Last Modified: 4/15/21
Summary: These terms apply to developers who use the Digital Bible Platform API for their applications. If you are a user of one of those apps, see the terms of the DBP T&Cs.
This API License Agreement (this “Agreement”) is a binding contract between you (“you” or “your”) and Hosanna, d/b/a Faith Comes By Hearing, a New Mexico nonprofit corporation with offices located at 2421 Aztec Road NE, Albuquerque, New Mexico (“FCBH”, “we” or “us”). This Agreement governs your access to and use of the application programming interface described below and provides important information about your and FCHB’s legal rights. We have developed an API that we wish to make available to developers looking to bring the Bible (through the API) to a wider audience under these terms.
Summary: This section provides the definitions for several capitalized terms that are used in this Agreement.
“API” means the application programming interface of DBP and any related documentation, source code, executable applications, and other materials that we make available to you for such application programming interface through the https://www.digitalbibleplatform.com/developer-documentation webpage (the “API Site”), including any Updates.
“API Key” means the security key we grant to you to access the API.
“End User” means the end users of Your Application, other than members of your workforce.
“DBP Content” means the text, photographic, audio, translation, and video Bible content that we make available through the API at https://www.digitalbibleplatform.com/available-content, as updated from time to time. We may vary the type and amount of DBP Content that we make available at our discretion.
“FCBH Marks” means our proprietary trademarks, trade names, branding, or logos made available for use in connection with the API pursuant to this Agreement.
“DBP” means FCBH’s digital bible platform technology and application software made available by FCBH on a hosted basis, as listed and described at https://www.digitalbibleplatform.com/available-content.
“DBP T&Cs” means the DBP Terms and Conditions located at https://www.digitalbibleplatform.com/terms-conditions, as updated from time to time.
“Updates” means any updates, bug fixes, patches, or other error corrections to the API that we make generally available free of charge to all licensees of the API.
“Your Application” means the software application that you developed that permits a third party to send and receive data between DBP and third party devices through the API, whether developed by you before or after the date you enter into this Agreement.
Summary: FCBH provides you with rights to use the API for certain purposes. This section explains those rights. It also explains the guiding principles that you must follow when using the API or making DBP available through the API.
Authorized Use. Once you have been assigned an API Key, subject to the other terms of this Agreement, we hereby grant you (and only you) with a limited, revocable, non-exclusive, non-transferable, non-sublicensable license during the term of this Agreement to access the API through the API Site, solely for the purpose of using the API to internally develop Your Application that will communicate and interoperate with DBP in order for End Users to obtain access to DBP Content.
API Key. Before you may access or use the API, you must (a) provide us with your name, email, a description of your intended use and purpose for the API, and such other information we may request, and (b) request an API Key from us. We may approve or deny your API Key request at our sole discretion. You may not share your API Key with any other person and may only use the API through your assigned API Key. We may assign to you a different API Key than what we assign to other API users (at our discretion). The API Key may be revoked or limited by us at any time.
Guidelines. You may only use the API only if:
Reservation of Rights. We reserve all rights not expressly granted to you in this Agreement, including without limitation all rights in and to DBP, FCBH Marks, and DBP Content (on behalf of us, our Content Licensors, and our other licensors).
3. Your Responsibilities Regarding Uses of Intellectual Property.
Summary: This section describes the relationship between you and End Users. It also explains the ownership and treatment of some of our intellectual property rights.
Responsibility for Uses. You are responsible for all direct and indirect uses of the API as well as DBP and DBP Content accessed through Your Application. This includes, without limitation, the acts and omissions of End Users of Your Application and their access to DBP and DBP Content. Any action by an End User that would have been a breach of this Agreement by you, will be deemed to be your breach of this Agreement. You shall be responsible for End Users’ use of Your Application, DBP, and DBP Content, and shall:
Safeguarding IP. You agree that the API, DBP, and DBP Content (and all intellectual property rights in such items) belong solely to us and our licensors. You shall safeguard the API and all copies of the API (and all other intellectual property that we make available to you including without limitation the FCBH Marks) from infringement, misappropriation, theft, misuse, or unauthorized access. If you become aware of any activity that infringes on the intellectual property rights of any person (including us) you must promptly notify us of the activity and will fully cooperate with us in any legal action that we take to protect such intellectual property rights.
