Terms of Service

1. License Grant

Based on the terms and limitations stated in this License, 12stone® Church (“Licensor”) grants the following limited, non-exclusive, royalty-free license to all churches with a mission to lead others to become fully devoted followers of Christ (“You” or “Your”) the creative works and trademarks specifically defined below that can be found on the resources.12stone.com website (collectively, the “Works”).

  A.  For Adult Teaching Messages and Adult Message Series:

  1.        To publicly perform the Adult Teaching Messages and Adult Message Series.
  2.        To upload and stream the Adult Teaching Messages and Adult Message Series in their entireties from Your church’s website, provided that the Adult Teaching Messages and Adult Message Series are also publicly performed in Your church’s services and provided that streaming from Your church’s website does not require You to extend or grant any of Your rights to a third party. (i.e., YouTube, Facebook, Ning, etc.)
  3.        To make one digital copy of the Adult Teaching Messages or Adult Message Series, and to make such modifications as are technically necessary to exercise the rights in other media and formats, but otherwise no rights are granted to make derivative works, to edit or to sell or distribute digital copies in any manner.

  B.  For 12Stone or Play Chase Original Recorded Music:

  1.       To publicly perform the 12Stone or Play Chase Original Recorded Music.
  2.       To reproduce the 12Stone or Play Chase Original Recorded Music.
  3.       To distribute non-commercially the 12Stone or Play Chase Original Recorded Music.
  4.       To use the 12Stone or Play Chase Original Recorded Music in the creation of derivative works.
  5.       To upload and stream the 12Stone or Play Chase Original Recorded Music from Your church’s website, provided that streaming from Your church’s website does not require You to extend or grant any of Your rights to a third party (i.e., YouTube, Facebook, Ning, etc.).

  C.  For the sub brands trademarks (“Trademarks”) and the associated creative works including signage, artwork, images, text, video, audio, data and forms, as well as any other copyrighted content associated with the Trademarks (“Creative Content”):

  1.    To publicly perform the Creative Content in Your children’s ministry.
  2.    To reproduce the Creative Content for use in Your children’s ministry.
  3.    To reproduce the Trademarks, without alteration of any kind, and to display the Trademarks at Your location or on Your church’s website only to identify the ministry program, and only as needed to reasonably perform, display, and conduct the ministry program.
  4.    To use the Creative Content in the creation of derivative works, provided that these derivative works are used only in Your children’s ministry, and further provided that these derivative works do not contain the Trademarks.
  5.    To upload and stream the Creative Content and Your derivative works from Your church’s website, provided that the Creative Content and Your derivative works are also publicly performed in Your children’s ministry, and provided that streaming from Your church’s website does not require You to extend or grant any of Your rights to a third party (i.e., YouTube, Facebook, Ning, etc.)

  D.  For Promotional and Other Resources (materials other than Adult Teaching Messages, Adult Message Series, Trademarks and Creative Content):

  1. To publicly perform the Promotional and Other Resources.
  2. To use the Promotional and Other Resources to create derivative works.
  3. To reproduce and distribute copies of the Promotional and Other Resources and derivative works non-commercially.
  4. To upload and stream the Promotional and Other Resources and derivative works from Your church’s website, provided that streaming from Your church’s 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. All rights not expressly granted by Licensor are hereby reserved.

 

2. Ownership

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 any other applicable laws.

 

3. License Restrictions

This License is expressly made subject to and limited by the following restrictions:

  A.  The Adult Teaching Messages and Adult Message Series must not be edited and must be played in their entireties.

  B.  You may not sublicense any rights under this License. You may not distribute, publicly display, publicly perform, or publicly digitally perform any of Licensor’s Works or Trademarks with any technological measures that control access or use in a manner inconsistent with the terms of this License

  C.  You agree to maintain a high level of integrity, quality and Biblical consistency in the programs in which You use the Works and Trademarks.

  D.  You may not exercise any of the rights granted in this License in any manner that is primarily intended for or directed toward commercial advantage or monetary compensation. You may not exercise any of the rights granted to You for any purpose other than leading people to become fully devoted followers of Christ.

  E.  Except as specifically provided for in this License, You may not use any trademark or service mark of 12Stone Church, specifically including but not limited to representing your organization as 12Stone Church or affiliated with 12Stone Church. 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 12Stone Church in any manner.

  F.  For the avoidance of doubt, if the Works are a musical composition:

  1. Performance Royalties under Blanket Licenses. In addition to automatically terminating this License, 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 Works IF THAT PERFORMANCE IS PRIMARILY INTENDED FOR OR DIRECTED TOWARD COMMERCIAL ADVANTAGE OR PRIVATE MONETARY COMPENSATION.
  2. Mechanical Rights and Statutory Royalties. In addition to automatically terminating this License, Licensor reserves the exclusive right to collect, whether individually or via a music rights agency or designated agent (e.g. Harry Fox Agency), royalties for any phonorecord You create from the Works (“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.‚Äč

  G.  Webcasting Rights and Statutory Royalties. For the avoidance of doubt, where the Works are sound recordings, in addition to automatically terminating this License, Licensor reserves the exclusive right to collect, whether individually or via a performance-rights society (e.g. SoundExchange), royalties for the public digital performance (e.g. webcast) of the Works, 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.

 

4. Termination

This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Licensor reserves the right to terminate this License at any time. Sections 2, 3 and 5 will survive any termination of this License.

Subject to the above terms and conditions, the license granted here is perpetual (for the duration of the applicable copyright or trademark in the Works). 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 License on Licensor’s website located at resources.12stone.com. You are responsible for regularly reviewing the website for changes to this License. Continued use of the Works 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.

 

5. Additional Terms

  A. Licensor provides all Works on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Works and assume any risks associated with Your exercise of permissions under this License. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law or agreed to in writing, shall Licensor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Works (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if Licensor has been advised of the possibility of such damages.

  B.  You acknowledge that the Works are valuable property owned exclusively by Licensor. You agree that you will not challenge or dispute Licensor’s exclusive rights in and to the Works.

  C.  Licensor represents that, to the best of its knowledge, it has the right to license the Works for the uses set forth in this License.

  D.  You agree to defend, indemnify, and hold harmless resources.12stone.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 License or use of the Works.

  E.  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.

  F.  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.

  G.  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 Georgia.

 

6. Notices

Licensor may provide you with notices, including those regarding changes to this License, including but not limited to email, regular mail, postings on Licensor’s resources.12stone.com website, or other reasonable means now known or hereinafter developed.