Terms of Use

Terms of Use

Last revised: February 13, 2015

Acceptance of Terms of Use

These Terms of Use govern your use of the OCCatholic.com and/or OCCatholicNews.com website (the “Site“). The Site is provided by the Roman Catholic Diocese of Orange (the “Diocese,” “we,” or “us“). “You” refers to you as a user of the Site.   By using the Site, you agree to these Terms of Use as they may be updated from time to time by the Diocese.

You must be 13 years of age or older to be a user of the Site. By continuing to use the Site, you are warranting that you are at least 13 years old and you (or, if you are younger than the applicable age of majority, your parent/legal guardian) have read and agree to be bound by these Terms of Use.

If you do not agree with these Terms of Use, immediately stop using the Site.

Use of the Site

You have the Diocese’s permission to use the Site, as long as you follow these Terms of Use. All information we obtain about you in connection with your use of the Site is subject to our Privacy Policy [http://www.occatholic.com/privacypolicy], which is incorporated by reference into these Terms of Use.

Links To Other Web Sites

Our Site may contain links to other websites, including via banner advertising displayed on the Site. A link to a third party’s website does not mean that we endorse it or that we are affiliated with it. We do not exercise control over third-party websites. You access such third-party websites or content at your own risk. You should always read the privacy policy of a third-party website before providing any information to the website.

License to User Content in order to Provide You with the Site

You hereby grant to the Diocese a limited license to reproduce, display, perform, distribute, and otherwise use your user content submitted, posted, created, or transmitted on or through, or otherwise associated with your use of the Site (collectively your “User Content“). This license is non?exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is fully?paid and royalty free, meaning the Diocese does not owe you anything else in connection with its use of your User Content. The Diocese may exercise its rights anywhere in the world. This license is perpetual, meaning that the license lasts for an indefinite period of time. For clarity, this license is necessary so that the Diocese can host your User Content on or through the Site.

You promise that:

  • you own all rights to your User Content or, alternatively, that you have the right to give the Diocese the rights described above;
  • you have paid and will pay in full any fees or other payments that may be related to the use of your User Content; and
  • your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

We may refuse to accept or transmit User Content for any reason. We may remove User Content from the Site for any reason. You agree that we have no responsibility or liability for the deletion or failure to store any User Content maintained or transmitted on or through the Site. Misuse of network resources in a manner that impairs network performance is prohibited.

Updates to the Terms of Use

These Terms of Use shall remain in full force and effect for the full duration of your use of the Site.

From time to time, we may change these Terms of Use. If we change these Terms of Use, we will give you notice by posting the revised Terms of Use on the Site. Those changes will go into effect on the Revision Date shown in the revised Terms of Use. By continuing to use the Site, you consent to the revised Terms of Use.

Conduct on Site

You agree to obey all applicable laws and regulations and terms and policies in using the Site, and agree that you are responsible for the content of your User Content, communications, and other uses of the Site.

You agree that you will not upload, share, or otherwise distribute any User Content or materials that:

  • are unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or impersonate another person;
  • contain explicit or graphic descriptions, depictions, or accounts of lewd conduct or acts (including but not limited to lewd language of a violent or threatening nature directed at another individual or group of individuals), or in any way violate applicable laws;
  • victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability or other protected status;
  • infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of the Diocese or any third party;
  • constitute unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  • contain software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
  • contain measures that could be used to determine the architecture of the Site, or could be used to decompile, disassemble, or reverse engineer the Site.

We do not endorse any User Content, and expressly disclaim any and all liability in connection with User Content. We do not pre?screen or monitor User Content as part of a regular practice. However, we have the right at our sole discretion to remove any content of any kind that, in our judgment, does not comply with these Terms of Use or any other rules of user conduct for the Site, or is otherwise harmful, objectionable, or inaccurate. The Diocese is not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against the Diocese arising out of such removal of content or delay thereof.

In the event that you encounter content which you believe does not comply with these Terms of Use, please notify us at webeditor@occatholic.com. You understand that in using this Site, you may be exposed to materials that are objectionable as set forth above. You hereby waive and agree to waive all rights, claims, and actions in law or equity against the Diocese arising from your exposure to such materials. You further agree that your sole recourse if you are exposed to inappropriate content is to stop using the Site.

You agree that the Diocese at any time, in our sole discretion, may remove and discard any User Content without prior notice to you and without reimbursement if we suspect a violation of any of these Terms of Use. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

Intellectual Property

The Diocese’s Intellectual Property Rights

The Site contains material that is protected by international copyright, trademark and other intellectual property laws. The Diocese is the owner and retains all proprietary rights to the Site, and all associated copyrights, trademarks, brands, patents or other proprietary rights under law. You are permitted to use the Site and its content only as specifically authorized by the Diocese.

The Site is intended for your personal, noncommercial use only. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from the Site. You may download material from the Site for your personal, non-commercial use only, including via social media, provided you keep intact all copyright and other proprietary notices. You agree that you will not redistribute, copy, amend, or commercially exploit any materials found on the Site without express written permission from the Diocese, which permission may be withheld in the Diocese’s sole discretion.

