This is a legal Agreement between you or your church, company, firm or other organization (“you”) and UMI (Urban Ministries, Inc.) (or “Black History Curriculum”). Black History Curriculum is an activity owned and operated by UMI (Urban Ministries, Inc.), Inc. UMI (Urban Ministries, Inc.) 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 Black History 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. Black History Curriculum and UMI (Urban Ministries, Inc.) 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 UMI (Urban Ministries, Inc.) by email at: [email protected].
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 terms herein.
3.THIS 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, trade mark, service mark or application thereof
You may not use media in any manner that Black History 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 Black History 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 Black History Curriculum 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 Black History Curriculum. All contents of the Service are: Copyright © 2020 by Black History Curriculum or its content providers and contributors. You will immediately notify Black History 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 Black History Curriculum intellectual property rights. You should direct questions and inquiries to [email protected]
5.WARRANTY & LIMITATION OF LIABILITY.
Black History Curriculum guarantees that should any Media have defects in material or workmanship and these are notified in writing to Black History Curriculum ([email protected]) within thirty (30) days from the date of delivery of the Media then Black History 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 Black History Curriculum’s option.
Black History Curriculum makes no other warranty, express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Neither Black History 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 Black History Curriculum, its servants or agents or otherwise) which arises out of or in connection with this Agreement, even if Black History Curriculum has been advised of the possibility of such damages, costs or losses. Black History 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
UMI (Urban Ministries, Inc.) does not warrant the accuracy of the captioning, keywording or any other information associated with the Media.
You agree to indemnify and hold harmless Black History Curriculum/UMI (Urban Ministries, Inc.) 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 Black History 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
Black History 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
Black History 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.
- No variation of any of these Terms shall be effective unless in writing and signed by Black History Curriculum and you. No action of Black History Curriculum, other than an express written waiver, may be construed as a waiver of any clause of this Agreement. In the event that Black History 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 Black History 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 Illinois. You hereby irrevocably agree to submit to the personal jurisdiction and venue of any state or federal court located in the Calumet City, State of Illinois, 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 trail.
- You recognize that the Media possess a special, unique and extraordinary character which makes difficult the assessment of monetary damages which Black History Curriculum or its content producers and contributors might sustain by an unauthorized use. You agree that irreparable injury would be caused to Black History 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, Black History 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.
Black History 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 Millennium 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 Black History 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 Black History 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:
UMI (Urban Ministries, Inc.)
1551 Regency Court
Calumet City, IL 60409
STATEMENT ON PLAGIARISM
Plagiarism is taking the work of another and misrepresenting it as your own. Black History 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 Black History Curriculum Pro and submitted such materials shall also lose that free access. While it is impossible for Black History 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.
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.
Black History Curriculum cannot directly provide credit card and billing information that has allegedly been used in a fraudulent manner. Black History 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 occured. Requests to report fraud should be sent to [email protected] and must include the full name, email address, mailing address and phone number of the person claiming fraud. Please call us at 1-800-860-8642, Monday through Friday 9am – 6:30pm (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 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.”
All text, graphics, images, video, audio, charts, widgets, user interfaces, visual interfaces, trademarks, logos, software code, and other copyrighted or otherwise proprietary content (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the UMI Site is owned, controlled or licensed by or to UMI, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may use information describing UMI products and services purposely made available by UMI for downloading from the UMI Site, provided that you: (1) not remove any proprietary notice language in all copies of such documents; (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; (3) make no modifications to any such information; and (4) not make any additional representations or warranties relating to such documents.
Your Use of the UMI Sites
You may not attempt to gain unauthorized access to any portion or feature of the UMI Site or other Content available only to licensed subscribers, or any other systems or networks connected to the UMI Sites or to any UMI server, or to any of the services offered on or through the UMI Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the UMI Site or any network connected to the UMI Site, nor breach the security or authentication measures on the UMI Site or any network connected to the UMI Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the UMI Site, or any other customer of UMI, including any UMI account not owned by you, or exploit the UMI Site or any service or information made available or offered by or through the UMI Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the UMI Site or UMI’s systems or networks, or any systems or networks connected to the UMI Site or to UMI.
