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Terms of Use at Maryknoll.org
Welcome to The Maryknoll Sisters of St. Dominic,
Inc., The Catholic Foreign Mission Society of America, Inc., and
The Maryknoll Mission Association of the Faithful, Inc., Web site.
In the copyright below these three parties shall be referred to
as "Maryknoll." The Maryknoll Website (the "Service")
is an online information and communications service provided by
Maryknoll subject to your compliance with the terms and conditions
set forth below including, all exhibits hereto. Please read this
document carefully before accessing or using the service
By accessing or using the service, 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 service.
Maryknoll may modify this agreement at any time, and such modifications
shall be effective immediately upon posting of the modified agreement.
You agree to review the agreement periodically to be aware of such
modifications and your continued access or use of the service shall
be deemed your conclusive acceptance of the modified agreement.
1. Operating Policies:
You agree to comply with the Operating Policies set forth below
which are the rules that govern your activity in connection with
the Service as they may be amended by Maryknoll from time to time.
Maryknoll has the right but not the obligation to remove any communications
and materials that Maryknoll believes in its sole discretion violate
the Operating Policies.
2. Copyright, Licenses and Idea Submissions:
The entire contents of the Service are copyrighted under the United
States copyright laws. The owner of the copyright is Maryknoll.
You may print and download portions of material from the different
areas of the Service solely for your own non-commercial use. You
may make: (a) one machine readable copy, (b) one backup copy, and
(c) one print copy of any portions of material downloaded from the
different areas of the Service solely for your non-commercial use.
Any other copying, redistribution, retransmission or publication
of any downloaded material, is strictly prohibited without the express
written consent of Maryknoll or any third party information provider
to the Service.
You agree not to change or delete any proprietary notices from materials
downloaded from the Service. You agree to grant to Maryknoll a non-exclusive,
royalty-free, worldwide, perpetual license, with the right to sublicense,
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 public areas of
the Service (such as bulletin boards, forums and newsgroups) by
all means and in any media now known or hereafter developed.
You also grant to Maryknoll 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
Maryknoll for any alleged or actual infringement or misappropriation
of any proprietary right in your communications to us.
3. Use of the Service:
You understand that, except for information, products or services
clearly identified as being supplied by Maryknoll, Maryknoll does
not operate, control or endorse any information, products or services
on the Internet in any way. Except for Maryknoll-identified information,
products or services, all information, products and services offered
through the Service or on the Internet generally are offered by
third parties that are not affiliated with Maryknoll.
You also understand that Maryknoll cannot and does not guarantee
or warrant that files available for downloading through the Service
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 Service
for the reconstruction of any lost data.
You assume total responsibility and risk for your use of the service
and the Internet. Maryknoll 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 Maryknoll 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. Maryknoll does not warrant that the service will be uninterrupted
or error-free or that defects in the service will be corrected.
The service and the software are provided on an "as is, as
available" basis.
You understand further that the Internet contains unedited materials
some of which are sexually explicit or may be offensive to you.
You access such materials at your risk. Maryknoll has no control
over and accepts no responsibility whatsoever for such materials.
In no event will Maryknoll 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 he 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, even if Maryknoll 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 greatest extent permitted
by law.
4. Indemnification:
You agree to indemnify, defend and hold harmless Maryknoll, 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 or any activity
related to your account (including negligent or wrongful conduct)
by you or any other person accessing the Service using your Service
account.
5. Third Party Rights:
The provisions of paragraphs 3 (Use of the Service), and 4 (Indemnification)
are for the benefit of Maryknoll 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 you on
its own behalf.
6. Term; Termination:
This Agreement may be terminated by either party without notice
at any time for any reason. The provisions of paragraphs 2 (Copyright,
Licenses and Idea Submissions), 3 (Use of the Service), 4 (Indemnification),
5 (Third Party Rights) and 7 (Miscellaneous) shall survive any termination
of this Agreement.
7. Miscellaneous:
This Agreement shall all be governed and construed in accordance
with the laws of the State of New York applicable to agreements
made and to be performed in New York. You agree that any legal action
or proceeding between Maryknoll and you for any purpose concerning
this Agreement or the parties' obligations hereunder shall be brought
exclusively in a federal or state court of competent jurisdiction
sitting in New York. Any cause of action or claim you may have with
respect to the Service must be commenced within one (1) year after
the claim or cause of action arises or such claim or cause of action
is barred. Maryknoll' 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. . Maryknoll may assign its rights and duties
under this Agreement to any party at any time without notice to
you.
OPERATING POLICIES
Your participation in on-line communications occurs in real time
and is not edited, censored, or otherwise controlled by Maryknoll.
Maryknoll cannot and does not screen content provided by users of
the Service. Notwithstanding the foregoing, Maryknoll reserves the
right to monitor content on the Service and to remove content which
Maryknoll, in its sole discretion, determines to be harmful, offensive,
or otherwise in violation of these Operating Policies. In order
to maintain an informative and valuable service that meets the needs
of the users of the Service and avoids the harm that can result
from disseminating statements that are false, malicious, violate
of the rights of others, or otherwise harmful, it is necessary to
establish the following rules to protect against abuse:
1. You may not post or transmit any message anonymously or under
a false name.
2. You may not post or transmit any message which
is libelous, defamatory or which discloses private or personal matters
concerning any person. You may not post or transmit any message,
data, image or program which is indecent, obscene or pornographic.
3. You may not post or transmit any message, data,
image or program that would violate the property rights of others,
including unauthorized copyrighted text, images or programs, trade
secrets or other confidential proprietary information, and trademarks
or service marks used in an infringing fashion.
4. You may not interfere with other users use of the Service.
5. You may not post or transmit any file which contains viruses,
worms, "Trojan horses" or any other contaminating or destructive
features.
6. You may not post or transmit any message which is harmful, threatening,
abusive or hateful. It is not the Service's intent to discourage
you from taking controversial positions or expressing vigorously
what may be unpopular views; however, Maryknoll reserves the right
to take such action as it deems appropriate in cases where the Service
is used to disseminate statements which are deeply and widely offensive
and/or harmful.
7. You may not post or transmit charity requests, petitions for
signatures, chain letters or letters relating to pyramid schemes.
You may not post or transmit any advertising, promotional materials
or any other solicitation of other users of the Service for goods
or services except in those areas (e.g., a classified bulletin board)
that are designated for such purpose.
8. You may not post or list articles which are off-topic according
to the description of the group or list or send unsolicited mass
emailings to more than twenty-five (25) email users, if such unsolicited
emailings provoke complaints from the recipients.
9. You may not use the facilities and capabilities of the Service
to conduct any activity or solicit the performance of any illegal
activity or other activity which infringes the rights of others.
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