Developments to API. If you or any of your employees, contractors, agents, or End Users sends or transmits any communications or materials to us suggesting or recommending changes to the API or DBP (such as new features or functionality, or any comments, questions, suggestions, or the like (“Feedback”)), all such Feedback is non-confidential. You hereby assign to us on your behalf, and on behalf of your employees, contractors, agents, and End Users all right, title, and interest in such Feedback. We may, but are not required to, use without any attribution or compensation to you or any other person, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever.
4. End User Terms; DBP Content.
Summary: This section provides greater detail about the interplay between End Users and the DBP Content. It explains the process that must be followed for allowing access to DBP Content and safeguards that should be adopted by you for the DBP Content, as well as certain additional terms that may apply for third party applications.
End User Terms. We are not providing you with a license or right to DBP Content; however, End Users may be permitted to use portions of DBP Content by virtue of their use of DBP through your Application, but only if all copyright information from the corresponding Content Licensors is readily accessible to them (for instance, via a clickable “Copyrighted Material – LEARN MORE” button at the bottom of each chapter of the Content Licensor’s Bible version), subject to any restrictions set out in any Content Licensors’ license agreements with us, and so long as you provide a copy of the DBP T&Cs to End Users at the time you make such access available. No DBP Content may be downloaded or made available for offline use by any person or outside of DBP except for DBP Content that is specifically marked as permitted for download within the API by FCBH (the “Limited Content Use”).
Third Party Websites. If Your Application is made available through a third-party website or store, Your Application must allow End Users to access DBP in its current hosted environment, as maintained by FCBH.
DBP Content and Features. Upon request, you will provide us with a user account for Your Application that reflects the same type of usage you make generally available to other End Users (the “FCBH Account”). You will keep the FCHB Account live at all times during the term of this Agreement. In some cases, we allow our licensees to share or have access to subsets of DBP Content beyond what is permitted by the other terms of this Agreement, but only once we have executed a separate approved sharing addendum with such licensee on terms acceptable to us (an “Approved Sharing Addendum”). If you execute an Approved Sharing Addendum with us, then you may also allow access to DBP Content listed in the Approved Sharing Addendum in the manner permitted by the Approved Sharing Addendum (and such additional use shall also constitute “Limited Content Use” for the purposes of this Agreement). Except with respect to the Limited Content Use, Your Application shall not allow End Users to reproduce, copy, or replicate any DBP Content. Any Limited Content Use may be further limited or revoked by FCBH at any time upon written notice to you.
Gospel Film. The terms set forth in this subsection apply to the portion of DBP Content that constitutes the Gospel Films and LUMO Films (as may be more particularly described at https://www.faithcomesbyhearing.com/audio-bible-resources/gospel-films) and the corresponding intellectual property rights therein (the “Films”). You acknowledge and agree that the Films have been provided to us by our Content Licensors with additional restrictions, namely that the Films be provided solely for ministry and religious and charitable purposes, and not for commercial use. You and End Users may not download the Films; however, End Users may stream the Films through your Application, in accordance with our Content Licensors’ license agreements with us, and so long as you provide a copy of our DBP T&Cs to End Users and agree to the following notice and scope of use restrictions:
Disclaimer: Faith Comes By Hearing (FCBH) has generously received permission to make the Films available for ministry use. The Films may only be used for non-commercial, religious, and charitable purposes solely by End Users, as follows:
For use in the USA, its Territories & Canada
The Films can be displayed in any online, social media (free of advertising), or streaming format when segmented in clips of 10 minutes or less.
The full-length Films may be shown publicly to a live audience as long as it is on the premises of a church, educational institution, or prison. The showing may not be digitally live-streamed.
Broadcast is not permitted.
The films may not be used to appeal for money.
For use outside the USA, its Territories & Canada
The Films can be displayed in any online, social media (free of advertising), or streaming format which can block access to the USA, its Territories and Canada or segmented in clips of 10 minutes or less.
The full-length Films may be shown publicly to a live audience. The showing may not be digitally live-streamed.
Broadcast rights are subject to another agreement. Please contact FCBH for details.
The films may not be used to appeal for money.
Failure to comply with these restrictions can expose you to liability and legal action from entities entitled to pursue such action. By accessing any FCBH-related content or links to these Films, you acknowledge acceptance of these terms and agree to display the corresponding copyright statements as displayed with or on the video format you receive. The Films may be segmented as long as the Scriptural integrity is upheld. The access End Users receive is for the End Users’ access only and is not to be shared.
