Terms and Conditions
CATHOLICCLOUD TERMS OF SERVICE
Last Updated: May 20, 2016
WELCOME TO CATHOLICCLOUD WHICH IS OWNED AND OPERATED BY DYNAMIC MULTIMEDIA ("CATHOLICCLOUD", "WE", "US" or "OUR"). PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE (THESE "TERMS") CAREFULLY.
BY ACCESSING OR USING THIS WEBSITE, PURCHASING SERVICES OR CLICKING AT THE TIME OF YOUR REGISTRATION FOR THE SERVICES, YOU ARE ENTERING INTO A BINDING AGREEMENT WITH CATHOLICCLOUD AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS, YOU ARE NOT PERMITTED TO USE THIS WEBSITE OR THE SERVICES.
These Terms apply to your access to and use of Catholic.Cloud and any related websites (collectively, the "Site") and CatholicCloud’s services, applications and features (collectively, the "Services"). If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to indemnify you and CatholicCloud for violations of these Terms.
These Terms contain provisions that govern how claims that you and CatholicCloud have against each other are resolved (see Dispute Resolution section). These Terms also contain provisions requiring you to resolve certain disputes or claims relating to your use of the Services by binding arbitration, rather than in court. If you do not consent to such terms, you are not permitted to use the Services.
CatholicCloud reserves the right to change or modify any of the terms and conditions contained in these Terms (or any policy or guideline of CatholicCloud) at any time and in its sole discretion by providing notice that these Terms have been modiﬁed. Such notice may be provided by sending an
Please visit our policy updates page, available at https://Catholic.Cloud/terms for a list of past Terms and a summary of important changes that have been made to these Terms since the previous version.
Registration Data; Account Security
In consideration of your use of the Services, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Services ("Registration Data"); (b) maintain the security of your password and identiﬁcation; (c) maintain and promptly update the Registration Data, and any other information you provide to CatholicCloud, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to CatholicCloud.
You are responsible for safeguarding the password that you use to access the Services. When you register for the Services, you should use a strong password, including a combination of upper and lower case letters.
The Services are not intended for users who are under the age of 18. In order to create an account for the Services, you must be 18 years of age or older. By registering, you represent and warrant that you are 18 years of age or older.
Terms of Sale
Please refer to our Terms of Sale for the terms (to be posted upon release date of paid functionality), conditions and policies applicable to your purchase of services from CatholicCloud. By ordering services through on the Site or via the Services, you agree to be bound by and accept the Terms of Sale.
User Content and Conduct
The Services enable you and other users to create, post or store content, messages, materials, data, information, text, music, sound, photos, video, graphics, applications, code or any other items or materials ("User Content"). You agree not to post, upload to, transmit, distribute, store, create or otherwise publish or make available through the Services any of the following:
User Content that is disrespectful towards others, unlawful, libelous, defamatory or otherwise objectionable;
User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right or the privacy or publicity rights of any party;
Unsolicited promotions, political campaigning, advertising, solicitations or content that is otherwise
Private information of any third party, including, without limitation, addresses, phone numbers,
Viruses, corrupted data or other harmful, disruptive or destructive ﬁles; and
User Content that, in the sole judgment of CatholicCloud, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose CatholicCloud or its users to any harm or liability of any type.
You further agree that you are solely responsible for your conduct while using the Services, and you agree that you will not do any of the following in connection with the Service or its users:
Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner;
Impersonate or post on behalf or any person or entity or otherwise misrepresent your afﬁliation with a person or entity;
Cheat or utilize unauthorized exploits in connection with the Services;
Stalk, intimidate, threaten, or otherwise harass or cause discomfort to other users;
Send distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
Harvest or otherwise collect information about users, including
Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms; or
Circumvent or attempt to circumvent any ﬁltering, copy protection mechanisms, security measures or other features CatholicCloud may from time to time adopt to protect the Service, its users or third parties.
Any use of the Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Services. CatholicCloud takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, or for any User Conduct. Enforcement of the User Content or conduct rules set forth in these Terms is solely at CatholicCloud’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. These rules do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
Although CatholicCloud has no obligation to screen, edit or monitor any of the Content posted to the Services, CatholicCloud reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Services at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Services at your sole cost and expense.
You retain all intellectual property rights in and to any User Content that you post, upload or otherwise make available on the Services. Except as otherwise set forth herein, CatholicCloud does not claim any right, title or interest in and to your User Content.
You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Services; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply
does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
Unless otherwise indicated in the Services, the Services and all content and other materials contained therein, including, without limitation, CatholicCloud logo, and all designs, text, graphics, pictures, information, data, software, sound ﬁles, other ﬁles and the selection and arrangement thereof (collectively, the "CatholicCloud Materials") are the proprietary property of CatholicCloud or its licensors or users and are protected by U.S. and international intellectual property laws.
