sundaysandseasons.com Free Trial Terms & Conditions
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Sundaysandseasons.com Free Trial Membership Agreement
This Free Trial Membership Agreement ("Agreement") sets forth the terms under which Augsburg Fortress is willing to grant you a limited free trial membership to access and use the Sundaysandseasons.com Web site (the "Web site") on a read-only basis, on the condition that you (or, if you are entering into this Agreement on behalf of a Congregation, the Congregation) accept all of the terms in this Agreement (the "Free Trial Membership"). You or the Congregation on whose behalf you are entering into this Agreement are referred to herein as "you."
You may not enter into this Agreement if you are an employee of other Christian publishing organizations or if you are under the age of 18.
BY CLICKING ON THE "I AGREE TO THE ABOVE TERMS AND CONDITIONS" CHECKBOX BELOW AND CLICKING ON THE "ACTIVATE MY FREE TRIAL" BUTTON BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY IT. IF YOU DO NOT AGREE TO ANY OF THE TERMS BELOW, OR IF YOU FAIL TO MEET THE QUALIFICATIONS DESCRIBED HEREIN, AUGSBURG FORTRESS IS UNWILLING TO GRANT YOU A FREE TRIAL MEMBERSHIP TO THE WEB SITE, AND YOU SHOULD NOT CLICK ON THE "ACTIVATE MY FREE TRIAL" BUTTON BELOW.
Subject to the terms and conditions of this Agreement, Augsburg Fortress hereby grants you a limited, non-exclusive, personal license to access and use the Web site on a read-only basis during the Term (as defined below), and to download up to seven (7) items from the Web site without charge, solely for your internal or personal use to evaluate the Web site and to determine whether or not you wish to enter into a full membership agreement (a "Member Agreement") with Augsburg Fortress. Your limited access to the Web site is read-only, and certain features such as the ability to post comments, may not be available to you.
This Agreement will be deemed to have commenced upon the date on which you accept the terms and conditions of this Agreement by clicking on the "Activate My Free Trial" button, and, unless extended by written agreement of the parties, this Agreement will continue for fourteen (14) days (336 contiguous hours) (the "Term"), provided however that Augsburg Fortress may terminate this Agreement prior to the expiration of the Term at any time, with or without cause, immediately upon notice to you. This Agreement will also terminate upon the execution of a Member Agreement between the parties. Unless otherwise provided for by a Member Agreement duly entered into by the parties, upon termination or expiration of this Agreement for any reason, the license set forth in Section 1 will terminate and you must immediately cease all use of the Web site and either return or destroy any confidential information of Augsburg Fortress related thereto or related to this Agreement, all passwords and user IDs used to access the Web site, and all other information related thereto. Sections 2, 4, 5, 6, 7, 8, and 9 will survive any expiration or termination of this Agreement.
The Web site and access thereto are licensed, not sold, to you for use only under the terms of this Agreement, and Augsburg Fortress reserves all rights not expressly granted to you. Under no circumstances will you be deemed to receive title to or ownership of any portion of the Web site, any modifications or derivative works thereof, or any intellectual property rights thereto (including, without limitation, copyrights, patents and trade secrets incorporated or embodied therein), title to and ownership of which at all times shall remain vested exclusively in Augsburg Fortress. All information, comments, feedback, ideas, questions, designs, data or the like regarding the Web site or Augsburg Fortress submitted by you to Augsburg Fortress via any means (collectively, "Feedback") will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. You assign to Augsburg Fortress, free of charge, all rights, title and interest, including all intellectual property rights, in any Feedback you submit, and Augsburg Fortress is entitled to use any Feedback for any purpose whatsoever, without restriction and without attribution or compensation to you.
