Terms of Service
Short-form Content License Agreement
What you CAN DO with Sermon Series Designs “Content”
- Download content/graphics to your local computer, server network or cloud. Your Membership can be used at a single facility, church or school location.
- Any employee or staff member may utilize the Membership at one singular location.
- Use in any kind of non-commercial (i.e. cannot be sold or monetized) Web/Social setting: website, live streaming, archived media, YouTube video, or as part of a webcast. Use graphics for organization website, church app, and social media communications and design.
- Use in any kind of Live/Physical setting: church service, conferences, Bible studies, presentations, etc.
- Use to create printed materials (bulletins, banners, cards, signs, lanyard badges, etc,) for non-commercial use (i.e. products cannot be sold).
- Use the Content on an unlimited, royalty-free basis, assuming all other manners of this agreement have been followed.
- Edit and Customize the Content in any way, assuming all other manners of this agreement have been followed.
What you CANNOT DO with Sermon Series Designs “Content”
- Resell or Redistribute the Content to anyone by any means.
- Use the Content in any form for resale.
- Distribute the content to other churches, businesses or entities not expressly defined under these terms.
- Provide the Content in downloadable format on the Internet.
- Upload the content to any stock site or other similar mass distribution, portfolio, photo site, or anywhere else where others may download and use the content for free or for sale.
- Copyright: Licensee may not claim the Licensed Asset (or a modification thereof) as its own copyrighted work (the original Licensed Asset must be disclaimed in any copyright registration).
Strictly Prohibited Uses
- Resale or Sub-Licensing the Licensed Asset or any modification of it in source file form or any modification of it in a way that is directly competitive with the original Licensed Asset is strictly prohibited (e.g., as a stock asset or template) is strictly prohibited.
- Making public or sharing the Licensed Asset in any way that allows others to download, extract, or redistribute Licensed Asset as a standalone file (meaning just the content file itself, separate from the project or end use that is expressly permitted) is strictly prohibited.
- Use of the Licensed Asset in pornographic, fraudulent, immoral, infringing, illegal, harassing, offensive, or defamatory material, is strictly prohibited, including, without limitation, any use of the Licensed Asset in a manner that:
- may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to any person, or to any animal;
- may create a risk of any other loss or damage to any person or property;
- seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- may constitute or contribute to a crime or tort;
- contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
- contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
- contains any information or content that Licensee does not have a right to make available under any law or under contractual or fiduciary relationships;
- contains any information or content that Licensee knows or should know is not correct and current; or
- Promotes physical harm of any kind against any group or individual.
Long-form Content License Agreement
This is a legal contract between you and Sermon Series Designs (SSD). By downloading Content from our website, you have agreed to be bound by the terms of this Agreement in respect of that Content. If you do not accept or agree with these terms do not download the Content. This is a license, not a sale. We or our Producers continue to own the intellectual property rights in the Content. The Content is provided under the terms of the following license agreement (“Agreement”) that states what you may and may not do with the Content and contains limitations on warranties and remedies.
Only you are permitted to use the Content. Any additional persons who wish to use the Content must download it from the Sermon Series Designs website themselves.
Within this Agreement, “Sermon Series Designs”, “SSD”, “we”, “our” and “us” refers to Sermon Series Designs, a division of Pro Church Media, and “you” and “your” refers to you, the customer/church/organization.
1. This Agreement governs your use of all SSD’s Content (namely, any photographic image, design template, graphic, design element, animation, video or film clip, illustration or other media material in any format that you are downloading from the SSD website in conjunction with you entering into this Agreement with SSD (“Content”). You acknowledge that the Content is the property of SSD and its Producers (third party entities that distribute their media and content through SSD). If you are entering this Agreement on behalf of your church, ministry, organization or entity, then your entity is bound to the license granted and the restrictions and limitations detailed herein regardless of your future employment with such entity.
2. We hereby grant to you a perpetual, non-exclusive, non-transferable license to use the Content on the terms and conditions contained in this Agreement. Unless the activity is expressly permitted, you cannot do it. All other rights to and in the Content and accompanying materials (if applicable), including, without limitation, all intellectual property rights relating thereto, are retained by SSD or its Members, as the case may be.
3. You may:
A. Install the Content in only one location (geographic site); you may physically transfer the Content and its archives from one location to another, however it may only be used in one location at a time;
B. Make one (1) copy of the Content solely for back-up purposes; you must reproduce all proprietary notices on this single back-up copy;
C. Use the product on an unlimited, royalty-free basis, assuming all other manners of this agreement have been followed.
D. Show the Content in corporate settings;e
E. Transfer files containing Content to your entity’s server, printer, or ISP for the purpose of presentation, provided that such parties shall have no further rights to use the Content.
