Please read the Home Use Licence Agreement in full.
Thank you for your interest in Streamline Publishing, Inc.’s video. Our videos are licensed for home use and, upon request, we license other uses at an additional cost. When you purchase a licensed video, you are purchasing the right to use that video only pursuant to the licensed terms. This document explains those uses. Of course, if you have any questions, please contact us at [email protected] or (561) 655-8778.
Your integrity in abiding by these license terms is important. Not only is it required by the law, but it also helps us protect your investment in the video and to continue to develop programs.
The home use license accompanies all of our videos and constitutes a legal agreement between you and Streamline Publishing, Inc., about your use of this video and its related content and marks (“Program”). If you disagree with anything in these Terms, Streamline Publishing does not grant you a license to use the Program and, as a result, you may not use it. You may return any unopened program for a refund.
Streamline Publishing reserves the right, from time to time, to change these Terms in its sole and absolute discretion. The most current version of these Terms can be found on Streamline Publishing’s website. By using Streamline Publishing Programs subsequent to any modification of the Terms, you agree to be bound by the full language of the most current Terms. If you disagree with any changed term, please contact Streamline Publishing immediately.
Streamline Publishing creates video, written, art, audio and other works designed to provoke thought and discussion. Streamline Publishing also uses metadata, DVDs, VHSs, software, and other programs to distribute and provide access to these works. All of these elements, in any format and delivery, are “Content” under this Agreement. In other words, anything you receive from Streamline Publishing or give to Streamline Publishing should be considered “Content,” and will belong either to Streamline Publishing or one of its suppliers or partners. In addition, Streamline Publishing may provide opportunities for feedback, suggestions, comments and discussion forums. This is “Internet Content.” You agree to abide by the rights in Streamline Publishing’s ownership, and assign or give to Streamline Publishing any rights that you may develop, incur or create in Content or its derivatives.
Streamline Publishing does not “sell” copies of its Content, but sells licenses to use the Content. Streamline Publishing retains all right, title and interest, including without limitation all intellectual property rights in and to the Content, and all elements and components thereof, such as technology, software, code, user interfaces, derivative works and/or compilations.
Content that Streamline Publishing places on the internet, such as discussion forums and feedback, are free to access, share with friends, employees and others, distribute and print.
Home Use License is the standard license accompanying virtually all of Streamline Publishing content. Unless you have a specific license granted to you by Streamline Publishing, you will have a Home Use License. The Home Use License permits the user to watch the content for private, non-commercial and non-education purposes only. It does not permit other uses including rental, loaning, other forms of commercial use, or educational use. More details here.
In addition to the Standard Licensed Uses, Streamline Publishing recognizes that there are some Specialized Users with unique circumstances that Streamline Publishing may use to accommodate. The definitions below will tell you if you qualify as a Specialized User; if you need a separate, written license with Streamline Publishing or any other steps; and the additional uses you may make of the Content. If you are not a Specialized User under the definitions below, then you may use the Content only pursuant to the Standard Licensed Terms.
Commercial Internal Use Licenses permits Performing the Content (e.g. training, lecture, seminar) only to yourself and the employees of your organization or company. An Internal Use License can come with the following durations.
Rental License refers to the grant of a restricted and temporary license that entitles the User the opportunity to Perform (e.g. train) the Product internally to its employees only. A rental license is generally for seven (7) days or less, and then must be returned to Streamline Publishing.
Life License refers to the grant a restricted and temporary license that entitles the Customer the opportunity to Perform the Product internally to its employees during the usable life of the Product. When the Product no longer works, Customer must destroy or return Product to Streamline Publishing.
Electronic License refers to a Rental License in a digitized or electronic format, and for a defined period of time and/or number of employees authorized to access the Content. An Electronic License includes both streaming and downloads. The invoice will detail the duration, location, number of employees and any other term. You are responsible for updating and maintaining the information and accuracy in your account, and preserving the confidentiality of your account and passwords. At the expiration of the license, you must disable the use of and erase the Content.
Commercial License permits using the Content outside of your organization. The written license agreement will explain the uses licensed. “Commercial Use” means using (Performing, distributing, selling, loaning, circulating, etcetera) the Content in exchange for monetary benefit or to promote a service or product (whether by or for the Licensee or another user) by any means. Commercial Use includes, but is not limited to, rental, distribution, using the Content for profit with someone who is not an employee of your organization; in conjunction with or as a means to market a product or service with someone who is not an employee of your organization; and to advance relationships (such as providing a goodwill Performance to a client or prospective client) with someone who is not an employee of your organization. Commercial Use does not include educational uses covered below in the Academic License and Primary Education Cooperative Licenses.
