ENCODE PRODUCTIONS TERMS OF USE – STREAMING LICENSE

 

Please read the terms and conditions below  (“Terms of Use”) carefully before proceeding to stream video.  This Agreement licenses video content to you from Encode Productions (“Licensor.”) By selecting the Order button, you (“Licensee” or “You”) are confirming that you have read and understand this Agreement and agree to be bound by the terms of this Agreement.  If you do not agree with the terms of this Agreement, do not select the Order button.

1. DEFINITIONS

a. Streamed Content: All materials purchased and/or licensed from Encode Productions LLC for streaming purposes including, but not limited to, video, audio, graphics, text, images, and interactive media.

b. Authorized Users: Full, part-time or contract faculty; currently-enrolled students; staff; researchers or independent contractors using the content for individual use; casual, "walk-in" onsite Authorized Users customarily granted access to the educational institution and using the content for individual use.

c. Educational Use: Streaming, exhibition or display of Streamed Content in markets including, but not limited to, primary schools, middle schools, high schools, colleges, universities, libraries, museums and non-profit organizations, and individual streaming, exhibition or display of Streamed Content by Authorized Users studying, researching or working through primary schools, middle schools, high schools, colleges, universities, and distance learning programs.

d. Classroom Use: Streaming, exhibition or display of Streamed Content in classrooms or other venues, for audiences of more than one person, conducted without charging admission. In this context, Streamed Content may be exhibited by any means not requiring additional digitization, alteration, duplication or reproduction.

e. Distance Learning: Specific coursework conducted via electronic, digital or other communications network (including Internet and Intranet) by students enrolled for that purpose through the Licensee’s Unified Campus as defined below.

f. License: The electronic or printed paper permission granted to you under these Terms of Use for the purpose of streaming, displaying or exhibiting the Streamed Content to Authorized Users.

g. Unified Campus: A geographically discrete setting which constitutes the principal place of business of the Licensee.

2. GRANT OF LICENSE.

a. Subject to the restrictions described below, Encode Productions grants Licensee a limited, non-exclusive, revocable license to stream, display and exhibit the Streamed Content for Classroom Use and in other related venues for the Educational Use of Authorized Users.

b. All other rights not expressly granted are reserved by Licensor. Content may not be rented, loaned, sub-leased, re-sold or sub-licensed to others. Content may not be digitized, transferred, altered, duplicated or reproduced by any means except as expressly provided in this license without prior, written authorization of Encode Productions.

c. This license is expressly conditioned upon receipt of payment by Encode Productions of all applicable fees and taxes.

3.  RESTRICTIONS

a. Content licensed for Educational Use may only be shared by Authorized Users within a single, geographically Unified Campus. Permission is also granted for Authorized Users of Distance Learning from that campus and Authorized Users at a satellite campus of that Campus, provided that they are served by the same information network as the main campus and bear the same institutional name and affiliation. Sharing of Streamed Content with other institutions, or with users not specifically affiliated with the Unified Campus is not permitted.

b. Institutional streaming licenses for 14-day, 3-year, 5-year and 7-year terms permit all Educational Uses, including Classroom Use.  However an individual viewing license does not permit use of Streamed Content for Classroom Use.

c. Multi-campus K-12 streaming is licensed on a case-by-case basis. Please contact our office to make specific arrangements.

d. Licensee may not make or distribute copies of the Streamed Content, or electronically transfer the Streamed Content from one computer to another or over any other Internet Server or other communications network, except as permitted by these Terms of Use. You may not decompile, reverse engineer, disassemble, or otherwise reduce the Streamed Content to a human-perceivable form. You may not modify, transfer, or create derivative works based on the Streamed Content or any part thereof.

e.  You may not infringe on or violate the intellectual property, privacy, publicity, or other rights of third parties whose work is embodied in the Streamed Content, including the rights of any third parties in any sound recordings, musical compositions, photographs, artwork, literary creations, or other copyrightable works of any kind or nature.

4. OWNERSHIP AND COPYRIGHT

All Content purchased from Encode Productions is the property of Encode Productions or has been licensed to Encode Productions and is protected by international copyright and trademark laws. No right of ownership in Streamed Content is transferred to Licensee under this Agreement.

5. 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. License period commences at the time the license is purchased.

6. NEW DAY'S PRIVACY POLICY

Except as otherwise expressly provided for in this Agreement, our Service is subject to Encode Productions [INCLUDE A LINK HERE], which is expressly made a part of this Agreement.

7. TRADEMARKS

Encode Productions and its logo belong to Encode Productions and all other trademarks on this site are the property of their respective owners.  Except as permitted by applicable law, Licensee is prohibited from using any of the trademarks appearing on this site without express written consent from their respective owners.

8. GOVERNING LAW

These Terms of Use are governed by the laws of the United States. Any state or federal action arising out of this Agreement may be brought in New York, or any other state or federal district court having jurisdiction to hear any dispute arising out of this Agreement.

9. MISCELLANEOUS

a. Encode Productions reserves the right to refuse service and terminate accounts at its sole discretion, for cause, including, but not limited to, if it reasonably believes Licensee's conduct violates applicable law or is harmful to Licensor or its partners and affiliates.

b. Licensor's rights, including but not limited to all rights of remedy for Licensee's breach, shall survive the termination of this Agreement.

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 upon notice to Licensee.  Any revisions to this Agreement that materially affect Licensees' existing rights -- such as deletion or modification of features, and/or the scope of and service of support provided – shall require Licensee’s written consent. Pricing and product title library are subject to change without notice.

d. No delay or failure of Licensor to take action under these Terms of Use 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.

f. If any part of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remainder of the Agreement shall be interpreted so as to reasonably affect the intentions of the parties.