The Diocese’s trademarks may not be used in connection with any product/service that is not provided by the Diocese, in any manner that is likely to cause confusion among customers or users of the Site, tarnishes or dilutes the marks, or disparages or discredits the Diocese.

Others’ Intellectual Property Rights

The Diocese respects third party intellectual property rights that may be implicated in any posted User Content. These intellectual property rights, and your responsibilities with respect to these rights, are outlined below.

You retain any and all rights you hold with respect to your User Content, subject to the license granted to the Diocese in these Terms of Use.

If you are not the creator of the content that you use, then you must get permission from the creator or the copyright holder to use the content.

Any trademarked or copyrighted material must only be used with the permission of the trademark or the copyright holder.

We assume no liability with respect to the disclosure or use of confidential or proprietary information uploaded to the Site.

Copyright or Intellectual Property Infringement

Notice of Copyright or Intellectual Property Infringement

Please notify us in writing, by mail to our designated agent listed below, if you believe that a user of the Site has infringed your intellectual property rights. Pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (DMCA).

To be effective the notification should include:

  • identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • identification of the claimed infringing material and information reasonably sufficient to permit the Diocese to locate the material on the Site;
  • information reasonably sufficient to permit the Diocese to contact you, such as an address, telephone number, and, if available, an e?mail address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
  • your physical or electronic signature.

You acknowledge and agree that upon receipt and notice of a claim of infringement, the Diocese may immediately remove the identified materials from the Site without liability, and the claims of the complaining party and party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

Counter?Notice by Accused User

If we have taken down your materials due to suspicion of copyright infringement, you may dispute the alleged infringement by sending a written communication by mail to our designated agent below. That written communication should include the following:

  • a physical or electronic signature of the user;
  • identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • a statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  • the user’s name, address, and telephone number, and a statement that the user consents to the jurisdiction of Federal District Court for the judicial district in which such address is located, or if the user’s address is outside of the United States, the Federal District Court for the Central District of California, and that the user will accept service of process from the person who provided notification of copyright infringement or an agent of such person.

Please send all notices under the above copyright infringement policies by mail to the following individual, designated as the Diocese’s agent for receipt of notifications of claimed infringement:

Orange County Catholic

Ryan Lilyengren

Diocese of Orange Pastoral Center

13280 Chapman Ave.

Garden Grove, CA 92840

 

Disclaimer of Warranties; Limitation of Liability

YOU USE THE SITE AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE DIOCESE AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (REFERRED TO COLLECTIVELY AS “AFFILIATES“) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON?INFRINGEMENT).

IN PARTICULAR, THE DIOCESE AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE (INCLUDING, WITHOUT LIMITATION, ANY USER CONTENT), OR THE CONTENT OF ANY WEBSITES OR RESOURCES LINKED TO THE SITE. THE DIOCESE AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY:  (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E?MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE.

THE DIOCESE AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT OR SERVICE RECOMMENDED, ADVERTISED OR OFFERED ON OR THROUGH THE SITE OR ANY LINKED WEBSITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE DIOCESE OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE DIOCESE NOR ITS AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO USE OF THE SITE.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent the Diocese may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Diocese’s liability will be the minimum permitted under such law.

Indemnification

You agree to indemnify, defend, and hold harmless the Diocese and its Affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys’ fees and legal costs), arising from or relating to:  (a) any information (including your User Content) that you or anyone using your account submit, post, or transmit through the Site; (b) the use of the Site by you or anyone using your account; (c) the violation of these Terms of Use by you or anyone using your account; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your account. The Diocese reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do assume the defense of such a matter, you will reasonably cooperate with the Diocese in such defense.

Termination of Use

We may terminate or suspend your use of this Site at our discretion and for any reason. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your account and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

The following sections of these Terms of Use will survive termination:  Intellectual Property, Disclaimer of Warranties; Limitation of Liability, Indemnification, Termination of Use, Governing Law, Miscellaneous.

Governing Law

The laws of the state of California, USA, will apply to all matters relating to these Terms of Use, the use of the Site, without regard to the conflicts of laws principles nor the United Nations Convention on the International Sale of Goods. You agree that any action of whatever nature arising from or relating to these Terms of Use, the Site, or Services will be filed only in the state or federal courts located in Orange County, California. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

Miscellaneous

If any provision of these Terms of Use shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.

You agree that the Diocese, may assign these Terms of Use in our sole discretion, to any third party at any time. You may not transfer or assign any of your rights and obligations under these Terms of Use, and any attempt to do so will be void.

These Terms of Use, the Diocese’s Privacy Policy, and any other written terms or policies associated with the Site shall constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understanding of the parties with respect thereto.

Any attempt to modify or supplement these Terms of Use and/or the Privacy Policy shall be void unless agreed to in writing signed by the Diocese.

Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.