Effective Immediatelly
This document (the “Agreement”) is a legal contract between you and City Bible Music /
Generation Unleashed (“we” or “us”) that governs your use of City Bible Church’s / Generation
Unleashed’ websites.
MODIFICATIONS, NOTICE
City Bible Music / Generation Unleashed may from time to time modify these terms and post a
copy of the amended Agreement at http://www.generationunleashed.com/terms.html. If you do
not agree to (or cannot comply with) the Agreement as amended, your only remedy is to stop
using the Service. You will be deemed to have accepted the Agreement as amended if you
continue to use the Service after any amendments are posted.
AGE REQUIREMENT
You must be at least 18 years of age to agree to and enter into this Agreement on your own
behalf and to register for use of the Service. If you are under 18 but at least 13 years of age, you
must present this Agreement to your parent or legal guardian, and he or she must check the
box below to enter into this Agreement on your behalf. Children under the age of 13 may not
register for this Service, and parents or legal guardians may not register on their behalf. By
checking the box indicating your acceptance to this Agreement, you represent that (i) you have
read, understood and agree to be bound by this Agreement and (ii) you are at least 18 years
old, either entering into this Agreement for yourself or entering on behalf of your child or a child
in your legal care. If you are a parent or guardian entering this Agreement for the benefit of your
child, please be aware that you are fully responsible for his or her use of the Service, including
all financial charges and legal liability that he or she may incur.
DESCRIPTION OF SERVICE
The Service allows you to listen to Samples and Streams (as defined below) and obtain
downloads of sound recordings (“Tracks”) and related digital content (“Materials”). The
Service, the Tracks and/or the Materials (including any City Bible Music / Generation
Unleashed promotional offers or codes redeemable for the Service, the Tracks and/or the
Materials) are only for your personal, non-commercial use and are non-transferable
(except as otherwise expressly authorized by City Bible Music / Generation Unleashed).
By using the Service, you acknowledge and agree that you have no right to provide any files
obtained through the Service to any other party or through any other means. Because the
Service is designed for personal sampling and use, you are not allowed to use any automated
system for the selection, Streaming or downloading of files. Artists, record labels and other
rights holders may not purposefully “game” or manipulate use of the Service in order to
artificially increase the usage of content that they control.
REGISTRATION (or SUBSCRIPTION)
To use the Service, you will generally be required to subscribe and provide certain information,
including a member (user) name, a password and a valid email address (“Registration Data”).
You may also be required to provide billing and/or additional information. You agree to provide
accurate Registration Data and to update your Registration Data as necessary to keep it
accurate. In order to access the Service you may be required to first register for the Service
online via your PC, laptop or other Internet-connected device (e.g., a “PC”) that is not a phone
or other product that utilizes mobile phone networks.
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You agree that you will not allow others to use your member name, password and/or account
and you are solely responsible for maintaining the confidentiality and security of your account.
You agree to notify City Bible Music / Generation Unleashed immediately of any unauthorized
use of your password and/or account. City Bible Music / Generation Unleashed shall not be
responsible for any losses arising out of the unauthorized use of your member name, password
and/or account and you agree to indemnify and hold harmless City Bible Music / Generation
Unleashed, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable,
for any improper, unauthorized or illegal uses of the same.
USE OF SERVICE, TRACKS AND MATERIALS
Tracks and Materials. The Tracks and Materials are owned by City Bible Music / Generation
Unleashed, its business partners, affiliates and/or licensors, as applicable, and are protected
by copyright and other intellectual property laws. You agree not to use the Tracks and Materials
in a way that would violate any laws and/or infringe the copyright(s) therein. You further agree
that the content rights holders that license their musical or other content to City Bible Music /
Generation Unleashed for use in the Service are intended third-party beneficiaries under this
Agreement with the right to enforce the provisions that directly concern their content. You
understand that your use of the Tracks and Materials is subject to the Usage Rules discussed
below. You may not authorize, encourage or allow any Tracks or Materials used or obtained by
you to be reproduced, modified, displayed, publicly performed or displayed, broadcast,
transferred, distributed or otherwise used by anyone else. You agree to advise City Bible
Music / Generation Unleashed promptly of any such unauthorized use(s).
