AGREEMENT BETWEEN USER AND Immaculate Heart
of Mary ParishThe Immaculate Heart of Mary Parish Web Site is
comprised of various Web pages operated by Immaculate Heart of Mary
Parish.
The Immaculate Heart of Mary Parish Web Site is offered to you
conditioned on your acceptance without modification of the terms, conditions,
and notices contained herein. Your use of the Immaculate Heart of Mary Parish
Web Site constitutes your agreement to all such terms, conditions, and
notices.
MODIFICATION OF THESE TERMS OF
USEImmaculate Heart of Mary Parish reserves the right to change
the terms, conditions, and notices under which the Immaculate Heart of Mary
Parish Web Site is offered, including but not limited to the charges associated
with the use of the Immaculate Heart of Mary Parish Web Site.
LINKS TO THIRD PARTY SITESThe Immaculate Heart of
Mary Parish Web Site may contain links to other Web Sites ("Linked Sites"). The
Linked Sites are not under the control of Immaculate Heart of Mary Parish and
Immaculate Heart of Mary Parish is not responsible for the contents of any
Linked Site, including without limitation any link contained in a Linked Site,
or any changes or updates to a Linked Site. Immaculate Heart of Mary Parish is
not responsible for webcasting or any other form of transmission received from
any Linked Site. Immaculate Heart of Mary Parish is providing these links to you
only as a convenience, and the inclusion of any link does not imply endorsement
by Immaculate Heart of Mary Parish of the site or any association with its
operators.
NO UNLAWFUL OR PROHIBITED
USEAs a condition of your use of the Immaculate Heart of Mary
Parish Web Site, you warrant to Immaculate Heart of Mary Parish that you will
not use the Immaculate Heart of Mary Parish Web Site for any purpose that is
unlawful or prohibited by these terms, conditions, and notices. You may not use
the Immaculate Heart of Mary Parish Web Site in any manner which could damage,
disable, overburden, or impair the Immaculate Heart of Mary Parish Web Site or
interfere with any other party's use and enjoyment of the Immaculate Heart of
Mary Parish Web Site. You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available or provided for
through the Immaculate Heart of Mary Parish Web Sites.
USE OF COMMUNICATION SERVICESThe Immaculate Heart
of Mary Parish Web Site may contain bulletin board services, chat areas, news
groups, forums, communities, personal web pages, calendars, and/or other message
or communication facilities designed to enable you to communicate with the
public at large or with a group (collectively, "Communication Services"), you
agree to use the Communication Services only to post, send and receive messages
and material that are proper and related to the particular Communication
Service. By way of example, and not as a limitation, you agree that when using a
Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name, material or
information.
- Upload files that contain software or other material protected by
intellectual property laws (or by rights of privacy of publicity) unless you own
or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's
computer.
- Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Service specifically allows such
messages.
- Conduct or forward surveys, contests, pyramid schemes or chain
letters.
- Download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such
manner.
- Falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or other
material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication
Services.
- Violate any code of conduct or other guidelines which may be applicable for
any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail
addresses, without their consent.
- Violate any applicable laws or regulations.
Immaculate Heart of
Mary Parish has no obligation to monitor the Communication Services. However,
Immaculate Heart of Mary Parish reserves the right to review materials posted to
a Communication Service and to remove any materials in its sole discretion.
Immaculate Heart of Mary Parish reserves the right to terminate your access to
any or all of the Communication Services at any time without notice for any
reason whatsoever.
Immaculate Heart of Mary Parish reserves the right at
all times to disclose any information as necessary to satisfy any applicable
law, regulation, legal process or governmental request, or to edit, refuse to
post or to remove any information or materials, in whole or in part, in
Immaculate Heart of Mary Parish's sole discretion.
Always use caution
when giving out any personally identifying information about yourself or your
children in any Communication Service. Immaculate Heart of Mary Parish does not
control or endorse the content, messages or information found in any
Communication Service and, therefore, Immaculate Heart of Mary Parish
specifically disclaims any liability with regard to the Communication Services
and any actions resulting from your participation in any Communication Service.
Managers and hosts are not authorized Immaculate Heart of Mary Parish
spokespersons, and their views do not necessarily reflect those of Immaculate
Heart of Mary Parish.
Materials uploaded to a Communication Service may
be subject to posted limitations on usage, reproduction and/or dissemination.
You are responsible for adhering to such limitations if you download the
materials.
MATERIALS PROVIDED TO Immaculate Heart of
Mary Parish OR POSTED AT ANY Immaculate Heart of Mary Parish WEB
SITEImmaculate Heart of Mary Parish does not claim ownership of
the materials you provide to Immaculate Heart of Mary Parish (including feedback
and suggestions) or post, upload, input or submit to any Immaculate Heart of
Mary Parish Web Site or its associated services (collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting your
Submission you are granting Immaculate Heart of Mary Parish, its affiliated
companies and necessary sublicensees permission to use your Submission in
connection with the operation of their Internet businesses including, without
limitation, the rights to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat your Submission; and
to publish your name in connection with your Submission.
