Vivid Curriculum Media Terms & Conditions of Use
This is a legal agreement between you or your church, company, firm or other organization (“you”) and Outreach Inc. (“Outreach”) or Vivid Curriculum (“Vivid curriculum”). Vivid curriculum is an activity owned and operated by Outreach. Outreach has been appointed agent by its content producers and contributors to grant this License on their behalf.
Please read this agreement carefully in its entirety before you download or use any media. By downloading media products on Vivid curriculum, whether as part of a direct purchase or as a benefit of a subscription product, you agree to be bound by a non-exclusive, non-transferable, revocable, limited license subject to the terms and conditions of this End User License Agreement (“EULA” or the “Agreement”). The license is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Vivid curriculum and Outreach have been granted sublicensable rights by the content producers and copyright owners of the media. If you have any questions regarding this EULA and its terms please contact Outreach by email at: firstname.lastname@example.org.
2. This License Grants You the Following Rights
You may download and exhibit, perform, or display media in any kind of church service, ministry meeting, conference, Bible study, small group, life group, or any gathering of people in a non-commercial setting.
You may make one copy solely for the purposes of backing up or archiving media.
You may forward a downloaded media file or share through a cloud service, media to persons who are within and represent your organization, paid or volunteer, and directly contribute to conducting church services, provided they agree to the terms herein.
3. The License Specifically Prevents the Proceeding Actions
You may not exhibit media at more than one location at a given time.
You may not make a copy of media available to congregations or members.
You may not copy, distribute, or transfer media to other persons outside of your organization.
You may not upload media to the cloud and allow others outside your organization to access.
You may not use for any commercial purposes, including, but not limited to reselling, incorporating into commercial works, or packaging with any other products for sale.
You may not exhibit, display, or broadcast through the Internet, Radio or Television including, but not limited to your church’s website, your ministry’s website, YouTube, Vimeo, GodTube, televised or streaming church services.
You may not use media to create derivative works either through including a portion, or all, of media in new works or as a template, reference, or outline for new works.
You may not incorporate media (or any part ) into a logo, trademark, service mark or application thereof.
You may not use media in any manner that Vivid curriculum deems defamatory, obscene, libelous or blasphemy.
You may not carry out any other activity with license granted material unless specifically permitted under this license agreement.
4. Proprietary Rights and Copyrights
All copyrights related to available media are retained by the respective content producers and contributors of media displayed on Vivid curriculum. You acknowledge that all right, title, and interest in and to the media, including without limitation, any and all trademark, copyright, and any other intellectual property rights therein remain with the content producers and contributors and nothing contained herein shall be construed to convey any rights or proprietary interest in the media other than the specific limited rights granted in Section 2 herein. Your use of the media bounds you by the copyright laws of the United States and international copyright treaties. You will retain the copyright notice, the name of Vivid curriculum or Outreach and the respective content producer or contributor, the respective media reference and any other information or metadata that is embedded in the electronic file that comprises any media which you have downloaded or otherwise received from Vivid curriculum. All contents of the Service are: Copyright © 1999-2014 by Vivid curriculum or its content providers and contributors. You will immediately notify Vivid curriculum if you become aware or suspect that any third party has gained access to the media through you, is wrongfully using the media, in whole or in part, or is violating any of Vivid curriculum or Outreach’s intellectual property rights. You should direct questions and inquiries to support@Vividcurriculum.com.
5. Warranty & Limitation of Liability
Vivid curriculum guarantees that should any media have defects in material or workmanship and these are notified in writing to Vivid curriculum (support@Vividcurriculum.com) within thirty (30) days from the date of delivery of the media then Vivid curriculum may either replace the media with another digital copy of the media free from defect or refund the License Fee (non-subscription) paid by you to the extent attributable to the defective media, at Vivid curriculum’s option.
