TERMS OF SERVICE
These Terms Of Service apply to all content purchased or downloaded for free globally.
[Updated August 29, 2024]
CONTENT LICENSE AGREEMENT
1. INTRODUCTION. Passport to the Nations, LLC. (“Passport to the Nations") grants to the individual, educational group, church or other ministry organization (the "Organization") which purchases this curriculum or other content license (the "License") a limited license to use Passport to the Nations’ proprietary Content and Trademarks (as defined below) strictly as set forth in this agreement (the "Agreement"). By checking the "I Agree" box on the website or using the Content or Trademarks, you agree to legally bind you and your Organization to the terms of this Agreement.
2. RIGHTS INCLUDED. Depending on the License purchased, it may include curriculum materials, lesson plans, leader's guides, group event materials, presentations, student materials, parent materials, forms, handouts, images, messages, video recordings, audio recordings, posters, text, data, and other copyrighted content in any format or medium (collectively, "Content") and trademarks, logos, and brands (collectively, "Trademarks"). The License is limited to the Content and Trademarks included in the materials made available by Passport to the Nations, LLC as part of the Content package licensed by the Organization. The License also includes the right to use the Passport to the Nations trademark in accordance with this Agreement and the Usage Guidelines to identify that the Organization is using Passport to the Nations curriculum as part of its ministry.
3. LIMITED LICENSE. Subject to the terms of this Agreement, Passport to the Nations grants to the Organization a limited, non-exclusive, royalty-free license during the Term to display and reproduce the Trademarks and to display, print, and perform the Content, in each case strictly in accordance with the Usage Guidelines and solely in order to promote, display, perform, and conduct the ministry program described in the License. Except as expressly provided otherwise in this Agreement or the Usage Guidelines, the Organization agrees not to use any Trademark or Content in, on, or associated with any for-sale products or services, including products or services sold to members of the Organization. The Organization agrees not to alter the Trademarks without prior written approval from Passport to the Nations and all use of the Trademarks inures to the benefit of Passport to the Nations. The Organization agrees to maintain a high level of integrity, quality, and Biblical consistency in the programs in which it uses the Trademarks or the Content. The "Usage Guidelines" are available below and may be changed by Passport to the Nations from time to time, and are hereby incorporated into this Agreement. The Organization acknowledges that representatives of Passport to the Nations may, upon reasonable notice, inspect said programs to confirm conformance with the standards referenced in this Agreement.
4. NO SUBLICENSE OR ASSIGNMENT. The License granted by this Agreement does not permit the Organization to sublicense the Trademarks or the Content, or assign this Agreement, to any other person or organization without the prior written approval of Passport to the Nations. (For example, each campus of an Organization using the Content must purchase a separate License.) Any attempted sublicense or assignment without such approval is null and void and constitutes a material breach of this Agreement.
5. ADAPTATIONS. To the extent that the Organization creates any Adaptation (as defined in the Usage Guidelines) of the Content, the Organization hereby transfers and assigns sole copyright of each Adaptation, on a rolling basis upon creation, to Passport to the Nations. During the Term, Passport to the Nations grants back to the Organization a non-exclusive license to use the Adaptation on the same terms and restrictions as the Content is licensed to the Organization under this Agreement.
6. TERRITORY/TERM. The "Territory" is the geographic area served by the Organization or the campus of the Organization using the Content. The "Term" is the period commencing on the date that the Organization accepts the terms of this Agreement and the Usage Guidelines and continuing until termination as provided for in this Agreement. Sections 5, 11, 13, 14, 17, and 18 will survive termination or expiration of this Agreement.
7. VALID RIGHTS/NOTICE OF INFRINGEMENT. The Organization acknowledges that the Trademarks are valid and valuable trademarks exclusively owned by Passport to the Nations and the copyrightable components of the Content are copyrighted works exclusively owned by Passport to the Nations and/or its licensors. The Organization will not challenge or dispute Passport to the Nations' exclusive rights in and to the Trademarks or the Content, and agrees to provide prompt written notice to Passport to the Nations in the event that the Organization learns that any person or organization infringed or is infringing upon Passport to the Nations’ rights to the Trademarks or the Content.
8. WARRANTIES. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, THE CONTENT, TRADEMARKS AND LICENSE ARE PROVIDED "AS IS". Passport to the Nations represents that, to the best of its knowledge, it has the right to license the Trademarks and the Content to the Organization for the uses set forth in this Agreement. Passport to the Nations MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, REGARDING THE LICENSE, TRADEMARKS OR CONTENT, AND EXPRESSLY MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
9. INDEMNIFICATION/INSURANCE. The Organization agrees to defend, indemnify, and hold harmless Passport to the Nations and its subsidiaries, affiliates, officers, directors, employees, members, agents, and all of their successors and assigns against any claim, dispute, loss, expenses, damages, or other liability arising in whole or in part from the Organization's breach of this Agreement or use of the Trademarks or Content, except solely for those claims that arise directly and solely from Passport to the Nations’ gross negligence or breach of this Agreement.
