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FILMS MEDIA GROUP TERMS OF USE
Your use of the content purchased from Films Media Group (“FMG”) constitutes
your acknowledgement and agreement to all of the terms and conditions contained
below (“Terms of Use”).
FMG is the Licensor and you, the user, are the Licensee.
You hereby agree to the following Terms of Use:
Grant of License
FMG grants to the Licensee a limited, non-exclusive, revocable license to use
the Content (as defined below) in an educational setting.
Copyright
All materials purchased from FMG including, but not limited to, video, audio,
graphics, text, images, and interactive media ("Content") are the property of
FMG or have been licensed to FMG, and are protected by international copyright
and trademark laws. Licensee has no ownership of the Content. Licensee may not
copy, display, create derivative works from, transmit, perform, modify,
display, or sell any information, products or services obtained from this site,
except as expressly permitted under applicable law, as expressly stated for a
specific product, or as described in these Terms of Use. The Content is
licensed solely for classroom teaching, research, educational non-commercial
multimedia projects, classroom presentations, and individual presentations for
use in educational institutions or public libraries. 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 Films Media Group © 2005 Films Media Group.
Term
The term of this License Agreement shall be concurrent with the length of the
license chosen by the Licensee (i.e. 1 year, 3 year, perpetual, or other agreed
upon term) ("Term"). Upon expiration, non-renewal, or any termination of the
license, all Licensee's rights to use the Content shall cease, except as
otherwise provided herein below. Except for noncommercial student projects, all
Content in all formats must be erased, deleted, or destroyed upon expiration or
any termination of this Agreement. Student multimedia projects need not be
destroyed but they may not be used for instructional purposes by the Licensee's
organization after expiration of this Agreement.
Permitted Uses of Content
Use of the Content and related materials for any purpose not expressly
permitted in these Terms of Use is prohibited. Licensee may not copy, display,
create derivative works from, transmit, perform, modify, display, or sell any
information, products or services obtained from FMG, except as otherwise
expressly permitted under applicable law or as granted in this License.
Public Performance Rights
The prices for all programs listed on this website include full protection for
public performances. A public performance is a non-theatrical performance of a
program, without charge, outside the home to a gathering of people other than
family members and or acquaintances. These gatherings are normally found in
locations such as schools, libraries, and religious and civic institutions.
Public performance rights also include closed-circuit transmission within a
single building or on a single, geographically unified campus.
Return Policy
If for any reason you are not satisfied with your purchased products, you may
return them in saleable condition, freight prepaid within 30 days to receive a
refund of the purchase price. For more information, or to request a Return
Authorization Number, you may contact our Customer Service Department.
Disclaimer of Warranties
Licensor makes no warranty whatsoever, including without limitation: as to the
accuracy, reliability, availability, suitability, quality, or operation of any
information, software, or service provided.
Licensor and all information, products and other content (including third party
information, products and content) included in or accessible from FMG Content
are provided "as is" and without warranties of any kind (express, implied and
statutory, including but not limited to the warranties of title and
noninfringement and the implied warranties of merchantability and fitness for a
particular purpose), all of which FMG disclaims to the fullest extent permitted
by law. Licensee's use of the Content is at licensee's sole risk.
Indemnification
Licensee agrees to indemnify Licensor, its directors, officers, shareholders,
parents, subsidiaries, affiliates, agents and licensors, from and against all
losses, expenses, damages and costs, including reasonable attorneys' fees,
resulting from Licensee's violation of these Terms of Use.
Governing Law
These Terms of Use are governed by the laws of the United States and the State
of New York, without giving effect to any principles of conflicts of laws.
Licensee hereby consents to the jurisdiction of the state and federal courts
located in New York, New York.
Trademarks
Films Media Group, Films for the Humanities & Sciences, Cambridge
Educational, Meridian Education and Shopware and their respective logos that
appear throughout the Web site belong to Films Media Group, 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.
Miscellaneous
Licensor reserves the right to refuse service and terminate accounts at its
sole discretion, with or without cause, including, but not limited to, if
Licensor believes Licensee's conduct violates applicable law or is harmful to
Licensor.
Licensor's rights, including but not limited to all rights of remedy for
Licensee's breaches under this Agreement, shall continue in perpetuity.
Licensor reserves the right to change, modify, add, or remove portions of these
Terms of Use or this service at any time. Please check this page periodically
for any modifications. Licensee's continued use of this site following the
posting of any changes will mean that Licensee has accepted the changes.
Licensor may add, delete, or modify features, titles, as well as the scope of
service and support provided. Pricing, product features and specifications, and
product title library are all subject to change without notice.
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.
With the exception of the rights to use Content, all other provisions of this
Agreement shall survive termination and shall continue to legally bind
Licensee.
These Terms of Use constitutes the complete agreement of the parties and
contains the entire understanding of the parties hereto relating to the
Content, supersedes any prior written or oral agreement or understandings
between the parties with respect to the Content, and cannot be changed or
terminated orally. Only a writing specifically referencing these Terms of Use
and signed by the parties hereto may amend them.
Updated: February 28, 2005
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