Streamline Publishing at times provides commercial licenses to distribute and/or Perform its content. The availability of a commercial license depends upon the experience of the licensee, market needs, internal growth strategies of Streamline Publishing and other factors. If you are interested, contact Streamline Publishing. If an agreement is reached, you will receive a separate, written commercial license agreement. Do not engage in any Commercial Use of Content or Streamline Publishing mark absent a signed, written agreement with Streamline Publishing.
If you are a franchisor, Streamline Publishing offers a license that enables you to purchase the program for use by your franchisees or a buying program for your franchisees. The terms of this type of license will depend upon the territory, extent and format of the Content. Contact Streamline Publishing and we will craft a license for your needs. Again, do not Perform, share, loan or display Content to (non-employee) franchisees without first obtaining a signed, written license from Streamline Publishing.
Recording (Audio and Film) License
From time to time, Streamline Publishing receives requests for a license to record a Streamline Publishing event or the Performance of Content. Recording an event, in any format such as audio and film, constitutes creating a derivative work, which is not licensed by this Agreement. You must contact Streamline Publishing and receive a signed, written agreement permitting filming.
Intranet / Broadcast License
Organizations that wish to have Streamline Publishing Content available in an electronic format should purchase a Video Stream License. Organizations may not digitize, copy or otherwise alter the format of the Content as received from Streamline Publishing absent a signed, written agreement with Streamline Publishing.
Library and Academic LicenseStreamline Publishing promotes its content to be used for educational purposes although, as an educational product, requires users to abide by an academic license. If you qualify as an Academic Classroom or Academic User, you may use the Content pursuant to these terms without any additional fee, agreement or steps. First some definitions.
“Academic Classroom” means a course or class in Licensee’s institution that (i) is part of Licensee’s regular curriculum (e.g. not an extension class, correspondence course, or continuing education course), (ii) is not for a partial credit, (iii) its credits are regularly applied toward a general education development diploma (GED), graduate degree, a baccalaureate degree, or an associate’s degree, and (iv) studies a broader topic than the Streamline Publishing Content and the Streamline Publishing Content constitutes less than twenty percent (20%) of the classroom hours. Academic Classroom also includes a faculty member providing education to student leaders who are currently enrolled in a degreed program and studying at Licensee’s institution.
“Academic User(s)” means (i) current employees, staff, and members of the faculty of Licensee (whether on a permanent, temporary, contract, or visiting basis); (ii) individuals who currently are studying at the Licensee’s institution and have privileges in good standing with Licensee’s library; (iii) Authorized User(s) of a library within a library system in which Licensee is a member; and (iv) Academic Classrooms. An educational institution or library may use Streamline Publishing Content for the length of the license (rental, life, video stream) (i) for Internal Use, (ii) as part of an Academic Classroom on Licensee’s physical premises, and (iii) on a non-circulating (library reserve) basis to Academic Users. No excerpts of Streamline Publishing Content may be copied and disseminated for use in course pack or other materials absent a separate, written license from Streamline Publishing. Licensee may prepare and offer Braille copies of the Licensed Materials to Authorized Users who, in the reasonable opinion of the Licensee, are visually impaired.
Primary Education Cooperative License
A Primary Education Cooperative (PEC) exclusively purchases and manages education materials on behalf smaller school districts, and thereby bridges several employers. Streamline Publishing permits PEC uses pursuant to this License. If you qualify as a PEC, you may use the Content pursuant to these terms without any additional fee, agreement or steps.
“Authorized Users” means current employees, teachers (including substitute and temporary teachers), students, members of the school board, officers/board-members of a parent-teacher organization, and staff who support the operations of schools or school districts serviced by the PEC. Authorized Users does not include members of the public or parents of students who do not have regular duties that support the function of the school.
A PEC may use Content (i) for Internal Use and (ii) on a circulating basis with Authorized Users on the physical premises of the PEC, school, or school district offices. The Content may not be circulated outside of these physical premises or with non-Authorized Users.
Social Services Organization License
Streamline Publishing content has helped clients of Social Services Organizations (SSO) help find jobs, improve community services and other social healing ways. Streamline Publishing welcomes this use. If you qualify as a SSO, you may use the Content pursuant to these terms without any additional fee, agreement or steps.