F. Re-master the Content in any way
You may not: do anything with the Content that is not expressly permitted. You may not provide a copy of the Content, or any portions thereof, to anyone or allow anyone to gain access to the Content, or any portion thereof, except as permitted above. For greater certainty, you may not:
A. Use the Content in other media for resale, including, without limitation, Content being used in a church service, video of Content being used in a conference;
B. Incorporate the Content in any product that results in a re-distribution of the Content or portions of the content;
C. Use the Content in a fashion that is considered by SSD (acting reasonably) as obscene, defamatory or libelous in nature;
D. Assuming all other manners of this agreement have been followed
E. Remove any notice of copyright, trade-mark or other proprietary right from any place where it appears on or in the Content or its accompanying materials;
F. Sub-license, re-sell, rent, lend, or otherwise distribute the Content;
G. Post a copy of the Content on a network server or web server for use by other users outside of your one location;
H. Transfer the rights to the Content or accompanying materials (if applicable), except as specifically provided for elsewhere in this Agreement.
Terms of Service
Acceptance of Terms
“Content” means the Website and any content on the Website, including but not limited to, all graphics and photos of any kind, including all photos, editable files, title graphics, slides, social graphics, print-ready files, and all aspects of personalized promotional material found on the Website whether owned by the Company or by any third party.
“End Products” are derivative works created by you and based on an underlying licensed work.
“License Term” means the amount of time any individual piece of content is licensed for. For content licensed under both the Membership, and under a la carte license purchases, the License Term will be perpetual.
“Membership” or “Account” refers to any of the options on the Website that provide You with access to Content.
“Website” means the website at: www.sermonserisdesigns.com. The Website is the property of Sermon Series Designs, a Kansas Corporation.
“You” or “Your” means the individual or entity accessing the Website, downloading the Content, or availing himself/herself/itself to the Content.
3. Membership Terms
The Sermon Series Designs Membership is a year-long subscription which provides access to all Membership content on the site. A list of Membership Content can be located at sermonseriesdesigns.com/subscribe.
EACH INDIVIDUAL PIECE OF CONTENT MAY HAVE SPECIFIC LICENSE RESTRICTIONS, SO BE SURE TO PAY ATTENTION TO THE TERMS THAT APPLY TO ANY PIECE OF CONTENT YOU DOWNLOAD UNDER THE MEMBERSHIP.
As part of the registration process, You will be asked to provide certain personal information to us, such as Your name, contact information, credit card number, and other personal information. The Company has an unrestricted right to collect and use any personal information You provide in connection with Your access to the Content, provided that any such use shall be in accordance with our Privacy Notice available at (sermonseriesdesigns.com/privacy), which is hereby incorporated by reference. Your access or use of the Content constitutes Your acceptance of the terms and conditions of our Privacy Notice. If You do not agree to have Your information used in any of the ways described in the Privacy Notice, You must discontinue access to the Content.
6. Communication Preferences
By using a Sermon Series Designs Membership or Account, you consent to receiving electronic communications from Sermon Series Designs and its related entities that manage the account (e.g. Pro Church Media, Tooolkit, PCM University, and Auth0) relating to your account. These communications may involve sending emails to your email address provided during registration, posting communications on www.sermonseriesdesigns.com, or in the “My Account” page and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with Sermon Series Designs. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new Sermon Series Designs features and content, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications, simply go to the “Manage Subscriptions” link on the “My Account” page of our website (sermonseriesdesigns.com/my-account) to manage your Sermon Series Designs communications. Please review our Privacy Statement (sermonseriesdesigns.com/privacy) for further detail on our marketing communications.
7. Membership & Billing
- Annual Membership. Your Sermon Series Designs Membership is a one (1) year subscription commitment and will automatically renew upon expiration to provide continuous service unless and until you adjust your renewal settings on the “My Account” page of our website (sermonseriesdesigns.com/my-account) prior to your Membership end date. You must have Internet access and provide us with a current, valid, accepted Payment Method to use the Sermon Series Designs service. You must adjust your renewal settings before your Membership end date in order to avoid billing of the next year’s Membership fees to your payment method.
- Monthly Installments. Sermon Series Designs memberships may be purchased initially as a one-year subscription with 12-monthly installments. The credit card on file will be charged each month until the installment plan is complete. A monthly installment plan cannot be canceled until paid in full. After the initial 12-month subscription, the subscription will renew on a monthly basis and can be canceled at any time.
- Refunds. Sermon Series Designs offers a ten (10) day discretionary refund policy for all License purchases and Memberships, provided that the account has not been used to download any resources from SermonSeriesDesigns.com since the charge took place. If an account has been used to download resources from sermonseriesdesigns.com or it has been more than five (5) days since the date of the charge, then the charge is not eligible for a refund.
