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TERMS OF USE
Welcome to a website of CATHOLIC MOBILE. From here you can
access other web sites owned, affiliated with, or operated
by CATHOLIC MOBILE (collectively, the "Site").
YOUR USE OF, REGISTRATION OR PURCHASE OF A PRODUCT AT THE
SITE CONSTITUTES YOUR CONSENT TO BE BOUND BY THESE TERMS
OF USE (the "Terms"). IF YOU DO NOT AGREE TO BE
BOUND BY THESE TERMS, DO NOT USE THE SITE OR PURCHASE ANY
PRODUCTS OR SERVICES THROUGH THE SITE.
Under these Terms, CATHOLIC MOBILE offers users the ability
to (a) use the Site; (b) download and/or purchase content;
and (c) provide feedback to CATHOLIC MOBILE. By using the
Site, you agree to be bound by these Terms, including, without
limitation, your agreement to limit or exclude certain damages
and remedies. You may scroll down to review all of these
Terms, or you may print these Terms as enabled by your browser.
Children's Online Privacy Protection
Act Notice. CATHOLIC MOBILE believes there is NO
information on its Web sites that is inappropriate for viewing
by children.
Privacy. For information
on CATHOLIC MOBILE's data privacy practices please visit
CATHOLIC MOBILE PRIVACY POLICY
License. In accordance
with these Terms, we grant you a non-exclusive, non-transferable,
terminable license to view and use the Site only for the
purposes of downloading and/or purchasing information, text,
data, software, sounds, photographs, audiovisual material,
artwork, graphics, messages and other materials that are
transmitted via the Site or your cellular phone (the "Materials"),
in each case in accordance with these Terms. You do not
have the right to separately copy or reproduce any Materials
apart from your use of a web browser to access the Site
or make a purchase. All Materials purchased through the
Site must at all times bear any copyright, trademark, or
other proprietary notice included in the Materials purchased.
We reserve the right to suspend or deny, in our sole discretion,
your access to all or any portion of the Site.
Use Restrictions. You may
not (a) use any robot, spider, other automatic device or
manual process to monitor or copy our web pages or the content
contained therein without our prior written permission;
(b) use any device, software or routine to interfere or
attempt to interfere with the proper working of the Site;
(c) take any action that imposes an unreasonable or disproportionately
large load on our infrastructure; (d) copy, reproduce, alter,
modify, create derivative works, or publicly display any
Materials from the Site without prior written permission
from CATHOLIC MOBILE or the appropriate third party, or
as permitted by applicable law; (e) alter or modify the
copyright notices and any other proprietary legends that
appear on the Site or Materials purchased from CATHOLIC
MOBILE; or (f) access the Site by any means other than through
the interface provided by CATHOLIC MOBILE.
Use Conditions. Your use of the
Site is subject to the following conditions:
You understand that all Materials and, where
permitted, user generated materials or information (“User
Content”) that are transmitted via the Site or your
cellular phone are the sole responsibility of the person
or company from whom the Materials originated.
Where permitted, you will not distribute
or otherwise publish through the Site User Content which
is indecent, libelous, defamatory, obscene, threatening,
invasive of privacy or publicity rights, abusive, illegal,
harassing, or otherwise objectionable, or that would constitute
or encourage a criminal offense, violates the rights of
any party or violates any law.
User Content shall not contain viruses or
any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of the Site or disrupt
any software, hardware, telecommunications, networks, servers
or other equipment.
You may use the Site only for its intended
purposes. CATHOLIC MOBILE reserves the right to delete,
move, edit, refuse to post or take other appropriate action
with respect to such Materials or User Content, or other
messages, information or files which CATHOLIC MOBILE, in
its sole discretion, deems objectionable. You are hereby
notified that use of the Site constitutes consent to such
actions, monitoring and auditing. CATHOLIC MOBILE does not
endorse any third party communications or User Content available
through the Site or that you request be transmitted to your
phone.