Usage Rules. Your access to and/or use of any Track(s) may be limited by the rules assigned to
the Track(s) by City Bible Music / Generation Unleashed (“Usage Rules”) and described in this
section. You may not attempt (or support others’ attempts) to circumvent, reverse engineer,
decrypt, or otherwise alter or interfere with any Usage Rules or Tracks. City Bible Music /
Generation Unleashed reserves the rights to modify the Usage Rules at any time.
A “Sample” is a portion of a Track or, in some cases, an entire Track or promotional music
video that you can play (and, if applicable, view) via the Service on a promotional basis at no
cost to you. You may play as many Samples as you like. You may not attempt (or support
others’ attempts) to capture, copy, download or transfer a Sample.
A “Stream” is a Track that you play directly from and while you are logged on to the Service,
however this feature may not be available on every Internet connected or other device that
works with the Service or as part of any particular tier of Service. As a subscriber to any tier of
the Subscription Service, you may play as many Streams as you like while your subscription is
current. City Bible Music / Generation Unleashed may also offer subscription or nonsubscription
tiers of Service that include limited access to free Streams and in those cases you
should review the applicable areas of our site or service that describe the applicable
limitations. In all cases, you may not attempt (or encourage others) to capture, copy, or
download a streamed Track. City Bible Music / Generation Unleashed may also offer free
Streaming access as part of promotions and/or free Service tiers. In all cases, City Bible
Music / Generation Unleashed may count the number of times that you stream each Track for
royalty accounting and analysis purposes.
A “Permanent Download” is a Track download that you have purchased for permanent
ownership from your computer. All Permanent Downloads sold via the Service for download to
a PC or Mac are currently sold in the MP3 DRM-free format, at the bit rate indicated to you
within your purchase or subscription path. City Bible Music / Generation Unleashed will not
assign limits to the number of times Permanent Downloads purchased via City Bible Music /
Generation Unleashed can be copied, transferred or burned (though your own use will depend
upon your own hardware and software limitations and you must abide by these terms and
conditions and all applicable laws). City Bible Music / Generation Unleashed and/or its content
licensors may include digital watermarks (embedded bits of information in addition to the
sound file) in your Permanent Downloads that add sales information to each digital file such as
(but not limited to) the fact that the file was purchased from City Bible Music / Generation
Unleashed, the date and time of purchase, or information about the song (title, artist, etc.). City
Bible Music / Generation Unleashed will not include any of your personally identifiable
information in any such digital watermark or otherwise. You are only entitled to one copy of any
purchased Permanent Download (see “All Sales Final” below).
You may purchase Tracks for Permanent Download via the download sales store and/or as part
of the Subscription Services.
All Transactions Final; Downloading and Risk of Loss. All consumer transactions for Permanent
Downloads, Materials and other digital services via the Service are final and we do not any
accept any returns. Once you have received any Permanent Download or Material we
encourage you to download it promptly and to make back-up copies of it. In all cases, you
bear all risk of loss for any products that you have downloaded, including any loss due to a
computer or hard drive crash. Technical problems might delay or prevent delivery of purchased
products to you. Your sole remedy with respect to Permanent Downloads and any Materials
that are not successfully delivered will be either replacement or refund of the price paid for
such content, at City Bible Music’s / Generation Unleashed’ discretion. If you are unable to
complete a download after having reviewed our online help resources, please contact City
Bible Music’s / Generation Unleashed’ customer service.
No Further Transfer. Once you have transferred a Permanent Download to a compatible
portable device or burned it to a CD, you agree not to copy, distribute, or transfer it from that
device or CD to any other media. The burning or transfer capabilities provided for herein shall
not operate to waive or limit any rights of the copyright owners in Tracks or Materials or any
works embodied in them.
