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Usage Guidelines_7-20-20

USAGE GUIDELINES

FOR ORANGE® CURRICULUM AND PRODUCTS


  1. GENERAL GUIDELINES:

    • These guidelines supplement the Content License Agreement. Your Organization's use of Orange Content must comply with these guidelines and the applicable License Agreement. Capitalized terms in these guidelines are defined in the applicable License Agreement.

    • For Licenses purchased by churches and other ministry Organizations, 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.

    • For Licenses purchased by individuals, access and use is limited to the specific item(s) of Content covered by the License, use of the Content is expressly limited to personal use only, and the individual acknowledges he or she is not permitted to use the Trademarks nor to reproduce, adapt, edit, display or distribute the Content.

    • It is your responsibility to inform each of your Organization's users of the restrictions applicable to use of the Content and Trademarks under these Usage Guidelines, and to enforce them.

  2. CURRICULUM SUBSCRIPTIONS AND ADD ONS:

    • The following guidelines apply to Orange curriculum, media packages, VBS Content and additional resources licensed for use with Orange curriculum:

    • Content may be reproduced and distributed only to employees, volunteers, children and families within the applicable children's ministry environment of your Organization during the Term set forth in the License Agreement.

    • Content may be reproduced and distributed to your staff and volunteers through printed copies, email, copies stored on portable media storage devices, and copies stored or posted to Organization's private social media groups, private file-sharing folders, and local servers which are subject to industry- standard security and are accessible only to the Organization's employees, volunteers and participants in the ministry program, provided in each instance copies are limited to the number reasonably necessary.

    • Your Organization may create original videos and live productions adapted from the curriculum Content (collectively, "Adaptations"), provided that: 1) the Adaptations are displayed and performed solely in the children's ministry environment or program operated by the Organization during the Term set forth in the Content License; and 2) the Adaptation is not distributed outside the Organization or sold.

    • Organizations utilizing the Playlister® + Orange® service are authorized to select applicable Content, compile with videos and other content created by the Organization, and stream the combined files via the Playlister service. Such organizations are authorized to post or distribute links generated by the Playlister service to its members.

    • If the Content includes any message scripts or message notes, no more than 100 words may be quoted directly without the prior written permission of Orange, and personal examples in the Orange message must be replaced with appropriate Organization examples. The Organization's message, as adapted from the Orange message, may be performed solely as part of Organization's ministry program and may be promoted solely to the Organization's membership, on the Organization's premises, and via Organization-branded and operated websites and social media accounts. Provided that the Organization complies with the above restrictions, the Organization may sell audio recordings of the Organization's message internally to its membership and may live stream said recordings from its

      website, but may not podcast the message or distribute or sell the recordings in any way outside of the Organization's premises or membership.

    • Music/audio and video files posted by Orange for download as part of a curriculum License may be used by your Organization as follows during the License Term:


      o Playback on Organization premises: unlimited

      o Permission to burn track to CD/DVD or storage device: unlimited as necessary to distribute to employees and volunteers that are a part of your Organization. Any reproduction for sale or distribution is strictly prohibited.

    • EXCEPT AS EXPRESSLY AUTHORIZED ABOVE OR UNDER AN ENHANCED LICENSE AS DESCRIBED BELOW, POSTING ANY ORANGE CONTENT, TRADEMARKS, OR ADAPTATIONS, IN WHOLE OR IN PART, ON UNSECURED OR PUBLIC WEB SITES, VIDEO- SHARING PLATFORMS (E.G. YOUTUBE), SOCIAL MEDIA PLATFORMS, OR OTHER ONLINE MEANS AND USE OF ANY ORANGE CONTENT OR TRADEMARKS IN FOR-SALE OR COMMERCIAL PRODUCTS OR SERVICES ARE STRICTLY PROHIBITED AND WILL AUTOMATICALLY VOID YOUR LICENSE.


  3. ENHANCED LICENSE: Organizations which purchase an Enhanced License are authorized to exercise the following expanded rights to the Content:

    • To create Enhanced Adaptations, which are a form of Adaptation created by the Organization from the Content by revising eligible Content files and combining them with Organization video recordings and/or other Organization content to form a customized weekly Content offering. The terms of the Content License governing Adaptations apply to Enhanced Adaptations.