You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the UMI Site or any transaction being conducted on the UMI Site, or with any other person’s use of the UMI Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to UMI on or through the UMI Site or any service offered on or through the UMI Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Purchases; Other Terms and Conditions
UMI’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this UMI Site should be construed to alter such agreements.
UMI may make changes to any products or services offered on the UMI Site, or to the applicable prices for any such products or services, at any time, without notice. UMI attempts to be as accurate as possible. However, UMI does not warrant that product descriptions or other content of any UMI product or service is complete, reliable, current, or error-free. UMI reserves the right to cancel any transaction up until the time the item is shipped or downloaded, as applicable. All items purchased from UMI are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon UMI’s delivery to the carrier.
For Purchases of UMI Course Offerings:
Unless otherwise specified, registration fees for UMI Course Offerings (each a “Course”) will include all online resource and Course materials. Resource and Course materials are to be considered supplemental to UMI’s online learning programs and may contain appropriate disclaimers explaining limitations which you hereby acknowledge.
UMI reserves the right to cancel a Course and/or program at its discretion. If this occurs, registrants will be notified and refunds of fees may be issued.
All fees for UMI Course Offerings are non-refundable unless otherwise provided. For your convenience, UMI may, at its discretion, provide a reminder email once you have purchased a Course. However, UMI is not responsible for the non-delivery of any reminder email and it is solely the responsibility of you or the party purchasing the Course to regularly confirm Course dates and times on the UMI Site. The order of presentation of the Courses for a particular program, Course locations, and dates are subject to change.
In order for a participant to receive a certificate of completion of any UMI online Course, the attendee must have a registered account in the UMI learning management system and must complete UMI-required test questions once he or she has completed the online Course. Upon completion of the applicable test, UMI may provide a certificate of completion in the participant’s account within the UMI learning management system, a copy of which may be printed for personal records. UMI does not warrant or certify that the individual listed in its learning management system records actually attended any part of the Course sessions.
Links to Other Sites
The UMI Site may contain links to other independent third-party web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to you and our visitors. Such Linked Sites are not under UMI’s control, and UMI is not responsible for and does not endorse the content of such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
UMI DOES NOT PROMISE THAT THE UMI SITE OR ANY CONTENT, SERVICE, OR FEATURE OF THE UMI SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE UMI SITE WILL PROVIDE SPECIFIC RESULTS. THE UMI SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. UMI CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE UMI SITE OR ELECTRONIC COMMUNICATIONS SENT FROM UMI WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, UMI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICICULAR PURPOSE. UMI DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE UMI SITE AND/OR ANY UMI SERVICES. YOU EXPRESSLY AGREE THAT YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE UMI SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST UMI FOR DISSATISFACTION WITH THE UMI SITE OR ANY CONTENT IS TO STOP USING THE UMI SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN YOU AND UMI.
The above disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence, or any other cause of action.
UMI reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the UMI Site, or any portion of the UMI Site, for any reason; (2) to modify or change the UMI Site or any portion of the UMI Site; and (3) to interrupt the operation of the UMI Site, or any portion of the UMI Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will UMI be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if UMI has been advised of the possibility of such damages.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
UMI may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the UMI Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) UMI’s rights or property, or the rights or property of visitors to or users of the UMI Site, including UMI’s customers. UMI reserves the right at all times to disclose any information that UMI deems necessary to comply with any applicable law, regulation, legal process or governmental request. UMI also may disclose your information when UMI determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
Governing Law and Dispute Resolution
Void Where Prohibited
Although the UMI Site is accessible worldwide, not all features, products, or services discussed, referenced, provided, or offered through or on the UMI Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. UMI reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on the UMI Site is void where prohibited. If you choose to access the UMI Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
You may not use, export, or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the UMI Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
Feedback and Information
Any feedback you provide at this UMI Site shall be deemed to be non-confidential. UMI shall be free to use such information on an unrestricted basis.