These Terms Of Service apply to all content purchased or downloaded for free globally.
[Updated September 21, 2011]
CONTENT LICENSE AGREEMENT
1.INTRODUCTION. Youth Ministry 360, Inc. ("YM360") grants to the church or other ministry organization (the "Organization") which purchases this curriculum subscription or other content license (the "License") a limited license to use YM360's proprietary Content and Trademarks (as defined below) strictly as set forth in this agreement (the "Agreement"). By checking the "I Agree" box on the website or using the Content or Trademarks, you agree to legally bind you and your Organization to the terms of this Agreement.
2.RIGHTS INCLUDED. Depending on the License purchased, it may include curriculum materials, lesson plans, leader's guides, group event materials, presentations, student materials, parent materials, forms, handouts, images, messages, video recordings, audio recordings, posters, text, data, and other copyrighted content in any format or medium (collectively, "Content") and trademarks, logos, and brands (collectively, "Trademarks"). The License is limited to the Content and Trademarks included in the materials made available by YM360 as part of the Content package licensed by the Organization; separate subscriptions are required to access and use the various curriculum lines and other Content offered by YM360 (e.g.DNow¬Æ, The Edge™, The Core™, etc.). The License also includes the right to use the YM360™ trademark in accordance with this Agreement and the Usage Guidelines to identify that the Organization is using YM360 curriculum as part of its ministry.
3.LIMITED LICENSE. Subject to the terms of this Agreement, YM360 grants to the Organization a limited, non-exclusive, royalty-free license during the Term to display and reproduce the Trademarks and to display, print, and perform the Content, in each case strictly in accordance with the Usage Guidelines and solely in order to promote, display, perform, and conduct the ministry program described in the License. Except as expressly provided otherwise in this Agreement or the Usage Guidelines, the Organization agrees not to use any Trademark or Content in, on, or associated with any for-sale products or services, including products or services sold to members of the Organization. The Organization agrees not to alter the Trademarks without prior written approval from YM360 and all use of the Trademarks inures to the benefit of YM360. The Organization agrees to maintain a high level of integrity, quality, and Biblical consistency in the programs in which it uses the Trademarks or the Content. The "Usage Guidelines" are available below and may be changed by YM360 from time to time, and are hereby incorporated into this Agreement. The Organization acknowledges that representatives of YM360 may, upon reasonable notice, inspect said programs to confirm conformance with the standards referenced in this Agreement.
4.NO SUBLICENSE OR ASSIGNMENT. The License granted by this Agreement does not permit the Organization to sublicense the Trademarks or the Content, or assign this Agreement, to any other person or organization without the prior written approval of YM360. Any attempted sublicense or assignment without such approval is null and void and constitutes a material breach of this Agreement. Each campus of the Organization using the Content must purchase a separate License.
5.ADAPTATIONS. To the extent that the Organization creates any Adaptation (as defined in the Usage Guidelines) of the Content, the Organization hereby transfers and assigns sole copyright to each Adaptation, on a rolling basis upon creation, to YM360. During the Term, YM360 grants back to the Organization a non-exclusive license to use the Adaptation on the same terms and restrictions as the Content is licensed to the Organization under this Agreement.
6.TERRITORY/TERM. The "Territory" is the geographic area served by the Organization or the campus of the Organization using the Content. The "Term" is the period commencing on the date that the Organization accepts the terms of this Agreement and the Usage Guidelines and continuing until termination as provided for in this Agreement. Sections 5, 11, and 13-16 will survive termination or expiration of this Agreement.
7.VALID RIGHTS/NOTICE OF INFRINGMENT. The Organization acknowledges that the Trademarks are valid and valuable trademarks exclusively owned by YM360 and the copyrightable components of the Content are copyrighted works exclusively owned by YM360 and/or its licensors. The Organization will not challenge or dispute YM360's exclusive rights in and to the Trademarks or the Content, and agrees to provide prompt written notice to YM360 in the event that the Organization learns that any person or organization infringed or is infringing upon YM360's rights to the Trademarks or the Content.
8.WARRANTIES. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, THE CONTENT, TRADEMARKS AND LICENSE ARE PROVIDED "AS IS". YM360 represents that, to the best of its knowledge, it has the right to license the Trademarks and the Content to the Organization for the uses set forth in this Agreement. YM360 MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, REGARDING THE LICENSE, TRADEMARKS OR CONTENT, AND EXPRESSLY MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
9.INDEMNIFICATION/INSURANCE. The Organization agrees to defend, indemnify, and hold harmless YM360 and its subsidiaries, affiliates, officers, directors, employees, members, agents, and all of their successors and assigns against any claim, dispute, loss, expenses, damages, or other liability arising in whole or in part from the Organization's breach of this Agreement or use of the Trademarks or Content, except solely for those claims that arise directly and solely from YM360's gross negligence or breach of this Agreement. The Organization represents that it carries general liability insurance (including coverage for the indemnification obligation in this Agreement), that it will add YM360 as an additional insured under said policy, and that it will provide YM360 with a certificate of insurance and copy of the policy indicating same promptly upon YM360's request.
