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Definitions The Catholic Club Website, content, service and network are provided by The Catholic Club Organization (“Catholic Club” or “we” or “us” or “our”). By visiting or using our website at www.Catholic-Club.org Website (the "Website"), you signify that you have read, understand, and agree to comply with these Terms of Use, whether or not you have registered to be a Community Member of the Website or have contributed content, information or other materials or services to us or through the Website. Use of this Website is governed by these Terms of Use; therefore, you should only use or access this Website if you agree to these Terms of Use. Eligibility You affirm that you are 13 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. The Website is not intended for children under 13. If Catholic Club, in its sole discretion, has any reason to believe that you are under 13 years of age and have registered to be a Community Member and/or uploaded Submitted Content, Catholic Club Website reserves the right to delete (without notice) your Account and Submitted Content. Also, if you are under 18 years of age, you may not be permitted to utilize and access all of the functionality of the Website. Registration Information; Account Security In consideration of your use of the Website, you agree to (a) maintain the confidentiality and security of your username and password; (b) ensure that your registration and membership information, as well as any other information you provide to Catholic Club, is accurate and current; and (c) be fully responsible for all use of your Community Membership Account, if you have one, and for any actions that take place using that Account. Community Membership Account If you wish to access or use certain features of the Website, you must establish a Community Membership Account (“Account”). When establishing your Account, you must provide the requested registration information. You will also select or be given a username and password. You may not use another person's Account without permission, register for more than one Account, register for an Account on behalf of an individual other than yourself, or register for an Account on behalf of any group or entity without the written authorization of such group or entity. Although we will not be liable for any losses that you may suffer caused by unauthorized use of your Account, you should be sure to notify us right away if you suspect there has been any unauthorized use or breach of security. Submitted Content You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish, share, transmit, or display on or to the Website (collectively the “Submitted Content”). You retain all of your ownership rights in your Submitted Content. You may not submit or post Submitted Content on or to the Website without permission of the author(s), creator(s), and any individuals depicted in the Submitted Content. You understand and agree that Catholic Club may, but is not obligated to, review the Website and Submitted Content and may select, delete, decline to post, or remove (without notice) any Submitted Content in its sole discretion, for any reason or no reason at all. Catholic Club may, but is not obligated to, maintain backup copies of Submitted Content; regardless, you are ultimately responsible for backup of any material you submit to the Website. When you submit or post Submitted Content using the Website, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the handling, posting, and storage of content on the Website. In addition, by submitting or posting Submitted Content on or to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to Catholic Club and to users of the Website an irrevocable, perpetual, non-exclusive, transferable, royalty free, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Submitted Content for any purpose related to the mission of Catholic Club. You also grant to each user (or any other website on which Submitted Content may be posted under the above license) a nonexclusive license to access your Submitted Content as permitted through the functionality of such other website and subject to the applicable website terms of use. Intellectual Property Rights; Trademarks With respect to the Website, the term “Website Content” includes all incorporated designs, graphics, video, scripts, interactive features, audio, text, information, software, sound, music, Submitted Content, all other content, the selection and arrangement of content, and all intellectual property rights in and to the foregoing. We either license or own all of the Website Content, and we fully reserve all of our related rights. You may not modify, distribute, use, publish, reproduce, copy, print, display, download, upload, post, broadcast, license, transmit, sell, create derivative or collective works from, or otherwise exploit in any form or by any means or at any location, in whole or in part, any Website Content without our prior written permission, except that the foregoing does not apply to your Submitted Content that you legally submit or post using the Website. We strictly prohibit any use of the Website or the Website Content other than as specifically provided herein, without our prior written permission. Unauthorized use of the Website or Website Content may violate various laws, including without limitation intellectual property laws, communication regulations, and data security, privacy and data breach laws. Any license or permission that you may have to this Website and Website Content is limited to that expressly set forth in these Terms of Use, and we may revoke such license at any time without prior notice, with or without cause. The trademarks, services marks and logos used and displayed on the Website are trademarks of Catholic Club and others. Elements of the Website are protected by copyright, trade dress and other laws and may not be copied or imitated, in whole or in part. No right or license to use any trademark, service mark, graphic, logo, sound, image, or other aspect of the Website is granted by these Terms of Use or your use of the Website. User Conduct You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Website will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory, or otherwise unlawful material. If you are between the ages of 13 and 17, you will not use or access Website sections and functionality which are intended for use by persons age 18 or older, and you will not attempt to circumvent any controls concerning such Website sections and functionality. In addition, you agree not to use the Website to:
Modification of This Agreement We may change these Terms of Use at any time. If we do so, we will, for a reasonable period of time, post changes on this page and indicate at the top of this page the date the changes were made. Changes will become effective immediately upon posting changes to this page. Your continued use of the Website after any changes constitutes your acceptance of the new Terms of Use. You are responsible for checking for changes to these Terms of Use and reviewing such changes. Links To and From Other Websites Some portions of the Website may include links to third-party websites. In addition, you may have entered the Website via links on other third-party websites. Such links are provided as a convenience, and Catholic Club is not responsible for the information, advertising, products, services, content, or other material of any third-party website, regardless of whether such third-party website links to the Website or is accessible by a link from the Website. The inclusion and use of links does not imply sponsorship or endorsement by Catholic Club of any other website. Copyright Infringement Notification If you are a copyright owner or agent thereof and believe that any Website Content infringes upon your copyrights, you may notify us pursuant to the Digital Millennium Copyright Act ("DMCA") by submitting to us the following information in writing: (1) identification of the copyrighted work that you believe to be infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (2) identification of the material that you believe infringes the copyrighted work, and that is to be removed or access to which is to be disabled, with sufficient detail to permit us to locate the material; (3) a statement that you have a good-faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; (4) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, email address; (5) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are the owner of the copyright at issue or authorized to act on behalf of the owner of such copyright; and (6) your physical or electronic signature. Please address all notifications of claimed infringement to our agent for such notifications: Copyright Agent, The Catholic Club Organization, PO Box 48039, Williamsburg Postal Outlet, Kitchener, ON N2E 4K6, Canada, Phone: 519.721.8345, This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Please note that only written notifications of copyright violations will be accepted. Please do not send any communication other than DMCA notices to the Agent. All feedback, requests for technical support, comments and other communications should be directed to our customer support service or to the contacts provided in the "How to Contact Us" section below. If you do not comply with the requirements of this section, your DMCA notice may not be valid. Termination or Assignment of Service We may, at our sole discretion, delete or deactivate your Account, block your email or IP address, or otherwise restrict or terminate your access to or use of the Website, or remove and discard any Submitted Content that has been posted to the Website, for any reason, including, without limitation, if we believe that you have acted inconsistently with the letter or spirit of these Terms of Use. We will not be liable to you or to any third party for any termination of your access to or use of the Website. You agree not to attempt to use the Website after such termination. We may but will have no obligation to retain any of your Submitted Content upon termination of this Agreement. In the event of a merger or acquisition of Catholic Club, the sale of substantially all of its assets related to the operation of the Website, or other change of corporate control, Catholic Club's rights and obligations under these Terms of Use, together with all Submitted Content and information concerning you and your Account, may be transferred to or controlled by a present or future controlling corporation or by a surviving or successor entity. Disclaimer of Warranties YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS WEBSITE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING PRODUCTS, SERVICES, INFORMATION, TEXT, AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. Catholic CLUB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, SERVICES, OR MATERIALS ASSOCIATED WITH THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, Catholic CLUB DOES NOT WARRANT OR REPRESENT THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND ITS SERVER WILL BE FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Catholic CLUB DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF (i) MERCHANTABILITY OR SATISFACTORY QUALITY, (ii) NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, (iii) FITNESS FOR A PARTICULAR PURPOSE, AND (iv) TITLE. Limitations on Liability In no event shall Catholic Club, its agents, licensors, or vendors, or any other person or entity involved in creating, promoting, maintaining, hosting, or otherwise making available any aspect of the Website, be liable to you or any other person or entity for any indirect, incidental, special, consequential, punitive, or other such damages, including but not limited to damages associated with any: (i) loss of goodwill, profits, business interruption, data, or other intangible losses; (ii) your inability to use the Website, any unauthorized use of the Website, or any function of the Website or failure of the Website to function; (iii) unauthorized access to or tampering with any transmissions or information concerning you; (iv) the provision of or failure to provide any service; (v) errors or inaccuracies contained on the Website or any advertising, information, software, products, services, and related graphics used, viewed, or obtained through the Website; or (vi) any property loss including damage to your computer or computer system caused by viruses or other harmful components encountered during or on account of access to or use of this Website or any third-party website linked to this Website. These limitations of liability shall apply regardless of the form of action, whether based in contract, negligence, strict liability, other tort, or otherwise, and even if Catholic Club has been advised of the possibility of any particular damages. To the extent you allege or assert any damages associated with the Website which are not excluded by the foregoing, then Catholic Club's liability (and that of its agents, licensors, or vendors), if any, for such damages shall not exceed one hundred dollars ($100.00). Indemnification You agree to indemnify, defend, and hold harmless Catholic Club, its agents, licensors, and vendors, and their respective past and present officers, directors, employees, and representatives, from and against any and all claims, actions, demands, liabilities, costs, and expenses, including, without limitation, reasonable attorney's fees, resulting from your breach of any provision of this Website Agreement, including any warranty you provide herein, or otherwise resulting in any way from your use of this Website. How to Contact Us We can be reached in the following ways: Via Mail: Via Email: Via Telephone: Governing Law; Disputes; Enforceability This Agreement shall be governed by and construed and enforced in accordance with the laws of the Province of Ontario, Canada (or applicable federal law), without regard to conflict of laws principles, as such law is applied to agreements entered into and to be performed entirely within the Province of Ontario. Any action you bring concerning this Agreement or any matters related to the Website may be brought only in the state or federal Courts located in Kitchener, Ontario, and you expressly consent to the personal jurisdiction of such courts and waive all objections hereto. If any provision of this Agreement shall be determined to be void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby and shall remain in force and effect. |
