Lutheran Synod Digital Publishing (“LSDP”) agrees to deliver the digital file(s) (“Artwork”) to the Licensee (“You”) on the condition that You accept the following terms of use (“Agreement”). By downloading the digital file, You are accepting and agreeing to the terms and conditions of this Agreement which constitute a legal agreement between You and the LSDP. If You do not agree with the terms of this Agreement, You should not download the digital file. Once the digital file is downloaded and received by You, no refunds or exchanges for the digital download will be given, except as may be necessitated by a technical issue.
1. License
A. LSDP hereby grants you license to the Artwork for your sole use OR to your congregation or organization.
2. Authorized Use
A. The Artwork is copyrighted, unless otherwise noted, by the contributing Artist or Artists of LSDP. (This does not include the videos and logos contained on the LSDP website created specifically for churches or organizations)
B. Unless otherwise noted, you may use the Artwork for limited non-commercial, educational, or your own personal use only.
Acceptable uses may include, but are not limited to, attaching the Artwork on church Service Folders, Bible study documents, letters, in-house graphics, and other such uses that do not allow the files to be made available to anyone other than your own organization.
Non-acceptable uses may include, but are not limited to, uploading the Artwork to social media websites, or reselling the Artwork.
Note: If you do wish to upload the Artwork to a social media website or your own website, you may link to the images already online on the Lutheran Synod Digital Publishing website here, provided that you give reasonable attribution to LSDP. For any other online distribution of the Artwork, you must contact LSDP for permission.
C. You may not sell, sublicense, otherwise transfer any of the digital file or parts of the file, or remove any proprietary notice, watermark, or label appearing on the file, including any copyright and trademark notices.
D. Allowable exemptions to these terms of authorized use are specified under the US Copyright Law Fair Use Doctrine, (U.S.C. Title 17, Section 107). Any breach of this Agreement is cause for revocation of this License.
3. Intellectual Property
All intellectual property contained within the digital file, and all trademarks, service marks, copyrights, ownership and other rights therein are and shall remain the sole and exclusive property of LSDP. Other copyrights belonging to third parties are and shall remain the property of their respective copyright owners.
LSDP reserves the right to change file settings, permissions, and modes of access on subsequent file downloads at its discretion without prior notice.
4. Notice
LSDP makes no representation or warranty of any kind, whether express or implied, with respect to the Artwork. You assume all risk of use.
5. Disclaimer & Indemnification
In no event will LSDP be liable for direct, indirect, special, incidental, or consequential damages arising out of the use of information presented in digital files from this Website. In particular, LSDP will not be responsible for any costs, including but not limited to those incurred as a result of lost revenue. In no event shall LSDP’s liability exceed the amount paid by the Licensor for the digital file license.
You agree to indemnify, defend, and hold harmless LSDP and its Sections and each of their respective officers, directors, employees, legal representatives, agents, contractors, successors, and assigns from and against any and all losses, claims, demands, costs, damages, expenses, judgments, awards, settlements or liabilities in connection with any third party claim, suit, action, or proceeding resulting from or arising out of a third party claim based on a breach of this agreement, including any of the representations and warranties set forth herein.
6. Governing Law
This Agreement will be governed by U.S. intellectual property laws and the laws of the State of Iowa without giving effect to any choice of law principles that would require the application of the laws of a different country or state. The Parties consent to the exclusive jurisdiction of the local and U.S. government courts located in the State of Iowa, in any action arising out of or relating to this Agreement, and agree that any action arising out of or relating to this Agreement will be maintained in the same jurisdiction.