CharacterLeadsTM School and District Licensing Agreement
This Agreement sets forth the legally binding terms and conditions for your use of CharacterLeadsTM by KiDs Beach Club, Inc.® (“Licensor”) including the CharacterLeadsTM resource website, downloads, and all related materials (“Licensed Content”).
Upon Licensor approval and payment of all applicable fees (“Subscription”), subject to these terms and conditions, Licensor grants to the K-12 educational organization, such as a school or school district, identified in writing during the process of purchasing CharacterLeads TM (“Licensee”) a limited, non-exclusive license to reproduce, display, and/or distribute Licensed Content at Authorized Site(s) subject to the conditions of this agreement during the term indicated below. An Authorized Site is a school or other place of learning identified by Licensee during the purchase and approval process.
By purchasing this CharacterLeads TM Subscription, you affirm that you are an authorized representative of a K-12 school or district with the authority to enter into this Agreement. If you do not represent a school or district and you desire to use CharacterLeads TM then you must contact KiDs Beach Club, Inc.® to execute a separate Licensing Agreement.
Limited License
Licensee may at an Authorized Site:
- Publicly display CharacterLeads TM materials over the PA system and in-house monitors.
- Download Licensed Content and use an unlimited number of times by an unlimited number of educators during the Licensed Term.
- Post CharacterLeads TM character words, definitions and related icons to its website, marquee, and social media sites.
- Make unlimited number of printed copies for distribution to students, faculty, and staff.
- Make Licensed Content available for retrieval from an internal digital retrieval system that is not accessible to the public as long as Licensor ensures that any downloads of Licensed Content is made only by or for its Authorized Sites as listed in Subscription.
- Share Licensed Content with another school or organization not listed as an Authorized Site.
- Post Licensed Content on any public digital retrieval system, including social media and Licensee website(s), except as noted above.
- Copy the CharacterLeads TM videos for distribution of any kind except for the public display in a classroom or assembly at an Authorized Site.
- Distribute or reproduce Licensed Content as digital files except to transfer them for educators’ uses at an Authorized Site.
- Print, distribute, or display Licensed Content outside of an Authorized Site.
- Utilize Licensed Content in any manner for commercial purposes.
Licensor shall retain ownership and/or control of all intellectual property rights including but not limited to copyright, trademarks, and the names and likenesses of the participants contained in and related to Licensed Content.
Liability and Warranty Disclaimer
In no event shall Licensor, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for damages, direct or consequential, resulting from your use of Licensed Content. Licensor does not make any representations or warranties to Licensee, its employees, contractors, or anyone else affiliated with Licensee or its Authorized Sites. Licensed Content is provided as is without warranties of any kind, whether express or implied, including but not limited to fitness for a particular purpose, effectiveness of the content, or course of performance.
Term and Termination
The Term of this agreement is for 12 months beginning on the Effective Date, which is the date all applicable fees are paid and approval is granted by KiDs Beach Club, Inc.®. This Agreement may be terminated at any time for Cause. As used herein, “Cause” shall mean a material breach by a Party of its obligations under this Agreement if not cured within ten (10) days following written notice specifying such breach. All provisions which by their nature should survive the termination or expiration of this Agreement shall so survive. Upon the expiration of the Term or termination of this Agreement and any extension thereof, the Licensee shall discontinue all use of Licensed Content in connection therewith and destroy any copies (including all electronic copies) of Licensed Content it may have in its possession.
Laws and Forum
This Agreement shall be interpreted and construed in accordance with the laws of the State of Texas and the venue for this Agreement shall be in the County of Tarrant.©2021 KiDs Beach Club, Inc.® All Rights Reserved
CharacterLeads®, Beach Club®, and KiDs Beach Club® are registered trademarks of KiDs Beach Club, Inc.
KiDs Beach Club, Inc. is a 501c3 non-profit organization. PO Box 635, Euless, TX 76039. Main Office Phone 817-510-5885.