Submitting Materials and Feedback. By submitting
any User Content, you automatically grant (or warrant that
the owner of such rights has expressly granted) CATHOLIC
MOBILE a perpetual, fully-paid, royalty-free, irrevocable,
world-wide, non-exclusive right and license to use, copy,
reproduce, modify, adapt, publish, edit, translate, create
derivative works from, sell, transmit, transfer, distribute,
publicly display and publicly perform such User Content
or incorporate such User Content into any form, media or
technology now known or later developed throughout the world.
CATHOLIC MOBILE shall have the right to further sublicense
these rights to third parties.
Use Charges. Neither CATHOLIC MOBILE nor
any of its affiliates shall have any liability to you for
use charges related to any device that you use to access
the Site or use and receive CATHOLIC MOBILE's Materials,
including, without limitation, charges for mobile telephones,
Palm OS devices, Windows CE devices, smart phones and other
devices, whether wireless, wireline, requiring cradle synchronization
or otherwise.
Agreement to Conduct Transactions Electronically. You agree that all of your transactions with or through
the Site may, at our option, be conducted electronically.
You also agree that we may provide all agreements, disclosures
and notices electronically, including any that we are otherwise
required to provide in "writing."
Your Representations and Warranties. You
represent and warrant for the benefit of CATHOLIC MOBILE,
its affiliates and any third parties mentioned on the Site
that: (a) you possess the legal right and ability to enter
into and make the representations contained in these Terms;
(b) all User Content submitted by you to the Site is true
and accurate; (c) you will not use the Site for any purpose
that is unlawful or prohibited by these Terms or applicable
law; and (d) you possess all legal rights in and to the
User Content which you post, upload or distribute through
the Site.
No Warranties. THE SITE, MATERIALS AND PRODUCTS
OFFERED AT THE SITE, ARE PROVIDED TO YOU "AS IS,"
"WHERE IS" AND WITH "ALL FAULTS." CATHOLIC
MOBILE MAKES NO WARRANTY OF ANY KIND, AND HEREBY DISCLAIMS
ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; AVAILABILITY
OF THE SITE OR CONTENT; RELIABILITY, TIMELINESS, CURRENCY,
OR USEFULNESS OF ANY INFORMATION ON THE SITE; AND ANY DUTIES
OF REASONABLE CARE.
Dangerous Activities. CATHOLIC MOBILE DOES
NOT RECOMMEND USE OF ITS SERVICES DURING CERTAIN ACTIVITIES,
SUCH AS DRIVING, WHERE THERE EXISTS A SIGNIFICANT RISK OF
AN ACCIDENT. YOU AGREE THAT SUCH USE IS AT YOUR SOLE RISK
AND CATHOLIC MOBILE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES
OF ANY NATURE RESULTING FROM SUCH USE.
Limitation of Liability and Damages. TO
THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER
WE, NOR ANY OF OUR AFFILIATES OR AGENTS, WILL BE LIABLE
TO YOU AND/OR ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL
OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS
OF DATA) OR ANY PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT
OF OR ARE RELATED TO THE SITE, OR THE MATERIALS, OR TO ANY
BREACH OF THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. TOTAL LIABILITY HEREUNDER IS
LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR
ACCESS AND USE THE SITE OR TO PURCHASE MATERIALS.
Linked Sites. Web links may appear on the
Site that may be used to link to other web sites. These
links are provided as a courtesy to our Site visitors. CATHOLIC
MOBILE has no control over the linked web sites or the materials,
information, goods or services available or contained on
these linked web sites. CATHOLIC MOBILE is not responsible
for and does not endorse or warrant in any way any privacy
or other practices of such web sites or any materials, information,
goods or services available through such linked web sites.
If you decide to access any of the linked web sites, you
do so entirely at your own risk. CATHOLIC MOBILE reserves
the right to terminate any link at any time.