- Payment Method. You may edit your Payment Method information by visiting our website and clicking on “Billing” on the “My Account” page. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. We may update your Payment Method with information provided by the applicable payment service provider, and you authorize us to continue to charge the membership fee to the updated Payment Method. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
- Cancellation. You may cancel your Membership at any time during your initial one (1) year term, but cancellation will not result in a refund. A Sermon Series Designs Membership is a one (1) year commitment; after the initial annual subscription, the membership term will renew on a monthly basis. If you cancel after the initial one year term, you will continue to have access to your Membership until the end of the month for the term in which you cancel.
8. Access to Content
- Restrictions. Except as expressly permitted under these Terms, You agree that You are strictly prohibited from doing any of the following:
- Upload to, distribute, or otherwise introduce or publish through this Website any message, information, text or other material that is unlawful, infringing, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable;
- Subject to purchased rights to the Content, copy, modify, publish, download, display, post, transmit, or prepare derivative works based on any aspect of this Website or any Material;
- Reverse engineer, decompile, or disassemble any aspect of this Website or any Material;
- Remove, obscure, or alter any intellectual property right or confidentiality notices or legends appearing in or on any aspect of this Website or any Material;
- Share Your Login Credentials or Membership with any unauthorized third party;
- Disseminate any harmful content of any kind, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel bots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, Content, data or personal information.
- Termination of Access to Content. Notwithstanding anything to the contrary in these Terms, You acknowledge and agree that the Company reserves the right, without notice to You, and in its sole discretion, to terminate and deny Your access and use of the Content for any reason. You understand and agree that the Company shall have the right to destroy any electronic data specifically pertaining to You that is submitted by or for the benefit of You in connection with the Content (“Data”) upon termination of Your right to access Content. The provisions of these Terms shall continue to apply to You after the end of Your use of the Content or after any termination of Your right to access Content.
- Ownership of the Content. You acknowledge that the Company and its licensors own and retain all right, title, and interest in and to the Content, the Materials, and all intellectual property rights therein today and into the future, and that such information constitutes valuable trade secrets of the Company. Except as otherwise expressly authorized under the Terms, You have no rights whatsoever in the Content, the Materials, and all intellectual property rights therein.
- Content Storage. The Content is not an archiving service. Except as expressly set forth in these Terms, the Company reserves the right to remove any Content or Data from the Website at any time and the Company expressly disclaims any obligations, and assumes no liability, with respect to the storage or transfer of Your Content or Data.
- Modification of the Content. The Company may modify existing Content, add Content, and remove Content in its sole and absolute discretion at any time.
9. Passwords and Account Access
- Login Credentials. You are required to use Your login credentials, including a user ID and password (the “Login Credentials”) to access the Content or any portion of it. In doing so, You are responsible for maintaining the confidentiality of the Login Credentials and for restricting access to Your computer, laptop, or mobile device, as applicable, and You agree to accept responsibility for any and all liabilities resulting from or relating to any misuse of Your Login Credentials by You or any third party. In the event that the confidentiality of Your Login Credentials are compromised in any manner, You agree to notify the Company immediately. The Company reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Website and the Content, including without limitation, terminating Your access, changing Your Login Credentials or requesting additional information to authorize use of the Content.
- NOTWITHSTANDING THE ABOVE, THE COMPANY MAY RELY ON THE AUTHORITY OF ANYONE ACCESSING THE CONTENT USING YOUR LOGIN CREDENTIALS AND IN NO EVENT WILL THE COMPANY BE HELD LIABLE TO YOU FOR ANY LIABILITIES OR DAMAGES RESULTING FROM OR ARISING OUT OF: (A) ANY ACTION OR INACTION OF THE COMPANY UNDER THIS PROVISION, (B) ANY COMPROMISE OF THE CONFIDENTIALITY OF YOUR LOGIN CREDENTIALS, OR (C) ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR LOGIN CREDENTIALS.
10. Warranties; Limitations on Liability; Release; Indemnifications; Representations
- Disclaimer of Warranties. THE CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE CONTENT ON THE WEBSITE. YOU EXPRESSLY AGREE THAT USE OF THE CONTENT IS AT YOUR SOLE RISK.
- Limitation of Liability. YOU AGREE THAT IN NO EVENT SHALL THE COMPANY OR ITS OWNERS, PRINCIPALS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, SUBCONTRACTORS, AFFILIATES, AGENTS, SUPPLIERS, OR SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE BY YOU OR YOUR INABILITY TO ACCESS CONTENT, THIS WEBSITE, OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS WEBSITE.
