Our Journey of Hope Terms and Conditions (License)
The terms and conditions herein ("License Agreement") govern the use of the "Our Journey of Hope" ministry items ("Marketing Materials") [i].
Our Journey of Hope is a cancer care ministry outreach program sponsored by City of Hope (“COH”) that was established in 2004 to train church congregations on the key components needed to build a compassionate, successful cancer care ministry[ii].
License. Subject to your clicking 'I Agree', COH grants you a non-exclusive, limited, revocable, royalty-free, non-transferable, non-sublicensable, license to copy, distribute to the public and use the Marketing Materials, within the United States of America and select international jurisdictions (See Appendix A) for the sole purpose of performing the Marketing Services[iii]. You may access and use the Marketing Materials for noncommercial purposes in connection to and for the benefit of the Our Journey of Hope program. You acknowledge that you will not be vested with any rights, title or interest to the Marketing Materials and that every permitted use of the Marketing Materials shall inure to the benefit of COH.
You shall not, directly or indirectly, apply to register any Marketing Materials in any jurisdiction or otherwise do or cause to be done any act that in any way impairs COH's rights, title or interest in or to any Marketing Materials, or any goodwill associated therewith.
You shall ensure that the quality of the Marketing Services and any associated materials with any trademarks and/or service marks comprising the Marketing Materials will be at least commensurate with such quality of similar goods and services offered by the Our Journey of Hope program or such quality standards that COH may prescribe. You shall display or otherwise use the trademarks and/or services marks comprising the Marketing Materials in such a manner and form as may be specified by COH. To ensure compliance with these standards, you shall, upon COH's request, make available to COH all information reasonably requested relating to such quality control or use of the Marketing Materials and permit COH to inspect representative documents and other materials with which any Marketing Materials is used by you or on your behalf.
Licensed Marks. You shall ensure that the Marketing Materials used in performing the Marketing Services is used solely to promote events as agreed upon in advance by COH or the Spiritual Care Services Department at COH, in accordance with this License Agreement and any additional guidelines prescribed by COH for use of the Marketing Materials or any trademark/service marks, including the Our Journey of Hope Trademark and Copyright Guidelines for Users.
No Derivative Work. You shall not create any derivate works based on any Marketing Materials or otherwise modify any Marketing Materials. You shall not combine any Marketing Materials with other words, symbols, designs or other material except as expressly approved by COH in writing. You shall not use the Marketing Materials for any illegal purpose or obscure or alter the copyright or trademark notice in any manner or in any of the Marketing Materials.
Indemnification. You shall indemnify, hold harmless and defend COH against any claim, demand, loss, damage or expense of any nature whatsoever (including reasonable attorney’s fees and court costs) arising out of this License Agreement, including but not limited to (i) your use of the Marketing Materials or any part thereof, outside of the scope of this License Agreement or (ii) your performance of any Marketing Services. You will promptly inform COH if you believe any individual or entity has made any improper use of the Marketing Materials or has otherwise violated any rights of COH with respect to the Marketing Materials. You shall promptly notify COH in writing of any such claim. COH will defend, indemnify and hold you harmless from loss, claim, damage, liability, cost or expense, including reasonable attorney's fees, resulting from COH's gross negligence or intentional misconduct, as determined by a court of competent jurisdiction. These obligations shall survive the expiration or earlier termination of this License Agreement.
Limitation of Liability. The license provided hereunder is on an "as is" basis. COH makes no, and hereby disclaims all, representations and warranties of any kind, either express or implied, with respect to any Marketing Materials or this License Agreement, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement. To the full extent permitted by applicable laws, in no event shall COH be liable to you for indirect, consequential, incidental, punitive, exemplary or special damages, or for loss of profits, goodwill or contracts, however arising and whether or not you or COH have been advised of, or otherwise might have anticipated, such damages.
Termination. COH may terminate this License Agreement immediately and without cause, upon providing written notice to you of such termination. COH may also terminate if COH reasonably believes you have materially breached the terms and conditions herein. At COH's discretion, COH may give you thirty (30) days written notice to cure the material breach after which it will terminate this License Agreement upon failure to remedy the breach.
You may terminate this License Agreement upon not less than thirty (30) days written notice. Upon termination, all rights and licenses granted to you herein shall immediately terminate and all rights granted by COH to you shall revert completely to COH. Following the effective date of termination, you shall not use any Marketing Materials or any marks, logos, symbols or designs contained in any Marketing Materials or that are confusingly similar to any Marketing Materials comprising trademarks or service marks.
Governing Law. This relationship is governed by and shall be construed and regulated in accordance with the laws of the State of Illinois without regard to conflicts of law provisions. Any legal action or proceeding with respect to this License Agreement may be brought exclusively in the federal or state courts located in Cook County in the State of Illinois, including the United States District Court for the Northern District of Illinois.
