Permission Standard Terms and Conditions
Last updated: January 7, 2022
1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
BY SUBMITTING A PERMISSION REQUEST FORM TO MOODY PUBLISHERS, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE PERMISSION STANDARD TERMS AND CONDITIONS (“TERMS”). YOU AFFIRM THAT IF YOU SUBMIT A PERMISSION REQUEST FORM ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS. YOU AND SUCH ORGANIZATION SHALL BE REFERRED TO HEREIN AS “YOU” OR “YOUR”, AS APPLICABLE.
YOU MAY NOT SUBMIT A PERMISSION REQUEST FORM TO THIS SITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH MOODY PUBLISHERS, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF THIS SITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW OR OTHER SITE TERMS.
These Terms apply to and are incorporated by reference into any permission granted by email or other written correspondence (a “Permission Grant”) from The Moody Bible Institute of Chicago d/b/a Moody Publishers and/or Northfield Publishing (“Moody Publishers”, “We”, “Us”, or “Our”), an Illinois not-for-profit corporation located at 820 N. LaSalle Blvd., Chicago, IL 60610, in response to a Permission Request Form submitted to the Moody Publishers website (the “Site”), unless after submission of the Permission Request Form, You and Moody Publishers enter a separate written agreement concerning the Permission Request Form signed by each parties’ authorized representatives. The Permission Grant, Permission Request Form, and these Terms are collectively referred to as this “Agreement”, which Agreement is effective as of the later of the effective date identified in the Permission Grant or the date of transmission of the Permission Grant (the “Effective Date”). You and Us are collectively referred to herein as “Parties.”
These Terms are subject to change by Moody Publishers without prior written notice at any time, in Our sole discretion. Any changes to the Terms will be in effect as of the "Last Updated Date" referenced on the Site. You should review these Terms prior to submitting a Permission Request Form through this Site. Your continued use of this Site after the "Last Updated Date" will constitute Your acceptance of and agreement to such changes.
In the event of a conflict between these Terms, the Permission Grant, and the Permission Request Form, these Terms shall prevail, followed by the Permission Grant, and then the Permission Request Form.
In consideration of the promotional and other intangible value the Parties will receive from entering this Agreement and the mutual promises contained in this Agreement, including the foregoing recitals incorporated by reference into this Agreement, and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows.
2. License Grant and Term
We grant You for the Term (defined below), a non-exclusive, non-assignable, non-transferable, non-sublicenseable, limited license in the “Territory” identified in the Permission Grant (the “Permission”) to use the Moody Publishers book or product identified in the Permission Request Form (the “Work”), by the author(s) identified in the Permission Request Form (the “Author(s)”), only to the extent described in Your Permission Request Form, subject to these Terms and any additional limitations in the Permission Grant.
The “Term” of the License shall be for the limited duration identified in the Permission Grant. Notwithstanding the foregoing or any terms herein to the contrary, We may revoke the License and terminate the Agreement at any time for any reason in Our sole discretion upon thirty days’ notice to You using the contact information You provided in Your Permission Request Form. In addition, the Term shall automatically end and all rights granted herein shall automatically be returned to Us if at any time (i) You print, publish, distribute, disseminate, display, or otherwise use the Work in any manner not described in the Permission Request Form and/or not permitted by the Agreement, or (ii) You stop using the content from the Work for a period of six (6) months or more.
Except for the limited licenses expressly granted in the Agreement, nothing herein grants You or any third party any other right, title or interest in the Work or any embedded text or cover art of the Work. Permission for use of embedded text or cover art for the Work must be obtained by separate written agreement.
3. Copyright Notices
By using the Work, You agree to provide appropriate copyright notices applicable to the Work in the manner described in the Permission Grant, or if none is provided there, as identified in Your Permission Request Form. If no notice is identified in either the Permission Grant or the Permission Request Form, You should include notice in the following form:
“Excerpts from [Book Title], copyright ©[Applicable Years], by [Author Name] are used with permission from the publisher. The foregoing book was first published in the United States by [identify Moody Publishers/Northfield Publishing, as applicable].”
4. Accuracy, Quality, and Integrity of the Work
You agree to correctly and accurately identify the title of the Work and to use any excerpts or content from the Work in a manner that is consistent with its original context and does not alter or change its original meaning. We reserve the right to require revisions to Your use of the Work and/or to require You to cease publication and/or distribution of content from the Work if at any time We determine, in Our sole discretion, that Your use of the Work is inaccurate, of poor quality, includes unauthorized modifications (including any use that modifies the original meaning of the Work) or any other addition to the Work not identified in the Agreement, or that it degrades or damages Our public reputation.