- Release. YOU HEREBY RELEASE EACH OWNER, PRINCIPAL, MEMBER, DIRECTOR, OFFICER, OR EMPLOYEE OF THE COMPANY FROM ANY AND ALL LIABILITY IN CONNECTION WITH ACCESS TO THE CONTENT, INCLUDING WITHOUT LIMITATION ANY DAMAGES OR HARM THAT YOU MAY INCUR IN CONNECTION WITH THE USES AUTHORIZED BY YOU HEREIN, THE INTERCEPTION OF DATA BY A THIRD PARTY, OR ANY OTHER EVENT OUTSIDE OF THE REASONABLE CONTROL OF THE COMPANY.
- Representations; Export Control; Government Regulations. You represent that (a) You are not, and are not acting on behalf of, (i) any person who is a citizen, national, or resident of, or who is controlled by the government of any country to which the United States has prohibited export transactions; or (ii) any person or entity listed on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons, or the U.S. Commerce Department Denied Persons List or Entity List; and (b) You will not permit the Content to be used for any purposes prohibited by law.
- General Indemnification. You hereby agree to indemnify, defend and hold harmless the Company and its employees, directors, officers, subcontractors, agents or other members of its workforce, attorneys, and insurers, against any claim, action, demand, loss, or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to: (a) Your negligence, gross negligence, or willful conduct; (b) Your violation of the Terms; (c) Your violation of any rights of a third party; or (d) Your violation of any law, ordinance or regulation.
11. Governing Law; Binding Arbitration
- Domestic Operations; Governing law. The Website is operated from the United States and the Content and the Terms shall be governed by and construed in accordance with the laws of the State of Kansas applicable to agreements made and entirely to be performed within Kansas, without resort to its conflict of law provisions. You acknowledge that the laws of Your jurisdiction may be more or less strict than the laws that apply to the Content and the Terms. If You access the Content from outside of the United States, You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction.
- Binding Arbitration. All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of Kansas or another location mutually agreeable to the parties. An award of arbitration may be confirmed in a court of competent jurisdiction.
- Violations. You agree that the Company may investigate any reported violation of these Terms, its policies or any complaints, and the Company may take any appropriate action that it deems appropriate in its sole discretion. You further agree that the Company has the right, but not the obligation, to take any action it deems appropriate, including, but not limited to, action to investigate any complaints or reported violation of these Terms or its policies, issue a warning, suspend or terminate Your access to and use of the Content at any time, and block, remove or edit any communication and materials that the Company believes in its sole discretion may violate applicable law, the Terms or a third party’s rights. Furthermore, any indirect or attempted violation of the Terms by You, will be considered a breach of these Terms by You.
- Third Party Links; Third Party Websites. You agree that the Company makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Websites or Content accessible by any hyperlink from this Website or websites linking to this Website.
- Injunctive Relief for Breach. Notwithstanding Section VIII, You acknowledge and agree that any dispute involving the alleged breach by You of Section 6(a) (Restrictions), Section V.3. (Ownership), or Section VIII.4. (Representations; Export Control; Government Regulations) of these Terms shall not be subject to Binding Arbitration under Section IX (2) of these Terms. You further agree that any breach by You of any license terms in Section III, Section VI.1. (Restrictions), Section V.3. (Ownership), or Section VIII.4. (Representations; Export Control; Government Regulations) of these Terms will irreparably harm the Company. Accordingly, in the event of a breach by You, the Company is entitled to promptly seek injunctive relief in a court of competent jurisdiction (subject to Section 9(a) of these Terms) in addition to any other remedies that it may have at law or in equity.
- Execution of these Terms. This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (a) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; (b) legally enforceable as a signed writing as against the parties subject to the electronic documents, including You; and (c) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
- Waiver; Remedies Cumulative; Severability. The rights and remedies of the parties hereunder are cumulative and not alternative. Neither any failure nor any delay by any party in exercising any right, power or privilege under these Terms shall operate as a waiver of such right, power or privilege, and no single or partial exercise of any such right, power or privilege shall preclude any other or further exercise of such right, power or privilege or the exercise of any other right, power or privilege. If any provision of these Terms, or the application of any such provision to any person, entity or circumstance, is held to be unenforceable or invalid by any court of competent jurisdiction or under any applicable law, the validity and enforceability of the remaining provisions of these Terms shall not be affected thereby. Without limiting the foregoing, the covenants and obligations contained in these Terms shall be construed as separate covenants and obligations, covering their respective subject matters. Each breach of a covenant or obligation set forth in these Terms shall give rise to a separate and independent cause of action.
- No Assignment. You may not assign any or all of Your rights under this Agreement to any person or entity without the prior written consent of the Company. Any attempted assignment or assumption without such written consent shall be null and void and without legal effect.
- Contact Information. Please direct legal notices or other correspondence to:
Pro Church Media
Re: Sermon Series Designs
14637 S. Locust St.
Olathe, KS 66062
Email: [email protected]
Last updated: March 14, 2022