NEW DAY FILMS TERMS OF USE
Your use of content obtained from New Day Films constitutes your acknowledgement of and agreement to the terms and conditions contained below (“Terms of Use”) between Licensor (New Day Films) and User (Licensee). New Day Digital is a trademarked brand of New Day Films.
1. Definitions
a. Educational Use: use in markets including, but not limited to, high schools, colleges, universities, libraries, museums and non-profit organizations, and students’ individual use for study through high schools, colleges, universities and Distance Learning Programs. “Students” can include casual on-site users who are customarily granted access to library facilities as a community service.
b. Classroom Use: A performance of a program in classrooms or other related venues, for audiences of more than one person, conducted without charging admission. In this context, programs may be shown by any means which do not require digitization, transfer, alteration, duplication or reproduction.
c. Unified campus: A geographically discrete setting which constitutes the principal place of business of the Licensee.
d. Distance learning: Specific coursework conducted via internet connection by students enrolled for this purpose through the campus of the Licensee as defined above.
2. Grant of License
a. New Day Films grants to the Licensee a limited, non-exclusive, revocable license to use the Content (as defined below) for educational use. Any other use of this content must be licensed through special arrangement with the filmmaker.
b. Not permitted under this license are the right to rent, loan, sublease or sub-license content to others. Content may not be digitized, transferred, altered, duplicated or reproduced by any means without prior, written authorization of New Day Films and the filmmaker.
c. Films licensed for institutional use may only be shared by groups and individuals within any single, geographically unified campus, and with distance-learning classes and students who are enrolled by the Licensee for study conducted through that campus. This can include satellite campuses as long as they are served by the same information network as the main campus and bear the same institutional name.
d. Sharing of streamed New Day content with other institutions, or with individuals, classes or groups not specifically affiliated through employment or enrollment with the Licensee, is not permitted without the express authorization of New Day Films.
e. Multi-campus K-12 streaming is licensed on a case-by-case basis. Please contact our office to make specific arrangements.
f. Institutional streaming licenses for 3-year, 5-year, 7-year, K-12, in-house and 14-day terms permit all educational uses including classroom use, but classroom use is not included for products licensed only for individual viewing.
h. This license is granted only upon payment of fees specified by or through New Day Films.
3. Copyright
a. All materials purchased from New Day Films including, but not limited to, video, audio, graphics, text, images, and interactive media ("Content") are the property of New Day Films or have been licensed to New Day Films, and are protected by international copyright and trademark laws. Licensee has no ownership of the Content.
b. In addition, the contents of this Web site, including but not limited to design, "look and feel," software code, text, images, audio, and audiovisual Content, are copyrighted, with all rights reserved by New Day Films © 2013.
4. Term
The term of this License Agreement shall be concurrent with the length of the license chosen by the Licensee (i.e. 21-day, 14-day, 5-year, or other agreed-upon term). Upon expiration, non-renewal, or any termination of the license, all Licensee's rights to use the Content shall cease.
5. Representations and Warranties of the Licensor
Licensor warrants it has the right to enter into this agreement and to license all content available on this website ‘as is.’ Licensee disclaims to the fullest extent permitted by law any warranty (express, implied and statutory) of merchantability or fitness for a particular purpose.
6. Representations and Warranties of the Licensee
Licensee warrants that all information provided is true and accurate. New Day may terminate Licensee’s rights to any or all service if any information Licensee provides is false or inaccurate.
7. New Day's Privacy Policy
Except as otherwise expressly provided for in this Agreement, our Service is subject to New Day's Privacy Policy, which is expressly made a part of this Agreement.
8. Governing Law
These Terms of Use are governed by the laws of the United States. Any appropriate state or federal district court shall have jurisdiction to hear any dispute arising out of this Agreement.
9. Trademarks
NEW DAY DIGITAL and its logo belong to New Day Films and other marks belong to third party trademark owners. Except as permitted by applicable laws, Licensee is prohibited from using any of the marks appearing on this site without express written consent from their respective trademark owners.
10. Miscellaneous
a. Licensor reserves the right to refuse service and terminate accounts at its sole discretion, with cause, including, but not limited to, if Licensor believes Licensee's conduct violates applicable law or is harmful to Licensor.
b. Licensor's rights, including but not limited to all rights of remedy for Licensee's breaches under this Agreement, shall continue in perpetuity.
c. Licensor reserves the right to change, modify, add or remove portions of these Terms of Use or this service or the policies incorporated herein by reference. However, any revisions to this agreement or this service that materially affect licensees' uses - such as deletion or modification of features, and/or the scope of and service of support provided - require the written assent of licensees prior to their enactment. Pricing and product title library are subject to change without notice.
d. No delay or failure of Licensor to take action under these Terms and Conditions will constitute a waiver by Licensor, unless expressly waived in writing by Licensor.
e. These Terms of Use constitute the complete agreement of the parties and supersede any prior written or oral agreement between the parties.
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