TERMS APPLICABLE TO SUBSCRIPTION SERVICE USERS.
Online Music Store Subscription Service
Online Music Store is a unique tier of Subscription Service that includes Streams.
An “Online Music Store” Download is a Track with unique Usage Rules that you may obtain
only as part of a City Bible Music / Generation Unleashed Service. You may save these to the
hard drive of your personal computer and transfer them to your compatible portable device, in
each case to play back as many times as you want. You may make an unlimited number of
Downloads while your subscription is current. For royalty accounting and analysis purposes,
City Bible Music / Generation Unleashed will track the Downloads that you download to a PC.
Billing Authorizations. You will be required to provide billing payment method to purchase items
from the website. In that event, you agree that City Bible Music / Generation Unleashed may
obtain a pre-authorization for the fee amount that you will be charged if purchase a product
from the Online Music Store. It is possible that some financial institutions may perceive these
requested amounts as actual pending charges. These are not actual charges however, and City
Bible Music / Generation Unleashed will not be responsible for any results, such as an
overdraft fee, that may occur to your account because of them.
Cancellation / Unsubscribe. To receive information on how to cancel your subscription, please
visit http://www.generationunleashed.com/, and search by keyword “Cancel Your
Subscription” in the appropriate area. Cancellation will take effect immediately during which
you deliver notice to City Bible Music / Generation Unleashed. Please note that, following
cancellation of your subscription, any City Bible Music / Generation Unleashed Downloads that
you have saved to the hard drives of your personal computers or Downloads that you have
transferred to compatible portable devices will still be active and playable. The files will remain
and will be accessible.
All rights not expressly granted to you in this Agreement are reserved to City Bible
Music / Generation Unleashed and/or its licensors.
Importing Tracks. You may import song files that you have obtained independent of the Service
and play them using any media player of your choice. City Bible Music / Generation Unleashed
does not represent or guarantee that your media player will successfully import or support any
song file. Further, City Bible Music / Generation Unleashed does not purport to grant you any
rights to use any song files for other purpose than personal entertainment use. Your use of
such song files must be subject to another grant of rights that you have received from the
copyright holder(s) and any other legal rights holders (please note that there may be more than
one copyright involved in any track). If you violate the copyright laws, there may be fines or
criminal charges brought against you, even if you don’t get any commercial benefit from the
illegal copies. You agree to indemnify and hold harmless City Bible Music / Generation
Unleashed, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable,
for all claims resulting from your use of such song files and/or from your violation of any
copyright laws by such use.
Loss of Rights by City Bible Music / Generation Unleashed . City Bible Music / Generation
Unleashed may at any time lose the right to make certain Tracks and/or Materials available
entirely or for certain uses permitted as part of your tier of Service. In such event, you will no
longer be able to obtain these Tracks at all or for the particular tier of Service that we lose the
rights for.
Customer Support. Please direct any questions concerning, the Service, billing and/or Usage
Rules to a City Bible Music / Generation Unleashed customer service representative by visiting
http://www.generationunleashed.com/ and using the Email Us form.
Restrictions. You may not use the Service to transmit, display, perform or otherwise make
available any content or materials (i) that are illegal, obscene, threatening, of a “spamming”
nature, defamatory, or invasive of privacy; (ii) that constitute political campaigning or
commercial solicitation or that contain software viruses or other computer code designed to
interfere with the functionality of any computer systems; or (iii) that infringe third-party rights or
harm minors in any way. You may not interfere with or disrupt the Service or any networks
connected to or by the Service. In addition, you may not use a false email address or otherwise
mislead other members as to your identity or to the origin of a message or content. By posting
messages, inputting data, or engaging in any other form of communication through the
Service, you agree that City Bible Music / Generation Unleashed may copy, sublicense, adapt,
transmit, publicly perform or display any such content to provide and/or promote the Service
and/or to respond to any legal requirement, claim or threat. If City Bible Music / Generation
Unleashed’s use of such content exploits any proprietary rights you may have in such material,
you agree that City Bible Music / Generation Unleashed has an unrestricted, royalty-free, nonexclusive
and perpetual worldwide right do so. You agree that any loss or damage of any kind
that occurs as a result of the use of any messages, content or material that you upload, post,
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transmit, display or otherwise make available through your use of the Service is solely your
responsibility.
