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Updated November 22, 2002
- General
- Privacy
- DISCLAIMERS AND LIMITATIONS OF LIABILITY
- Online Commerce
- Use of Organization, Parish or School Directories
- Interactive Features and Your Obligations
- Registration
- Passwords
- Event Advertising
- Termination
- Other
This Archdiocese of Detroit web site (the "Site") is owned and operated by The Roman Catholic Archdiocese of Detroit and contains information and material from the Archdiocese of Detroit, Sacred Heart Major Seminary, St. John's Retreat Center, Michigan Catholic Newspaper, Catholic Television Network – Detroit, Catholic High School League, and other sources. Unless otherwise specified, there are no fees to access and use the Site. HOWEVER, PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. THESE TERMS OF USE GOVERN YOUR ACCESS TO AND USE OF THE SITE. YOU ARE ALSO SUBJECT TO ALL OTHER TERMS, POLICIES AND PROCEDURES CONTAINED WITHIN THE SITE AND/OR REFERENCED IN THESE TERMS OF USE. Your use of the Site signifies that you have read and understand these Terms of Use, and that you agree to be bound by them. If you do not agree to be bound by these Terms of Use, you should not access or use the Site.
The Site and all audio and visual information, images, photographs, video, text, documents, products and other materials contained or displayed in, or made available through, the Site (the "Content") are owned by Archdiocese of Detroit, its affiliates and/or its third party licensors and are protected by U.S. and international copyright, trademark and other intellectual property laws.
You are hereby granted a personal, non-exclusive, non-transferable license to, solely for your own personal use and benefit: (a) access, view, download, store, print, copy, use, analyze, reformat and display Content; and (b) use the tools and software on the Site. You may not, except as expressly authorized in these Terms of Use: (a) remove or destroy any proprietary rights marks or legends on or in the Site or any Content; (b) reproduce, modify, enhance, adapt, translate, distribute, or create derivative works of the Site or any Content; (c) transfer, assign, sublicense, rent, lease or sell the Site or Content; and/or (d) decompile, disassemble, or reverse engineer the Site.
Except for the license granted above, you have no right, title or interest in or to the Site or any Content. Archdiocese of Detroit, its affiliates and/or third party licensors have and retain all proprietary rights, title and interests, including all intellectual property rights, in and to the Site and Content. All rights not expressly granted by Archdiocese of Detroit to you are retained by Archdiocese of Detroit, and you may not use the Site and/or any Content in any manner or for any purpose not expressly authorized by these Terms of Use.
"Archdiocese of Detroit" and all other marks and logos used in association with the Site and/or Content ("Marks") are trademarks of Archdiocese of Detroit, its affiliates or third parties. You may not display, copy, redistribute or use any of the Marks in any manner, except as permitted by law.
We may change these Terms of Use or our policies from time to time in our sole discretion, in which case we will post the revised Terms of Use on the Site. You are responsible for regularly reviewing the Site and such changes. By continuing to use the Site after we post any such changes, you accept the Terms of Use, as modified.
You may establish a hypertext link to this Site so long as the link does not state or imply any sponsorship, endorsement, affiliation and/or association of your site by or with Archdiocese of Detroit. However, you may not, without the prior written permission of Archdiocese of Detroit, "frame" or "mirror" any of the Content of the Site on any other server or Internet-based device, or incorporate any Content into another web site or other service.
Please see the Privacy Statement on our website. The Privacy Policy is incorporated in these Terms of Use by reference, but these Terms of Use shall govern any conflict or inconsistency with the Privacy Policy.
This Site includes links and pointers that will direct you to other Internet sites, content and services provided by third parties. Archdiocese of Detroit provides any such links to you only as a matter of convenience. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. Unless expressly stated on the Site, Archdiocese of Detroit is not affiliated with, and Archdiocese of Detroit does not endorse or sponsor, any sites on the Internet that are linked through or to the Site. Archdiocese of Detroit makes no representations or warranties concerning the content of sites linked through or to the Site, or their information gathering, use or dissemination practices. In no event shall Archdiocese of Detroit be responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites linked through or to the Site, and in no event shall Archdiocese of Detroit be responsible or liable for any content, products, or other materials on or available from or through such sites.
YOUR USE OF THE SITE AND CONTENT IS AT YOUR OWN RISK. THE SITE AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND OR NATURE. WITHOUT LIMITING THE FOREGOING, NEITHER ARCHDIOCESE OF DETROIT, ITS LICENSORS NOR ANY INFORMATION PROVIDERS MAKE ANY REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SITE AND/OR CONTENT, OR THAT THE USE OF THE SITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA.
ALL OTHER CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY ARCHDIOCESE OF DETROIT, ITS LICENSORS, AND INFORMATION PROVIDERS. Some jurisdictions do not allow the exclusion of implied warranties such that the above exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from jurisdiction to jurisdiction.
REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, IN NO EVENT SHALL ARCHDIOCESE OF DETROIT, ITS AFFILIATES, LICENSORS OR INFORMATION PROVIDERS BE LIABLE OR RESPONSIBLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, IN ASSOCIATION WITH THESE TERMS OF USE, YOUR USE OF THE SITE AND/OR CONTENT, YOUR RELIANCE ON THE INFORMATION, DATA, ADVICE AND/OR MATERIALS CONTAINED IN OR MADE AVAILABLE TO YOU THROUGH THE SITE AND/OR CONENT; AND/OR THE ACTIONS OR OMISSIONS OF ARCHDIOCESE OF DETROIT, REGARDLESS OF WHETHER ARCHDIOCESE OF DETROIT IS AWARE OF THEIR POSSIBILITY.
YOU UNDERSTAND THAT THE DISCLAIMER OF WARRANTIES AND THE LIMITATIONS OF LIABILITY ARE ESSENTIAL TO ALLOW ARCHDIOCESE OF DETROIT TO PROVIDE THE SITE AND CONTENT SET FORTH HEREIN. YOU UNDERSTAND AND AGREE THAT BUT FOR THESE PROVISIONS, ARCHDIOCESE OF DETROIT WOULD NOT MAKE THE SITE AND/OR CONTENT AVAILABLE TO YOU.
You specifically acknowledge and agree that Archdiocese of Detroit is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any Archdiocese of Detroit materials, products or services or with any of Archdiocese of Detroit's terms and conditions, your sole and exclusive remedy is to discontinue using the Site.
In addition, Archdiocese of Detroit may allow you to purchase many different types of products and services online that are provided by the Archdiocese of Detroit, Catholic Book Store or other third parties. Archdiocese of Detroit is not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. You release Archdiocese of Detroit and its agencies from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of any products or services made available by third parties through Archdiocese of Detroit.
Because Archdiocese of Detroit is not and cannot be a party in your communications, interactions and/or transactions with advertisers, sponsors, third-party content providers, other users or other third parties on or through the Site, in the event that you have a dispute with one or more such third parties, you acknowledge that your sole and exclusive remedies are against such third parties. You expressly covenant not to sue Archdiocese of Detroit in association with such disputes, and hereby release Archdiocese of Detroit, its subsidiaries, affiliates, officers, directors, agents, and employees from any and all claims, demands, suits, expenses, fees (including attorneys' fees), judgments, penalties, fines and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
If you make a purchase from a merchant hosted by Archdiocese of Detroit or linked to by Archdiocese of Detroit, the information obtained during your visit to that merchant's online store, and the information that you give, such as your credit card number and contact information, is collected by the merchant and not by Archdiocese of Detroit. These merchants may have separate privacy and data collection practices. Archdiocese of Detroit has no responsibility or liability for these independent policies. For more information regarding the merchant, its online store, and its privacy policies, return to that store's home page and click on its information links or contact the merchant website directly.
The information contained in the organization, parish, school or other directories is provided for your own personal reference purposes only, and is not to be used for solicitation, marketing, telemarketing or other applications. This information may be used only for the purposes for which it is intended. This information may not be copied, disclosed, rented, leased, licensed, sold or redistributed by you and is provided "AS IS" without warranty of any kind. In no event will Archdiocese of Detroit or its suppliers be liable in any way with regard to such information.
"Forum" means a chat area, message board, e-mail function or other user-generated content area contained in or offered through the Site. Forums may provide the opportunity for you to communicate with other users, advertisers, promoters, sponsors and/or other third parties, and to post and exchange information, ideas and opinions ("Postings"). If you make any Postings on the Site, you represent and warrant that you have all necessary rights in and to such Postings and all material they contain, and that such Postings do not and will not infringe any proprietary or other rights of third parties or violate any term of these Terms of Use. Any claim lodged with or damage resulting to Archdiocese of Detroit from your breach of this representation and warranty will be covered by your indemnification obligations, below.
You acknowledge that Archdiocese of Detroit does not screen, edit or review Postings in the normal course of its operations prior to the appearance of those Postings on the Site. Furthermore, Postings do not necessarily reflect the views of Archdiocese of Detroit or any its employees, officers, directors, agents, suppliers, contractors or affiliated entities. To the fullest extent permitted by applicable law, Archdiocese of Detroit disclaims all responsibility and liability for Postings and for any losses or expenses resulting from their use and/or appearance on the Site. Notwithstanding the foregoing, Archdiocese of Detroit reserves the right to monitor all Postings and to remove without liability any Postings that it considers, in its sole discretion, to be offensive, violate any applicable law, violate the right of any third party, or otherwise violate the terms of these Terms of Use.
When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with. Information obtained in a Forum may not be reliable, and it is not a good idea to make any decisions or take any actions based on information you cannot confirm. Archdiocese of Detroit cannot be responsible for the content or accuracy of any information, and shall not be responsible for any decisions made or actions taken based on such information.