5. PERSONAL INFORMATION
6. WARRANTY DISCLAIMER
THE WEB SITE IS PROVIDED TO YOU STRICTLY "AS IS" AND AUGSBURG FORTRESS AND ITS SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO ANY SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY OR MERCHANTABILITY, AND ACCURACY OF RESULTS OR INFORMATION, WHETHER EXPRESS, IMPLIED OR STATUTORY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AUGSBURG FORTRESS, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, OR AGENTS WILL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES.
7. LIMITATION OF REMEDIES
REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL AUGSBURG FORTRESS OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE WEB SITE OR ANY DATA SUPPLIED THEREIN, EVEN IF AUGSBURG FORTRESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. IN NO EVENT WILL THE LIABILITY OF AUGSBURG FORTRESS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE WEB SITE EXCEED $100. Each party expressly acknowledges and agrees that the foregoing limitations of liability and allocation of risk reflect part of the bargained-for exchange of the parties with respect to this Agreement.
8. AUTHORITY AND INDEMNITY
If you entered into this Agreement on behalf of a Congregation, you represent and warrant that you have the full right, power and authority to enter into this Agreement on behalf of the Congregation, that this Agreement has been duly authorized by the Congregation, and that this Agreement will constitute the legal, valid and binding obligation of the Congregation, enforceable against the Congregation in accordance with its terms. You hereby agree to indemnify and hold Augsburg Fortress harmless from any and all claims, damages, losses and expenses (including, without limitation, attorneys' fees) arising from any breach of this Section 8.
This Agreement will be governed by the laws of the State of Minnesota, without regard to or application of conflicts of law rules or principles. The parties explicitly disclaim the application of the UN Convention on the Sale of Goods. Any action or lawsuit related to this Agreement must be brought exclusively in either the Federal or State Courts located in Minneapolis, Minnesota, and each party hereby irrevocably submits and waives any objection to the exclusive jurisdiction and forum of such courts. If any provision of this Agreement is held to be unenforceable, that provision will be removed to the extent necessary to comply with the law, and the remaining provisions will remain in full force. The failure of either party to require performance by the other party of any provision hereof shall not affect the full right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself. Neither this Agreement nor any of your rights or obligations hereunder may be assigned by you without the prior written approval of Augsburg Fortress. Any assignment in derogation of the foregoing shall be null and void. The parties hereto are independent parties and neither acquires hereunder any right or ability to bind or enter into any obligation on behalf of the other. This Agreement, together with the Additional Terms, is the complete and exclusive statement of the agreement between the parties, and this Agreement supersedes any proposal or prior agreement, oral or written, and any other communications between the parties in relation to the subject matter of this Agreement. This Agreement shall not be modified except by a writing signed by both parties.
THE WEB SITE IS PROTECTED BY UNITED STATES COPYRIGHT LAW AND INTERNATIONAL TREATY.
UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS SUBJECT TO CIVIL AND CRIMINAL PENALTIES.
sundaysandseasons.com - Augsburg Fortress Liturgies License Agreement
Thank you for becoming a subscriber to sundaysandseasons.com. Your subscription includes an Annual License to use and reproduce sundaysandseasons.com liturgical materials and designated artwork for your congregation. Please retain the following important information for your records.
If you already own one or more Augsburg Fortress copyright licenses, these licenses will be cancelled to avoid duplication of coverage. Your new Liturgies License covers all liturgical texts, liturgical music, artwork, lectionary texts, and worship texts found on sundaysandseasons.com. Your Augsburg Fortress Liturgies Annual License number can be found here:
If you want to print or project hymns or songs, you will need additional licensing. Augsburg Fortress-copyrighted hymns and songs are covered by either the Augsburg Fortress Hymns & Songs License, or by OneLicense. Go to http://www.augsburgfortress.org/copyrights to learn about and purchase the affordable Augsburg Fortress Hymns & Songs License. Go to http://www.onelicense.net to learn about and purchase OneLicense.
