A. OVERVIEW
1. Welcome to the website for The Catholic Miscellany, www.themiscellany.org (the “Site”). The Site is an online service owned by Bishop of Charleston, a non-profit entity doing business as the Catholic Diocese of Charleston (“CDOC” or “us”). CDOC created this Site for your personal enjoyment, education, and spiritual fulfillment. This Terms of Use agreement (the “Agreement”) describes the terms and conditions under which CDOC permits your use of the Site, and constitutes a legal agreement between you and CDOC. Use of this Site is also governed by the Site’s Privacy Statement, which is incorporated into this Agreement by reference.
2. By viewing, interacting with, submitting information to, or otherwise using this Site, you agree to be bound by this Agreement and any additional terms included within the Site. If you do not wish to be bound by this Agreement or those terms, you must not use this Site.
3. We reserve the right, in our sole discretion, to modify, update, or otherwise change this Agreement at any time. By using this Site after such changes are posted, you agree to be bound by the changes. This Agreement was last modified December 14, 2009.
B. INTELLECTUAL PROPERTY
1. All content included on or in this Site, such as text, photos, logos, video, graphics, sound, computer code, and the arrangement and selection of such content, is protected by copyrights, trademarks, and/or other intellectual property rights of CDOC and/or its third party content providers. THE CATHOLIC MISCELLANY and CATHOLIC DIOCESE OF CHARLESTON trademark and logo, as well as the business names, logos, slogans, trade dress and all other marks on this Site are trademarks of CDOC or its third party content providers.
2. You may use material from this Site only for your own personal, non-commercial use. Neither this Site nor any portion of this Site may be republished, reproduced, duplicated, copied, uploaded, downloaded, posted, transmitted, modified, sold, or otherwise exploited for any purpose that is not expressly permitted by CDOC or under copyright law. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of trademarks, author attribution or copyright notices may be made. You acknowledge that you do not acquire any ownership rights by downloading material from this Site.
3. If you believe in good faith that your copyrighted work has been reproduced on this Site without authorization in a way that constitutes copyright infringement, you may notify our designated copyright agent by postal mail or email at the following address: Edward Fenno, Esq., Fenno Law Firm, LLC, 171 Church Street, Suite 160, Charleston, South Carolina 29401, email: efenno@fennolaw.com. This contact information is only for suspected copyright infringement. Contact information for other matters is provided elsewhere on this Site.
C. USER SUBMISSIONS
In certain places, this Site may allow users to submit information, applications, donations, payments, images, comments, forum or chat room entries, blog entries, letters, ideas, videos, emails, or other materials – either directly to the Site (including to us through the Site or by email) or through third party service providers. While we generally would like to permit you to provide content and other materials to the Site, The Catholic Miscellany, or other CDOC publications, there are certain restrictions on your providing material. They are as follows:
1. Standards: You agree not to submit any content or other material that: (a) infringes on any third party privacy, intellectual property, publicity, moral (droit moral) or other legal rights; (b) violates any applicable law or regulation; (c) is defamatory, threatening, harassing, obscene, harmful to minors, or child pornographic; (d) is false or misleading; (e) promotes physical or emotional harm in any way; (f) contains any viruses, Trojan horses, worms or other harmful components (including, but not limited to, computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information); (g) is commercial in nature, other than as specifically solicited by this Site; (h) constitutes unsolicited junk or bulk email (“spam”); or (i) is tortious or criminal.
2. License: Unless otherwise noted in our Privacy Statement or explicitly on our Site, by submitting content or other material to us, you grant CDOC a perpetual, non-exclusive, worldwide, royalty-free, irrevocable, fully and freely assignable and sub-licensable license to any rights you have in the material submitted – including, but not limited to, the rights to use, display, publish, translate, reproduce, distribute, modify, prepare derivative works based upon, and perform publicly your material (or any part thereof) online and offline in any form, media or technology now known or hereafter devised. You further agree that CDOC has the right to use your name and likeness in connection with CDOC’s publication, display, modification, distribution or other use of such material. CDOC is free to use any ideas, techniques, inventions, concepts, know-how, or other information that you provide to CDOC (whether directly or through its third party service providers) for any purpose whatsoever without compensation or remuneration.
3. Warranty / Indemnity: You warrant and guarantee that you own all intellectual property, proprietary, privacy, publicity, moral (droit moral) and other rights to any content or other material that you submit. You further agree to defend, indemnify, and hold us harmless against: (a) any and all claims to the rights to material that you provide to us and (b) any and all claims that someone’s rights were violated by our display or other use of the material that you provide to us.
