RELIGION NEWS SERVICE TERMS AND CONDITIONS
- Rights and Restrictions. The Service consists of the Material transmitted by Licensor to Licensee. Licensor grants Licensee the one-time right to publish the Material in the print version of the publication(s) specified on the face of this Agreement and the right to publish, reproduce, display, distribute, perform or transmit the Material in any other format or media including without limitation electronic, optical, telephonic, or digital media, online services, cable, or fax, related to, associated with, or part of the above-referenced publication(s). Licensee may not publish or otherwise use the Material after the expiration or termination of this Agreement. Licensee may not allow any third parties to use the Material in any way. All rights not expressly granted to Licensee remain the sole property of and are reserved to Licensor.
- Credits. All Material that Licensee publishes will be accompanied by a proper copyright notice and credits in the exact form in which they appear on the Material furnished by Licensor or as otherwise specified by Licensor.
- Editing. Licensee shall not edit, revise, or otherwise alter the Material so as to change the substance or meaning of the Material. Licensee shall indemnify and hold harmless Licensor (and those providing the Material to Licensor) from any and all claims, damages, liabilities and reasonable costs and expenses (including attorney fees) arising out of a breach or alleged breach of this provision.
- Release Dates and Withdrawn Material. Licensee will honor all release dates and restrictions on advance Material. If Licensor notifies Licensee that any Material should not be used or should be withdrawn from use, Licensee will immediately and fully honor such a request.
- Responsibility. Licensor further represents and warrants that none of the products, services or content provided or licensed by Licensor to Licensee hereunder infringes upon or violated any copyright, patent, trademark or other third party right and that the provision of the products and services contemplated hereunder shall comply with applicable law. Licensor will use commercially reasonable efforts to ensure that the products, services or content provided or licensed hereunder doe not contain any disabling devices, viruses, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots, or other computer programming routines that will damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
- Interruption in Service. Licensor shall in no event be liable for any loss or damage to Licensee nor shall this Agreement terminate by reason of non-delivery, delays or interruptions in the delivery of the Material due to causes beyond Licensor’s reasonable control or caused by third parties; provided however, that any fees or charges due for non-delivery hereunder shall be equally adjusted.
- Furnishing of Licensee’s Publication. If requested by Licensor, Licensee will furnish one copy of the issue(s) of its publication in which Material is published to Licensor at no charge.
- Payment Obligations.
(a) Licensee will pay for the Material delivered pursuant to this Agreement regardless of whether Licensee actually makes use of the Material.
(b) Licensee’s breach of this Agreement including but not limited to a failure to pay the charges set forth in this Agreement which remains uncured for 30 days after Licensee receives written notice thereof shall constitute an event of default which shall entitle Licensor to terminate delivery of the Material and recover (i) arrearages; (ii) the remaining payments due under the Agreement less the savings realized by termination; (iii) interest at one and one-half percent per month for past-due amounts; and (iv) reasonable costs and attorney fees incurred in collecting any past due amounts.
- Indemnification. Each party (the “indemnifying party”), at its own expense, will indemnify, defend, and hold harmless the other party and its officers, directors, employees, agents, parent companies, subsidiaries and affiliates and their respective successors and permitted assigns (collectively, the “indemnified party”), with respect to any third-party claim, loss, demand, cause of action, debt or liability, including reasonable attorneys’ fees, arising out of or related to (a) any breach or alleged breach of its obligations, representations or warranties under this Agreement, or any willful, intentional or negligent action or failure by the indemnifying party, its employees or agents; (b) any actual or alleged patent or copyright infringement (including any contributory infringement claims), misappropriation of confidential information or violation of other intellectual or proprietary rights or licenses, including, without limitation, patent, copyright, trademark or trade secret rights, related to any materials or content provided or created by the indemnifying party under this Agreement; and (c) the indemnifying party’s business and operations.
- Assignment. Licensee shall not assign this Agreement without the prior written consent of Licensor, and any assignment without such prior written consent shall be null and void. In the event of a sale, transfer or consolidation of Licensee’s publication, Licensee agrees to cause the assignee or successor to expressly assume all of Licensee’s obligations hereunder.
- Miscellaneous. This Agreement and all the attached Terms and Conditions sets forth the entire agreement of the parties and supersedes all prior agreements regarding the Material. This Agreement may only be modified or amended in a writing signed by the party to be charged therewith. All notices of termination or non-renewal shall be sent by certified mail, return receipt requested. No waiver of any breach or right shall constitute a waiver of any other or future breach or right. If any term of this Agreement is held to be illegal or unenforceable, such a determination shall not affect the legality or enforceability of the remaining terms of the Agreement. This Agreement shall be governed by the laws of the State of Ohio.
PHOTO TERMS AND CONDITIONS
- Copyright. The Materials on the Service are protected by U.S. and international copyright laws, and are owned or controlled by Licensor, or the party credited as the provider of the Service. You agree to abide by all additional copyright notices, information, or restrictions contained in this Agreement or elsewhere throughout the Service.