Translation Restrictions. One or more of our licensors of translations and versions of DBP Content restrict us from distributing or providing access to such DBP Content to or through development partners, distribution partners, and sublicensees. Therefore, you agree that we may freely remove, restrict, or limit access to all or any part of DBP Content at any time without liability to you.
Upstream Licenses. All or part of DBP may contain one or more third party applications licensed to us by third parties (“Third Party Applications”). Therefore, you agree that any license or right to DBP granted to you or an End User under this Agreement are expressly conditioned upon, and subject to, any use restrictions set forth in any such third parties’ terms and conditions, including without limitation the terms and conditions located at https://www.digitalbibleplatform.com/third-party (collectively, the “Upstream Terms”). You agree to comply with the Upstream Terms at all times while using the API.
5. Support; Updates.
Summary: The API is provided without support or updates, except for updates we elect to provide from time to time.
This Agreement does not entitle you to any support for the API. We may periodically provide you with Updates, each of which will be a part of the API and are subject to the terms of this Agreement. We may also require you to obtain and use the most recent version of the API. Updates may adversely affect how Your Applications communicate with DBP. You are required to make any changes to Your Applications that are necessary for integration as a result of such Update at your sole cost and expense.
Summary: The API is provided without charge.
No license fees or other payments will be due under this Agreement in exchange for the license granted by us to you for the API in Section 2. You acknowledge and agree that this fee arrangement is made in consideration of the mutual covenants set forth in this Agreement, including, without limitation, the disclaimers, exclusions, and limitations of liability but shall in no way be interpreted as a limitation on any remedy or damages available to us.
7. Confidential Information.
Summary: This section describes the type of information we consider confidential and our expectations for how you will treat our confidential information.
As part of our working relationship, we may disclose or make available to you information about our business affairs, products, confidential intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information, in any number of ways or forms (e.g. orally, in writing, electronic or other form or media, and whether or not marked, designated, or otherwise identified as “confidential”) (collectively, “Confidential Information”). Confidential Information does not include information that, at the time of disclosure is: (a) in the public domain; (b) known to you at the time of disclosure; (c) rightfully obtained by you on a non-confidential basis from a third party to this Agreement; or (d) independently developed by you without reliance or reference to our Confidential Information. You agree not to disclose our Confidential Information to any person or entity, except to your employees who have a need to know the Confidential Information for you to exercise your legal rights or perform your obligations under this Agreement. You may disclose Confidential Information to the extent required (i) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that you first have given written notice to us and made a reasonable effort to obtain a protective order; or (ii) to establish your legal rights under this Agreement, including to make required court filings. On the expiration or termination of this Agreement, you shall promptly return to us all copies (in any form) of our Confidential Information, or with our permission destroy all such copies and certify in writing to us that such Confidential Information has been destroyed. Your obligations of non-disclosure under this Section 7 shall survive termination of this Agreement and for avoidance of doubt, you agree that all Confidential Information that constitutes a trade secret (as determined under applicable law), that your obligations of non-disclosure will survive the termination or expiration of this Agreement for as long as such Confidential Information remains subject to trade secret protection under applicable law.
8. Collection and Use of Information.
Summary: This section describes what we do with personal information gathered through the API or DBP.
9. Liability; Warranties; Indemnity.
Summary: We work hard to provide a good experience to our development partners, but we’re not able to guarantee that things will always work perfectly. The API is offered “as-is” and “as available” without guarantees. This section also describes what happens if we incur liability because of something you did. We hope that never happens, but if it does you agree to defend us against liability.
Disclaimer of Warranties. THE API IS PROVIDED “AS IS” AND “AS AVAILABLE”. FCBH SPECIFICALLY DISCLAIMS WITH RESPECT TO THE API, DBP, FCBH MARKS, AND DBP CONTENT (a) ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE; (b) ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; AND (c) ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. FCBH MAKES NO WARRANTY OF ANY KIND THAT THE API, DBP, FCBH MARKS, AND DBP CONTENT, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET YOUR OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH YOUR APPLICATION OR ANY OTHER SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
Indemnification. You agree to indemnify, defend, and hold harmless FCBH and our officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to (a) your use or misuse of the API or FCBH Marks; (b) your breach of this Agreement; (c) any End User claims of any kind or nature; and (d) Your Applications, including any End User’s use thereof. We reserve the right, in our sole discretion, to assume full control of the defense of claims with legal counsel of our choice. You may not enter into any third-party agreement that would, in any manner whatsoever, constitute an admission of fault by us or bind us in any manner, without our prior written consent.
