the amended Agreement shall, before it becomes effective, cease use of the Services.
You consent to receive communications from us electronically, and you agree that we may communicate with you by email or by posting notices on the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you, or that you provide to us, electronically satisfy any legal requirement that such communications be in writing. We are not responsible for any automatic filtering that may be applied to any email notices that we send to the email address you have provided. The Services are operated by TCKR, LLC, a Delaware limited liability company.
General inquiries may be directed to email@example.com. The effective date of these Terms of Service is January 1, 2020.