Church Initiative Content License

If you are purchasing Content (as defined below) from Church Initiative, Inc., you hereby agree that the following terms and the Church Initiative Usage Guidelines govern your or your Organization’s use of the Content:

General Guidelines: This Content License (“License”) applies to you, individually, or your Organization which purchases or otherwise lawfully acquires use of DIVORCECARE®, GRIEFSHARE®, or other content (“Content”) delivered to you or your Organization by The Church Initiative, Inc. (“CI”). You or your Organization’s use of the Content is subject to and must comply with the terms of this License.
1. You or your Organization accepts the terms of this License by indicating your acceptance of the Church Initiative Terms of Service which include these terms, this Content License, or the Usage Guidelines.
2. If you are purchasing Content on behalf of an Organization, it is your responsibility to inform each of your Organization’s employees, agents, or other Content users of the restrictions applicable to use of the Content and Trademarks under this License, and to enforce them.

Content and License: The following terms apply to any Content or Trademarks delivered to you or your Organization by The Church Initiative, Inc. for the Purpose provided herein:

Content: The “Content” covered by this License includes trademarks, logos, and brands (collectively, “Trademarks”) and curriculum materials, leader’s guides, student materials, original leadership and ministry principles, handouts, images, artwork, graphics files, messages, video recordings, audio recordings, posters, text, data, and other copyrighted content in any format or medium. The License is limited to only the specific Trademarks and Content included in the materials made available by CI as part of the Content package purchased by your or your Organization. The License also includes the right to use the DIVORCECARE® and GRIEFSHARE®, trademarks in accordance with the style guide (referenced in the Usage Guidelines) to identify that the Organization is using those Programs as part of its ministry.
License: Subject to the terms of this Agreement and only to the extent expressly authorized by this License or the Usage Guidelines, CI grants to the Organization a limited, personal, non-exclusive, royalty-free license during the Term to display and reproduce the Trademarks and to reproduce, display, and perform the Content, in each case solely to promote, display, perform, and conduct the relevant ministry program (i.e. DIVORCECARE or GRIEFSHARE) (each, and such other similar programs, a “Program”), or, in the case of a license purchased by an individual, solely for personal use. Except as expressly provided otherwise in the Usage Guidelines, the Organization agrees not to use any Trademark or Content in, on, or associated with any revenue-generating products or services, including products or services sold to members of the Organization or which generate ad revenue. The preceding sentence does not prohibit Organization from charging group participants a fee that approximately covers Organization’s costs to host and operate the Program; provided however, that any fee charged by Organization which CI in its sole discretion deems excessive, may be grounds for terminating this License. The Organization agrees not to alter the Trademarks without prior written approval from CI and all use of the Trademarks inures to the benefit of CI. 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 may be changed by CI from time to time, and are hereby incorporated into this Agreement. The Organization acknowledges that representatives of CI may, on reasonable notice, inspect Organization’s offering of the Programs to confirm conformance with the standards referenced in this Agreement.

Adapting the Content for the Program:

Organization may not adapt any written or electronic Content as part of a Program but may contextualize Content for its local individuals as part of teaching or facilitating the Program, such as by providing verbal, text, or graphic/image examples which Organization believes will assist group participants in better understanding the Content. However, the Organization may not adapt or modify the Content contained within Program materials. Organization’s presentation of the Program, its content, and any contextualized teaching of the Content must comply with the doctrinal guidelines of CI’s Statement of Faith.
Any music, audio/visual rights, rights of privacy or publicity, or other third party rights or licenses required to create or record the Program must be separately acquired by, and are solely the responsibility of, the Organization.

Trademark(s): The License above permits your Organization to reproduce and display the DIVORCECARE® and GRIEFSHARE® trademark and other trademarks authorized or approved by CI in writing (collectively, the “Trademarks”) in connection with the Program. Your Organization agrees to use the Trademarks in the form provided by CI without alteration of any kind and to include the trademark notices (“™” or “®”) used by CI with each display of the Trademarks. Any use of a Trademark in text should be in ALL CAPS with the appropriate trademark notice (e.g. GRIEFSHARE®). All use of the Trademarks must comply with the CI trademark style guide, if applicable, as it may be revised from time to time.
No Sublicense or Assignment. The License granted by this Agreement does not permit the Organization to rent, lease, lend, or otherwise sublicense the Trademarks or the Content, or assign this Agreement to any other person or organization without the prior written approval of CI. Any attempted sublicense or assignment without such approval is null and void and constitutes a material breach of this Agreement.
Territory/Term. The “Territory” is the United States of America. The “Term” shall continue terminated in accordance with the terms of this License. Sections 5-7, 9-12, and 14-16 will survive termination or expiration of this Agreement.
Valid Rights/Notice of Infringement. The Organization acknowledges that the Trademarks are valid and valuable trademarks exclusively owned by CI and the copyrightable components of the Content are copyrighted works exclusively owned by CI and/or its licensors. CI retains all rights to the Trademarks and Content not expressly licensed. The Organization will not challenge or dispute CI’s exclusive rights in and to the Trademarks or the Content, and agrees to provide prompt written notice to CI in the event that the Organization learns that any person or organization infringed or is infringing upon CI’s rights to the Trademarks or the Content.
WARRANTIES. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, THE CONTENT, TRADEMARKS AND LICENSE ARE PROVIDED “AS IS”. CI 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. CI 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.
Indemnification/Insurance. The Organization agrees to defend, indemnify, and hold harmless CI 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 CI’s gross negligence or breach of this Agreement. During the Term, the Organization represents that it carries general liability insurance (including coverage for the indemnification obligation in this Agreement), that it will add CI as an additional insured under said policy, and that it will provide CI with a certificate of insurance indicating same promptly upon CI’s request. Said insurance obligation is waived for an individual purchasing a license solely for personal use.
LIMITATION OF LIABILITY. CI’s 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 CI 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.
Relationship. This Agreement does not create any affiliate, partnership, joint venture, or agency relationship between CI and the Organization, and the Organization agrees not to imply that any such relationship exists.
Support Services. Any information you provide to CI regarding your use of the Content or Trademarks may be used for business purposes, including improving CI products or services.
Termination. CI 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, CI reserves the right at any time to terminate the license to a specific Trademark or component of Content with a pro-rata refund to the Organization in the event CI discovers that a Trademark or component of Content infringes upon the rights of any third party. After eighteen (18) months from the effective date of the License, CI may terminate the License without refund at any time with or without cause.
Waiver. Failure by CI 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 exist between the parties.
Governing Law/Dispute Resolution. This Agreement shall be interpreted under the laws of the State of North Carolina 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 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 Georgia 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 Ambassadors of Reconciliation in Billings, Montana). 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 Wake County, North Carolina. 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 CI 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 CI shall be entitled to seek injunctive relief to stop such infringement.
Entire Agreement. This Content License constitutes the entire agreement between the parties and, excepting the Usage Guidelines, supersedes all other written or oral statements or previous agreements regarding the License, Trademarks, or Content.

[Updated April 26, 2024]