SSO means an organization or entity that: (i) Works directly with Clients; (ii) is not for profit, has been granted I.R.C. 501(c)(3) tax-exempt status, and may not be classified as a private foundation under I.R.C. 509(a); and (iii) works to impact the community at large by providing civic or social services to Clients that advance a public (rather than private) welfare and interest. The following are excluded from this definition: (i) political, lobbying, and religious affiliated organizations, (ii) labor organizations, (iii) memorial campaigns, (iv) endowments, booster clubs, and athletic funds, (v) fundraising, scholarship, or grant making organizations, (vi) organizations under a fiscal sponsor, (vii) advertising, film, book, or video projects, and (viii) scientific or literary organizations.
“Clients” mean the beneficiaries of the services of the SSO.
A SSO may use Content (i) for Internal Use and (ii) to Perform with its Clients for their benefit. For clarity, an SSO may not use the Content with donors or for at fundraising events.
Correctional Facility License
Streamline Publishing Content has been used with great results in prisons, jails and other Correctional Facilities to help inmate rehabilitation. Streamline Publishing licenses this use at no additional fee as follows.
“Clients” mean the facility’s custodial inmates.
A Correctional Facility may use Content (i) for Internal Use and (ii) to Perform with its Clients for their benefit.
If you require a license to use any artwork, trademark or other Content, please contact Streamline Publishing. If we grant your request, all uses are subject to the following Terms and Conditions, in addition to any terms in your license agreement.
Streamline Publishing grants you a license to display the trade names, trademarks, service marks, logos, artwork, copyright notices, domain names and other distinctive marks of Streamline Publishing (“Streamline Publishing Marks”) for the limited purposes noted in you agreement, such as for internal use with your employees to promote a Streamline Publishing program, as part of a PowerPoint or similar Performance pursuant to a Licensed Use, for the purpose of promoting or advertising that you use a Streamline Publishing program. When using any Streamline Publishing Mark, a legible acknowledgment must appear in a prominent location stating as follows:
“are trademarks or service marks of Streamline Publishing Learning and used with permission. All rights reserved.”
You may not register, use, or associate the corporate name of Streamline Publishing or any Streamline Publishing Mark or other Intellectual Property of Streamline Publishing, or any name or mark closely resembling them, as part of your company name or in or on any signs, Internet domain name, letterhead, telephone directory listings, business cards, or other office or business supplies, or in any manner that, in Streamline Publishing’s belief, tarnishes the goodwill associated with Streamline Publishing Intellectual property or may confuse customers as to: (a) a translation of the Trademarks or any mark in a local language spoken in the Territory; (b) the origin of any Products or any of your products; or (c) Streamline Publishing’s association with or sponsorship of your business or products. You may not use the Trademarks in any way that may suggest falsely that a product is a Streamline Publishing product, or that the Products are your products, or that any non-Streamline Publishing product or activity has been approved or endorsed by Streamline Publishing. Streamline Publishing may request you to cease any use of the mark that Streamline Publishing determines, in its sole discretion, breaches this term and/or terminate your license rights in its sole discretion.
Streamline Publishing retains all right, title and interest, including without limitation, all intellectual property rights in and to the Content, and all elements and components thereof, such as technology, software, code, user interfaces, derivative works and/or compilations. You do not acquire any right, title or interest in any Content or other Streamline Publishing property except the uses as expressly set forth in these License Terms. All licenses are limited, non-exclusive, revocable, non-sublicenseable and non-transferable. All rights not expressly stated are reserved.
Any goodwill arising from your use of Streamline Publishing Content and Marks shall inure to Streamline Publishing. You are responsible for your conduct while using Streamline Publishing Content and access to the Content, and agree to use the Content only as licensed and permitted. You will adopt controls and procedures to ensure compliance with the licensed uses of Content and Streamline Publishing shall be entitled to inspect your site and/or records to observe and approve the controls and procedures practices, and terminate this license for breach.
If you use any Content in a way that Streamline Publishing, or, where applicable, a third-party provider of such Content to Streamline Publishing, finds unacceptable for any reasons, including if your use violates these Terms or disparages, damages, tarnishes or impairs the goodwill of the Content, Streamline Publishing or the third-party provider may require you immediately change or cease your use of this Content or terminate any license/use you may have. Using the Content in ways not licensed also can subject you to severe penalties under U.S. and international laws.
Specific examples of improper use, for illustrative purposes, include doing the following without a separate, signed agreement with Streamline Publishing:
By this Agreement, you understand your obligations and agree to respect Streamline Publishing’s Content. You also agree to pay any damages, costs and fees, including attorney’s fees, resulting from any breach of these terms, non-licensed use because of any breach in your obligation to maintain the confidentiality of your account and password, infringement of any intellectual property right, and any other damage as provided by applicable law, and, State governments in the United States further agree to waive any immunities under the Eleventh Amendment.