4. Monitoring of Content / Removal: You agree that CDOC has no responsibility to monitor, review, edit, remove or control any content or other material that you or others submit to us and/or the Site. You further agree that CDOC may, in its sole discretion, modify, remove or refuse to accept any material for any reason. We may also decline to modify or remove material that you submitted or that you find objectionable, despite your request. In addition, please be aware that we may not be able to modify or remove certain material, including without limitation material that has been distributed to or relied on by third parties.
5. Release: You agree that you are at least 18 years of age. You agree to release CDOC (including, without limitation, the officers, directors, employees, shareholders, members, affiliates (including, without limitation, Catholic Charities of the Diocese of Charleston, Inc.), successors, assigns, contractors, volunteers, agents and attorneys of CDOC) from any and all liability and obligations whatsoever in connection with or arising from CDOC’s lawful use or non-use of material submitted by you or any third party.
6. Privacy: Other than as set forth in this Site’s Privacy Statement or as explicitly stated on the Site, CDOC may treat any submission and/or online communication between you and CDOC as non-confidential and non-proprietary.
7. No Endorsement / Recommendation: CDOC does not endorse, recommend, or take any responsibility for any material submitted to this Site by any parishioner, service provider, vendor, or other third party, even if CDOC displays such material.
D. DISCLAIMER WITH RESPECT TO CONTRACTORS AND OTHER THIRD PARTIES
CDOC specifically disclaims all responsibility for the actions or inactions of contractors, subcontractors, website developers and hosts, licensors, licensees, volunteers, advertisers and other third parties that may contract with CDOC or its affiliates or may otherwise provide products or services to CDOC or this Site, even if such third parties provide material published on or linked to this Site – including without limitation, any features of this Site that are powered or provided by third parties. You agree that your sole course of action with respect to such third parties will be against them directly. You further agree that you will abide by the terms of use and privacy statements, if any, that they have provided for their websites or sections of this Site, but that in the event of a conflict between their terms of use and this Agreement, this Agreement applies.
E. DISCLAIMER WITH RESPECT TO OTHER INTERNET SITES
CDOC has not reviewed all of the sites, or content of sites, that may be accessed from or linked to this Site. CDOC is not responsible for the content of any web pages, images, information, or data, which are not contained on this Site; nor is CDOC responsible for the actions of proprietors or users of websites linked from this Site. Viewing of or interaction with any and all other websites shall be at your own risk.
F. PROHIBITION ON USE / ENFORCEMENT OF TERMS
CDOC may at any time, for any reason, prohibit your further use in whole or in part of this Site. We may also take any action that we deem necessary to enforce this Agreement, and to protect against unlawful or improper use of this Site. You hereby expressly agree to waive any and all claims you may have (whether currently in existence and/or arising hereafter) against CDOC for any failure by us to enforce this Agreement, whether against you or a third party. CDOC’s failure to act in a particular circumstance does not waive its right to act with respect to that circumstance or other circumstances.
G. ACCESS LIMITS
Without CDOC’s express consent, you may not frame any pages from the Site, place pop-up windows over pages of the Site, or otherwise affect the display of the Site’s pages. Moreover, under no circumstances may you: (i) derive or attempt to derive the source or object code, source files or structure of this Site or its content by reverse engineering, disassembly, decompilation or any other means; (ii) attempt to access the information of other users, or attempt to penetrate security measures of the systems of CDOC or its affiliates or contractors (“hacking”), whether or not the intrusion results in corruption or loss of data; or (iii) transmit to CDOC by means of this Site any unauthorized or unsolicited advertising, junk or bulk e-mail, or any other form of unauthorized or unsolicited transmission. CDOC grants you permission to link to this Site (without framing it), but may revoke this permission at any time for any reason.
H. YOUR ACCOUNT
In order to obtain certain products or services through this Site or to make donations, you may be required to set up an account. In such a case, you will be required to provide certain information about yourself when setting up the account. You represent and warrant that the information that you provide is accurate and complete. You are responsible for any use of your account or this Site by anyone using your account password, email address, or any personal identifier. Thus, if for any reason you suspect that your account password or any identifying information has been compromised, you should contact CDOC at once.
I. PARENTAL CONTROL PROVISIONS
Pursuant to 47 U.S.C. § 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at Get Net Wise, www.getnetwise.org, and Safety.com, www.safety.com.
J. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
1. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CDOC (including, for purposes of this “Disclaimer of Warranties and Limitation of Liability” section of the Agreement, CDOC and its officers, directors, employees, shareholders, members, agents, volunteers, affiliated entities (including, without limitation, Catholic Charities of the Diocese of Charleston, Inc.), successors, assigns, third party contractors, attorneys, and any other party involved in creating, producing or delivering this Site or any of the content, products or services available on or through this Site) HEREBY DISCLAIMS ALL EXPRESS AND/OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
2. WITHOUT LIMITING THE FOREGOING, CDOC MAKES NO AND DISCLAIMS ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (i) AS TO THE OPERATION OF THIS SITE, AND/OR THE INFORMATION, CONTENT, SERVICES OR PRODUCTS INCLUDED ON OR AVAILABLE THROUGH THE SITE; (ii) THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE OR PRODUCTS PROVIDED ON OR THROUGH THIS SITE; (iv) THAT THE CONTENT OF THIS SITE DOES NOT INFRINGE ON THE RIGHTS OF YOU OR THIRD PARTIES; AND/OR (v) THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF CDOC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
3. CDOC DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THIS WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THIS SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF CDOC.
4. UNDER NO CIRCUMSTANCES SHALL CDOC BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (OTHER THAN DIRECT DAMAGES) THAT RESULT FROM THE CONTENT OF, USE OF, OR INABILITY TO USE, THIS SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THIS SITE AND/OR DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO CDOC’S RECORDS, PROGRAMS, OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), INFRINGEMENT, OR ANY OTHER BASIS – EVEN IF CDOC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY. WITH RESPECT TO DIRECT DAMAGES, YOUR REMEDY IS LIMITED TO (i) THE AMOUNT THAT YOU DONATED TO OR THROUGH THIS SITE, OR IF THERE WAS NO DONATION, THEN A MAXIMUM OF ONE HUNDRED DOLLARS ($100); AND (ii) DISCONTINUANCE OF USE OF THIS SITE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, PRODUCTS, AND/OR SERVICES AVAILABLE ON OR THROUGH THIS SITE.
5. THESE DISCLAIMERS AND LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
K. INDEMNIFICATION
You agree to defend, indemnify, release and hold harmless CDOC (including, but not limited to, its officers, directors, members, shareholders, employees, licensors, agents, volunteers, licensees, contractors, attorneys, subsidiaries, affiliates (including without limitation Catholic Charities of the Diocese of Charleston, Inc.), and third party contractors) from all liabilities, claims and expenses, including attorney’s fees and costs, that arise from, concern, or are connected with your use or misuse of this website or its content. CDOC reserves the right to assume the defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with CDOC in asserting any available defenses and will pay all of CDOC’s attorneys’ fees and costs in such defense.
L. SEVERABILITY
The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
M. GOVERNING LAW AND JURISDICTION
You agree that the laws of the State of South Carolina will govern this Agreement and your use of this Site. The state and federal courts of Charleston, South Carolina, shall have exclusive jurisdiction over any litigation that may arise out of, or be related to, this Agreement and/or your use of the Site. You agree to waive any objection based on forum non conveniens or any objection to venue in Charleston, South Carolina, of any such action.
N. INTERNATIONAL USE
CDOC makes no representation that this Site (including the content, services or products provided on or through it) is appropriate for or available to locations outside the United States of America; and using this Site from territories where it is illegal to do so is prohibited. Any offer for a product or service through this Site is void where prohibited. Use of this Site is done at your own risk and you are responsible for compliance with all local laws.
O. ASSIGNMENT
You agree that this Agreement and all rights and licenses provided to the CDOC under this Agreement are fully and freely assignable and sub-licensable by the CDOC without further compensation to you.
P. INTEGRATION AND MODIFICATION
Except as otherwise specified herein, this Agreement constitutes the entire agreement between you and CDOC with respect to this Site, and supersedes all prior or contemporaneous communications or proposals between you and CDOC with respect to this Site. You may not modify this Agreement other than by obtaining CDOC’s signed, written consent to such a modification.
Q. NOTICE / CONTACT
1. CDOC can be contacted at the following address:
The Catholic Miscellany
901 Orange Grove Road
Charleston, SC 29407
Phone: 843-261-0522
Fax: 843-804-9462
Email: editor@charlestondiocese.org
2. Legal notices shall be sent to “CDOC Legal Department” at the above street address. Notice will be considered given upon receipt.
3. CDOC is entitled to assume that any address information that you provide to us is correct, and CDOC may contact you at such address. Notice to you will be considered given when sent.