Revision: 10/9/2023
Here’s a summary of what you can expect to find in our Content Contribution Agreement:
We want to make sure it’s really clear that you own the content, and we own the platforms.
The purpose of offering your content is to help people all over the world engage with the Bible. We take our users’ privacy very seriously, so this agreement makes it clear how we honor that promise. We also know you want to make sure the content provided is the best quality possible, so this agreement allows us to fix errors and issues found in the content.
This agreement covers the scope of our partnership, and the ease of either party canceling the agreement, if desired. We also want to make sure both parties are equipped to properly cross-market the content to help even more people engage with the Bible.
Thanks for your interest in partnering with us to provide content to the YouVersion Community. Here’s some information that helps define the scope of our relationship: YouVersion, Inc., a non-profit charitable corporation with an address of 4600 East 2nd St., Edmond, Oklahoma, and its parents, affiliates, and subsidiaries, (“YouVersion,” “us,” or “we”), operates online and mobile platforms. The entity or individual entering into this agreement (“Agreement”) as “Content Provider” (“You” or “Content Provider”) would like to make certain Content (as defined herein) available on those platforms. You and YouVersion (the “parties” and each a “party”) each agree that this Agreement sets forth our respective rights and obligations with respect to that Content.
We are excited you would like us to distribute the Content on our Platforms. To do that, we need the Content and certain rights in the Content. Specifically, we need you agree to the following:
All that said, YouVersion has an approval process for its Platforms and may choose not to use or display your Content. So, you agree that YouVersion reserves the sole right, in our discretion, to determine whether to make your Content accessible on the Platforms.
We think cross-marketing would be a great way to promote your Content and the Platforms. For that purpose, if we made the Content accessible on the Platforms, you grant us a worldwide, royalty-free, non-exclusive and non-transferable license to use your Marks solely to market and promote accessibility of the Content on the Platforms; and, in return, we grant you a worldwide, royalty-free, non-exclusive and non-transferable license to use YouVersion’s YOUVERSION Mark solely to market and promote accessibility of the Content on the Platforms. We will provide an approved YOUVERSION Mark to you for this specific purpose. You may obtain the same license for other YouVersion Marks with YouVersion’s prior written consent, however, you agree that you have no right to use the LIFE.CHURCH, or LC Marks, and that you shall not insinuate that your products or services are affiliated with or sponsored by YouVersion.
VERY IMPORTANT. We want to make sure you maintain ownership in your Content even though we are providing it through our Platforms. The following language makes sure that is the case: You own the Content subject to the rights you grant under this Agreement. YouVersion owns the Platforms. Each of us reserves all rights not explicitly granted in this Agreement. You and YouVersion each agree to promptly notify the other in the event either learns that Content may infringe third party rights.
We want to keep this Agreement going until one of us says stop. In that regard, this Agreement will begin when you electronically or physically sign it and shall continue until terminated. We have the right to terminate this Agreement at any time, with or without cause, upon written notice, which includes email from partners@youversion.com. You may terminate this Agreement at any time, with or without cause, upon thirty days’ notice, which includes email to partners@youversion.com. You agree that YouVersion may temporarily or permanently cease offering Content on Platforms that is alleged to infringe any third party rights, and that YouVersion also has the right to immediately terminate this Agreement if it believes that you have violated or will violate applicable law or Terms of Use or otherwise threaten the goodwill associated with YouVersion. Upon termination of this Agreement, the parties’ rights granted under Section 3 shall cease as well as YouVersion’s rights under Section 2, and you shall have no right to maintain Content on any Platform. Sections 4 through 10 shall survive termination of this Agreement. Rights granted to Users under Section 2 shall also survive termination of this Agreement with respect to Content downloaded by Users prior to YouVersion removing it from its Platforms, if any.
We value the security of our Users’ Information. To the extent that you request that YouVersion provide you with personally-identifiable information of its Users, YouVersion will only agree to do so where YouVersion has express consent from the User to do so, and in the event such information is provided with express User consent, you represent, warrant and agree that your use and processing of User information shall comply with all applicable law and Terms of Use.
Because you are providing the Content to us under license, we need you to make certain representations about your rights in the Content.Specifically, you represent and warrant that you are the sole owner of the Content, or that you have obtained all consents and permissions necessary to provide the rights granted under this Agreement, and that the exercise of those rights does not infringe any third party rights. Otherwise, neither party makes any other representation or warranty and each party disclaims any and all other representations and warranties, express or implied, including fitness for a particular purpose, infringement and merchantability.
You are providing the Content for free and we are providing it to our Users for free, so we think it’s best to limit liability under this Agreement. In that regard, here’s some important legal language: IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER OR ANY OF ITS AGENTS, OFFICERS, OWNERS OR REPRESENTATIVES UNDER ANY PROVISION OF THIS AGREEMENT FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR OTHER ECONOMIC LOSS, REGARDLESS OF WHETHER SUCH DAMAGES WERE/ARE FORESEEABLE AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION SHALL APPLY REGARDLESS OF THE FORM OF ACTION AND WHETHER IN CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.
We hope that we are not sued or threatened with legal action as a result of the Content, but if we are you agree that you will indemnify and defend YouVersion and its affiliates and all their respective officers, owners and agents from and against all judgments, losses, civil penalties, liabilities, damages, costs, settlements and expenses, including reasonable attorneys’ fees and court costs, related to any third party claim, suit, action or proceeding that arises out of any actual or alleged breach by you of Sections 6 or 7. You also agree that Section 8 does not apply to this Section 9.
Here’s the boilerplate. The terms of this Agreement set forth the entire agreement relating to the Content and the other subject matter of this Agreement and supersede all prior agreements relating to the same. This Agreement as well as the Terms of Use, may be amended by YouVersion at any time; we will provide you notice of an amendment to this Agreement via email and you agree any amended terms of this Agreement shall take effect immediately upon such notice. Amendments to any Terms of Use shall be identified in the respective Terms of Use. Neither party is an employee or agent of the other nor has the right to legally bind the other. “Includes” and “including” are not limiting. If any provision of this Agreement is unenforceable, that unenforceability shall not affect any other term of this Agreement. This Agreement, and all claims of any type that arise out of this Agreement, shall be governed by the laws of the State of Oklahoma, regardless of any choice of law provisions, and any lawsuit arising out of this Agreement shall be brought exclusively in Oklahoma County, Oklahoma. You agree that service of notices under this Agreement may be done via email and regular mail to the address used by us to communicate with you or by you to provide Content, which includes email to or from partners@youversion.com. If this agreement has been translated, it is for your convenience only. YouVersion makes no warranties or representations with respect to the accuracy of the translation. If any discrepancies are found between the English and the translated versions, the English Agreement will control.
That’s it! We look forward to working with you in the future and welcome any questions you have about this Agreement or our Platforms.