A contributor and Licensor are the same and is anyone who donates resources including but not limited to graphics, documents, video, etc. to vintagechurchresources.com or Vintage Church Texas, Inc.
Before you (the Licensor) contribute you MUST read AND agree to the following:
You agree to the following, which constitutes both your license to us and your assurance that the work that you have submitted is not infringing of any third-party: Artwork/Resource Submission Agreement.
This is an agreement between you, hereinafter referred to as the LICENSOR, and Vintage Church Texas, Inc a Texas non-profit, hereinafter referred to as the LICENSEE.
Licensee operates websites such as Vintage Church Resources wherein the Licensee allows third-parties to download images for use by third-parties (“Images and documents”).
Licensor is the original creator of certain artistic work that Licensor has created as a web based artwork that can be converted into Image(s).
Licensor desires to grant a perpetual, worldwide, royalty free license for use of the Licensor’s work(s) to the Licensee as further set forth in this Agreement.
Licensee desires to encode the Licensor’s work(s) in a format that makes the Image usable for the services offered by the Licensee, and will give credit to the Licensor for the authorship of the underlying artwork of the Image.
Now therefore, in mutual consideration of the promises herein set out the parties agree as follows:
1.1 License of Creative Work:
The Licensor hereby grants the Licensee a perpetual, worldwide, royalty free license to all artwork, layout, text, and any other copyrightable elements that are part of the work(s) submitted by the Licensor for use as Image(s) by the Licensee.
The Images are created by Licensee and owned by Licensee. Images are created by Licensee by use of technical encoding that makes the Image functional for purposes intended by Licensee. Licensee may file copyrights in its own name for the Images, however such copyrights shall not include the right of ownership to the Licensor’s underlying licensed artwork, layout, text, or any other copyrightable elements that art part of the work(s) submitted by the Licensor.
The Images are created from work submitted by Licensors. The Licensor agrees to the usage terms and policies set forth in the “Image Submission Program” attached hereto as Exhibit A, which may be amended from time to time in the discretion of the Licensee.
1.3 Enforcement of Copyright
Licensee shall have the right, but not the duty, to enforce its own rights in the Image set forth in this Agreement. All costs of enforcement by Licensee will be borne by the Licensee; and all damages awarded, settlements recovered or any other monetary relief or payment will be retained by Licensee. Licensor agrees to cooperate fully, at no cost to the Licensee, in any copyright enforcement related to the rights licensed herein. Licensor agrees that the Licensee has the right, but not the obligation, to file copyrights in the underlying work(s) in the name of the Licensor, provided that the Licensee pays for such copyright application(s) and submits a copy of the registration to the Licensor upon receipt of the registration by the Licensee.
2. Use of the Licensed Rights
2.1 Use by Licensee:
Licensee’s right to use the rights licensed in this Agreement are unrestricted, and without limitation of any kind. The Licensee may change, alter, and allow its users and third-parties to change or alter the licensed work(s) in any way, for any reason whatsoever.
2.2. Transfer of Rights:
The Licensee may assign and sublicense the rights granted by the Licensor in this Agreement without restriction or any compensation of any kind to Licensor.
Licensor’s sole compensation for the grant of rights set forth in this Agreement is the use of the work(s) by the Licensee and the attribution of authorship for work(s) underlying the Image(s), showing authorship by the Licensor on Licensee’s uses of the Image(s).
Licensor shall indemnify and hold harmless Licensee against any and all costs, damages and/or expenses including attorney(s) fees that may be assessed, incurred, and/or awarded by or against Licensee as result of or consequent to any act or omission by Licensor. The Licensor understands that the use of any creative work that is not the original work of the Licensor may be a copyright violation and infringe a third-party’s rights. As such, the Licensor expressly understands and agrees that the work(s) submitted to the Licensee are completely original, and do not incorporate any work of any other party. Should any third-party claim rights in the work(s) submitted by the Licensor hereunder, then such claim will be considered to be the result of an act or omission by the Licensor. Licensor will be fully responsible for both the defense of the Licensee for such claims, but also obligated to indemnify the Licensee for its losses, damages, attorneys’ fees, costs, and penalties or other costs incurred as a result of any claims by third-parties.
5.1 Binding Arbitration
Any claims, disputes, or controversies between the parties that arise under or are connected with the provisions and/or performances of this Agreement shall be resolved by arbitration, pursuant to the rules of the American Arbitration Association, which shall be final and binding upon the parties. In any such arbitration the prevailing party shall be entitled to its costs and reasonable attorney(s) fees.
5.2 Arbitration Situs
Any arbitration or court proceeding enforcing any provision of this agreement shall be filed in accordance with the American Arbitration Association’s rules and regulations, and venue for such actions shall be in Parker, Colorado.
6. Miscellaneous Provisions
6.1 Headings which precede paragraphs or subsections of this Agreement are for convenience only and shall not affect the manner in which any provision herein is construed.
6.2 Licensee shall have the right to assign this agreement as part of any merger, acquisition, reorganization, or sale of assets, but not otherwise without the express written permission of Licensor.
6.3 If any provision of this Agreement shall be declared void or voidable, it shall then be severed and shall not affect the validity or enforceability of any other provision of this Agreement, and each provision shall be enforced to the maximum extent permitted by applicable law.
6.4 This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors, assigns, executors, administrators, and personal representatives.
6.5 This Agreement is the complete and exclusive statement of the agreement between the parties relating to the subject matter of this Agreement, and supersedes all proposals or prior agreements and understandings, whether oral or written, and all other communications relating to the subject matter of this Agreement.
6.6 This Agreement may be amended, or any provision herein waived, only by written instrument executed by each party hereto. No waiver of one provision hereof shall constitute a waiver of any other provision, whether or not similar, nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.
6.7 This Agreement and its validity and interpretation shall be governed by and construed in accordance with the local law of the State of Colorado.
IN WITNESS WHEREOF, the Licensor agrees to these terms and conditions by submitting works through the vintagechurchresources.com website or by other digital sharing methods, including but not limited to FTP Protocol, Dropbox.com, etc.