License Agreement

BREATHECAST.COM – Permissions Policy

IMPORTANT INFORMATION: PLEASE READ THIS PERMISSIONS AND POLICIES CAREFULLY BEFORE DOWNLOADING OR CITING CONTENT FROM BREATHECAST.COM WEBSITE. WITH THE LIMITED EXCEPTIONS DESCRIBED ON THIS PAGE FOR CHURCH AND NON-PROFIT ORGANIZATION USERS, ALL USE OF BREATHECAST.COM CONTENT (TEXT, PHOTOGRAPHS, GRAPHICS, ETC.) REQUIRES THE PERMISSION OF BREATHECAST.COM.

Please be advised that when articles or photos are credited to a source other than BREATHEcast (such as Reuters or Associated Press), it is most likely that the credited source holds the right to the articles or photos. Please contact that source directly.

1. Non-Commercial Uses (Church and Non-Profit Organization Users)

  1. The portal for BREATHEcast is located at http://www.BREATHEcast.com/ (the “Website”). BREATHEcast invites churches and other non-profit organization visitors to use its online content (“Content”) for personal, educational and other non-commercial purposes.
  2. BREATHEcast welcomes churches and other non-profit organization visitors to make fair use of the Content as defined by copyright law. Information on United States copyright fair use law is available from the United States Copyright Office: http://www.copyright.gov/fls/fl102.html. Please note that you are responsible for determining whether your use is fair and for responding to any claims that may arise from your use.
  3. In addition, BREATHEcast allows personal, educational, and other non-commercial uses of the Content for churches and other non-profit organization visitors on the following terms:
    • You must cite the author and source of the Content as you would use from any printed work;
    • You must also cite and link to BREATHEcast Website as the source of the Content;
    • You may not remove any copyright, trademark, or other proprietary notices including attribution information, credits, and notices, that are placed in or near the text, images, or data; and
    • You must comply with all terms or restrictions other than copyright (such as trademark, publicity and privacy rights, or contractual restrictions) as may be specified in the metadata or as may otherwise apply to the Content.

2. Commercial Uses (including but not limited to profit company, media outlet and publish industry users)

  1. Permitted Use

    1. Quotes and Excerpts: Under certain circumstances, you can make direct quotes from BREATHEcast articles. The length of the quotes will determine whether further permission is required (limitations are described in details hereinafter). However, it is never permissible to selectively quote from articles in a manner that changes the meaning, to combine quotes to create a sentence, or take quotes out of context. If a large percentage of the publication consists of quotes from BREATHEcast articles, it may be considered infringement. Generally editing and adaptation of BREATHEcast Content is not permitted. Permission from BREATHEcast is required for use of article excerpts, without alteration to the intended meaning of the original text.
    2. Screen shot of http://www.BREATHEcast.com/ page: Permission from BREATHEcast is required to use a screen shot or other page image.
    3. Headlines and Summaries: You are permitted to create your own summaries and to use BREATHEcast headlines with links back to the articles located on http://www.BREATHEcast.com/.
    4. BREATHEcast Photograph: To obtain rights to republish or license a photograph, contact legal@cmcigroup.com
    5. Video, Interactive Graphic or Other Multimedia Feature: Please contact legal@cmcigroup.com to inquire about the availability of a specific feature. Not all features are available for reuse because of copyright issues related to various aspects of multimedia.

  2. Limitations on Permitted Use

    1. If you download, or cite no more than two (2) paragraphs of the Content from the Website for the permitted commercial uses, you can use the associated Content for free in compliance with the following conditions:
      1. You must cite the author and source of the Content as you would use from any published work;
      2. You must also cite and link to, when possible, BREATHEcast Website as the source of the Content;
      3. You may not remove any copyright, trademark, or other proprietary notices including attribution information, credits, and notices, that are placed in or near the text, images, or data; and
      4. You must comply with all terms or restrictions other than copyright (such as trademark, publicity and privacy rights, or contractual restrictions) as may be specified in the metadata or as may otherwise apply to the Content.
    2. If you download or cite more than 2 paragraphs of the Content from the Website for the permitted commercial uses, you shall pay content fees to BREATHEcast (the “Content Fee”). Please contact legal@cmcigroup.com for details on Content Fee Schedule.
    3. Content fees are subject to change, but any such change will take effect prospectively.

  3. Linking

    1. You can link directly to http://www.BREATHEcast.com/, to any page, section or article on the Website. Use the URL that is visible in the browser location/address bar when you view the article on our Website.
    2. If the page you are linking to opens within a frame, which makes BREATHEcast article look like it’s part of your website, it is not permissible. Please be careful when you link to BREATHEcast article, only the URL to http://www.BREATHEcast.com/ should be visible in the browser location/address bar.

3. Disclaimer

The Content is provided “as is” without a warranty of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular use, and/or non-infringement. BREATHEcast shall not be responsible or liable for any damage that may occur due to your downloading or citing any Content from the Website.

4. Reservation of Rights

BREATHEcast reserves the right to change these Permissions and Policies from time to time without notice; changes shall be effective upon posting. Please check back regularly for updates. Failure of BREATHEcast to enforce any of these terms shall not constitute a waiver of such terms.

5. Warranty and Indemnity

By downloading or citing Content from the Website, you represent and warrant that your use will be consistent with these Permissions and Policies, including fair use. You agree to indemnify, defend and hold BREATHEcast harmless from all claims, causes of action, allegations, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of the Content.

6. Applicable Law

This term of use will be governed by and construed in accordance with the laws of New York, without giving effect to its principles or rules of conflict of laws to the extent such principles or rules would require or permit the application of the laws of another jurisdiction.

7. Contact Information

If you have any further question about this Permissions and Policies, you may contact BREATHEcast at legal@breathecast.com