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Loyola Press Terms and Conditions of Use - last updated 3/25/04
Loyola Press provides a variety of online services and products to its users through its family of Web sites including www.LoyolaPress.org, www.LoyolaBooks.org, www.LoyolaEducationGroup.org, www.ChristOurLife.org, and www.FindingGod.org and email newsletters (collectively known as the "Site"). The Site is an online information service provided by LOYOLA PRESS, subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT AND OUR PRIVACY POLICY 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 AND IN OUR PRIVACY POLICY. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. LOYOLA PRESS MAY MODIFY THE TERMS AND CONDITIONS AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED TERMS AND CONDITIONS ON THE SITE. YOU AGREE TO REVIEW THE TERMS AND CONDITIONS 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 TERMS AND CONDITIONS.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by copyright and trademark laws. The owners of the copyrights and trademarks are LOYOLA PRESS, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. An exception is granted for content designated with the phrase, "Permission to reproduce this page for classroom [or parish] use is granted," and then the permission extends ONLY to reproducing that/those page(s) for the use indicated.
By your use of the Site, you grant to LOYOLA PRESS a non-exclusive, royalty-free, worldwide, perpetual license, with the right to use, reproduce, sublicense, adapt, 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 discussion boards, expert advice forums, ratings or feedback areas, newsgroups, surveys, and polls) or anything submitted in a form or by e-mail to LOYOLA PRESS by all means and in any media now known or hereafter developed. You also grant to LOYOLA PRESS 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, except in the case of polls as governed by the Site Privacy Policy. You agree that you shall have no recourse against LOYOLA PRESS for any alleged or actual infringement or misappropriation of any proprietary right in your communications to LOYOLA PRESS.
2. Trademarks.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks and servicemarks of LOYOLA PRESS. Other product and company names mentioned in the Site may be the trademarks of their respective owners, as indicated.
3. Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by LOYOLA PRESS, LOYOLA PRESS does not operate, control or endorse any information, products or services on the Internet in any way. Except for LOYOLA PRESS-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 LOYOLA PRESS.
The Site may provide links to other Internet Web sites or resources. LOYOLA PRESS neither controls nor endorses such linked sites nor have we reviewed or approved any content that appears on such linked sites. You acknowledge and agree that LOYOLA PRESS is not responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, or other materials on or available from such linked sites. You further acknowledge and agree that LOYOLA PRESS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, and services available on or through any such linked site. In addition, these sites or services, including their contents and links, may be constantly changing. These sites and services may have their own privacy policies and terms and conditions, or no policy (policies) at all. We encourage you to review the policies of any third party sites or services before providing any of them with your personal information.
You also understand that LOYOLA PRESS 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. LOYOLA PRESS 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 SITE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY, AND LOYOLA PRESS 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 SITE OR ON THE INTERNET GENERALLY. LOYOLA PRESS DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. YOU UNDERSTAND FURTHER THAT CERTAIN SITES ON THE INTERNET CONTAIN UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. LOYOLA PRESS HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
4. Discussion Boards and Other Forums.
"Forum" will here be defined as any discussion board, expert advice section, content ratings forms, or any other interactive service appearing on the Site. You must register in accordance with instructions that you will find on the Sites in order to contribute to any forum. You may not post on any forum, or send to any other forum user or any of our employees, any material that is abusive, vulgar, threatening, harassing, libelous, defamatory, obscene, invades a person's privacy, violates any intellectual or other property rights, or that would otherwise violate any law. You may not use any forum in a commercial manner. You may not post material that solicits funds, or that advertises or solicits goods or services. You may not post material known to be false. You may not post messages that contain stock touts. You may not post or transmit any information, software or other material that contains a virus or other harmful component.