10.LIMITATION OF LIABILITY. YM360's maximum liability to the Organization related in any way to this Agreement, the License, Trademarks, or Content will be the refund of the amount paid by the Organization for the License. IN NO EVENT WILL YM360 HAVE ANY LIABILITY TO THE ORGANIZATION FOR ANY OTHER AMOUNTS OR FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, WHETHER OR NOT THE ORGANIZATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.RELATIONSHIP. This Agreement does not create any affiliate, partnership, joint venture, or agency relationship between YM360 and the Organization, and the Organization agrees not to imply that any such relationship exists.
12.DATA/LINKS. The Organization agrees that YM360 and its affiliates may collect and use aggregated data regarding the Organization's use of the Content in order to improve YM360's products and services, or to provide customized services to the Organization. The Content may include links to third party sites. The third party sites are not under YM360's control, and YM360 is not responsible for their content, or any links contained in them. YM360 is providing these links as a convenience, and the inclusion of any link does not imply endorsement by YM360.
13.TERMINATION. YM360 reserves the right to terminate this Agreement at any time with no refund in the event of the Organization's breach of any term of this Agreement. Additionally, YM360 reserves the right at any time to terminate the license to a specific Trademark or component of Content by replacing it with a new Trademark or Content, or in YM360's discretion, issuing a pro-rata refund to the Organization in the event YM360 discovers that a Trademark or component of Content infringes upon the rights of any third party.
14.WAIVER. Failure by YM360 to enforce any term of this Agreement will not be deemed a waiver of its right to enforce that or any other term of this Agreement or any other agreement that exists between the parties.
15.GOVERNING LAW/DISPUTE RESOLUTION. This Agreement shall be interpreted under the laws of the State of Alabama without regard to conflict of law provisions. Any dispute, controversy, or claim arising under, out of, in connection with, or in relation to this Agreement, except for any claim seeking only injunctive relief, will be subject to final and binding arbitration before a three arbitrator panel (one arbitrator selected by each party, which arbitrators select the third) conducted applying Alabama substantive law in accordance with and subject to the Rules of Procedure for Christian Conciliation (the "Rules") as established by the Institute for Christian Conciliation (a division of Peacemaker Ministries). Any request for arbitration shall be delivered to the other party and shall contain a summary of the controversy or claim, the causes of action and theories of liability that the requesting party believes it has against the other party, and a statement of the relief which the requesting party believes to be appropriate. The arbitration will be completed in no more than sixty (60) days from the date the arbitrators are selected, unless the arbitrators require an extension. Any arbitration proceedings will be held by telephone or, if a hearing is deemed necessary by the arbitrators, in Birmingham, Alabama. Judgment upon any award rendered in arbitration may be entered in any court having jurisdiction thereof. In addition to any other relief, the prevailing party shall be entitled to recover its costs including reasonable attorneys' fees and expert witness fees. This paragraph does not prevent YM360 from seeking an injunction or other extraordinary relief to protect or stop the infringement of the Trademarks or the Content, and the Organization agrees that YM360 shall be entitled to seek injunctive relief to stop such infringement.
16.ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties and supersedes all other written or oral statements or previous agreements regarding the License, Trademarks, or Content. [Updated September 21, 2011]
USAGE GUIDELINES FOR SUBSCRIBING ORGANIZATIONS AND LICENSEES
1.GENERAL GUIDELINES: a.These guidelines supplement the Youth Ministry 360 Content License Agreement. Your Organization's use of Youth Ministry 360 Content must comply with these guidelines and the applicable Content License Agreement. Capitalized terms in these guidelines are defined in the respective Content License Agreement. b.Access to and use of the Content and Trademarks is restricted to employees and volunteers of the subscribing Organization solely to conduct your Organization's ministry program. The Organization will not share Content with any third party. Each Organization employee or volunteer must use a separate login and password when accessing the Content. c.POSTING ANY YOUTH MINISTRY 360 CONTENT, TRADEMARKS, OR ADAPTATIONS, IN WHOLE OR IN PART, ON UNSECURED OR PUBLIC WEB SITES (E.G. YOUTUBE) OR USE OF ANY YOUTH MINISTRY 360 CONTENT OR TRADEMARKS IN FOR-SALE OR COMMERCIAL PRODUCTS OR SERVICES ARE STRICTLY PROHIBITED AND WILL AUTOMATICALLY VOID YOUR LICENSE.
