Last revised: February 13, 2015
Use of the Site
Links To Other Web Sites
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.
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.
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 Dioceses 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.
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
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, VIR– USES, 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.
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.