CHARGES / BILLING
Agreement to Pay. You agree to pay for all Tracks and Materials and any other items or
services that you may purchase through the Service and City Bible Music / Generation
Unleashed may charge your billing payment method for any such payment(s). City Bible
Music / Generation Unleashed may, in its discretion, post charges to your billing payment
method individually or may aggregate your charges with other purchases you make on the
Service. You are responsible for keeping your account secure and confidential and you will be
responsible for any charges that are incurred by any person through your account. All charges
will be billed to the billing payment method you designate when you first make a purchase or
incur a charge. If any of your billing information changes, you must update that information in
the “Payment Information” section of the “My Account” area. If your credit card company or
Paypal (or their intermediary service providers) updates your billing information for you by
providing revised billing information to us for your existing account, we will use that information
to continue to bill your existing account (for example, if you lost your credit card but maintained
your Visa or MasterCard account with a new account number, Visa or MasterCard may
automatically send us your new account number.)
Right to Change Prices. All prices for products within the Service are subject to change by City
Bible Music / Generation Unleashed at any time.
Taxes. Prices quoted are generally exclusive of any applicable taxes, including but not limited
to state sales taxes which will be added to your bill if and as applicable. City Bible Music /
Generation Unleashed reserves the right to change this policy at any time.
Electronic Contracts. You agree that any submissions you make for electronic purchases
constitute your intent and agreement to be bound by the terms of and to pay for such
purchases. To the extent that such electronic purchases are offered to you by a third party, you
acknowledge that City Bible Music / Generation Unleashed shall not be responsible or liable to
you for the products or services purchased.
YOUR USE OF City Bible Music / Generation Unleashed WEBSITES AND WEB-BASED
ELEMENTS OF THE SERVICE
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device,
program, algorithm or methodology, or any similar or equivalent manual process, to access,
acquire, copy or monitor any portion of any City Bible Music / Generation Unleashed websites
or mobile WAP sites, the Service or any Tracks or Materials or in any way reproduce or
circumvent the navigational structure or presentation of the Service to obtain or attempt to
obtain any materials, documents or information through any means not purposely made
available through the Service. City Bible Music / Generation Unleashed reserves the right to bar
any such activity, including via software and other electronic means.
You may not attempt to gain unauthorized access to any portion or feature of the Service, or
any other systems or networks connected to the Service or to any City Bible Music /
Generation Unleashed server, or to any of the services offered on or through any City Bible
Music / Generation Unleashed websites, by hacking, password “mining” or any other
illegitimate means.
You may not probe, scan or test the vulnerability of any City Bible Music / Generation
Unleashed websites, WAP sties and/or the Service or any connected network, nor breach any
of City Bible Music / Generation Unleashed’s security or authentication measures. You may not
reverse look-up, trace or seek to trace any information on any other user of or visitor to any
City Bible Music / Generation Unleashed website or the Services, or exploit the Service or any
service or information made available or offered by or through the Site, in any way where the
purpose is to reveal any third party information. You agree that you will not take any action that
imposes an unreasonable or disproportionately large load on the infrastructure of City Bible
Music / Generation Unleashed’s websites, Service or other systems. You agree not to use any
device, software or routine to interfere or attempt to interfere with the proper working of the
Service.
