TERMS AND CONDITIONS OF USE
Welcome to Oblates.org; an online website provided by the Oblates of St. Francis de Sales. This website (the "Site") including without limitation all information, data, text, graphics, images, hyperlinks, and other material, whether or not posted or offered by or on behalf of third parties or licensed from third parties (the "Materials") is owned and operated by Oblates of St. Francis de Sales. (“OSFS”, "Oblates.org", “Oblates of St. Francis de Sales”, "us" or "we"). We provide the Site for your use conditional on your acceptance, without modification, of the terms and conditions of use of the Site set forth below. By accessing, browsing or otherwise using the Site or the Materials, you agree to accept and abide by these terms and conditions of use.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
If you do not agree to the Terms and Conditions, you may not access, browse or otherwise use this Site.
1. Changes to the Terms and Conditions:
We reserve the right, in our sole discretion, to add, remove, modify or otherwise change any part of the Terms and Conditions in whole or in part, at any time. You should check the Site periodically for changes to the Terms and Conditions. Changes will be effective when notice of such change is posted at the Site. If any change is not acceptable, you must discontinue your use of the Site and the Materials immediately. Your continued use of the Site or Materials after any such changes are posted will be considered acceptance of such changes. If you do not agree with the terms and conditions of the site, please refrain from using the site and/or services.
2. Changes to the Site:
We may add, modify, terminate, suspend, discontinue, impose limits, restrict your access or otherwise change any aspect of the Site, including the availability of any features and any Materials, at any time without notice or liability. We also reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the Site at any time without notice.
3. Permitted and Prohibited Uses:
We grant you a non-exclusive, non-transferable, limited right to access, use and view the Site and the Materials, solely for your own personal use, provided, however, that you may not, may not attempt to, nor may you allow or encourage, promote or advise others to, directly or indirectly:
3.i print, download or otherwise save to any storage device or fix in any medium, any of the Materials, provided, however, that you may print one paper-based copy of non-substantial extracts of the Materials solely for your personal use and save to the extent necessary for temporary cache storage performed automatically by your web browser;
3.ii sell, reproduce, publicly display, perform, distribute, create derivative works, reverse engineer, modify or attempt to modify the Materials in any way, or otherwise use the Materials for any public purpose, including without limitation the linking to, framing of, or other direct or indirect use of the Site or the Materials on any other website or in any environment of Networked computers;
3.iii transfer any Materials to any other person without our written consent;
3.iv use the Site for any unlawful purpose or in any unlawful manner, or in any manner which is otherwise contrary to or violates any law, regulation or the rights of any third party or that could damage, disable, overburden or impair the Site;
3.v interfere with the security of, or otherwise abuse, the Site or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked sites;
3.vi disrupt or interfere with any other person's use or enjoyment of the Site or any affiliated or linked sites;
3.vii upload, post, distribute or otherwise transmit on, through or to the Site:
3.vii.a any virus, trojan horse, worm, backdoor, shutdown mechanism or similar software, code or program which is intended to, is likely to or has the effect of disabling, denying access to, damaging or destroying, corrupting or affecting the normal use of the Site or any Materials or other data thereon, or any data, software or equipment used in conjunction therewith;
3.vii.b any material that contains any error, deficiency, omission, misstatement or misrepresentation;
3.vii.c any material that is or is reasonably likely to be construed as deceptive, fraudulent, libelous, defamatory, threatening, intimidating, abusive, harassing, violent, degrading, obscene, pornographic, profane, harmful or injurious to individuals, tortuous or that may otherwise result in criminal, regulatory or civil liability; 3.vii.d any material that is or is reasonably likely to contravene any law, statute, regulation, decree, order or similar rule; or
3.vii.e any material that, when used on the Site, violates any agreement, intellectual property rights, moral rights, publicity rights, privacy rights, fiduciary obligations or other rights of a third party;
3.viii use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from the Site or the Materials in whole or in part;
3.ix use another person's account, password, service, system or other information without that person's prior written authorization and prior written notification to us, create or use a false identity on the Site, impersonate any person or otherwise misrepresent your identity, status, qualifications or affiliations;
3.x transmit on, to or from the Site any spam, chain letters, junk mail or any other type of unsolicited mass e-mail;
3.xi attempt to obtain unauthorized access to the Site or portions of the Site which you are restricted from accessing; or
3.xii collect or harvest information about any other users of the Site;.
You also agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of the Site.
4. Your Information:
As a user of Oblates.org, you are responsible for protecting any confidential information submitted to “the Site” as well as taking responsibility for any activity logged under your account. You are responsible for protecting your computer terminal from fraudulent use of your username and password. Oblates.org and its affiliates and subsidiaries reserve the right to edit, modify, delete, or discontinue the usage and information of any member of “the Site”.
5. Proprietary Rights:
The Site, including all Materials, is Copyright 2003, 2004 Oblates St. Francis de Sales. All rights reserved. The Site, including all Materials and intellectual property rights therein and thereto is and shall continue to be owned and subject to copyright and other proprietary rights by us and our licensors. You agree to comply with all copyright and other applicable laws worldwide in your use of the Site and to prevent any unauthorized copying or use of the Materials. You have no rights in or to the Material and you may not use any Material other than as permitted under these Terms and Conditions.
