MissionariesOfTheLiturgy.com WebSite Agreement
Thank you for using the Missionaries of the Liturgy website. The Missionaries of the Liturgy WebSite (the “Site”) is an online information site and webstore provided by the Missionaries of the Liturgy (“missionariesoftheliturgy.com”), a non-profit 501(c)(3) organization. By accessing and using the missionariesoftheliturgy.com website, you are agreeing to be legally bound to the terms and conditions set forth below. You may not use the Web Site for any unlawful purpose. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. The Missionaries of the Liturgy MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
You understand and agree that the Missionaries of the Liturgy may discontinue or change the Web Site at any time, without notice. You also understand and agree that the Missionaries of the Liturgy may discontinue or restrict your use of this Web Site for any reason without notice.
1. Copyright, Licenses and Idea Submissions.
The contents displayed on this Web Site is the property of the Missionaries of the Liturgy and are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are missionariesoftheliturgy.com and its affiliates. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE for any commercial purpose whatsoever. You agree not to copy, reproduce, modify, display, perform, publish, create derivative works from, or store any Content from the Web Site. You also agree not to distribute, transmit, broadcast or circulate any Content from the Web Site to anyone, including but not limited to someone else in the same company or organization, without the express prior written consent of The Missionaries of the Liturgy, 302 E. Margaret St. Iron Mountain, MI 49801, with this one exception:
You may, on an occasional and irregular basis, produce, distribute, display download or transmit an insubstantial portion of Content from the different areas of the site for a noncommercial purpose and without charge, to a limited number of individuals, not more than 25, provided you 1)do not change any copyright or proprietary notices from the materials, 2) do not make modifications to the materials and 3)do not use the materials in a manner that suggests an association with any of our products, services, events or brands and 4) note the original source of attribution, and accompany with the phrase, “Used with permission from the Missionaries of the Liturgy and missionariesoftheliturgy.com.” You may not add, delete, distort or misrepresent any content on the Site. You are not allowed to redistribute or sell any content or downloaded material from the Site or to reverse-engineer, disassemble or otherwise convert it to any other form that people can use. Furthermore, you may not post any Content from the Web Site to forums, newsgroups, mail lists, electronic bulletin boards, or other web sites, without the prior written consent of the Missionaries of the Liturgy.
You may not use the Missionaries of the Liturgy Web Site for any unlawful purpose. You shall not post or transmit through the Missionaries of the Liturgy Web Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, gives rise to civil liability or otherwise violates any law. Any conduct by you that in our sole discretion restricts or inhibits any other user of the Missionaries of the Liturgy Web Site from using or enjoying the Missionaries of the Liturgy Web Site will not be permitted.
You agree to grant to missionariesoftheliturgy.com a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to missionariesoftheliturgy.com by all means and in any media now known or hereafter developed. You also grant to missionariesoftheliturgy.com the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against missionariesoftheliturgy.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Missionariesoftheliturgy.com.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of missionariesoftheliturgy.com. Other product and company names mentioned in the Site may be the trademarks of their respective owners. The Missionaries of the Liturgy does not confirm the accuracy of any material from links to its web pages. The Missionaries of the Liturgy provides the information on these web pages “as is” and without warranties. The Missionaries of the Liturgy disclaims all express and implied warranties including, merchantability, noninfringement and fitness for a particular purpose. In no event will The Missionaries of the Liturgy liable for any indirect, special, incidental or consequential damages of any kind whether based in contract, negligence or tort.
2. Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by missionariesoftheliturgy.com, missionariesoftheliturgy.com does not operate, control or endorse any information, products or services on the Internet in any way. Except for missionariesoftheliturgy.com – identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with missionariesoftheliturgy.com. You also understand that missionariesoftheliturgy.com cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. missionariesoftheliturgy.com PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND missionariesoftheliturgy.com SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. missionariesoftheliturgy.com DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. missionariesoftheliturgy.com HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS. (But if it does happen please let us know!)
LIMITATION OF LIABILITY
IN NO EVENT WILL missionariesoftheliturgy.com BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF missionariesoftheliturgy.com OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, missionariesoftheliturgy.com LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
missionariesoftheliturgy.com makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-missionariesoftheliturgy.com web site, please understand that it is independent from missionariesoftheliturgy.com and that missionariesoftheliturgy.com no control over the content on that web site. In addition, a link to a missionariesoftheliturgy.com web site does not mean that missionariesoftheliturgy.com endorses or accepts any responsibility for the content, or the use, of such web site.
You agree to indemnify, defend and hold harmless missionariesoftheliturgy.com , its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Site), and 3 (Indemnification) are for the benefit of missionariesoftheliturgy.com and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
This Agreement shall be governed and construed in accordance with the laws of the State of Michigan applicable to agreements made and to be performed entirely within such jurisdiction. If you are using the Site from outside the United States Of America, you are responsible for compliance with any applicable local laws. To the extent you have in any manner violated or threatened to violate missionariesoftheliturgy.com and/or its affiliates’ intellectual property rights, missionariesoftheliturgy.com and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Michigan, and you consent to exclusive jurisdiction and venue in such courts.
Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. missionariesoftheliturgy.com failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. missionariesoftheliturgy.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any other disputes will be resolved as follows: 1) If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Michigan. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us, 2) If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Michigan, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
Any rights not expressly granted herein are reserved.