By uploading or providing any Postings, suggestions, information, ideas, feedback, recommendations or other information and/or materials (collectively, "Submissions") to any Forum or to Archdiocese of Detroit directly, you automatically grant (or warrant that the owner of such materials expressly grants) Archdiocese of Detroit and its affiliates a perpetual, royalty-free, paid-up, worldwide, irrevocable, non-exclusive, unrestricted right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such Submissions, and/or incorporate such Submissions into any form, medium, or technology now known or later developed throughout the world. In addition, you warrant that all so-called "moral rights" in those materials have been waived.
You agree to abide by all applicable local, state, and federal laws, regulations, statutes, rules and ordinances, in connection with your use of the Site and Content. Without limiting the foregoing, you shall not use the Site or Content to:
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Restrict or inhibit any other user from using and enjoying the Site and/or interfere with or disrupt servers or networks connected to the Site or violate the regulations, policies or procedures of such networks.
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Post or transmit any unlawful, harassing, bigoted, hateful, racially offensive, tortuous, harmful, invasive, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent or otherwise objectionable information or materials of any kind or nature, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, be harmful to minors or otherwise violate any local, state, national or international law.
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Post or transmit any information, software or other material that violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
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Post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
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Send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise.
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Harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses.
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Transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs or cancelbots.
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Attempt to gain unauthorized access to the Site or computer systems or networks connected to the Site through password mining or any other means.
You are solely responsible for any and all activities that occur under your account including inputting, maintaining, and managing accurate information and ensuring that you exit or log-off from your account at the end of each session of use.
You shall indemnify, defend and hold Archdiocese of Detroit, its licensors and information providers, and each such party's parents, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents, harmless from and against any and all claims, actions, proceedings, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs) arising out of or in connection with (a) your use of the Site and/or Content; and/or (b) your breach of these Terms of Use and/or violation of any applicable law or right of a third party.
To use certain features of the Site, you must register with Archdiocese of Detroit on the form provided. You agree (a) to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form, and (b) to maintain and promptly update the information you provide to keep it true, accurate, current and complete.
You, not Archdiocese of Detroit, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all information and data, including Postings, which you provide to Archdiocese of Detroit or that Archdiocese of Detroit has access to, in relation to the Site. Archdiocese of Detroit shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any of your information or data, or for any actions or omissions which Archdiocese of Detroit takes in reliance upon your information or data.
If Archdiocese of Detroit has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifying information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.
To use certain features of the Site, you will need a username and password, which you will receive through the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security. You shall also use your best efforts to stop immediately any copying or distribution of Content that is known or suspected by you. Archdiocese of Detroit cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
When you submit an event ad for publication on Archdiocese of Detroit, you agree that the advertisement as it appears on Archdiocese of Detroit becomes the property of Archdiocese of Detroit and you assign all ownership interest in the advertisement as it appears on Archdiocese of Detroit under copyright law or otherwise to Archdiocese of Detroit.
Submission of an advertisement does not constitute a commitment to publish the advertisement, and publication of an advertisement does not constitute an agreement for continued publication. We will accept only standard abbreviations and required proper punctuation. Archdiocese of Detroit reserves the right to edit, reclassify, revise, reject or cancel any advertisement at any time, in its sole discretion. Specifications are subject to change.
Archdiocese of Detroit may cancel or terminate your right to use the Site or any part of the Site at any time with or without notice and with or without cause or reason. In the event of termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. All provisions of these Terms of Use regarding ownership, limitations of liability, disclaimer of warranties, confidentiality, release and indemnification shall survive any cancellation or termination of these Terms of Use.
Archdiocese of Detroit makes no representation that Content, materials or information on the Site is appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws.
These Terms of Use, and all modifications made pursuant to these Terms of Use, constitute the entire agreement between Archdiocese of Detroit and you with respect to the subject matter contained in these Terms of Use and supersede, replace and merge all previous agreements, proposals, communications, understandings, promises and representations, whether written or oral, relating thereto. You also may be subject to additional terms and conditions that may apply when you use or purchase the products or services of a third party that are provided through the Site. In the event of any conflict between any such third party terms and conditions and these Terms of Use, these Terms of Use shall govern as between you and the Archdiocese of Detroit.
In order to ensure consistency in the interpretation and enforcement of these Terms of Use and Archdiocese of Detroit's rights in the Site, Content and other proprietary materials, these Terms of Use shall be governed by and construed in accordance with the laws of the State of Michigan (and controlling United States federal law) without giving effect to any jurisdictions principles or rules regarding conflicts of law. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be modified to the extent necessary to be valid and enforceable, and all other provisions of these Terms of Use shall remain in full force and effect.
You expressly agree that any litigation arising between the parties related, in any way, to these Terms of Use, the Site, the Content and/or any and all disputes, actions, claims, or causes of action related thereto shall be initiated and maintained only in the U.S. District Court for the Eastern District of Michigan, Southern Division and/or Circuit Court of the County of Wayne, Michigan. You expressly consent and irrevocably submit to the exclusive personal jurisdiction and venue of such courts.
The failure of Archdiocese of Detroit to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Archdiocese of Detroit in writing. No waiver shall be implied from a failure of either party to exercise a right or remedy. In addition, no waiver of a party's right or remedy will effect the other provisions of these Terms of Use.
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