HELP & INFO End User License Agreement
LICENSE HOLDER AGREEMENT
Whether purchasing or receiving as a premium downloadable audio/visual content (hereinafter, content) from any website owned and/or operated by Christianity Today International (hereinafter, Supplier), the individual making the transaction, or if buying under the direction of an employer, ministry, or organization, then the employer, ministry, or organization, becomes the License Holder (hereinafter, LH) of downloaded content. LH agrees to be bound by the terms and conditions of this agreement. Any employee, temporary worker, volunteer, or contractor under the direction of LH is also bound by the terms and conditions of this agreement.
DEFINITION OF CONTENT
Content is defined as any photograph, graphic art, video, film, animation, illustration, loop, music, sound, curriculum or any other similar downloadable material, regardless of file size or format, that Supplier is selling or offering as a premium to its members and/or non-members.
COPYRIGHT HOLDERS
LH acknowledges that Supplier or associated third parties who have produced content are the legal copyright holders and are offering usage of their content to LH under the terms and conditions of this agreement. All content is protected by United States and International Copyright Laws. The granting of license to use content does not transfer to LH any title, copyrights, or intellectual property rights to content. All copyright holders retain all rights to their content.
GRANTING OF LICENSE
Permission is granted to LH for the non-exclusive, non-transferable usage of content. LH may use content without limit as to the number of times content is used for non-broadcast, public performances on a royalty free basis.
Any individual, employer, ministry, or organization wanting to use content must obtain content through legal means. LH acknowledges that content regardless of being purchased or provided as a premium, may not be, in whole or in part, shared, leased, rented, sold under sub-license or distributed in any fashion to, including, but not necessarily limited to, individuals, members of any affiliation, denomination, association, partnering ministries or alliances. Only LH, or any employee, temporary worker, volunteer, or contractor under the direction of LH, may have access to content.
USAGES OF CONTENT
If LH desires to use content in ways not expressly granted in this agreement, LH must obtain written permission and/or additional licensing from copyright holders. If LH requires multiple copies of the same content for use in more than one location at the same time, LH agrees to purchase additional copies of content as needed in order to obtain legal license for each additional copy.
LH MAY use content in the following manners: a) project content in a non-broadcast, public setting; b) playback content as part of a closed circuit broadcast that services a single location; c) copy content so that any employee, temporary worker, volunteer, or contractor under the direction of LH may incorporate some or all content into a presentation being given by the employer, ministry, or organization; d) copy content for back up or archiving; e) copy presentation containing some or all content for back up or archiving.
LH MAY NOT use content in the following manners: a) post content on the Internet; b) incorporate content into a radio, television, cable, satellite, podcast, advertisement, or other such programming; c) duplicate and/or distribute content for free or for sale to any other party; d) create, duplicate, and/or distribute derivative works from content for free or for sale to any other party.
Content MAY NOT at anytime be used to create pornographic, libelous, obscene, fraudulent, illegal, or defamatory material.
WARRANTY OF SERVICE
Within the first thirty (30) days from the date of purchase, Supplier agrees to allow returns for credit on content when any of the following conditions apply: a) customer purchased the wrong content and states that the wrong content has been permanently deleted; b) customer ordered the incorrect quantity or file type; c) customer has a defective or corrupted file that Supplier is unable to replace in a timely fashion; or d) customer was not able to download files due to technical issues. Supplier will make every reasonable effort to remedy customer issues in a timely and professional manner. Proof of purchase may be necessary for warranty to be valid. Supplier reserves the right, at its sole discretion, not to allow a return for credit and/or to suspend a customer's account, if it suspects customer of abusing this warranty.
Content is provided AS IS and LH assumes all risks and responsibilities associated with its usage. Supplier makes no warranty that the files are compatible with customer computer(s), other equipment, and/or software. Customer shall hold harmless Supplier and any associated third parties, including, but not necessarily limited to, producers, copyright holders, and affiliates, against any damages that may arise from usage of content. Content is provided as downloadable files only. Supplier will not create and ship to LH a CD, DVD or other tangible means of content.
INDEMNIFICATION
LH agrees to indemnify Supplier and any associated third parties, including, but not necessarily limited to, producers, copyright holders, and affiliates, against any and all claims or liabilities asserted or alleged against Supplier as a result of LH having access to any website owned and/or operated by Supplier. Indemnification also extends to any connection regarding the breach of any of the terms and conditions of this agreement.
JURISDICTION
This agreement is governed by the laws in force in the state of Illinois, United States of America. If a court of competent jurisdiction finds any provision or portion of this agreement to be unenforceable, it will not affect the validity of the balance of this agreement which shall remain valid and enforceable according to its terms and conditions. All copyright holders reserve the right to puruse any legal action regarding copyright infringement. For all legal matters that rise between LH and any copyright holder, jurisdiction shall default to geographical location of the copyright holder or other competent jurisdiction.
FUTURE AMENDMENTS
Supplier has the right to amend this agreement at anytime without notice. Any changes to this agreement shall be posted on websites that Supplier uses to supply LH with content. LH acknowledges that it shall be bound by such changes and that it will review this agreement online from time to time to reference any amendments to this agreement.
Last revised, May 7, 2006. |