No compensation
will be paid with respect to the use of your Submission, as provided herein.
Immaculate Heart of Mary Parish is under no obligation to post or use any
Submission you may provide and may remove any Submission at any time in
Immaculate Heart of Mary Parish's sole discretion.
By posting, uploading,
inputting, providing or submitting your Submission you warrant and represent
that you own or otherwise control all of the rights to your Submission as
described in this section including, without limitation, all the rights
necessary for you to provide, post, upload, input or submit the
Submissions.
LIABILITY DISCLAIMERTHE
INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH
THE Immaculate Heart of Mary Parish WEB SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
Immaculate Heart of Mary Parish AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THE Immaculate Heart of Mary Parish WEB SITE AT ANY TIME.
ADVICE RECEIVED VIA THE Immaculate Heart of Mary Parish WEB SITE SHOULD NOT BE
RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD
CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR
SITUATION.
Immaculate Heart of Mary Parish AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS,
AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS CONTAINED ON THE Immaculate Heart of Mary Parish WEB SITE FOR ANY
PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS
IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Immaculate Heart of Mary Parish
AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Immaculate Heart of Mary Parish
AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Immaculate Heart of Mary Parish
WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Immaculate Heart of Mary Parish
WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES,
OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE Immaculate Heart of Mary Parish WEB SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE Immaculate Heart of Mary Parish WEB SITE, WHETHER
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
Immaculate Heart of Mary Parish OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE Immaculate Heart of Mary Parish WEB SITE, OR WITH ANY OF THESE
TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
Immaculate Heart of Mary Parish WEB SITE.
SERVICE CONTACT :
AdminIHM@datamark.cc
TERMINATION/ACCESS
RESTRICTIONImmaculate Heart of Mary Parish reserves the right, in
its sole discretion, to terminate your access to the Immaculate Heart of Mary
Parish Web Site and the related services or any portion thereof at any time,
without notice. GENERAL To the maximum extent permitted by law, this agreement
is governed by the laws of the State of Washington, U.S.A. and you hereby
consent to the exclusive jurisdiction and venue of courts in King County,
Washington, U.S.A. in all disputes arising out of or relating to the use of the
Immaculate Heart of Mary Parish Web Site. Use of the Immaculate Heart of Mary
Parish Web Site is unauthorized in any jurisdiction that does not give effect to
all provisions of these terms and conditions, including without limitation this
paragraph. You agree that no joint venture, partnership, employment, or agency
relationship exists between you and Immaculate Heart of Mary Parish as a result
of this agreement or use of the Immaculate Heart of Mary Parish Web Site.
Immaculate Heart of Mary Parish's performance of this agreement is subject to
existing laws and legal process, and nothing contained in this agreement is in
derogation of Immaculate Heart of Mary Parish's right to comply with
governmental, court and law enforcement requests or requirements relating to
your use of the Immaculate Heart of Mary Parish Web Site or information provided
to or gathered by Immaculate Heart of Mary Parish with respect to such use. If
any part of this agreement is determined to be invalid or unenforceable pursuant
to applicable law including, but not limited to, the warranty disclaimers and
liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder of the
agreement shall continue in effect. Unless otherwise specified herein, this
agreement constitutes the entire agreement between the user and Immaculate Heart
of Mary Parish with respect to the Immaculate Heart of Mary Parish Web Site and
it supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between the user and Immaculate Heart of Mary
Parish with respect to the Immaculate Heart of Mary Parish Web Site. A printed
version of this agreement and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating to
this agreement to the same extent an d subject to the same conditions as other
business documents and records originally generated and maintained in printed
form. It is the express wish to the parties that this agreement and all related
documents be drawn up in English.
COPYRIGHT AND
TRADEMARK NOTICES:All contents of the Immaculate Heart of Mary
Parish Web Site are: and/or its suppliers. All rights reserved.
TRADEMARKSThe names of actual companies and
products mentioned herein may be the trademarks of their respective
owners.
The example companies, organizations, products, people and events
depicted herein are fictitious. No association with any real company,
organization, product, person, or event is intended or should be
inferred.
Any rights not expressly granted herein are
reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF
COPYRIGHT INFRINGEMENTPursuant to Title 17, United States Code,
Section 512(c)(2), notifications of claimed copyright infringement under United
States copyright law should be sent to Service Provider's Designated Agent. ALL
INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See
Notice and Procedure for Making Claims of Copyright
Infringement.