Upon Our request, You agree to provide Us a reasonable opportunity to review and approve Your use of the Work prior to such use.
5. Your Representations, Warranties, and Other Commitments
You represent, warrant and agree:(i) to comply with all applicable laws, rules and regulations and take all necessary measures, including, without limitation, any action We request, to protect Our or the Author(s)’s interests in the copyright of the Work and Your material under all applicable domestic and international copyright laws and conventions; (ii) not to assign, sublicense or transfer this Agreement, the License or any of the rights, interests or obligations herein to any third party without Our prior written consent, nor include the Work in material using any imprint other than Your own or that identified in the Permission Request Form; (iii) that Your material will not infringe or misappropriate any intellectual property right or other right of any third party nor contain any libelous, unlawful or defamatory material; (iv) not to alter, abridge, serialize, syndicate, supplement, or otherwise modify the Work in Your material except as and only to the extent expressly permitted by this Agreement; and (v) upon Our request and at Your expense, to send us a reasonable number of requested copies of Your use of the Work.
6. Ownership of the Work
You agree that We and/or Author(s) (as applicable) is/are the sole and exclusive owner(s) of the Work and any excerpts in or content from the Work (“Work Excerpt(s)”), including, without limitation, all copyrights therein. You agree that You have no ownership or other rights to the Work or Work Excerpt(s). To the extent that You are deemed to own or acquire any rights in the Work or Work Excerpt(s) as a result of this Agreement, You hereby irrevocably grants and assigns to Us all rights of every kind and nature in and to the Work and Work Excerpt(s) and all copyrights for the Work and Work Excerpt(s) in the United States or any other jurisdiction.
7. Indemnification; Liability
You shall indemnify, defend and hold harmless Author, Us, and Our officers, trustees and agents from all losses, costs and liabilities (including reasonable attorney fees) arising out of a breach or alleged breach of this Agreement and/or publication of Our Work in Your material. You agree that we will also be entitled to recover from You Our actual attorneys’ fees and costs incurred in enforcing this Agreement. You agree Our total liability under this Agreement shall not exceed the greater of the amount of royalties received under this Agreement in the twelve (12) month period immediately preceding the event causing the liability or one hundred dollars ($100).
(i) A determination by a court of competent jurisdiction that any provision of this Agreement is invalid or unenforceable shall not affect the validity or enforceability of any other part of this Agreement.
(ii) You shall immediately notify Us in writing of any actual, suspected or threatened infringement or misappropriation of, or legal action related to, the Work. In such event, We shall decide, in Our sole discretion, what action if any to take, shall have exclusive control over all claims, and shall be entitled to retain all sums recovered in any action, and You shall provide Us all assistance We request.
(iii) The Parties hereto agree that Your electronic submission of the Permission Request Form and/or other electronic transmission of Your acceptance shall have the same force and effect as delivery of an original signature on this Agreement.
(iv) Any failure by either Party to enforce at any time any of the provisions of this Agreement shall not be construed to be a waiver of such provisions or of the right to enforce such provision thereafter.
(v) This Agreement contains the entire agreement between the Parties and supersedes all previous agreements between them related to the subject matter of this Agreement. No other representations, promises, conditions, warranties or understandings, whether expressed or implied, shall be binding upon either Party, and no provision of this Agreement may be waived, altered or amended except by a writing signed by both Parties that specifically identifies the section of this Agreement to be waived, altered or amended.
(vii) This Agreement is deemed to be made in the City of Chicago, State of Illinois, USA and will be governed by and constructed in accordance with the laws of the State of Illinois without regard to conflicts of law principles. The Parties further stipulate to the exclusive jurisdiction in personam and venue of the Federal and State courts located in the City of Chicago, County of Cook, State of Illinois with respect to all disputes arising pursuant to this Agreement.
(viii) Any rights or obligations of the parties in this Agreement which, by their nature, should survive termination or expiration of this Agreement will survive any such termination or expiration.