We are not responsible for material appearing in any forum on the Sites, except for material signed by one of our identified representatives. While we will do our best to moderate the forums so that nothing inappropriate appears, the user is ultimately responsible for the content of any and all posts or other submissions. We are not responsible for screening material posted by users for copyright or trademark infringement, accuracy, or for any other reason. We retain, however, the right to modify or remove messages or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, stale, or otherwise unacceptable. We also reserve the right to edit materials for any other reason. Whether or not we modify or remove such material, users remain solely responsible for the content of their messages or postings. The purpose of forums is to promote discussion and add variety to the Site. Material appearing in any forum is not necessarily the opinion of LOYOLA PRESS and the appearance of such material in a forum does not constitute an endorsement of that content by LOYOLA PRESS.
By posting on the Sites, you grant (or warrant that the owner of such rights has expressly granted) us and/or relevant affiliated companies the worldwide, perpetual, nonexclusive right to use your questions, comments, and postings, in their original or edited form, in Web sites, books, articles, commentaries, recordings, or in any other medium now known or later developed. You also warrant that you own or otherwise control all of the rights to the content you have posted and that the public posting and use of such content by us will not infringe the rights of any third party. Additionally, you warrant that any "moral rights" in posted materials have been waived.
You are not entitled to any compensation for any materials you may post on the Sites.
We may, at our discretion, suspend or terminate the registration of any forum user who violates any of these terms and conditions of use, any of the member guidelines or for any other behavior that we in our discretion believe is inappropriate.
5. Pricing.
Prices listed on the Site are subject to change without notice. Any rights not expressly granted herein are reserved to LOYOLA PRESS.
6. LIMITATION OF LIABILITY.
IN NO EVENT WILL LOYOLA PRESS 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 SITE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SITE, OR DOWNLOADED FROM THE SITE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE, EVEN IF LOYOLA PRESS 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 SITE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SITE. IN STATES WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOYOLA PRESS'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. LOYOLA PRESS makes no representations whatsoever about any other Web site that you may access through this one or which may link to this Site. When you access a non-LOYOLA PRESS Web site, please understand that it is independent from LOYOLA PRESS, and that LOYOLA PRESS has no control over the content on that Web site. In addition, a link to a LOYOLA PRESS Web site does not mean that LOYOLA PRESS endorses or accepts any responsibility for the content, or the use, of such Web site. In addition, the appearance of content in a public forum does not mean that LOYOLA PRESS endorses or accepts any responsibility for the content, or the use, of such ideas as appear in the forum. If you are dissatisfied with the Site, any material found on the Site, or any of the policies, terms and conditions relating to use of the Site, your sole and exclusive remedy is to discontinue using the Site.
7. Indemnification.
You agree to indemnify, defend and hold harmless LOYOLA PRESS, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of the Terms and Conditions (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.
8. Third Party Rights.
The provisions of paragraphs 3 (Use of the Site) and 7 (Indemnification) are for the benefit of LOYOLA PRESS and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
9. Termination.
This agreement is effective until terminated by LOYOLA PRESS, at any time without notice. In the event of termination, you are no longer authorized to access forums, and the restrictions imposed on you with respect to material downloaded from the forums, but the disclaimers and limitations of liabilities set forth in the Terms and Conditions, shall survive.
10. Severability.
If any provision of these terms and conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
11. Miscellaneous.
These Terms and Conditions shall all be governed and construed in accordance with the laws of the State of Illinois applicable to agreements made and to be performed in the State of Illinois, without giving effect to any principals of conflict of law. You agree that any legal action or proceeding between LOYOLA PRESS and you for any purpose concerning the Terms and Conditions or the parties' obligations hereunder shall be brought exclusively in a federal or state court sitting in the State of Illinois, Cook County. Any cause of action or claim you may have with respect to the Site must be commenced within six months after the claim or cause of action arises or such claim or cause of action is barred. LOYOLA PRESS's failure to insist upon or enforce strict performance of any provision of the Terms and Conditions 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 the Terms and Conditions. LOYOLA PRESS may assign its rights and duties under the Terms and Conditions to any party at any time without notice to you.
12. Privacy Policy
We respect your privacy and are committed to protecting your privacy online. For complete details on steps we take to demonstrate our commitment, read our Privacy Policy.
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