If you need to do anything outside of a licensed use, please, contact Streamline Publishing and receive a written license, signed by Streamline Publishing, permitting this use before you use the Content in this way.
Fees for any license will be stated on the invoice. For any installment billing, the full fees and charges, including sales and use taxes, are fully earned upon invoice. You are responsible for full sale charges for lost Content or Content not returned upon expiration of any license, and you authorize Streamline Publishing to charge your payment method for such amounts at the rate then being charged. Payments are nonrefundable. THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, Streamline Publishing may provide a refund, discount, bonus or other consideration to a client. The amount and form of such benefit and the decision to provide it is at Streamline Publishing’s sole and absolute discretion. Providing a benefit to one client does not obligate Streamline Publishing to provide it to another, and providing a benefit at one time does not obligate Streamline Publishing to provide it at another time.
Content is designed to provoke and expand a person’s and organization’s vision and thoughts, and lead to conversations and growth. USER BEARS RESPONSIBILITY FOR IMPLEMENTING THE PRACTICES AND SKILLS DESCRIBED IN ANY CONTENT.
We protect licensed DVDs for two years from wear or damage as follows: If your DVD stops working, we will replace it for the cost of shipping in the first year, and cost of shipping plus 1/3d of the purchase price in the second year upon receipt of the original non-working disc. An extended warranty means that we will replace the DVD for the cost of shipping only for four years from the purchase date.
Video stream and downloads are protected for the duration of the stream or download license, meaning, we will help resolve troubles related to receiving the video. We are not responsible and cannot help with hardware, broadband, internet access, and other such problems.
ANY HARDWARE ACCOMPANYING CONTENT, CONTENT AND SERVICES ARE PROVIDED AS-IS AND AS-AVAILABLE BASIS; AND USE OF IT IS AT YOUR RISK. STREAMLINE PUBLISHING MAKES NO WARRANTY THAT ANY CONTENT, PRODUCT OR SERVICE (i) WILL MEET YORU REQUIREMENT, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR ERRORS WILL BE CORRECTED, (iii) WILL PROVIDE RESULTS THAT ARE ACCURATE OR RELIABLE, OR (iv) WILL MEET YOUR EXPECTATIONS. ANY CONTENT RECEIVED FROM STREAMLINE PUBLISHING IS ACQUIRED AT YOUR DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSBILE FOR ANY DAMAGE TO YOUR EQUIPMENT, COMPUTER SYSTEM OR LOSS OF DATA RELATED TO SUCH USE, ACCESS OR DOWNLOAD. ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING WARRANTIES OF PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, STREAMLINE PUBLISHING SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES.
NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM STREAMLINE PUBLISHING WILL CREATE A WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
YOU UNDERSTAND AND AGREE TO THE EXTENT PERMITTED BY LAW THAT STREAMLINE PUBLISHING WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, GOODWILL, USE, DATA OR OTHER INTANGIBLE DAMAGES OR LOSSES EVEN IF STREAMLINE PUBLISHING IS ADVISED OF THE POTENTIAL.
To the maximum extent permitted by law, you hereby release and waive all damages against Streamline Publishing and its affiliates, subsidiaries, officer, agents, partners, and employees from any and all liabilities for claims, damages (actual and consequential), costs, expenses and attorney’s fees of every kind and nature arising from or in any way related to your use of Streamline Publishing Content.
This Agreement is governed by the laws of the United States and State of Flordia without regard to conflicts of law principles. The English version of this Agreement shall govern and control any translations. All claims or disputes related to this Agreement will be subject to exclusive venue in the state or federal court in West Palm Beach, Florida United States of America, and the Parties agree that such personal jurisdiction and venue are proper. This Agreement represents the entire Agreement and supersedes all prior discussions and understandings on this subject. If any provision is held invalid or unenforceable, the remainder of this Agreement will remain in full force and effect. No modification of this Agreement shall be effective, nor any provision be deemed waived or modified, except by a written addendum or separate license agreement signed by an authorized representative of Streamline Publishing.
If you have any questions about this Agreement, the authorized uses of the Works, or any other subjects: Reach us at [email protected] Publishing.com, (561) 655-8778, or write to Streamline Publishing, Inc., at 331 SE Mizner Blvd, Boca Raton, FLORIDA 33432.