INTERNATIONAL CONSIDERATIONS
Due to requirements from our content licensors, the Service is only available to residents of the
United States. You understand and agree that you may not sign up for, access, or attempt to
access or use the Service from countries outside of the U.S. You agree to abide by U.S. and
other applicable export control laws and further, not to upload to the Service any data or
software that cannot be exported.
PRIVACY
For additional information regarding City Bible Music / Generation Unleashed’s use of
information collected in connection with the Service, please refer to City Bible Music /
Generation Unleashed’s Privacy Policy, a copy of which is available at http://www.City Bible
Music / Generation Unleashed.com/privacypolicy.html and which is expressly made part of this
Agreement.
COPYRIGHT INFORMATION
Notices. City Bible Music / Generation Unleashed respects the intellectual property rights of
others, and it expects you to do the same. If you know of or suspect that any use of the
Service, Tracks, Materials and/or the Client constitutes copyright infringement, please send a
notice to City Bible Music / Generation Unleashed Customer Support by visiting http://
www.generationunleashed.com/ and using the Email Us form. The notice must contain all of
the information set forth in Section 512©(3)(A) of the U.S. Copyright Act, 17 U.S.C. § 101 et
seq.
PATENT AND TRADEMARK
All trademarks, service marks, trade names, slogans, logos, and other indicia of origin that
appear on or in connection with the Service are the property of Generation Unleashed and/or
its affiliates, licensors and/or licensees. You may not copy, display or use any of these marks
without prior written permission of the mark owner. The Service and the Client (and portions of
them) may be protected under patent law and may be the subject of issued patents and/or
pending patent applications.
VIOLATION OF INTELLECTUAL PROPERTY RIGHTS
If City Bible Music / Generation Unleashed receives a notice alleging that you have engaged in
behavior that infringes Generation Unleashed’s or other’s intellectual property rights or
reasonably suspects the same, City Bible Music / Generation Unleashed may suspend or
terminate your account without notice to you. If City Bible Music / Generation Unleashed
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available internationally? Credit
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suspends or terminates your account under this paragraph, it shall have no liability or
responsibility to you, including for any amounts that you have previously paid.
PROMOTIONS AND ADVERTISING
City Bible Music / Generation Unleashed and/or its business partners may present
advertisements or promotional materials on or through the Service and on any Generation
Unleashed Websites. Your participation in any promotional event is subject to the terms and
conditions associated with that event. Your dealings with, or participation in promotions of, any
third-party advertisers on or through the Service or any Generation Unleashed website are
solely between you and such third-party. You agree that City Bible Music / Generation
Unleashed shall not be responsible or liable for any loss or damage of any sort incurred as the
result of any such dealings or as the result of the presence of such third parties on the Service
or any Generation Unleashed website.
LINKS TO THIRD-PARTY SITES
The Service and any Generation Unleashed website may present links to third-party websites
not owned or operated by City Bible Music / Generation Unleashed. City Bible Music /
Generation Unleashed is not responsible for the availability of these sites or their contents. You
agree that City Bible Music / Generation Unleashed 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.
MODIFICATIONS TO SERVICE
City Bible Music / Generation Unleashed reserves the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or
without notice to you, without any liability to you or to any third party.
