Terms of Service
Please read the entire Terms of Service to understand your rights and obligations in relation to the Agreement.
LICENSING / COPYRIGHT AGREEMENT
The videos and written content of this website including digital versatile discs (DVDs), digital video editions, digital magazines and eBooks and other works contained within are the legal property of Palmer/Pletsch and Palmer Pletsch Digital. By downloading, streaming, or otherwise viewing the content you agree to the terms set out in this Agreement.
In short, you may:
View the content on as many different platforms or viewing devices as you wish, provided that you are not modifying the output in any way, and that you are not benefitting commercially or broadcasting to a large audience (more than 3 persons at a time).
You may not:
- Watch concurrently on more than one device.
- Sell, rent or otherwise distribute the content without the prior permission of Palmer/Pletsch.
- Distribute the content via peer to peer networks, upload to public or private repositories, or copy for commercial gain.
- Share your personal login link with anyone else (including friends, family or co-workers). If we believe that others have accessed your account we will revoke access without notice.
Copyright Disclaimer:
- Some of the images used on this website, in its products and services and in the printed notes which accompany the video presentations are licensed under either the Creative Commons license, or considered in the public domain. Creative Commons work which requires attribution has been given in the source code of this website, inside printed and recorded media, and is current at the time of production.
- If you are the author or legal owner of the work used, and do not wish us to continue using it in this manner (under fair use), please contact us via email at: info@palmerpletsch.com. Your work will be removed from future use.
- Palmer/Pletsch Digital produces and distributes printed, recorded and digitally downloadable goods which may contain Copyright privileges held by the original owners. As such Palmer Pletsch acts in behalf of the original owners in protecting and preserving their original copyrights. Any Terms and Conditions specified or otherwise implied herein shall benefit the original Copyright owners as well.
LICENSING / COPYRIGHT – TERMS & CONDITIONS
1. Service
Palmer/Pletsch Digital offers downloads of digitized versions of audio recordings, video, artwork and information relating to such audio recordings, and other content (individually and collectively, “Digital Content”) and other services under the terms and conditions in the Terms of Use.
2. Digital Content
2.1 Rights Granted. Upon your payment of our fees for Digital Content, we grant you a non-exclusive, non-transferable right to use the Digital Content for your personal, educational, non-commercial, entertainment use, subject to and in accordance with the licensing agreement. You may stream, view, store a temporary copy of the Digital Content only for your personal, educational non-commercial, entertainment use, subject to and in accordance with the licensing agreement.
2.2 Restrictions. You represent, warrant and agree that you will use the Service only for your personal, educational non-commercial, entertainment use and not for any redistribution of the Digital Content or other use restricted in this Section 2.2. You agree not to infringe the rights of the Digital Content’s copyright owners and to comply with all applicable laws in your use of the Digital Content. Except as set forth in Section 2.1 above, you agree that you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license or otherwise transfer or use the Digital Content. You are not granted any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for the Digital Content. You acknowledge that the Digital Content embodies the intellectual property of a third party and is protected by law.
2.3 Explicit Content. You agree that we have no liability to you for Digital Content you find to be offensive, indecent or objectionable.
2.4 All Sales Final. All sales of Digital Content are final. We do not accept returns of Digital Content.
2.5 Viewing and Risk of Loss. Once you have purchased Digital Content, we encourage you to view it promptly and to make back-up copies of your account link information. You bear all risk of loss after purchase and for any loss of Digital Content, including any loss due to a computer or hard drive crash.
2.6 Availability of Digital Content. We may, from time to time, remove Digital Content from the Service with notification given. Digital Content that is scheduled for removal can be enjoyed online for a minimum of thirty (30) days from date of notification.
3. Reservation of Rights
Except for the rights explicitly granted to you in this Agreement, all right, title and interest in the Service, the Software and the Digital Content are reserved and retained by us and our licensors. You do not acquire any ownership rights in the Software or Digital Content as a result of purchasing Software or Digital Content.
4. Territorial Restrictions.
There are no territorial restrictions on downloading, streaming and viewing content unless otherwise provided on the product page and in your purchase receipt.
5. General
5.1 Damages Cap. Without limiting the Disclaimer of Warranties and Limitation of Liability, (i) in no event shall our or our total liability to you for all damages arising out of or related to your use or inability to use the physical or digital content exceed the amount of your original purchase price or Fifty U.S. Dollars ($50.00), whichever is greater; and (ii) in no event shall our or our Digital Content providers total liability to you for all damages arising from your use of the Service, the Digital Content, or information, materials or products included on or otherwise made available to you through the Service exceed the amount you paid to purchase, on the Service, the Digital Content related to your claim for damages. These limitations will apply to you even if the remedies fail of their essential purpose.
5.2 Termination, Amendments. Your rights under this Agreement will automatically terminate without notice from us if you fail to comply with any of its terms. We may immediately revoke your access to the Service without notice to you and without refund of any fees. In case of such termination, you must cease all use of the Digital Content. Our failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of our rights. We may amend any of this Agreement’s terms at our sole discretion by posting the revised terms on the website and in various email links such as purchase receipts. Your continued use of the Digital Content after any such amendment’s effective date evidences your agreement to be bound by it.
5.3 Third Party Beneficiaries. Digital Content copyright owners are intended third-party beneficiaries under the Terms of Use and may enforce the Terms of Use against you and invoke all rights hereunder including limitations of liability.
5.4 Law and Jurisdiction. This Agreement will be interpreted and enforced in accordance with the laws of the United States of America, the laws of the State of Washington, and Palmer/Pletsch Digital. Your acceptance of our Terms of Service constitute an agreement to submit to the non-exclusive jurisdiction of the courts of the United States of America and the State of Washington.