Vivid curriculum makes no other warranty, express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Neither Vivid curriculum nor its content producers or contributors shall be liable to you or any other person or entity by reason of any representation (unless fraudulent) or any implied warranty, condition or other term, or any duty at common law, or under the express terms of this Agreement for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of Vivid curriculum, its servants or agents or otherwise) which arises out of or in connection with this Agreement, even if Vivid curriculum has been advised of the possibility of such damages, costs or losses. Vivid curriculum’s maximum liability arising out of or in connection with your use of or inability to use the media (whether in contract, tort or otherwise) shall, to the extent permitted by law, be limited to five (5) times the value paid by you for the relevant media.
Each provision of the immediately preceding paragraph in this Section 5 is to be construed as a separate limitation (applying and surviving even if for any reason one or other of such provisions is held to be inapplicable, unreasonable or unenforceable in any circumstances) and shall remain in force notwithstanding the termination of this Agreement.
Outreach does not warrant the accuracy of the captioning, keywording or any other information associated with the media.
You agree to indemnify and hold harmless Vivid curriculum/Outreach, its content producers and contributors and their respective companies, parents, subsidiaries, successors, assigns, and all employees and agents thereof against any and all claims, damages, losses, expenses or costs, including but not limited to any reasonable attorney’s fees, arising out of any unauthorized use or allegedly unauthorized use of any media supplied to you by Vivid curriculum, on behalf of any content producer or contributor, or any other breach by you of any of your obligations under this Agreement. The terms of this section shall survive the expiration or earlier termination of this Agreement.
7. Exclusion of Consequential and Other Damages
Vivid curriculum will not be liable to user or any third-party claimant for any direct, indirect, special, punitive, consequential, or incidental damages, whether based on a claim or action of contract, warranty, negligence, strict liability, or other tort, breach of any statutory duty, indemnity or contribution, or otherwise. The exclusion contained in this paragraph shall apply regardless of the failure of the exclusive remedy provided in the foregoing paragraph. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the limitations or exclusions in this and the foregoing paragraph may not apply to you.
8. Modifications to Media Inventory, Terms of Service and Other Policies
Vivid curriculum reserves the right to change media available through the website for purchasing or as a benefit with a subscription product. It may also alter its terms of service policy at any time and to notify you by posting an updated version of the policy on this website. You are responsible for regularly reviewing the policy. Continued use of the service after any such changes shall constitute your consent to such changes.
The License will terminate immediately if you (a) fail to comply with its terms; (b) enter into voluntary or compulsory liquidation, (c) have a receiver appointed or (d) fail to perform any of your obligations under the Agreement within 28 days of our giving you notice to comply. In the event of termination, all rights granted will immediately revert to us and any further exploitation of any media shall constitute an infringement of copyright.
10. Miscellaneous Items
- No variation of any of these Terms shall be effective unless in writing and signed by Vivid curriculum and you. No action of Vivid curriculum, other than an express written waiver, may be construed as a waiver of any clause of this Agreement. In the event that Vivid curriculum waives any specific part of this Agreement, such fact does not mean that any other part is waived. In the event of any inconsistency between the Terms and the terms contained in any purchase order or other communication sent by you, the terms of this Agreement shall prevail.
- Should any clause of this Agreement be found unenforceable, that will not affect any other clause and each will remain in full force and effect.
- In the event Vivid curriculum retains an attorney or collection agency to collect any outstanding payment due by you, you agree to pay all collection costs, attorneys’ fees and court costs relating thereto, in addition to any outstanding amounts due and applicable interest.
- The validity of this Agreement and the interpretation and performance of all of its terms shall be governed by the laws of the State of Colorado. You hereby irrevocably agree to submit to the personal jurisdiction and venue of any state or federal court located in the County of El Paso, State of Colorado, and expressly waive any claim or defense that such forum is not convenient or proper for purposes of any action arising under this Agreement. The parties hereto waive any right they may have to a jury trial.
- You recognize that the media possess a special, unique and extraordinary character which makes difficult the assessment of monetary damages which Vivid curriculum or its content producers and contributors might sustain by an unauthorized use. You agree that irreparable injury would be caused to Vivid curriculum or its content producers and contributors by such unauthorized use, and that injunctive relief would be appropriate in the event of breach of this Agreement.
