These Terms Of Service apply to all content purchased or downloaded for free globally.
[Updated September 21, 2011]
CONTENT LICENSE AGREEMENT
1. INTRODUCTION. Iron Hill Press, a subsitary of 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 INFRINGEMENT. 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.
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 Iron Hill Press, Youth Ministry 360 without alteration of any kind and to include the trademark notices ("™" or "¬Æ") used by Iron Hill Press, 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.
WHAT PERSONAL INFORMATION DO WE COLLECT FROM THE PEOPLE THAT VISIT OUR BLOG, WEBSITE OR APP?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, credit card information or other details to help you with your experience.
WHEN DO WE COLLECT INFORMATION?
We collect information from you when you register on our site, place an order, subscribe to a newsletter, respond to a survey, fill out a form, Use Live Chat or enter information on our site.
Provide us with feedback on our products or services
HOW DO WE USE YOUR INFORMATION?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
• To personalize user's experience and to allow us to deliver the type of content and product offerings in which you are most interested.
• To improve our website in order to better serve you.
• To allow us to better service you in responding to your customer service requests.
• To administer a contest, promotion, survey or other site feature.
• To quickly process your transactions.
• To ask for ratings and reviews of services or products
• To follow up with them after correspondence (live chat, email or phone inquiries)
HOW DO WE PROTECT VISITOR INFORMATION?
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.
WE USE REGULAR MALWARE SCANNING.
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.
All transactions are processed through a gateway provider and are not stored or processed on our servers.
DO WE USE 'COOKIES'?
• Help remember and process the items in the shopping cart.
• Understand and save user's preferences for future visits.
• Keep track of advertisements.
• Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser's Help menu to learn the correct way to modify your cookies.
Help remember and process the items in the shopping cart. Understand and save user's preferences for future visits. Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.
IF USERS DISABLE COOKIES IN THEIR BROWSER:
If you disable cookies off, some features will be disabled It will turn off some of the features that make your site experience more efficient and some of our services will not function properly.
However, you can still place orders over the telephone by contacting customer service.
THIRD-PARTY DISCLOSURE We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it's release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
WE ENGAGE IN THIS PRACTICE BECAUSE,: In order to honor some added value offerings we could share some of your information with 3rd Parties.
For Facebook: https://www.facebook.com/ads/website_custom_audiences/
THIRD-PARTY LINKS Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites. GOOGLE Google's advertising requirements can be summed up by Google's Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en We have not enabled Google AdSense on our site but we may do so in the future.
HOW DOES OUR SITE HANDLE DO NOT TRACK SIGNALS? We honor do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
DOES OUR SITE ALLOW THIRD-PARTY BEHAVIORAL TRACKING? It's also important to note that we allow third-party behavioral tracking
COPPA (CHILDREN ONLINE PRIVACY PROTECTION ACT) When it comes to the collection of personal information from children under 13, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation's consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online. We do not specifically market to children under 13.
FAIR INFORMATION PRACTICES The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
IN ORDER TO BE IN LINE WITH FAIR INFORMATION PRACTICES WE WILL TAKE THE FOLLOWING RESPONSIVE ACTION, SHOULD A DATA BREACH OCCUR We will notify the users via in-site notification • Within 7 business days We also agree to the Individual Redress Principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.
CAN SPAM ACT The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
WE COLLECT YOUR EMAIL ADDRESS IN ORDER TO: • Send information, respond to inquiries, and/or other requests or questions. • Process orders and to send information and updates pertaining to orders. • We may also send you additional information related to your product and/or service. • Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.
TO BE IN ACCORDANCE WITH CANSPAM WE AGREE TO THE FOLLOWING: • NOT use false or misleading subjects or email addresses. • Identify the message as an advertisement in some reasonable way. • Include the physical address of our business or site headquarters. • Monitor third-party email marketing services for compliance, if one is used. • Honor opt-out/unsubscribe requests quickly. • Allow users to unsubscribe by using the link at the bottom of each email.
IF AT ANY TIME YOU WOULD LIKE TO UNSUBSCRIBE FROM RECEIVING FUTURE EMAILS, YOU CAN EMAIL US AT • Follow the instructions at the bottom of each email. and we will promptly remove you from ALL correspondence.