Augsburg Fortress (the Publisher), the publishing house of the Evangelical Lutheran Church in America, as owner and/or administrator of certain rights to the works covered by the terms of this license, grants to the congregation or other qualifying organization identified as the registered owner of this license (the Registered License Owner), the nonexclusive right to reproduce and use the material described below (the Licensed Material) solely in the life and work of the Registered License Owner throughout the terms of this license and subject to the conditions described below.
The following conditions apply:
USES AUTHORIZED BY THIS LICENSE
Subject to the terms of this license, the Publisher grants the Registered License Owner nonexclusive permission for the following authorized uses of the Licensed Material:
- Reproduction of the printed copies or electronic files of the Licensed Material in copies or electronic presentations (including video projections) by members of the Registered License Owner.
- Use of the printed copies or electronic files of the Licensed Material by members of the Registered License Owner or by participants at events sponsored by the Registered License Owner.
- Public performances of the Licensed Materials at events sponsored by the Registered License Owner.
USES NOT AUTHORIZED BY THIS LICENSE
This license authorizes only the uses described above. All other uses are retained by the publisher and are subject to separate permission. Examples of such prohibited uses include:
- Preparation of new musical arrangements of copyrighted text or music in the Licensed Material.
- Distribution of the Licensed Material outside of the Registered License Owner's organization beyond events sponsored by the Registered License Owner.
- Translation of the texts of the Licensed Material into any other language.
- Posting of Licensed Material for public display or on a website.
- Any other use not specifically authorized by this license.
- Use of the Licensed Material, either in print or electronic form, after expiration of the License.
COPYRIGHT CREDIT LINES
All uses of the Licensed Material must be accompanied by the use of the appropriate statement acknowledging the copyright status. Copyright credit lines for material covered by this license must follow this format:
From sundaysandseasons.com. Copyright 2015 Augsburg Fortress. All rights reserved. Reprinted by permission under Augsburg Fortress Liturgies Annual License #XXXXX
ASSIGNMENT OF THIS LICENSE
The rights granted by this license are not transferable to any individual, congregation or other organization without written permission.
This license is in effect at the time of purchase. If the order is placed on the Augsburg Fortress on-line store, then the authorized representative must check the "I accept these terms" box when placing the license order.
DURATION OF THIS LICENSE AND AUTOMATIC RENEWAL
Augsburg Fortress copyright licenses are annual. License renewal is automatic (except in Canada). Registered License Owners may cancel their License before the expiration of the current license period. License renewal fees are billed at the annual rate in effect at the time of the renewal. These rates are subject to change without notice.
Augsburg Fortress may terminate the license at its sole discretion if the Registered License Owner:
- Does not use the specified copyright acknowledgement credit lines.
- Assigns the license to any individual, congregation, or organization without permission.
- Does not otherwise comply with the terms of the license.
- Makes and/or distributes unauthorized copies of the Licensed Material.
DESTRUCTION OF MATERIALS UPON LICENSE EXPIRATION
If the Registered License Owner chooses at any time to not renew the Annual License or if license is otherwise terminated, upon expiration or termination of the license all printed and electronic copies or originals of the licensed Material must be destroyed.
MATERIALS COVERED BY THIS LICENSE (LICENSED MATERIALS)
All Augsburg Fortress copyrighted and copyright-administered liturgical material, including texts and congregational singing parts (music graphics). Also, all material from Icon: Visual Images for Every Sunday, Icon Two, Icon Two for Projection, and Kids Celebrate. This license does NOT include copyright permission for any similar material whose copyright is not owned or administered by Augsburg Fortress (permission for use of any such materials must be obtained from the owner/administrator for each use), congregational hymns or songs, any musical accompaniments to liturgical music, or any other music not included in the sundaysandseasons.com content set (e.g., choral anthems).
The list of materials covered by this license is subject to change without notice.
SPECIAL TERMS FOR INDIVIDUAL SUBSCRIBERS
Individual subscriptions are offered for the use of the subscribing individual only, including use at locations where this individual is serving on a one-time basis. Downloaded content cannot be shared or given to any other individuals, churches, or organizations for repeated use.