10. LIMITATION OF LIABILITY. Passport to the Nations’ maximum liability to the Organization related in any way to this Agreement, the License, Trademarks, or Content will be the refund of the amount paid by the Organization for the License. IN NO EVENT WILL PASSPORT TO THE NATIONS HAVE ANY LIABILITY TO THE ORGANIZATION FOR ANY OTHER AMOUNTS OR FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, WHETHER OR NOT THE ORGANIZATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. RELATIONSHIP. This Agreement does not create any affiliate, partnership, joint venture, or agency relationship between Passport to the Nations and the Organization, and the Organization agrees not to imply that any such relationship exists.
12. DATA/LINKS. The Organization agrees that Passport to the Nations and its affiliates may collect and use aggregated data regarding the Organization's use of the Content in order to improve Passport to the Nations’ products and services, or to provide customized services to the Organization. The Content may include links to third party sites. The third party sites are not under Passport to the Nations’ control, and Passport, is therefore, not responsible for their content, or any links contained in them. Passport to the Nations is providing these links as a convenience, and the inclusion of any link does not imply endorsement by Passport to the Nations.
13. TERMINATION. Passport to the Nations reserves the right to terminate this Agreement at any time with no refund in the event of the Organization's breach of any term of this Agreement. Additionally, Passport to the Nations reserves the right at any time to terminate the license to a specific Trademark or component of Content by replacing it with a new Trademark or Content, or in Passport to the Nations’ discretion, issuing a pro-rata refund to the Organization in the event Passport to the Nations discovers that a Trademark or component of Content infringes upon the rights of any third party.
14. WAIVER. Failure by Passport to the Nations to enforce any term of this Agreement will not be deemed a waiver of its right to enforce that or any other term of this Agreement or any other agreement that exists between the parties.
15. AGREEMENT TO PAY
a. All sales are final and all charges from those sales are nonrefundable once Content has been delivered, except as otherwise set forth in the purchase terms relating to specific Content. On occasion, technical problems may delay or prevent delivery of your Content. Your exclusive and sole remedy with respect to Content that is not delivered within a reasonable period will be either replacement of such Content, or refund of the price paid for such Content, as determined by Passport to the Nations.
b. You agree to pay for all Content you purchase for download, and that Passport to the Nations may charge your chosen payment method for any Content purchased and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your account. You are responsible for providing Passport to the Nations with a valid credit card or account details for payment of all fees. All fees will be billed to the credit card or the account you designate during the purchasing process.
c. Prices and availability of any Content are subject to change at any time.
d. Your use of the Passport to the Nation's electronic purchasing service includes the ability to enter into agreements and/or to make transactions electronically.
YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS.
e. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
16. RETURNS
Digital or Downloadable Content
Products or services that include downloadable content are non-returnable once content has been delivered. All sales are final. See complete Terms of Use for more details.
Damaged OR Incorrect Products
We go the extra mile to ensure our resources arrive in good condition...but things happen. In those rare instances, email support@passportnation.org within 30 days of receipt for a replacement.
17. GOVERNING LAW/DISPUTE RESOLUTION. This Agreement shall be interpreted under the laws of the State of Alabama without regard to conflict of law provisions. Any dispute, controversy, or claim arising under, out of, in connection with, or in relation to this Agreement, except for any claim seeking only injunctive relief, will be subject to final and binding arbitration before a three arbitrator panel (one arbitrator selected by each party, which arbitrators select the third) conducted applying Alabama substantive law in accordance with and subject to the Rules of Procedure for Christian Conciliation (the "Rules") as established by the Institute for Christian Conciliation (a division of Peacemaker Ministries). Any request for arbitration shall be delivered to the other party and shall contain a summary of the controversy or claim, the causes of action and theories of liability that the requesting party believes it has against the other party, and a statement of the relief which the requesting party believes to be appropriate. The arbitration will be completed in no more than sixty (60) days from the date the arbitrators are selected, unless the arbitrators require an extension. Any arbitration proceedings will be held by telephone or, if a hearing is deemed necessary by the arbitrators, in Birmingham, Alabama. Judgment upon any award rendered in arbitration may be entered in any court having jurisdiction thereof. In addition to any other relief, the prevailing party shall be entitled to recover its costs including reasonable attorneys' fees and expert witness fees. This paragraph does not prevent Passport to the Nations from seeking an injunction or other extraordinary relief to protect or stop the infringement of the Trademarks or the Content, and the Organization agrees that Passport to the Nations shall be entitled to seek injunctive relief to stop such infringement.
18. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties and supersedes all other written or oral statements or previous agreements regarding the License, Trademarks, or Content. (07/24/24)
USAGE GUIDELINES FOR DIGITAL DOWNLOADS AND SUBSCRIPTIONS
ORGANIZATIONS AND LICENSEES
1. GENERAL GUIDELINES:
a.These guidelines supplement the Passport to the Nations Content License Agreement. Your Organization's use of Passport to the Nations’ Content must comply with these guidelines and the applicable Content License Agreement. Capitalized terms in these guidelines are defined in the respective Content License Agreement.
b.Access to and use of the Content and Trademarks is restricted to employees and volunteers of the subscribing Organization solely to conduct your Organization's ministry program. The Organization will not share Content with any third party. Each Organization employee or volunteer must use a separate login and password when accessing the Content.
c.POSTING ANY PASSPORT TO THE NATIONS CONTENT, TRADEMARKS, OR ADAPTATIONS, IN WHOLE OR IN PART, ON UNSECURED OR PUBLIC WEB SITES (E.G. YOUTUBE) OR USE OF ANY PASSPORT TO THE NATIONS CONTENT OR TRADEMARKS IN FOR-SALE OR COMMERCIAL PRODUCTS OR SERVICES ARE STRICTLY PROHIBITED AND WILL AUTOMATICALLY VOID YOUR LICENSE.
2. TEXT AND IMAGES:
a.Content may be distributed only to the students and families within the applicable educational or ministry environment, program, or event of your Organization during the Term set forth in the License Agreement. The Organization agrees that it will not reproduce Content. The Organization or users of the Content, other than staff and volunteer leaders, must purchase student materials for each relevant Content program. b.Content may be distributed to your staff and volunteers through accessing the Content online, provided that access is limited to the number of staff and volunteers reasonably necessary.
c.The Organization may display promotional Content (e.g. artwork or videos promoting the program) provided by Passport to the Nations on the Organization's corporate website, provided that Passport to the Nations expressly designates the Content for such purpose. The Organization will not display lesson plans, studies, or other Content on any Organization website or in any other electronic or public forum without the express written consent of Passport to the Nations.
d.Your Organization may create original content (collectively, "Adaptations") adapted from the curriculum Content, provided that: 1) the Adaptations are displayed and used solely in the children’s ministry environment or program operated by the Organization during the Term set forth in the Content License; 2) the Adaptation is not distributed, sold, or otherwise reproduced; and 3) attribution is given as follows: "Adapted from [curriculum name] with permission. ¬© [year], Passport to the Nations, LLC”. No more than one hundred (100) words of Content may be quoted without Passport to the Nations’ prior written consent. Any other licenses required to create or record the Adaptations must be separately acquired by, and are solely the responsibility of, the Organization. Please note the rights your Organization grants to Passport to the Nations for each Adaptation you create, as described in the Content License Agreement.
e.Adaptations and authorized revisions must comply with the doctrinal guidelines of our statement of faith and all revised documents must maintain the specific copyright language included on the original documents.
f. Any Adaptations may be promoted solely to the Organization's membership, on the Organization's premises or official Organization off-site events, and on the Organization's corporate website.
4. RESALE OF PRODUCTS: The resale of Passport to the Nations hard copy products or digitally downloaded products is subject to the following Usage Guidelines: To the extent provided by law, lawful owners of packaged hard copies of Passport to the Nations’ products may sell them to a third party, provided that no copies of the curriculum are retained for continued use. To the extent provided by law, lawful owners of packaged digitally downloaded Content can sell them to a third party, provided all files containing Passport content have been deleted from all computers or other devices before sale of the product.
5. TRADEMARKS/LOGOS: Trademarks and Logos may be reproduced and displayed in connection with the event and/or program in which you are using the corresponding curriculum under a current License. You agree to use the Trademarks/Logos in the form provided by Passport to the Nations without alteration of any kind and to include the trademark notices (©PASSPORT TO THE NATIONS) with each display of the Logo. The Trademark/Logo license does not include the right to use any Logos in your Organization's name, in the name of an Organization's ministry or program, or in connection with a for-sale product or service offered by your Organization. Any use of a Trademark in text should be in ALL CAPS with the appropriate trademark notice (e.g. ©PASSPORT TO THE NATIONS ).
6. The Organization agrees to cease all use of the Content and Trademarks upon expiration or termination of the applicable License.
7. It is the Organization’s responsibility to inform each user of the restrictions applicable to use of the Content and Trademarks under these Usage Guidelines, and to enforce them.