a. “Derivative Work” means a work based upon the Work or upon the Work and other pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which the Work may be recast, transformed, or adapted, except that a work that constitutes a Collective Work will not be considered a Derivative Work for the purpose of this License. For the avoidance of doubt, where the Work is a musical composition or sound recording, the synchronization of the Work in timed-relation with a moving image (“synching”) will be considered a Derivative Work for the purpose of this License.
b. “Licensor” or “FivestarMan.com” means the individual or entity that offers the Work under the terms of this License.
c. “Original Author” means the individual or entity that created the Work.
d. “Work” means the trademarked or copyrightable works of authorship (and any associated brands or logos) offered under the terms of this License.
e. “You” or “Your” means an individual or entity exercising rights under this License as a FivestarMan Initiative group who has not previously violated the terms of this License with respect to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation.
f. “Publicly Perform” means to perform public recitations of the Work and to communicate to the public those public recitations, by any means or process, including by wire or wireless means or public digital performances; to make available to the public Works in such a way that members of the public may access these Works from a place and at a place individually chosen by them; to perform the Work to the public by any means or process and the communication to the public of the performances of the Work, including by public digital performance; to broadcast and rebroadcast the Work by any means including signs, sounds or images.
g. “Reproduce” means to make copies of the Work by any means including without limitation by sound or visual recordings and the right of fixation and reproducing fixations of the Work, including storage of a protected performance or phonogram in digital form or other electronic medium.
2. Fair Use Rights. Nothing in this license is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.
3. License Grant. Subject to the terms and conditions of this License, Licensor hereby grants You a limited, non-exclusive royalty free license to exercise the following rights as stated below:
a. Teaching Messages and Message Series
i. to publicly perform the Teaching Messages and Message Series.
ii. to upload and stream the Teaching Messages and Message Series from Your website, provided that the Teaching Messages and Message Series are also publicly performed in your FivestarMan Initiative group, and provided that streaming from Your church website does not require You to extend or grant any of Your rights to a third party (i.e., YouTube, Facebook, Ning, etc.).
iii. to make one digital copy of the Teaching Messages or Message Series, and to make such modifications as are technically necessary to exercise the rights in other media and formats, but otherwise you have no rights to make Derivative Works.
b. Video Worship Podcasts
i. to use for personal or FivestarMan Initiative use only. No other rights are granted for Video Worship Podcasts under this license.
c. The FivestarMan©, FivestarMan Field-Guide©, FivestarMan Centurion©, Proprietary Content (signage, artwork, images, text, video, audio, data and forms, as well as any other copyrighted content) and Trademarks (trademarks, logos and brands)
i. to reproduce the Trademark, without alteration of any kind, and to display the Trademark at Your location or on Your website only to identify the ministry program, and only as needed to reasonably perform, display, and conduct the ministry program.
ii. to use the Proprietary Content in the creation of Derivative Works, provided that the derivative works are used only in Your FivestarMan Initiative group, and that the derivative works do not contain the Trademarks.
iii. to upload and stream the Proprietary Content and the Derivative Works from Your church website, provided that the Proprietary Content and the Derivative Works are also publicly performed in Your FivestarMan Initiative group, and provided that streaming from Your website does not require You to extend or grant any of Your rights to a third party (i.e., YouTube, Facebook, Ning, etc.)
d. Promotional and Other Resources Proprietary Content and Trademarks)
i. to publicly perform the Promotional and Other Resources.
ii. to use the Promotional and Other Resources to create Derivative Works.
iii. to reproduce and distribute copies of the Promotional and Other Resources and Derivative Works.
iv. to upload and stream the Promotional and Other Resources and Derivative Works from Your website, provided that streaming from Your website does not require You to extend or grant any of Your rights to a third party (i.e., YouTube, Facebook, Ning, etc.)
The above rights may be exercised in all media and formats whether now known or hereafter devised. All rights not expressly granted by Licensor are hereby reserved, including but not limited to the rights set forth in Sections 4(d) and 4(e).
