COPYRIGHT & USE AGREEMENT
Copyright & Use Agreement
Please carefully review the Copyright & Use Agreement terms before purchasing any of World Trust Educational Services, Inc. films, materials or other products.
For purposes of this agreement, the terms “World Trust Product” or “Product” shall be used to represent any and all products in any format including but not limited to film, digital and/or analog video or audio materials, written materials, DVD’s, etc. produced and/or otherwise owned by World Trust Educational Services, Inc.(hereinafter “World Trust” or “Licensor”).
By purchasing a film, the purchaser (hereinafter “Licensee”, “Purchaser”, or “Purchasing Institution”) agrees to all the Copyright & Use Agreement terms contained herein.
1. Licensee recognizes and agrees that World Trust has the exclusive copyrights to World Trust Products, produced and/or distributed by World Trust. The sale of a World Trust Product does not constitute a transfer of copyright interests in any film to any purchaser or licensee.
2. Licensee agrees that the sale of a World Trust Product does NOT include the right to duplicate, upload, broadcast, cablecast or present material in whole or in part on the Internet or on any private or shared Intranet.
Digital streaming rights (DSR) that allow for uploading and streaming of a file on an institutionally based password protected intranet for a given period of time may be purchased and licensed separately under the terms outlined below.
3. Individuals – Home Use Only License: A Product purchased under the Home Use Only category shall be for personal and private use only and comes with a limited license as described herein. Individuals purchasing a Film under the Home Use Only License understand and agree that:
a. A Product purchased under the Home Use Only license may not be used at a business, non-profit, or educational facility of any kind. The purchaser of the Home Use Only license explicitly waives rights to show the Product in an educational setting pursuant to the so-called “face-to-face” exemption under Section 110 (1) of the U.S. Copyright Law.
b. The Product purchased is for individual home use only and comes with NO PUBLIC PERFORMANCErights.
c. The Product may not be screened or exhibited publicly in any commercial, theatrical, or institutional presentation, including classroom, educational, non-profit and instructional usage.
d. The Product may not be uploaded, broadcast, cablecast, or webcast in any manner.
e. The Product may not be duplicated, transferred, excerpted or edited to any other analog or digital format.
4. Institutions/Organizations – Organizational License : The education, non-profit, corporate or government institutional purchaser is granted a limited Organizational license to view and screen World Trust Products for use within the purchasing institution on the following conditions:
a. Material may be used for institutional use only. Materials may be screened on individual computers, in classrooms, libraries or screening venues on the premises or property of the purchasing institution.
b. The purchasing institution may lend the Products for “Home Use” as part of the institution’s lending library. The DVDs should be lent with the understanding that they are for private use only and should not be used for a public performance.
c. With the limited exception of lending the material for home use as part of the purchasing institution’s lending library, the purchasing institution cannot lend, rent, sell or otherwise disseminate the materials to another cultural or educational institution, the general public or any other third party for any use outside of the purchasing institution.
d. The Organizational license granted hereunder comes with no “public performance rights” which is herein defined as the “right to screen at a place open to the public or at any place where a substantial number of people from the public who are not necessarily affiliated with the purchasing institution are assembled”.
(It is understood that a “Digital Streaming Rights License” is separate from the license granted with the “Home Use Only” or “Organizational” license described above.)
5. Digital Streaming Rights – DSR license: With the purchase of a Digital Streaming Rights DSR license, for an initial three year period, World Trust licenses a purchasing institution to encode, host, and stream a purchased Product to their users via a secure institutional network with a password-protected connection. Under the DSR license, an unlimited number of viewers who work and/or study within the purchasing institution are able to access the title/s once made available in this way.
For purposes of this agreement “within the purchasing institution” is defined as limited to students enrolled in or staff directly employed by the institution itself, and shall not include affiliated but separately run institutions that maintain separate student enrollment and/or staff. Multiple institutions that maintain shared library and/or resource networks shall not share access to the Products without the express written consent of World Trust Educational Services.
a. The DSR license granted herein shall last for a period of three (3) years from the date of purchase.
b. At the end of the three (3) year license period, purchaser/licensee agrees to either,
Purchase a renewal of the license or,
Remove the digitally converted and/or formatted Product from its intranet or other digital platform in a manner so that it is no longer available to be digitally streamed to remote computers or viewers.
6. Other Provisions
a. WARRANTIES OR REMEDIES: World Trust warrants that each Product shall be free from defects in material and workmanship at the time of delivery. In the event of World Trust’s breach of such warranty, Purchaser’s exclusive remedies shall be that World Trust will replace the defective or unwanted Product(s), or exchange the defective or Product(s) for different Programs that are equal in purchase price, provided Purchaser returns said defective or unwanted Products(s) to World Trust.
Please note that certain Product(s) may contain hyperlinks to third party materials in the public domain or available under the “fair use” exception to the U.S. Copyright law. The warranty provided by World Trust does not guarantee the ongoing accessibility to the third party materials included in these Products.
No other warranty express or implied, including the warranty of merchantability, shall apply to any program hereunder. World Trust shall have no other liability and Purchaser shall have no other remedy, except as specifically provided in this Paragraph; and in no event shall World Trust be liable for any consequential damages. The terms and conditions of this Agreement shall apply to any replacement Program(s) furnished.
b. RESERVATION OF RIGHTS: Legal title to all Products shall at all times remain in World Trust and all rights therein are reserved to World Trust. The term “purchase” as used herein means only the right and license for Purchaser to use and reuse the Products without limitation as to the number of uses or reuses, but without any change in ownership or title and otherwise subject to the terms and conditions of this Agreement.
c. DEFAULT: If Purchaser defaults hereunder or otherwise violates this agreement World Trust, in addition to other remedies, may repossess any Product previously delivered hereunder; and/or World Trust may refuse to take any further orders from Purchaser and may refuse to make further shipment of Products to Purchaser; and/or Purchaser agrees to pay World Trust’s costs and expenses of collection and/or repossession including the maximum attorney’s fees allowed by law.
d. ASSIGNMENT: This Agreement shall not be assignable by Purchaser.
e. INTERPRETATION: This Agreement sets forth the entire and complete agreement and understanding between the parties. This Agreement is made in California and shall be construed and enforced in accordance with the laws of California. A waiver by World Trust of any breach or default by Purchaser shall not be construed as a waiver of any other breach or default by such Purchaser.
Purchasers acknowledges reading and understanding this agreement. By using the Product(s) in any way Purchasers agrees to be bound by the terms and conditions of this agreement.
Purchasers further agrees that, except for any written separate agreements which may exist between World Trust and Purchaser, this agreement is a complete and exclusive statement of the rights and liabilities of the parties hereto. The agreement supersedes all prior oral agreements, proposals or understandings, and any other communications between World Trust and Purchaser relating to the subject matter of this agreement.
If you need to return your purchase, you must contact World Trust within 30 days of its delivery. If your materials arrive and they are damaged, contact us within 30 days and we will exchange the item(s) at no additional cost to you.