You are granted a personal, limited,
Except as otherwise expressly permitted in these Terms, you may not: (a) resell or use CatholicCloud Materials for any commercial purpose; (b) distribute, publicly perform or public display of any CatholicCloud Materials; (c) modify or otherwise make any derivative uses of CatholicCloud Materials, or any portion thereof; (d) use any data mining, robots or similar data gathering or extraction methods; (e) download (other than the page caching) any portion of CatholicCloud Materials or any information contained therein; (f) decompile, disassemble, decode or reverse engineer CatholicCloud Materials, translate CatholicCloud Materials or otherwise attempt to learn the source code, structure, algorithms or internal ideas underlying CatholicCloud Materials or reduce CatholicCloud Materials by any other means to a human perceivable form; (g) obscure, alter or remove any notice of any copyright, trademark, trade name, service mark, logo or other intellectual property or proprietary right designation appearing on or contained within CatholicCloud Materials; or (h) use CatholicCloud Materials other than for their intended purpose. Any use of CatholicCloud Materials other than as speciﬁcally authorized herein, without the prior written permission of CatholicCloud, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation, copyright and trademark laws and applicable communications regulations and statutes.
You acknowledge that all right, title and interest in and to CatholicCloud Materials, including all patents, copyrights, trade secrets, trademarks and other proprietary rights embodied therein or associated therewith, are and will remain with CatholicCloud or its third party licensors.
CatholicCloud’s name, CatholicCloud, Inc., CatholicCloud logos and any other CatholicCloud product or service name or slogan included in the Services are trademarks of CatholicCloud and may not be copied, imitated or used, in whole or in part, without the prior written permission of CatholicCloud or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "CatholicCloud" or any other name, trademark or product or service name of CatholicCloud without our prior written permission. In addition, the look and feel of the
Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of CatholicCloud and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any other products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Hyperlinks and Third Party Materials
You may create a hyperlink to the Services for noncommercial purposes, but you may not use, frame or utilize framing techniques to enclose any CatholicCloud Materials (including any CatholicCloud trademark, logo or other proprietary information) without CatholicCloud’s express written consent.
CatholicCloud may make third party content or services available on or through the Services (collectively the "Third Party Materials") solely as a convenience to its users (e.g., links to third party websites, advertisements and promotions from third parties or the ability to use social media tools provided by third parties). YOUR USE OF ANY SUCH THIRD PARTY MATERIALS IS SOLELY AT YOUR OWN RISK AND SUBJECT TO THE APPLICABLE TERMS AND CONDITIONS AND PRIVACY POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS. CatholicCloud does not control, endorse or adopt any Third Party Materials and makes no representation or warranties of any kind regarding the Third Party Materials, including without limitation regarding the accuracy or completeness of such Third Party Materials. Your business dealings or correspondence with such third party, and any terms, conditions, warranties or representations applicable to the Third Party Materials, are solely between you and such third party. When you leave our Services, you should be aware that these Terms and all other CatholicCloud policies no longer govern your use of such websites and services or any content contained thereon. You acknowledge and agree that CatholicCloud is not responsible or liable in any manner for any Third Party Materials and undertakes no responsibility to update or review any Third Party Materials. Feedback
In the event you elect, in connection with your use of the Services, to communicate to CatholicCloud suggestions for improvements to the Services ("Feedback"), CatholicCloud will be entitled to use (or not to use) the Feedback without restriction, even if you have designated the Feedback as conﬁdential. You acknowledge that CatholicCloud may have ideas or materials similar to the Feedback already under consideration or development and that you are not entitled to compensation or reimbursement from CatholicCloud of any kind in connection with the Feedback.
You agree, at your sole expense, to defend, indemnify and hold us, our service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deﬁciencies, ﬁnes, judgments, settlements, liabilities, losses, costs and expenses
(including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to: (a) your conduct; (b) your violation of these Terms or the rights of any
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY CATHOLICCLOUD, THE SERVICES AND CATHOLICCLOUD MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CATHOLICCLOUD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, (A) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
CatholicCloud reserves the right to change any and all content contained in the Services and to modify, suspend or discontinue the Services offered by CatholicCloud or any features or functionality of the Services at any time without notice and without obligation or liability to you.
Limitation of Liability
IN NO EVENT WILL CATHOLICCLOUD, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES, THE USER CONTENT OR CATHOLICCLOUD MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM CATHOLICCLOUD, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CATHOLICCLOUD, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES OR TO THESE TERMS EXCEED [THE GREATER OF COMPENSATION YOU PAY, IF ANY, TO CATHOLICCLOUD FOR ACCESS TO OR USE OF THE SERVICES OR USD $100.00.
CATHOLICCLOUD IS NOT LIABLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU MAY HAVE AGAINST SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH CATHOLICCLOUD AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. You and CatholicCloud agree to arbitrate any dispute arising from these Terms or your use of the Services, except that you and CatholicCloud are NOT required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
You and CatholicCloud agree (a) to attempt informal resolution prior to any demand for arbitration; (b) that any arbitration will occur in Hartford County, Connecticut; (c) that arbitration will be conducted conﬁdentially by a single arbitrator in accordance with generally accepted rules of the profession; and (d) that the state or federal courts in Hartford County, Connecticut have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this Agreement and the laws of the State of Connecticut and applicable United States law, without giving effect to any conﬂict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and CatholicCloud will not commence against the other a class action, class arbitration or other representative action or proceeding.
Notwithstanding any of these Terms, CatholicCloud reserves the right, without notice and in its sole discretion, to terminate your license to use the Services and to block or prevent future your access to and use of the Services.
If any provision of these Terms is be deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
Notwithstanding any terms to the contrary in these Terms, CatholicCloud may choose to electronically deliver all communications with you, which may include: (a)
Questions & Contact Information
If you have any questions, concerns, complaints or comments in any way related to your use of the Services, please contact us at firstname.lastname@example.org.