WFSI Video Content License
Wilbert Funeral Services, Inc. (“WFSI”) owns or otherwise has the right to license WFSI video content. WFSI grants to you as a Funeral Professional Partner (“you”, “your”) a non-exclusive, non-transferable and non-sublicensable license to display on your Site WFSI video content delivered as HTML embed code, for a period beginning upon delivery of video embed code to you until either (1) the withdrawal or termination of the license by WFSI or (2) you cease to promote the products and services of WFSI on your Site. If you use the WFSI video content to promote the products or services of a competitor of WFSI (or otherwise cease to promote the products of WFSI), WFSI will cease delivery of new WFSI video content, and the licenses granted under this agreement will immediately terminate. WFSI may at any time in its sole discretion (1) alter, withdraw, restrict, or otherwise make unavailable the WFSI video content or its source embed code; or (2) immediately terminate this license.
You may not permit the WFSI video content to be, or appear to be, reproduced, displayed, or distributed on, as part of or in connection with any website or other online (including mobile) area other than your Site, whether by framing, in-line linking, appearing in a new window, or otherwise. You may not edit, alter, modify, combine with other content, or create any derivative works of WFSI video content.
If WFSI instructs you to delete or make inaccessible any WFSI video content for any or no reason, you must comply with such instruction as promptly as reasonably possible.
Neither this agreement, nor any act, omission, or statement by WFSI or You, conveys any ownership right in any of the WFSI video content or WFSI’s intellectual property, or to any element or portion thereof, or other materials provided by or on behalf of WFSI under this agreement. Except for the licenses expressly granted to you in this agreement, all right, title, and interest in and to the WFSI video content and WFSI’s intellectual property and will remain with WFSI.
You may provide the WFSI video content on your Site solely to the extent of and within the scope of the license granted in this agreement and otherwise in accordance with the following:
(a) You must update the WFSI video content on your site promptly upon receipt from WFSI.
(b) You must present WFSI video content in its entirety (without any addition, modification, or deletion).
(c) You may not imply, directly or indirectly, including by displaying WFSI video content together with content provided by you or third parties, that WFSI provides, endorses, sponsors, certifies, or approves of other content included within your Site or any products or services advertised in or near the WFSI video content. You must present the WFSI video content in such manner as to avoid any likelihood of confusion as to the source of the WFSI video content and such other materials.
(d) You must remove WFSI video content from your site immediately upon the expiration or earlier termination of the term of the license.
WFSI automatically collects information about end user interaction with WFSI video content on your Site. Information automatically collected by WFSI include the number of video plays, user traffic and source information, IP addresses, geolocation, usage details, and browser type. This information is collected to help WFSI understand user behavior and the effectiveness of WFSI marketing efforts via the WFSI video content. The technologies WFSI uses for automatic data collection may include cookies, web beacons, tracking pixels, or similar technologies. You agree to provide adequate notice to, and (if required) obtain consent from, your Site’s end users regarding WFSI’s information collection practices in accordance with applicable law.
You may not authorize, permit, or enable any use of the WFSI video content other than as expressly allowed in this agreement.
You must display with the WFSI video content the appropriate copyright and trademark notices and any other source attribution required by WFSI, if such notices are provided by WFSI. You shall not alter, remove, or obstruct any such notices or attribution included with the WFSI video content.
Upon any expiration or termination of the license, you shall immediately delete from the Site, your systems, and servers all WFSI video content, WFSI’s intellectual property and any other materials provided by WFSI. Upon WFSI’s written request, you must promptly provide WFSI with written certification of such deletion.
WFSI DISCLAIMS ANY WARRANTY, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, UNDER THIS AGREEMENT; AND WFSI SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
You will indemnify, defend, and hold harmless WFSI against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees and the cost of enforcing any right to indemnification hereunder, and the cost of pursuing any insurance providers, arising out of or resulting from any action by a third party related to or arising out of: (a) your Site, including any material displayed or services provided thereon; or (b) your use of WFSI video content and/or WFSI intellectual property.
WFSI WILL NOT BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR THE VIDEO CONTENT PROVIDED HEREUNDER FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, LIQUIDATED, SPECIAL, OR EXEMPLARY DAMAGES OR PENALTIES, INCLUDING WITHOUT LIMITATION, LOSSES OF BUSINESS, REVENUE, OR ANTICIPATED PROFITS, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER WFSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Description of WFSI Video Content:
Funeral Professional Partner
If you would like a copy of this agreement, please click HERE.