- If after notice to you, you fail to take any action which you are obliged to take hereunder, Vivid curriculum and its content producers and contributors shall have the right and option, but not the duty, to bring an action for specific performance to compel such action, and obtain all reasonable costs, expenses, attorney’s fees and disbursements with respect thereto if such specific performance is awarded by a court of competent jurisdiction.
- This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors, and assigns.
- This Agreement supersedes all prior understandings both oral and written between the Parties and constitutes the entire agreement between the Parties.
Your Vivid curriculum membership will continue and automatically renews (annually or monthly depending on your membership selection) until terminated. To use the Vivid curriculum service you must provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time. You must cancel your membership before it renews in order to avoid billing of the membership fees for the next billing cycle to your Payment Method (see “Cancellation” below). If you choose to join Vivid curriculum’s membership, we will email 7 days before your subscription renews. At this point, you can elect to cancel your subscription. If no action is made, Vivid curriculum will process the same Payment Method on file to renew your membership.
12. Cancellation & Refunds
In general, if as a Customer you want to cancel your Vivid curriculum membership, the cancellation process is determined by the Cancellation Policy and its application to you.
Vivid curriculum respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask Users to do the same.
The Digital Millenium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If you believe in good faith that Content hosted by the Services infringes your copyright, you (or your agent) may send Vivid curriculum a notice requesting that the content or Material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Vivid curriculum to locate the content or material within the Services; (d) the name, address, telephone number and email address (if available ) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the content or material in a manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirement imposed by the DMCA; see www.loc.gov/copyright for details.
Notices and counter-notices with respect to the Service should be sent to:
Cindi Cheever Outreach, Inc. 5550 Tech Center Drive Colorado Springs, CO 80919 support@Vividcurriculum.com
Statement of Plagiarism
Plagiarism is taking the work of another and misrepresenting it as your own. Vivid curriculum is adamantly opposed to such misrepresentation, and reserves the right to exclude any content posted on the site which it considers, at its sole discretion, to be in this category. Furthermore, we reserve the right to freeze the account of any contributor found to be submitting such materials. Any contributor who has acquired free access to Vivid curriculum Pro and submitted such materials shall also lose that free access. While it is impossible for Vivid curriculum to monitor proper use of sermon content used in the pulpit, we ask each user to acknowledge the work of others as they use it in their preaching. More has been written on this topic in these articles: CopyItRight and 10 Tips for Avoiding the Pitfalls of Plagiarism.
Credit Card Fraud Policy
In the unlikely event that you experience unauthorized use of your credit card on our web site or any web site, you are advised to promptly report the fraudulent activity to your credit card company. Most companies that issue credit card numbers have a toll-free number you may call for 24-hour service. For credit cards issues in the United States by law, once you report the loss or theft, you have no further responsibility for unauthorized charges. In any event, your maximum liability under federal law is $50 per card. If you suspect fraud, you may be asked to sign a statement under oath that you did not make the purchase(s) in question.
Vivid curriculum cannot directly provide credit card and billing information that has allegedly been used in a fraudulent manner. Vivid curriculum will, however, contact the credit card company to report a claim of fraudulent use at the specific written email request of the cardholder, or when we suspect credit card fraud has occurred. Requests to report fraud should be sent to Support@Vividcurriculum.com and must include the full name, email address, mailing address and phone number of the person claiming fraud. Please call us toll free at 1-866-899-4426, Monday through Friday 9am – 5pm (EST), to confirm we have received your written request. The cardholder should be aware that they may be asked by their credit card company to sign a statement under oath that they did not make the purchase(s) in question. We will fully cooperate with all government organizations to the fullest extent possible to help those responsible for credit card fraud be held responsible.
Contacting the Federal Trade Commission (FTC)
In addition to contacting your credit card company, you may want to contact the FTC. From the FTC website: “The FTC works to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumers spot, stop and avoid them. To file a complaint or get free information on consumer issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. Watch a video, How to File a Complaint, at ftc.gov/video to learn more. The FTC enters consumer complaints into the Consumer Sentinel Network, a secure online database and investigative tool used by hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.”