Terms and Conditions
By licensing and accessing DEI in Context: Patterns in American Racism (the “Collection”), the licensee and its employees (“you”) agree to be bound by these Terms and Conditions ("Terms") which is a binding agreement between you and the Company (as defined below). The Collection is licensed, not sold, to you. Please read the Terms carefully.
These Terms govern the license and use of the Collection provided by Ohlinger Publishing Services, Inc., doing business as Ohlinger Studios, by Enlight Media, LLC, and by Patterns in American Racism, LLC (collectively, the "Company"). If you do not agree to these Terms, do not purchase a license or access or use the Collection.
1. License Fee
1.1 Payment: You agree to pay the specified license fee for the Collection as indicated in the Company's proposal, invoice, or as otherwise agreed in writing between you and the Company.
1.2 Access: Upon successful payment, you will receive access to the Collection for one (1) year from the date of delivery, unless otherwise stated in the invoice.
2. Grant of License
2.1 Grant of License: Subject to these Terms and payment of the license fee, the Company grants you and your bona fide W-2 employees and subcontractors a limited, non-exclusive, and non-transferable license to access and use the Collection for your personal or internal business purposes strictly in accordance with these Terms only for an initial one-year period, that is renewable annually. Any of your subcontractors must agree in writing to these Terms prior to being given access to and use of the Collection.
2.2 Restrictions: Without the prior written consent of the Company, you shall not (a) copy, modify, or otherwise create derivative works or improvements to the Collection, (b) sublicense, assign, distribute, publish, transfer, sell, or otherwise distribute, grant access to, or make available, the Collection or any part, feature, or functionality thereof to any third party or (c) remove, delete, alter, or obscure any trademarks and/or any copyright, trademark, or other intellectual property or proprietary rights notices from the Collection, including any portion or copy thereof. You shall be responsible for the online credentials of all your employees and are liable for any actions your employees take.
3. Intellectual Property
3.1 Ownership: All intellectual property rights in the Collection, including but not limited to copyright, trademarks, and trade secrets, belong solely and exclusively to the Company. You are given only a right to use the Collection, not to own it, and the Company reserves and retains all rights not licensed hereunder.
3.2 Use of Materials: You may use the materials included in the Collection solely for your and your employees’ own personal or internal business purposes subject to all the restrictions in these Terms, including the specific restrictions in Section 2.2.
4. Refund Policy
No refunds shall be issued for any license fees paid to the Company.
5. Disclaimer of Warranties
THE COLLECTION IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
6. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND THEIR RESPECTIVE AFFILIATES HAVE NO LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE COLLECTION OR ITS CONTENT FOR (A) PERSONAL INJURY, MENTAL HEALTH INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF GOODWILL, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE LICENSE FEE PAID BY YOU FOR THE COLLECTION IN THE PRIOR TWELVE (12) MONTHS.
7. Limitation of Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE COLLECTION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
8. Termination
You may terminate use of the Collection at any time. If you fail to pay annual license fees after your initial year, then (a) all rights granted to you under these Terms and access to the Collection will also terminate, and (b) you must cease all use of the Collection and delete, return, or destroy, as the Company requests, any copies of any portion of the Collection then in your possession.
9. Advertising/Promotion
You authorize the use of your organization’s name and biographical material, likeness and testimonials from your officers and/or employees to be used in connection with advertising and promotion of the Collection by the Company as your authorized representative approves via email.
10. Governing Law and Jurisdiction
10.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of laws principles.
10.2 Jurisdiction: Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the federal and state courts in Columbus, Ohio.
11. Amendments
The Company reserves the right to modify, amend, or change these Terms at any time, with or without prior notice to you. Your continued use of the Collection after such modifications constitutes your acceptance of the amended Terms.
12. Entire Agreement
These Terms constitute the entire agreement between you and the Company regarding the license and use of the Collection and supersede all prior and contemporaneous agreements and understandings, whether written or oral.
If you have any questions or concerns regarding these Terms, please contact us at support@DEIinContext.com.
Patterns in American Racism, LLC
28 W Henderson Road, Columbus, Ohio 43214