2.TEXT AND IMAGES: a.Content may be distributed only to the youth and families within the applicable youth ministry environment, program, or event of your Organization during the Term set forth in the License Agreement. The Organization agrees that it will not reproduce Content. The Organization or users of the Content, other than staff and volunteer leaders, must purchase student materials for each relevant Content program. b.Content may be distributed to your staff and volunteers through accessing the Content online, provided that access is limited to the number of staff and volunteers reasonably necessary. c.The Organization may display promotional Content (e.g. artwork or videos promoting the program) provided by Youth Ministry 360 on the Organization's corporate website, provided that Youth Ministry 360 expressly designates the Content for such purpose. The Organization will not display lesson plans, studies, or other Content on any Organization website or in any other electronic or public forum without the express written consent of Youth Ministry 360. d.Your Organization may create original content (collectively, "Adaptations") adapted from the curriculum Content, provided that: 1) the Adaptations are displayed and used solely in the youth ministry environment or program operated by the Organization during the Term set forth in the Content License; 2) the Adaptation is not distributed, sold, or otherwise reproduced; and 3) attribution is given as follows: "Adapted from [curriculum name] with permission. ¬© [year], Youth Ministry 360, Inc." No more than one hundred (100) words of Content may be quoted without Youth Ministry 360's prior written consent. Any other licenses required to create or record the Adaptations must be separately acquired by, and are solely the responsibility of, the Organization. Please note the rights your Organization grants to Youth Ministry 360 for each Adaptation you create, as described in the Content License Agreement. e.Adaptations and authorized revisions must comply with the doctrinal guidelines of our statement of faith (located at here) and all revised documents must maintain the specific copyright language included on the original documents. f. Any Adaptations may be promoted solely to the Organization's membership, on the Organization's premises or official Organization off-site events, and on the Organization's corporate website.
3.VIDEO: Video files posted by Youth Ministry 360 for download as part of a License may be used by your Organization as follows during the License Term: a.Playback on Organization premises or at official Organization off-site event: unlimited b.Permission to burn video to CD/DVD: The Organization may burn a reasonably necessary number of video files to CD/DVD, provided that any copy made be used solely for official Organization events (e.g. Organization youth group events, Organization-sponsored in-home group bible studies, etc.) and any use of the files otherwise complies with these Usage Guidelines and the Content License Agreement. c.The Organization may record a staff member or volunteer presenting the Content, provided that such recording will not be used for any commercial purpose or posted or displayed in any online forum (e.g. Organization website, iTunes, YouTube, etc.). The recording may be shown or played solely to the Organization's membership on the Organization's premises or at an official Organization off-site event. The Organization may use portions of the recording, no more than one (1) minute in length, to promote future Organization events involving the Content.
4.PACKAGED PRODUCTS: Use of packaged Youth Ministry 360 CD/DVD products is subject to these Usage Guidelines. Said products are intended to be performed and/or displayed within Organization events and ministry programs as specified in Sections 2 and 3 above, and may not be otherwise exploited. The purchaser of these products agrees not to reproduce or publicly perform the files included in these products except as expressly authorized by these Usage Guidelines and the Content License Agreement, and agrees not to post or display any file, Trademark, or Content in any forum or web site or to make such files available to any third party. To the extent provided by law, lawful owners of packaged Youth Ministry 360 CD/DVD products may sell them to a third party, provided that all files reproduced from the CD/DVD's Content have been deleted from all computers or other devices before sale of the product.
5.TRADEMARKS: Trademarks may be reproduced and displayed in connection with the event and/or program in which you are using the corresponding curriculum under a current License. You agree to use the Trademarks in the form provided by Youth Ministry 360 without alteration of any kind and to include the trademark notices ("™" or "¬Æ") used by Youth Ministry 360 with each display of the Trademarks. The trademark license does not include the right to use any Trademark in your Organization's name, in the name of an Organization's ministry or program, or in connection with a for-sale product or service offered by your Organization. Any use of a Trademark in text should be in ALL CAPS with the appropriate trademark notice (e.g. DNOW¬Æ).
6.The Organization agrees to cease all use of the Content and Trademarks upon expiration or termination of the applicable License. Additionally, all copies of Content accessed through the License and stored by the Organization on any hard drive or other storage device or in hard copy must be deleted or destroyed upon expiration or termination of the License.
7.It is your responsibility to inform each user of the restrictions applicable to use of the Content and Trademarks under these Usage Guidelines, and to enforce them.
8.Curriculum materials are provided on a rolling availability. In the event that you require materials that are no longer available on the website, retrieval is available for a fee of up to $25.00.