    • To stream the Content and Adaptations only from Authorized URLs, commencing no earlier than the release date specified by Orange. The Organization agrees to cease streaming each element of Content and each Adaptation no later than three (3) months after the specified release date.

    • Only websites, social media platforms, and video-sharing platforms which are operated by the Organization and prominently branded with the Organization's name/trademark are eligible to serve as Authorized URLs. The Organization will ensure that the Organization's name/trademark is clearly visible from any location where a user may stream any Content or Adaptation.

    • Organizations are authorized to stream from embedded players on Authorized URLs or by posting or distributing unique links which allow users to stream the files.

    • Content and Adaptations may not be uploaded to video-sharing platforms such as YouTube and Vimeo in a fashion which allows users to locate and play the file directly on the public platform. Rather, Organizations may only upload same to video-sharing platforms on a "link" or "private" basis unless the Organization operates an Organization-branded YouTube and/or Vimeo channel, in which case the Content and Adaptations may be streamed from this branded channel.

    • Only streaming is permitted; the Content and Adaptations may not be posted or made available for download under any circumstances.

    • Organization acknowledges it is solely responsible for acquiring any blanket music streaming licenses or other rights required to create or stream their Adaptations. Organization acknowledges that video- sharing and social media platforms may block their Adaptations if they appear to include unlicensed third party material. Orange disclaims any responsibility for infringement arising from third party material incorporated by Organization.

  4. REVISIONS AND ADAPTATIONS:

    • Any Content which is not expressly designated by Orange as "editable" may not be revised or edited.

    • Adaptations and authorized revisions must comply with the doctrinal guidelines of our statement of faith (located at https://common.rethinkgroup.org/legal/?doc=sof) and all revised documents must maintain the specific copyright language included on the original documents.

    • Organization agrees to display appropriate attribution for each Adaptation, as follows: "Adapted from [curriculum name] with permission. © [year], Orange®, a division of The reThink Group, Inc." Any music and 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 Orange for each Adaptation you create, as described in the Content License.

  5. EXPIRATION OF RIGHTS: The Organization agrees to cease all use of the Content, Adaptations, and Trademarks upon expiration or termination of the applicable curriculum License Term. Additionally, all copies of curriculum Content accessed through the License and stored by the Organization on any hard drive, server, file-sharing service or other means of storage or in hard copy must be deleted or destroyed upon expiration or termination of the curriculum License. Orange reserves the right to terminate or downgrade any License without refund in the event the Organization violates the Content License or Usage Guidelines. Additionally, if the Organization exercises rights which exceed the terms of their License and for which a License option is available but has not been purchased by the Organization, the Organization authorizes Orange to charge the Organization the cost of the available License for a one (1) year period. Orange reserves the right to request the Organization remove any Content, Adaptation, or Trademark at any time if Orange determines, in its sole discretion, that such item risks creating liability to Orange or the Organization and Organization agrees to immediately comply with any such request.

  6. TRADEMARKS: Curriculum subscribers may reproduce and display Trademarks only in connection with the environment and/or program in which you are using the corresponding curriculum under a current

    License. You agree to use the Trademarks in the form provided by Orange without alteration of any kind and to include the trademark notices ("™" or "®") used by Orange with each display of the Trademarks. The trademark license does not include the right to use any Trademark 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. FIRST LOOK®). All use of the Trademarks must comply with the Orange trademark style guide as it may be revised from time to time.

  7. INDIVIDUAL PRODUCTS: The Content of individual products available on the Orange Store on tangible media such as printed books, CDs/DVDs, and USB/flash drives as well as individual products delivered in downloadable form such as ebooks, downloadable videos, downloadable music, and other downloadable files is licensed (not sold) by Orange and/or its licensors for personal, non-commercial use only by the individual or church or other ministry organization which purchases the product. This Content may not be reproduced, adapted, distributed, publicly performed or displayed, or transferred to any other person.


[Updated June 24, 2020]