Limitations of Liability. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL FCBH BE LIABLE TO YOU, END USERS, OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR (a) ANY LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE API; OR (b) ANY DAMAGES, IN THE AGGREGATE, IN EXCESS OF ONE THOUSAND AND NO/100 USD ($1,000.00) EVEN IF FCBH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE OR FCBH WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM.
10. Term and Termination.
Summary: This section explains the duration of the Agreement and what happens when the Agreement terminates.
Term. The initial term of this Agreement begins on the earlier of when you access the API or acknowledge your acceptance of this Agreement by clicking “I ACCEPT” or “I AGREE” and will continue in effect until terminated in accordance with this Section 10. We may immediately terminate or suspend this Agreement and any rights granted under this Agreement at any time and for any reason by providing notice to you or revoking access to the API or API Key. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms of this Agreement. You may terminate this Agreement at any time upon thirty (30) days prior written notice to us.
Effect of Expiration or Termination. Upon expiration or termination of this Agreement for any reason, all licenses and rights granted to you under this Agreement will also terminate and you must cease using, destroy, and permanently erase from all devices and systems you directly or indirectly control all copies of the API and FCBH Marks.
Survival. Any terms that by their nature are intended to continue beyond the termination or expiration of this Agreement will survive termination; provided, that nothing in this subsection shall be construed as to providing you with an ongoing license or any rights to the API, FCBH’s Confidential Information or intellectual property rights, DBP, DBP Content, or the FCBH Marks after termination of this Agreement.
11. Dispute Resolution.
Summary: This section explains the procedures we will follow if there is a dispute under this Agreement.
Any claim, controversy, or dispute arising from this Agreement shall first be identified in reasonable detail by the objecting Party in written notice to the other Party. The Parties shall then have fifteen (15) days to consult and negotiate with each other in good faith for a resolution to the claim, controversy, or dispute (the “Negotiation Period”). If the Parties are unable to find a mutual resolution during the Negotiation Period either party may, upon written notice to the other party, require the claim, controversy, or dispute to be moved to binding and confidential Christian arbitration before a panel of arbitrators reasonably acceptable to FCBH. The arbitration shall take place at a location mutually acceptable to the parties.
Summary: This section contains all the “boilerplate” legal stuff our attorneys require us to include.
Entire Agreement. This Agreement, together with any other documents incorporated herein by reference, constitutes the sole and entire agreement of us with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings, agreements, and representations and warranties, both written and oral, with respect to such subject matter. The invalidity, illegality, or unenforceability of any provision of this Agreement does not affect any other provision of this Agreement or the validity, legality, or enforceability of such provision in any other jurisdiction. Any failure to act by us with respect to a breach of this Agreement by you or others does not constitute a waiver and will not limit our rights with respect to such breach or any subsequent breaches. This Agreement is personal to you and may not be assigned for any reason whatsoever without our prior written consent and any action or conduct in violation of the foregoing will be void and without effect. We reserve the right to assign our rights and delegate our obligations under this Agreement.
Modifications. You acknowledge and agree that we have the right, in our sole discretion, to modify this Agreement from time to time. You will be responsible for reviewing and becoming familiar with any such modifications. However, any changes to the dispute resolution provisions set out in Section 11 will not apply to any disputes for which you have actual notice of on or before the date the modification is made available to you.
Notices. Any notices, agreements, disclosures, and other communications that we send to you electronically will satisfy any legal communication requirements (including that such communications be in writing). Any notices to us must be sent to the following email address: email@example.com.
Governing Law and Jurisdiction. This agreement is governed by and construed in accordance with the internal laws of the State of New Mexico without giving effect to any choice of conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of New Mexico. Except as set forth in Section 11, any legal suit, action, or proceeding arising out of or related to this agreement or the licenses granted hereunder will be instituted exclusively in the federal courts of the United States or the courts of the State of New Mexico in each case located in the city of Albuquerque and County of Bernalillo, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
Export Regulation. The API may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the API to, or make the API accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable laws and regulations and obtain all necessary export license and other governmental approvals prior to exporting, re-exporting, releasing, or otherwise making the API available outside the US.
Equitable Relief. You acknowledge and agree that a breach or threatened breach by you of any of your obligations under Sections 2, 3, 4, or 7 would cause us irreparable harm for which monetary damages would not be an adequate remedy and agree that, in such case we will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. These remedies will not be exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
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