REMEDIES
You understand and agree that your use of any City Bible Music / Generation Unleashed
website, the Service, Tracks, and the Materials is at your own sole risk. THE GENERATION
UNLEASHED WEBSITE, SERVICE, TRACKS AND MATERIALS (THE “PRODUCTS”) ARE
PROVIDED “AS IS” AND WITHOUT WARRANTY BY CITY BIBLE MUSIC / GENERATION
UINLEASHED OR ITS AGENTS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES,
LICENSORS, BUSINESS PARTNERS AND/OR SUPPLIERS (THE “CITY BIBLE MUSIC /
GENERATION UNLEASHED ENTITIES”), AS APPLICABLE, AND, TO THE MAXIMUM EXTENT
ALLOWED BY APPLICABLE LAW, THE CITY BIBLE MUSIC / GENERATION UNLEASEHED
ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE AND ANY WARRANTY OF NONINFRINGEMENT. THE CITY BIBLE
MUSIC / GENERATION UNLEASHED ENTITIES DO NOT WARRANT, GUARANTEE, OR MAKE
ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
PRODUCTS WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY
CAPABILITY OR OTHERWISE. YOU WILL NOT HOLD ANY CITY BIBLE MUSIC / GENERATION
UNLEASHED ENTITY RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOU
ACCESSING (INCLUDING ANY SOFTWARE OR SYSTEMS YOU USE TO ACCESS) THE
SERVICE OR USING THE PRODUCTS INCLUDING, BUT NOT LIMITED TO, DAMAGE TO ANY
COMPUTER, SOFTWARE OR SYSTEMS OR PORTABLE DEVICES YOU USE TO ACCESS THE
SAME . NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL
CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO ANY OF THE CITY BIBLE
MUSIC / GENERATION UNLEASHED ENTITIES.
CITY BIBLE MUSIC / GENERATION UNLEASHED MAKES NO WARRANTY THAT ANY
PARTICULAR CD BURNER OR PORTABLE DEVICE WILL BE COMPATIBLE WITH THE CLIENT
OR ANY DOWNLOAD FILE OR THAT ANY CD BURNED USING THE CLIENT WILL FUNCTION
IN ALL CD PLAYERS OR THAT ANY MOBILE FEATURES WILL BE SUPPORTED BY ANY
MOBILE PHONE, APPLICATION OR NETWORK. IT IS YOUR SOLE RESPONSIBILITY TO
ENSURE THAT YOUR SYSTEM WILL FUNCTION CORRECTLY WITH CITY BIBLE MUSIC /
GENERATION UNLEASHED.
UNDER NO CIRCUMSTANCES SHALL ANY CITY BIBLE MUSIC / GENERATION UNLEASHED
ENTITY BE LIABLE FOR ANY UNAUTHORIZED USE OF ANY CITY BIBLE MUSIC /
GENERATION UNLEASHED WEBSITE, THE SERVICE, TRACKS AND/OR MATERIALS.
UNDER NO CIRCUMSTANCES SHALL ANY CITY BIBLE MUSIC / GENERATION UNLEASHED
ENTITY BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL
DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE
USE OR INABILITY TO USE THE PRODUCTS, EVEN IF THE CITY BIBLE MUSIC /
GENERATION UNLEASHED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR
LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY
APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR
CIRCUMSTANCE, THE CITY BIBLE MUSIC / GENERATION UNLEASHED ENTITIES SHALL BE
ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND
LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH
PARTICULAR CIRCUMSTANCE, AND IN NO EVENT SHALL SUCH DAMAGES OR LIABILITY
EXCEED US$10.
LAW AND LEGAL NOTICES
This Agreement and any other terms or documents referred to herein represent your entire
agreement with City Bible Music / Generation Unleashed with respect to your use of the
Service. If any part of this Agreement is held invalid or unenforceable, that portion shall be
construed in a manner consistent with applicable law to reflect, as nearly as possible, the
original intentions of the parties, and the remaining portions shall remain in full force and effect.
The laws of the State of Oregon, excluding its conflicts of law rules, govern this Agreement and
your use of the Service, the Tracks and the Materials. You expressly agree that the courts in the
State of Oregon, Multnomah County, have exclusive jurisdiction over any claim or dispute with
City Bible Music / Generation Unleashed or relating in any way to your account or your use of
any City Bible Music / Generation Unleashed website, the Service, the Tracks, the Materials
and the Client. You further agree and expressly consent to personal jurisdiction over you in the
federal and state courts in Multnomah County in connection with any such dispute including
any claim involving City Bible Music / Generation Unleashed or its partners, parents, licensors,
affiliates, subsidiaries, employees, contractors, officers, directors or suppliers.
© 2009 City Bible Music.