- Restrictions. The Service consists of selected content that Licensor identifies on the previous page as being available to you. You may download only those Materials. If you are a publisher, then Licensor grants to you the one-time right to publish the Materials in the print or online version of your publication for editorial purposes only. You may not include the Materials in an advertisement. If you are an individual not associated with a print or Web publication, you may only use the photos for non-commercial purposes. You may not publish or otherwise use the Materials in any other format or media besides print, including without limitation, electronic or optical media, Internet, cable, fax, or teletext without express written permission from the Service. You may not publish or otherwise use the Materials after the expiration or termination of this Agreement. You may not allow any third parties to use the Materials in any way. All rights not granted to you remain the sole property of and are reserved to Licensor.
- Credits. All Materials that you publish must be accompanied by a proper copyright notice and credits in the exact form in which they appear on the Materials furnished by Licensor, or as otherwise specified by Licensor on the Service.
- Alterations. You shall not retouch, crop, modify or otherwise alter the Materials so as to distort the substance of the Materials. You shall indemnify and hold harmless Licensor and/or its affiliates (and those providing the Materials to Licensor) from any and all claims, damages, liabilities and reasonable costs and expenses (including attorneys fees) arising out of a breach or alleged of this provision or paragraph 2 above.
- Release Dates and Advance Materials. You will honor all release dates and restrictions on advance Materials, if any, as noted on the Service.
- Responsibility. Licensor further represents and warrants that none of the products, services or content provided or licensed by Licensor to Licensee hereunder infringes upon or violated any copyright, patent, trademark or other third party right and that the provision of the products and services contemplated hereunder shall comply with applicable law. Licensor will use commercially reasonable efforts to ensure that the products, services or content provided or licensed hereunder doe not contain any disabling devices, viruses, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots, or other computer programming routines that will damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
- Force Majeure. Licensor shall in no event be liable for any loss or damage to you nor shall this Agreement terminate by reason of non-delivery, delays or interruptions in the delivery of the Materials due to causes beyond Licensor’s reasonable control or caused by third parties; provided however that any fees or charges due for non-delivery hereunder shall be equitably adjusted.
- Furnishing of Licensee’s Publication. If requested by Licensor, you will furnish one copy of the issue(s) of its publication in which the Materials are published to Licensor at no charge.
- Payment Obligations.
(a) You will pay for any Materials downloaded pursuant to this Agreement regardless of whether you actually make use of the Materials, and for any amounts due even if you fail to download the minimum amount of Materials to which you are entitled for a particular period.
(b) Your breach of this Agreement (including but not limited to a failure to pay the charges set forth in this Agreement which remains uncured for 30 days after Licensee receives written notice thereof) shall constitute an event of default which shall entitle Licensor to terminate delivery of the Materials and recover (i) arrearages; (ii) the remaining payments due under the Agreement less the savings realized by termination; (iii) interest at one and one-half percent per month for past-due amounts; (iv) reasonable costs and attorney fees incurred in collecting any past due amounts; and (v) any other remedies at law or in equity to which Licensor may be legally entitled.
- Registration and Security.
(a) As part of the registration process, you have been assigned a password and a user name. You agree to be responsible for maintaining the confidentiality of this password. You have also provided Licensor with certain registration information, all of which must be accurate and updated. Should any registration information change, please notify Licensor at [email protected]. You may not: (i) select or use a subscriber ID of another person or entity with the intent to impersonate that person or entity; or (ii) use a subscriber ID in which another person or entity has rights without such person’s or entity’s authorization. Failure to comply with the foregoing shall constitute a breach of this Agreement.
(b) You agree to notify Licensor of any known or suspected unauthorized use(s) of your account and/or the Service, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.
(c) You agree not to tamper, alter or otherwise interfere with the Service.
(d) You must be 18 years or older to subscribe to the Service.
- Indemnification. Each party (the “indemnifying party”), at its own expense, will indemnify, defend, and hold harmless the other party and its officers, directors, employees, agents, parent companies, subsidiaries and affiliates and their respective successors and permitted assigns (collectively, the “indemnified party”), with respect to any third-party claim, loss, demand, cause of action, debt or liability, including reasonable attorneys’ fees, arising out of or related to (a) any breach or alleged breach of its obligations, representations or warranties under this Agreement, or any willful, intentional or negligent action or failure by the indemnifying party, its employees or agents; (b) any actual or alleged patent or copyright infringement (including any contributory infringement claims), misappropriation of confidential information or violation of other intellectual or proprietary rights or licenses, including, without limitation, patent, copyright, trademark or trade secret rights, related to any materials or content provided or created by the indemnifying party under this Agreement; and (c) the indemnifying party’s business and operations.
- Assignment. You may not assign this contract without the prior written consent of the Licensor, and any assignment without such prior written consent shall be null and void. In the event of a sale, transfer or consolidation of your publication, if any, you agree to cause the assignee or successor to expressly assume all of your obligations hereunder. Any assignment contrary to the above shall be null and void.
- DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY:
YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED “AS IS”, AND THE LICENSOR AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE. LICENSOR AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE.
LICENSOR AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR USE OF OR RELIANCE ON THE SERVICE OR ANY OF THE INFORMATION OR MATERIALS AVAILABLE ON THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