Amendments; Complete Agreement. You agree
that we may from time to time amend or add to these Terms
("Amendments"), including without limitation,
Amendments that add registration fees or change payment
methods or requirements. Notice of such Amendments will
be posted on the Site and each such Amendment will be effective
immediately after notice unless an earlier time is specified
by CATHOLIC MOBILE. Your use of the Site after the effective
date of any Amendments shall be your consent to those Amendments
and to these Terms as amended. If you do not want to be
bound by an Amendment, you will need to terminate your registration,
if any, and refrain from using the Site or CATHOLIC MOBILE's
products, services or content after that date. These Terms
and any Amendments, your registration and any consents provided
by you, the disclosures provided by us on the Site and in
conjunction with Materials and User Content delivered or
accessible via a mobile device, constitute the entire agreement
between you and us and supersede any prior written or oral
agreements between the parties.
No Waiver Severability. The failure of either
party to enforce any provision of these Terms shall not
be construed as a waiver or limitation of that party's right
to subsequently enforce and compel strict compliance with
every provision of these Terms. If any provision of these
Terms shall be held to be invalid or unenforceable for any
reason, the remaining provisions shall continue to be valid
and enforceable. If a court finds that any provision of
these Terms is invalid or unenforceable, but that by limiting
such provision it would become valid or enforceable, then
such provision shall be deemed to be written, construed
and enforced as so limited.
Applicable Laws. Any claim related to the
use of the Site or to the Site content shall be governed
by, construed and enforced in accordance with the laws of
the State of Colorado as applied to agreements made and
to be performed entirely therein. Any action brought in
connection with the Site, Materials or User Content, or
any other CATHOLIC MOBILE content or services shall be brought
in either the State or Federal courts with jurisdiction
in Denver County, Colorado. The parties hereby waive any
claim or defense that such forum is not convenient or proper
and consent to service of process by any means authorized
by Colorado law.
General Notices. All notices required by
or allowed under these Terms, including notices of problems
and/or inaccuracies in the Site or Materials, should be
addressed to:
JP2 Media, LLC · http://www.jp2media.net
Attention: Catholic Mobile
Post Office Box 261486
Littleton, CO
80163
Communications made through the Site's e-mail
and messaging system shall in no way be deemed to constitute
legal notice to CATHOLIC MOBILE or any of its officers,
employees, agents or representatives, where such notice
to CATHOLIC MOBILE is required by contract, or any federal,
state or local laws, rules or regulations.
Notice of Copyright Infringement. CATHOLIC
MOBILE respects the intellectual property rights of others.
The following represents CATHOLIC MOBILE's policy regarding
copyright infringement and CATHOLIC MOBILE's designation
of a Copyright Agent for receipt of copyright infringement
claims pursuant to the Digital Millennium Copyright Act
(17 USC § 512). If you believe that Materials or User
Content reproduced or offered for viewing or sale on the
Site in any way constitutes copyright infringement of your
work, you may provide a notice to the Copyright Agent (noted
below) containing the following:
An electronic or physical signature of a
person authorized to act on behalf of the owner of the copyright
interest;
identification of the copyrighted work claimed to have been
infringed; identification of the material that is claimed
to be infringing and information reasonably sufficient to
permit CATHOLIC MOBILE to locate the material; the address, telephone number, and, if available,
an e-mail address at which the complaining party may be
contacted; a representation that the complaining party
has a good faith belief that use of the material in the
manner complained of is not authorized by the copyright
owner, its agent, or the law; and a representation that the information in
the notification is accurate, and under penalty of perjury,
that the complaining party is authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.
Copyright infringement claims and notices
(but not other notices) should be sent to the attention
of the Copyright Agent by any of the following means:
by mail:
JP2 Media, LLC · http://www.jp2media.net
(Attn: Catholic Mobile)
P.O. Box 261486
Littleton, CO
80163
by e-mail: legal@catholicmobile.com
If CATHOLIC MOBILE receives proper notification
of infringement pursuant to the procedure set forth above,
it will remove or disable access to the challenged material,
as permitted by applicable law, and will take reasonable
steps to notify the opposite party that the material has
been removed on the basis of a copyright infringement allegation.
Terms of Use: Revised on May 31, 2006
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