Where reproduction is permitted, you must retain all copyright and trademark notices and any other proprietary notices contained in the Materials on any reproduction of all or part of the Materials. All trade names, company names, trademarks, service marks and other product and service names and logos on the Site or in the Materials (collectively, the "Trademarks") are the proprietary trademarks of their respective owners, are protected by law and may not be copied, imitated or used (including without limitation use in HTTP headers, meta tags or other non-visible pages, text or code), in whole or in part, without the prior written consent of their respective owners. The Trademarks may not be used by you in any manner whatsoever except as expressly permitted or required under the Terms and Conditions. If you believe that certain Material may infringe on copyright or other intellectual property rights held by you or a third party, please contact us immediately at desales.prayers@oblates.org. We will take steps to investigate and, if appropriate, remedy any such infringement or potential infringement.
6. Submissions:
If you submit, transmit or upload suggestions, ideas, notes, text, graphics, images, concepts, data, applications, software, code, programmed instructions or other information (collectively, the "Submissions") to the Site, or to us by email, through the Site or by other means of communication, all rights to such Submissions shall remain with you, provided that the communication of such Submissions shall be deemed to be your permission and grant of a perpetual, irrevocable, non-exclusive license, without compensation, to publish, copy, perform in public, communicate to the public, distribute, display, creative derivative works, sublicense, translate, adapt and otherwise use the Submissions without restriction and for any purpose whatsoever, whether commercial or otherwise. You also represent and warrant that all Submissions will comply with these Terms and Conditions, including the restrictions on uploaded or transmitted content set out above, and you shall indemnify and save us harmless for any breach thereof. Except for personal information to which our Privacy Policy applies, none of the Submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of the Submissions. We reserve the right (but have no obligation) to monitor, review, edit, remove, or refuse to display or post any Submissions on the Site in our sole discretion without notice or liability.
7. Links:
Certain links on the Site will take you to other websites. These links are only provided as a convenience and the linked sites to which they lead are not under our control. If you use those sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to review that site's privacy policy and to take all protective measures to guard against viruses and other potentially destructive elements. We are not responsible for the contents of any such linked site or any other site not under our control. We make no representation or warranty regarding and do not endorse any linked websites, the information appearing thereon or any of the products or services described thereon, or the linked third party sources.
Links do not imply that we sponsor, endorse, are affiliated or associated with, or are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any of the Trademarks. All links to and framing of this Site or any Materials must be approved in writing by us.
8. Warranty Disclaimers:
You acknowledge that any use of or reliance on the Site or any Materials shall be at your sole risk. We make no representation or warranty of any kind regarding the Site or the Materials, all of which is provided on an "AS IS", "WHERE IS" and "AS AVAILABLE" basis. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, MERCHANTABLE QUALITY, TITLE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE. We do not:
9.i guarantee, and make no representation or warranty as to the truthfulness, accuracy, reliability, correctness, currency, veracity or completeness of the Materials or about the results to be obtained using the Materials; or,
9.ii warrant that the Site will continue to operate, operate without interruptions or that it will be error-free, that defects will be corrected or that it will be free of viruses or other destructive elements. We have no obligation to maintain either the availability or the currency of the Site or Materials or to provide notice of any changes made to the Site or the Materials, and take no responsibility for the Materials (including any Submissions) or for any damages to users of the Site, however caused. Use of the Site and the Materials and any reliance on the Materials (including the purchase of any goods or services or the consummation of any transaction with a third party as a result thereof) are at your own risk.
9. Limitation of Liability:
YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE) UNDER ANY LEGAL THEORY ARISING OUT OF OR RELATING TO THE SITE, THE MATERIALS OR THE USE THEREOF OR THE INABILITY TO USE THE SITE OR THE MATERIALS IN ANY MANNER WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN ANY EVENT, YOU AGREE THAT THE AGGREGATE LIABILITY OF OBLATES OF ST FRANCIS DE SALES FOR ALL DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THIS SITE.
10. Indemnity:
You agree to defend, indemnify and hold us harmless from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your actions or omissions, including without limitation your use of the Site, the Materials, from or relating to any of your Submissions or any breach by you of the Terms and Conditions.
11. Conflict:
If any provision herein conflicts or is inconsistent with the Privacy Policy, the provisions of the Privacy Policy shall govern to the extent of any such conflict or inconsistency.
12. Choice of Law:
The Site is controlled, operated and administered by us from our offices in the District of Columbia (the "Jurisdiction"). We make no representation or warranty that the Materials are appropriate or available for use at any locations outside the Jurisdiction. If you access the Site from outside the Jurisdiction, you are responsible for compliance with all local law. You may not export any of the Materials accessible through the Site in violation of any applicable export laws and regulations. The Terms and Conditions shall be deemed to have been made and performed exclusively in the Jurisdiction and shall be governed by and construed under the laws of the Jurisdiction without giving effect to such Jurisdiction's conflict of laws principles. You hereby submit to the exclusive jurisdiction of the courts of the Jurisdiction for any claim related hereto, arising herefrom or in connection herewith and agree not to bring any action, claim, suit or proceeding against us in any jurisdiction other than the Jurisdiction.
13. General:
Any legal proceeding arising from or in connection with the Terms and Conditions, the Site or the Materials must be brought within one year after the event which is the subject of the proceeding has occurred. If any provision of these Terms and Conditions are unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and Conditions, as the case may be, and shall not affect the validity of any remaining provisions. The Terms and Conditions constitute the entire agreement between you and us and override anything else on the Site. The Terms and Conditions may be assigned by us. The Terms and Conditions shall endure to the benefit of and be binding upon the respective successors and permitted assigns of the parties hereto.
If you have any questions about these Terms and Conditions, email us at desales.prayers@oblates.org.
Revised 26 November 2004