Survival. Notwithstanding the termination of this License Agreement, the rights and obligations of the parties set forth herein which, by their terms, survive the termination of this License Agreement and shall remain in full force and effect beyond the effective date of termination.
Notices. All notices, requests, demands, claims, and other communications hereunder shall be in writing and shall be deemed duly given upon actual receipt by the addressee, and may be delivered by hand, by nationally recognized overnight courier (e.g. Federal Express, UPS), or sent by registered or certified mail, return receipt requested, postage prepaid, and shall be addressed to the intended recipient.
Status. Except as specifically provided herein, neither of the parties hereto shall act or represent or hold itself out as having authority to act as an agent or partner of the other party or in any way bind or commit the other party to any obligations and nothing contained herein shall be construed as creating a partnership, joint venture, agency, trust, or other association of any kind; each party instead being individually responsible only for its obligations as set forth in this License Agreement.
Assignment. You may not assign any of the terms and conditions of this License Agreement without the prior written approval of COH. COH may freely assign any of the terms and conditions of this License Agreement and any of its rights and obligations hereunder, without your prior written approval.
Entire License Agreement. The terms and conditions as stated herein constitute the entire License Agreement between the parties with respect to the subject matter of this License Agreement and all prior or contemporaneous understandings or License Agreements, whether written or oral, between the parties with respect to such subject matter are hereby superseded in their entirety.
[i] Marketing Materials include:
- "Our Journey of Hope" word mark (US Registration No. 4737960, No. 3448347).
- "Our Journey of Hope" logo (described as a purple dove paired with the "Our Journey of Hope" word mark)
- All materials, resources, and content provided by or on behalf of COH for use with the Our Journey of Hope Program, including all modifications thereof as may be provided by COH, from time to time, to you for use under this License Agreement.
- The content displayed on the internet site ourjourneyofhope.com, as may be modified by COH from time to time.
[ii] The Our Journey of Hope® program:
Is a faith-based, comprehensive cancer care ministry training program, offering a two-day training in the spiritual and practical methods of bringing hope and comfort through effective cancer care ministry. Topics include:
- Why cancer care is unique
- How to identify people in need of cancer care ministry
- How to cultivate helpful relationships with cancer patients and caregivers
- Practical cancer care ministry opportunities
- Understanding the spiritual, emotional and physical needs of those impacted by cancer
- How to communicate effectively with those impacted by cancer
Is designed to equip faith leaders with the tools to effectively minister to those impacted by cancer. Leaders return home with a complete curriculum and access to online resources for launching and training a small-group cancer care ministry within their church or community. The COH spiritual care services team provides ongoing assistance and encouragement throughout all phases of cancer care ministry.
[iii] The formation of a cancer care ministry at your local religious congregation location or if senior spiritual overseer of denomination/religious association e.g., National, District, or Regional Presiding Bishop, Priest, Rabbi, Shaman, Iman or Apostle with "ECCLESIASTICAL ACCOUNTABILITY" for a group of churches and it’s leaders that is based on the Our Journey of Hope® program within one year of the date of this License Agreement. Making available, marketing and promoting the above-described ministry to your congregation members or ministerial affiliations including by utilizing the Work.
- EXCLUSIONS: There may be exceptions made on an individual case basis determined by OJOH program leadership for independent non-affiliated religious groups/individuals not formally associated with a registered church/ministry organization to utilize permitted OJOH materials/name as outlined in this License Agreement.
- RATIONALE: Discretionary denial for such use, is for the sole purpose of protecting integrity of same said program from fraud, mis-use, and abuse of questionable rogue behavior detrimental to the program’s objectives/reputation by individuals/organizations who do not practice or display reputable behavior that aligns with OJOH/COH code of conduct.
- NOT PERMITTED: Under no circumstances shall a commissioned OJOH trained individual, by way of attendance at a COH approved Regional Site or Local Church Approved training, be allowed to represent the OJOH program as an independent trainer of same-said program to unrelated members of any church/ministry/organization they are not affiliated with or have Ecclesiastical jurisdiction over.
- NOTE: Violation of any of the above criteria may result in immediate "CEASE and DESIST" protocol of all OJOH Program Materials/Name as outlined in this License Agreement by program's Legal representation.
- NOTE: The individual or party that agrees to and signs this license agreement is automatically granted all rights and privileges of membership within the OJOH Leaders Network, or any OJOH training event, or by creating a related profile, you understand that all related information provided will be maintained by COH and grant COH limited use of the data for advertising and promotional use in connection with the OJOH Leaders Network and other OJOH-related programs. We never sell your personal information to third parties.
APPENDIX A
OUR JOURNEY OF HOPE DOMESTIC and INTERNATIONAL JURISDICATIONS
Domestic Jurisdiction
United States
International Jurisdictions
Australia
Bahamas
Canada
Cayman Islands
Colombia
Czech Republic
Indonesia
Jamaica
Mexico
South Africa
Uganda