Terms of Service

STREAMING LICENSE

Introduction & Definitions

This Agreement is by and between Tuesday Conner and the person(s) and/or organization acquiring the Product(s) for the benefit of the institution at which such person is employed (such organization is the “Institution” and such person is “You” or “Your”). Tuesday Conner and You (on behalf of Yourself and the Institution) hereby agree as follows:

Tuesday Conner streams Content to Institutions (universities, schools, libraries, and other education institutions), which use such Content for viewing purposes only within their institution. Tuesday Conner’s online digital video Content for which licenses are available for purchase are provided by Tuesday Conner via the online platform Website at Young & Na!ve. When an order is received from You (via mail, email, online purchase request / Order Form, phone, fax, or otherwise), Tuesday Conner will generate an invoice and send it to You, and such invoice is an “Order” hereunder. Access will be given to the Content via a URL, which will be designated by Tuesday Conner and notified to you, following receipt payment of the Order (“URL”).

Acceptance of Terms

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before placing your order.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

Grant of Rights

Subject to the terms and conditions of this Agreement, for the applicable Subscription Term, and subject to full payment of the Price, Tuesday Conner grants to you a nonexclusive, nontransferable, limited license, without right of sublicense, to access and exhibit the Content on a streaming-only basis via the URL and through Tuesday Conner ’s search and retrieval software only in the Territory to the Authorized Users for the Authorized Use and in compliance with all applicable laws in the Territory. “Authorized Users” means the Institution’s currently enrolled students, employees, faculty, staff, affiliated researchers, distance learners, authorized attendees at educational classes hosted by the Institution, and visiting scholars authorized to view the Content including by remote access through an authentication (proxy) server that guarantees access only by Authorized Users. “Authorized Use” means real-time viewing of a digital transmission, for educational purposes only.

All rights granted to you under this TOS are subject to your compliance with the TOS and may only be exercised for your non-commercial educational use. You are prohibited from screening or streaming the materials for commercial and/or monetary gain, i.e. a public presentation of the materials shall not require entrance fees or be used for the purpose of fund raising.

User Conduct

Tuesday Conner reserves all rights not granted herein. You shall not, and shall not permit any third party to: (a) copy, store, upload or download, or otherwise reproduce the Content or the software or systems supporting the Content (collectively, the “Tuesday Conner IP”); (b) use the license to access Content for which a subscription has not been purchased; or (c) decompile or reverse engineer, reverse compile, disassemble, or access the source code for, stream capture, archive, download, broadcast, transmit, retransmit, circumvent content protections of, scrape, use any data mining, data gathering or extraction method on, modify or create a derivative work of, remove, obscure, or modify copyright notices for, sell, rent, lease, loan, market, distribute, commercially exploit, transfer, assign, or sublicense, recreate, display (except as permitted), perform, post, use, replicate, frame, mirror, disclose, publish, or translate the Tuesday Conner IP, or any component thereof.

Required Information

Our system works through IP authentication. Users coming from home / off-campus will have to login to your school’s proxy server / VPN before being able to stream. In order to supply you with our services, we will first ask for certain technical details.

Terms of Payment

The Institution shall pay the consideration as specified on the applicable Order for the license to the Content during each Subscription Term (“Price”). The Price shall be paid prior to supply of Content and as a condition thereto. Price, fees and charges may change periodically, and Content may cease to be available for renewal in subsequent Subscription Terms. The Price is exclusive of all taxes, which are Your responsibility. You are responsible for all Internet / wireless access charges. Payment for receipt constitutes an agreement to Terms of Service.

License Period

The license period commences at the time the film is given access and for the duration specified in the invoice. At the end of this time, the film will no longer be available to you, unless you request and pay for a renewal in advance.

Modifications to the Service

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 14 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Term of Agreement

This Agreement will commence on the date the Order is placed (the “Effective Date”) and will remain in effect until terminated by Tuesday Conner or You in accordance with this Agreement. License for Content is valid for the applicable Subscription Term, unless earlier terminated.

Last updated: January 2021

If you have any questions about these Terms, please contact us.

PUBLIC PERFORMANCE RIGHTS LICENSE

Agreement between Tuesday Conner (“TC”) and the Institution named on the Invoice (thereinafter referred to as the “Licensor”), stating the terms that govern the use of this Public Performance Rights License Agreement (“Agreement”), wherein FP grants Licensor and Licensor accepts from TC the limited license to use the Film(s) named on the Invoice (thereinafter referred to as the “Film(s)”) for the life of the relevant DVD copy or the digital copy of the film delivered by a link, in accordance with the following terms and conditions. Licensor agrees to the following terms and conditions by accepting delivery of any Film(s) copy.

RIGHTS: TC hereby grants to Licensor the right to: include the Film(s) in Licensor’s public library to its authorized users and/or card-holders for the purposes of research, education, or other non-commercial or non-performance use for student, staff and faculty or any additional authorized users. The rights contained herein are non-transferable. Sub-licensing, subleasing, duplicating, digitizing, renting, selling or any other act not expressly permitted in this Agreement is prohibited. The Film may not be exhibited to an admission paying audience.

PAYMENTS AND DELIVERY: In accordance with the shipping options provided in the Invoice, TC shall deliver the Film to Licensor in a timely manner (subject to prior payment). The Film shall be deemed in satisfactory condition for exhibition unless Licensor, after inspection thereof notifies TC to the contrary within seven (7) business days of receipt of the Film, specifying the nature of the defect. TC shall not be in breach of the Agreement for failure to deliver any of the Film in the designated date and shall not be liable for incidental or consequential damages. Payment shall be made to TC electronically and Licensor acknowledges that delivery to Licensor shall occur only upon actual receipt by TC of payment in full. Payment for receipt will constitute an agreement to license conditions.

LIMITATION OF LIABILITY: In the event that the Film delivered is defective in any way as per Paragraph 2, TC shall be solely liable to replace such Film in a timely manner. TC shall have no other obligations and/or liabilities to Licensor.

DEFAULT: In the event of Licensor’s default hereunder, in addition to other remedies: (a) Licensor shall immediately cease any use of the Film; and/or (b) TC may refuse to take any further orders from Licensor and may refuse to make further shipment of Film to Licensor; and/or (c) Licensor agrees to pay FP damages, costs and expenses (including loss of profits) and any collection costs connected thereto, including the attorney’s fees, and not less than the actual legal costs and attorney’s fees incurred by TC.

ASSIGNMENT: This Agreement shall not be assignable by Licensor.

COMPLETE AGREEMENT: This Agreement constitutes the entire agreement between the parties regarding the matters hereunder. This Agreement shall be construed in accordance with, and shall be in all respects, governed by the laws of the State of California. Any dispute arising from or connected to this Agreement or its termination or violation shall be subject to the jurisdiction of the District Court of California and no other law nor jurisdiction shall apply. By accepting delivery of the Film(s), Licensor acknowledges that it has read this Agreement, understood its terms and conditions, and has voluntarily accepted its provisions.

If you have any questions about these Terms, please contact us.