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Terms

 
FILMS MEDIA GROUP TERMS OF USE

Your use of the content purchased from Films Media Group (“FMG”) constitutes your acknowledgement and agreement to all of the terms and conditions contained below (“Terms of Use”).

FMG is the Licensor and you, the user, are the Licensee.

You hereby agree to the following Terms of Use:

Grant of License
FMG grants to the Licensee a limited, non-exclusive, revocable license to use the Content (as defined below) in an educational setting.

Copyright
All materials purchased from FMG including, but not limited to, video, audio, graphics, text, images, and interactive media ("Content") are the property of FMG or have been licensed to FMG, and are protected by international copyright and trademark laws. Licensee has no ownership of the Content. Licensee may not copy, display, create derivative works from, transmit, perform, modify, display, or sell any information, products or services obtained from this site, except as expressly permitted under applicable law, as expressly stated for a specific product, or as described in these Terms of Use. The Content is licensed solely for classroom teaching, research, educational non-commercial multimedia projects, classroom presentations, and individual presentations for use in educational institutions or public libraries. In addition, the contents of this Web site, including but not limited to design, "look and feel," software code, text, images, audio, and audiovisual Content, are copyrighted, with all rights reserved by Films Media Group © 2005 Films Media Group.

Term
The term of this License Agreement shall be concurrent with the length of the license chosen by the Licensee (i.e. 1 year, 3 year, perpetual, or other agreed upon term) ("Term"). Upon expiration, non-renewal, or any termination of the license, all Licensee's rights to use the Content shall cease, except as otherwise provided herein below. Except for noncommercial student projects, all Content in all formats must be erased, deleted, or destroyed upon expiration or any termination of this Agreement. Student multimedia projects need not be destroyed but they may not be used for instructional purposes by the Licensee's organization after expiration of this Agreement.

Permitted Uses of Content
Use of the Content and related materials for any purpose not expressly permitted in these Terms of Use is prohibited. Licensee may not copy, display, create derivative works from, transmit, perform, modify, display, or sell any information, products or services obtained from FMG, except as otherwise expressly permitted under applicable law or as granted in this License.

Public Performance Rights
The prices for all programs listed on this website include full protection for public performances. A public performance is a non-theatrical performance of a program, without charge, outside the home to a gathering of people other than family members and or acquaintances. These gatherings are normally found in locations such as schools, libraries, and religious and civic institutions. Public performance rights also include closed-circuit transmission within a single building or on a single, geographically unified campus.

Return Policy
If for any reason you are not satisfied with your purchased products, you may return them in saleable condition, freight prepaid within 30 days to receive a refund of the purchase price. For more information, or to request a Return Authorization Number, you may contact our Customer Service Department.

Disclaimer of Warranties
Licensor makes no warranty whatsoever, including without limitation: as to the accuracy, reliability, availability, suitability, quality, or operation of any information, software, or service provided.

Licensor and all information, products and other content (including third party information, products and content) included in or accessible from FMG Content are provided "as is" and without warranties of any kind (express, implied and statutory, including but not limited to the warranties of title and noninfringement and the implied warranties of merchantability and fitness for a particular purpose), all of which FMG disclaims to the fullest extent permitted by law. Licensee's use of the Content is at licensee's sole risk.

Indemnification
Licensee agrees to indemnify Licensor, its directors, officers, shareholders, parents, subsidiaries, affiliates, agents and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from Licensee's violation of these Terms of Use.

Governing Law
These Terms of Use are governed by the laws of the United States and the State of New York, without giving effect to any principles of conflicts of laws. Licensee hereby consents to the jurisdiction of the state and federal courts located in New York, New York.

Trademarks
Films Media Group, Films for the Humanities & Sciences, Cambridge Educational, Meridian Education and Shopware and their respective logos that appear throughout the Web site belong to Films Media Group, and other marks belong to third party trademark owners. Except as permitted by applicable laws, Licensee is prohibited from using any of the marks appearing on this site without express written consent from their respective trademark owners.

Miscellaneous
Licensor reserves the right to refuse service and terminate accounts at its sole discretion, with or without cause, including, but not limited to, if Licensor believes Licensee's conduct violates applicable law or is harmful to Licensor.

Licensor's rights, including but not limited to all rights of remedy for Licensee's breaches under this Agreement, shall continue in perpetuity.

Licensor reserves the right to change, modify, add, or remove portions of these Terms of Use or this service at any time. Please check this page periodically for any modifications. Licensee's continued use of this site following the posting of any changes will mean that Licensee has accepted the changes. Licensor may add, delete, or modify features, titles, as well as the scope of service and support provided. Pricing, product features and specifications, and product title library are all subject to change without notice.

No delay or failure of Licensor to take action under these Terms and Conditions will constitute a waiver by Licensor, unless expressly waived in writing by Licensor.

With the exception of the rights to use Content, all other provisions of this Agreement shall survive termination and shall continue to legally bind Licensee.

These Terms of Use constitutes the complete agreement of the parties and contains the entire understanding of the parties hereto relating to the Content, supersedes any prior written or oral agreement or understandings between the parties with respect to the Content, and cannot be changed or terminated orally. Only a writing specifically referencing these Terms of Use and signed by the parties hereto may amend them.

Updated: February 28, 2005



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