9. Terms Applicable to Your Use of Any LOVE LANGUAGE Marks.
We are the longtime publisher of the New York Times bestselling book The 5 Love Languages, by Dr. Gary Chapman, and are the owner of the registered and well-known LOVE LANGUAGE trademarks (the “LOVE LANGUAGE Marks”), which are used in connection with a wide variety of relationship-related goods and services. These marks include but are not limited to LOVE LANGUAGE, LOVE LANGUAGES, THE 5 LOVE LANGUAGES, THE FIVE LOVE LANGUAGES, THE 5 LOVE LANGUAGES OF CHILDREN, THE 5 LOVE LANGUAGES FOR MEN, THE 5 LOVE LANGUAGES MILITARY EDITION, GOD SPEAKS YOUR LOVE LANGUAGE, THE 5 LANGUAGES OF APPRECIATION IN THE WORKPLACE, THE 5 LOVE LANGUAGES: SINGLE EDITION, LEARN YOUR LOVE LANGUAGE, A LOVE LANGUAGE MINUTE, THE 5 LOVE LANGUAGES OF TEENAGERS, the A LOVE LANGUAGE RESOURCE button, ACTS OF SERVICE, QUALITY TIME, PHYSICAL TOUCH, WORDS OF AFFIRMATION, RECEIVING GIFTS, and the LOVE NUDGE mobile app.
You agree that you will not use any of the LOVE LANGUAGE Marks except as expressly permitted in writing by Moody Publishers, and You agree that any permitted use shall be subject to the following terms:
(i). Limitations on Trademark Use.
(a) You shall not use any LOVE LANGUAGE Marks or any other confusingly similar mark containing the elements “LOVE” and “LANGUAGE,” or a variation or derivation thereof, other than as specifically authorized under this Agreement.
(b) You acknowledge and agree never to use any of our registered or common law marks, including any LOVE LANGUAGE Marks in any spoken commentary or written material without the closing phrase “a trademark of The Moody Bible Institute of Chicago.”
(c) You hereby agree never to attempt, regardless of intent, to create common law rights in or apply to register the LOVE LANGUAGE Marks, any formative LOVE LANGUAGE Marks, or any mark consisting of the elements “LOVE” and/or “LANGUAGE” by itself or in conjunction with other elements, as such marks may infringe on the rights of Licensor.
(d) Any use of the LOVE LANGUAGE Marks shall always be followed by the ™ or ® symbol, as applicable, or as otherwise instructed by Licensor from time to time.
(e) Prominently on Your website or in any work featuring the LOVE LANGUAGE Marks, You will post the following notice, to the extent applicable, and will update it from time to time as We request:
“The Moody Bible Institute of Chicago is the owner of The 5 Love Languages®, which is used with permission, and many formative common law and U.S. registered “Love Language” trademarks. We encourage you to take the Love LanguageTM quiz at https://www.5lovelanguages.com/quizzes/.”
(f) You shall ensure that all printed, published, or produced document, video or any digital material You use in connection with the sale, advertisement, promotion, use, and/or distribution of its goods and/or services bearing the LOVE LANGUAGE Marks be approved by Moody Publishers before publication.
(ii) Quality Control and Maintenance.
(a) You shall use the LOVE LANGUAGE Marks only as permitted by this Agreement, and only in accordance with a high level of quality and consumer satisfaction, and only in accordance with standards provided by Us at any given time.
(b) You shall not do any act which would reasonably be expected to dilute or materially weaken the strength of Our marks, or render such marks generic or invalid.
(c) You shall conduct Your business and operations in a manner that would not reasonably be expected to have an adverse effect on Our reputation or the goodwill associated with our marks;
(d) You shall not perform any act or fail to act in any way that could reasonably be expected to injure, denigrate or otherwise, devalue the LOVE LANGUAGE Marks or Our goodwill or reputation, including, without limitation, any use that would contradict or violate any Our published beliefs or doctrinal statements. You hereby agree that You will use commercially reasonable efforts to ensure that Your employees and other personnel do not make any offensive remarks, commit any criminal act, or commit any other act which could reasonably be expected to reflect unfavorably upon the LOVE LANGUAGE Marks or Us in any material respect; and, in the event of any such conduct, You will work with Us to promptly minimize any resulting adverse impact on the LOVE LANGUAGE Marks or Us and to remedy any such conduct;
(e) You shall not make any representation or do any act which may be taken to indicate that it has any right, title, or interest in or to the ownership of the LOVE LANGUAGE Marks other than the licensed rights conferred by this Agreement.
(iii) Ownership of the LOVE LANGUAGE Marks
The license granted herein shall not be deemed to confer on You any property rights in the LOVE LANGUAGE Marks or any related marks containing “love” and “language” or variants of the same or the goodwill now or hereafter attached thereto. You shall use the LOVE LANGUAGE Marks only as provided in this Agreement or as directed by Moody Publishers. You acknowledge that We are the sole owner of the LOVE LANGUAGE Marks and that all use of such marks inures to Our benefit. You will not, at any time, contest the ownership or validity of LOVE LANGUAGE Marks or any other trademarks owned or used by Us or otherwise do, or permit to be done, any act or thing to impair or which tends to impair Our rights in the LOVE LANGUAGE Marks or any other mark owned or used by Licensor.