4. Restrictions. The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:
a. Teaching Messages and Message Series cannot be edited and must be played in their entirety.
b. You may not sublicense the Work. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement.
c. You agree to maintain a high level of integrity, quality and Biblical consistency in the programs in which You use the Work.
d. You may not exercise any of the rights granted to You in Section 3 above in any manner that is primarily intended for or directed toward commercial advantage or monetary compensation.
e. Except as specifically provided for in this License Agreement, nothing herein shall be construed to place the parties in a partnership or joint venture together, and you shall not have the power to bind or obligate FivestarMan.com in any manner.
f. For the avoidance of doubt, where the Work is a musical composition:
i. Performance Royalties under Blanket Licenses. In addition to automatically terminating this License as provided in Section 7 below, Licensor reserves the exclusive right to collect, whether individually or via a performance rights society (e.g. ASCAP, BMI, SESAC), royalties for the public performance or public digital performance (e.g. webcast) of the Work IF THAT PERFORMANCE IS PRIMARILY INTENDED FOR OR DIRECTED TOWARD COMMERCIAL ADVANTAGE OR PRIVATE MONETARY COMPENSATION.
ii. Mechanical Rights and Statutory Royalties. In addition to automatically terminating this License as provided in Section 7 below, Licensor reserves the exclusive right to collect, whether individually or via a music rights agency or designated agent (royalties for any phonorecord You create from the Work (“cover version”) and distribute, subject to the compulsory license created by 17 USC Section 115 of the US Copyright Act (or the equivalent in other jurisdictions), IF YOUR DISTRIBUTION OF SUCH COVER VERSION IS PRIMARILY INTENDED FOR OR DIRECTED TOWARD COMMERCIAL ADVANTAGE OR PRIVATE MONETARY COMPENSATION.
g. Webcasting Rights and Statutory Royalties. For the avoidance of doubt, where the Work is a sound recording, in addition to automatically terminating this License as provided in Section 7 below, Licensor reserves the exclusive right to collect, whether individually or via a performance-rights society, royalties for the public digital performance of the Work, subject to the compulsory license created by 17 USC Section 114 of the US Copyright Act (or the equivalent in other jurisdictions), IF YOUR PUBLIC DIGITAL PERFORMANCE IS PRIMARILY INTENDED FOR OR DIRECTED TOWARD COMMERCIAL ADVANTAGE OR PRIVATE MONETARY COMPENSATION.
5. Representations, Warranties and Disclaimer.
UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES IN WRITING, LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
6. Limitation on Liability.
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Right to License
a. You acknowledge that the Work is valuable property owned exclusively by Licensor. You agree that you will not challenge or dispute Licensor’s exclusive rights in and to the Work.
b. Licensor represents that, to the best of its knowledge, it has the right to license the Work for the uses set forth in this Agreement.
c. You agree to defend, indemnify, and hold harmless FivestarMan.com and its subsidiaries, officers, directors, employees, members, and agents against any claim, dispute, loss, expenses, damages, or other liability arising in whole or in part from Your breach of this Agreement or use of the Work.
a. This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this License. Licensor reserves the right to terminate this License at any time.
b. Subject to the above terms and conditions, the license granted here is perpetual (for the duration of the applicable copyright or trademark in the Work. Notwithstanding the above, Licensor reserves the right to change the terms and conditions of this License at any time by posting an updated version of the Agreement on the FivestarMan.com Web site located at www.FivestarMan.com. You are responsible for regularly reviewing the FivestarMan.com Web site for changes to this License. Continued use of the Work after any such changes shall constitute your consent to such changes. For your convenience and future reference, the date of the version of this License is set forth below. Contained within the content file you will download is a copy of the version of the License that you reviewed and approved. You can compare it to the version in effect at a later date to determine what changes, if any, have been made.
a. If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
b. No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.
c. This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You. This License shall be interpreted under the laws of the State of Missouri.