2024-2025 Terms & Conditions

Thank you for choosing to be a member for Faith Inkubators’ resources. As a valued member, your congregation is granted an Annual Membership License to use the Licensed Resources for the congregation’s own use as covered by the terms of this Membership License. Please retain a copy of this agreement for your records.

ANNUAL MEMBERSHIP LICENSE

Faith Inkubators (the Publisher) grants to the member congregation (the License Holder) the non-exclusive right to use the resources and materials described below (the Licensed Resources) solely as part of the life and work of the License Holder throughout the term of this license and subject to the conditions described below. This right is granted to the member congregation and not to any individual or group of individuals within the congregation.

USES AUTHORIZED BY THIS MEMBERSHIP LICENSE

“Use” or “Using” means to access, install, download, read, copy, print or otherwise benefit from using the Licensed Resources. The License Holder acknowledges that use of the Licensed Resources requires the use of other hardware and software products and that such hardware and software is the sole responsibility of the License Holder.

Subject to the terms of this license, the Publisher grants the License Holder non-exclusive permission for the following authorized uses of the Licensed Resources:

• Reproduction and use of printed copies of the Licensed Resources in presentations by the License Holder.

• Download and use of electronic files of the Licensed Resources in presentations by the License Holder

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:

• Any use of the Licensed Resources, either in print or electronic form, after expiration or termination of the License.

• Distribution or sharing of the Licensed Resources with any church, congregation, organization, pastor, church worker or volunteer outside the License Holder’s own congregation. · Any use, copying, reproduction, distribution, transmission, broadcast, display, sale, license, or otherwise use for any purposes outside the License Holder’s own congregational use.

• Posting of Licensed Resources or links (URLs) to Licensed Resources for public display on a website or any other public digital platform.

• Use of any graphics or artwork including but not limited to He Qi art, cartoons, FAITH5 logos and icons; apart from the License Holder’s authorized uses described herein.

· Circumventing, disabling, or otherwise interfering with security-related features of the Licensed Resources or features that prevent or restrict use or copying of any Licensed Resources or that enforce limitations on access to and use of the Licensed Resources.

• Any copying, reproduction or distribution of music &/or electronic audio files.

• Any modification of any portion or component of the Licensed Resources to create a derivative work.

• Preparing of new musical arrangements of copyrighted text or music in the Licensed Resources.

• Translation of the texts of the Licensed Resources into any other language.

• Any other use not specifically authorized by this license.

DISPLAY AND DISTRIBUTION OF LICENSED RESOURCES

The posting of Licensed Resources or links (URLs) to Licensed Resources on a public website or any other public digital platform is prohibited.

The License Holder may distribute printable files to participants in the congregation’s program. The Publisher’s preferred method of distribution of printable files to participants such as church leaders, Guides, parents and students is via PDF email attachments.

The Publisher authorizes the limited, one-week-at-a-time, placement of digital files on a church website only under the condition that file access is password protected and accessible only to members of the License Holder congregation. Restrictions must also be placed on the files so the Membership Resources cannot be indexed by search engines. (This can easily be restricted by the administrator of the website.)

COPYRIGHT CREDIT

All uses of the Licensed Resources must be accompanied by an appropriate statement acknowledging the copyright status. Copyright credit lines for resources and materials covered by this license must follow this format: “Copyright © Faith Inkubators. All rights reserved. ASSIGNMENT OF THIS MEMBERSHIP LICENSE The rights granted by this license are not transferable to any individual, congregation or organization without written permission from the Publisher.

EFFECTIVE DATES AND DURATION OF LICENSE

This license is in effect at the time of purchase and extends until midnight August 31. Membership Licenses are annual and must be renewed each year to remain in force.

DOWNLOADABLE DIGITAL PRODUCTS

Select Membership Resources are available as digital files to download (the Downloadable Product). The following terms and conditions apply to Downloadable Products.

By using Downloadable Products, the License Holder agrees to follow and be bound by the following terms and conditions.

• Credit card will be charged at the time of purchase, not at the time of download.

• This Membership License allows the License Holder to download electronic copies of the Downloadable Product file.

• Downloadable files are available immediately after purchase of the Membership License.

• Each Membership License is allowed ten (10) downloads of each licensed theme set within the dates of the membership year.

• All download URLs (links) will expire after August 31 of the membership year.

• At the end of the membership year, any digital files remaining on the License Holder’s computers (church computers or personal computers) may not be used unless the License Holder renews the membership and pays the annual membership fee. (See Disposal of Licensed Resources and Materials Upon License Expiration.)

• The Downloadable Product is provided by the Publisher on an “as is” basis. The Publisher makes no representations or warranties of any kind, express or implied, as to the operation of the Downloadable Product, or the information, content, materials or products included in the Downloadable Product. • No credit will be given in the event the License Holder does not use the Membership Resources or fails to retrieve the Membership Resources file during the term of the Membership License.

LICENSED RESOURCES REFUNDS

License Holders will have five (5) days from the date of invoice to contact the Publisher about their desire to cancel the Membership License, stop any use the Membership Resources and receive a refund.

Refunds will be granted only upon the receipt of a signed Membership Cancellation Agreement stating that all digital copies of the Membership Resources have been deleted from all computers and all printed copies of the Membership Resources have been destroyed.

CANCELLATION OF ANNUAL LICENSE BY LICENSE HOLDER

If License Holder chooses to cancel or otherwise not renew the Membership License, the License Holder must facilitate the DISPOSAL OF RESOURCES AND MATERIALS UPON LICENSE EXPIRATION terms and conditions that are a part of this Membership License.

TERMINATION OF MEMBERSHIP LICENSE BY FAITH INKUBATORS

Faith Inkubators may terminate the license at its sole discretion if the License Holder:

• Does not use the specified copyright acknowledgement credit line.

• Assigns or shares the Membership License or Licensed Resources with any individual or organization.

• Makes and/or distributes unauthorized copies of the Licensed Resources.

• Does not otherwise comply with the terms of the Membership License.

DISPOSAL OF LICENSED RESOURCES AND MATERIALS UPON LICENSE EXPIRATION

If the License Holder chooses at any time to not renew the Membership License or if license is otherwise terminated, upon expiration or termination of the license all printed and electronic copies or originals of the Licensed Resources must be deleted and disposed.

The only exceptions are:

• Music CDs and video DVDs that have been produced, manufactured and/or distributed by Faith Inkubators. All terms and conditions laid out in this agreement regarding unauthorized use of resources and materials, including but not limited to their reproduction, performance, and so forth, continue to apply.

• Journals and books that have been purchased by the License Holder from Faith Inkubators. All terms and conditions laid out in this agreement regarding unauthorized use of resources and materials, including but not limited to their reproduction, performance, and so forth, continue to apply.

COPYRIGHT INFRINGEMENT

If Membership License expires or is terminated by either the License Holder or the Publisher, the License Holder agrees to cease use of the Licensed Resources or any component thereof. License Holder understands and agrees that use of any Licensed Resources past the expiration or termination of the license or without payment of the license fee is copyright infringement and a violation of copyright and intellectual property laws. The License Holder further understands and agrees that violation of the terms of this license shows disregard for those organizations that faithfully abide by the terms of the agreement.

DISCLAIMER

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FAITH INKUBATORS AND ALL OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS, AND AFFILIATES SHALL IN NO EVENT BE LIABLE FOR ANY CLAIMS, CHARGES, DEMANDS, DAMAGES, LIABILITIES, LOSSES, OR EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A COMPUTER OR ELECTRONIC VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, INTERRUPTION OF SERVICE, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER.

GOVERNING LAW

This agreement shall be governed by the laws of the State of Minnesota, United States of America.