Terms & Conditions
YOUR ACCEPTANCE OF THIS AGREEMENT
This is an agreement between you ("you" or "your")
and HOLYFAMILYONLINE.COM ("HOLYFAMILYONLINE.COM," "Holy
Family Phat Diem," "we," or
"our") that governs your use of the HOLYFAMILYONLINE.COM Web
site ("Site" or "Web site"). When you access
or use the Site in any way you agree to be bound by these Terms and Conditions
("Terms").
CHANGES
We may periodically change the Terms and the Site without notice, and you are
responsible for checking these Terms periodically for revisions. All amended
Terms become effective upon our posting to the Site, and any use of the site
after such revisions have been posted signifies your consent to the changes.
HOW YOU MAY USE OUR MATERIALS
We use a diverse range of information, text, photographs, designs, graphics,
images, sound and video recordings, animation and other materials and effects
on the HOLYFAMILYONLINE.COM Web site. We provide the information, content or
advertisements (which we collectively call the "Materials") on
the HOLYFAMILYONLINE.COM site FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY.
Accordingly, you may view, use, copy, and distribute the Materials found on HOLYFAMILYONLINE.COM
Web sites for internal, noncommercial, informational purposes only. You are
prohibited from data mining, scraping, crawling, or using any process or
processes that send automated queries to the HOLYFAMILYONLINE.COM Web site. You
may not use the HOLYFAMILYONLINE.COM Web sites to compile a collection of
listings, including a competing listing product or service. You may not use the
Site or any Materials for any unsolicited commercial e-mail. Except as
authorized in this paragraph, you are not being granted a license under any
copyright, trademark, patent or other intellectual property right in the
Materials or the products, services, processes or technology described therein.
All such rights are retained by HOLYFAMILYONLINE.COM, its subsidiaries, parent
companies, and/or any third party owner of such rights.
HOW YOU MAY USE OUR MARKS
Holy Family Phat Diem LLC and HOLYFAMILYONLINE.COM
company names and logos and all related products and service names, design
marks and slogans are trademarks and service marks owned by and used under
license from HOLY FAMILY PHAT DIEM LLC or its wholly-owned subsidiaries. All
other trademarks and service marks herein are the property of their respective
owners. All copies that you make of the Materials or this site must bear any
copyright, trademark or other proprietary notice located on the site that
pertains to the material being copied. You are not authorized to use any HOLYFAMILYONLINE.COM
name or mark in any advertising, publicity or in any other commercial manner
without the prior written consent of HOLY FAMILY PHAT DIEM LLC. Requests for
authorization should be made to legal@HOLYFAMILYONLINE.COM
If you would like to provide a link to the HOLYFAMILYONLINE.COM Web site from your
own Web site, you may do so providing you give HOLYFAMILYONLINE.COM notice of
such link by sending an e-mail to affiliates@HOLYFAMILYONLINE.COM
For permission to place HOLYFAMILYONLINE.COM ad banners, search boxes, etc. on
your own Web site, you may submit an application to the HOLYFAMILYONLINE.COM Affiliate
Program. Questions concerning the Affiliate Program may be e-mailed to affiliates@HOLYFAMILYONLINE.COM.
HOW WE MAY USE INFORMATION YOU PROVIDE TO US
Do not send us any confidential or proprietary
information. Any feedback, data, answers, questions, comments, suggestions,
ideas or the like, which you send to us will be treated as being
non-confidential and nonproprietary. We assume no obligation to protect such
information from disclosure and will be free to reproduce, use, and distribute
the information to others without restriction. We will also be free to use any
ideas, concepts, know-how or techniques contained in information that you send
us for any purpose whatsoever including but not limited to developing,
manufacturing and marketing products and services incorporating such
information.
PRIVACY POLICY
Use of our Site is also subject to the Terms and Conditions of our Privacy
Policy. Our Site is intended for use primarily by persons 18 years or older.
NO ENDORSEMENTS MADE BY HOLYFAMILYONLINE.COM
We do not investigate, represent or endorse the accuracy, legality, legitimacy,
validity or reliability of any products, services, deals, coupons or other
promotions ("Promotions") or Materials, including advice,
ratings, and recommendations contained on, distributed through, or linked,
downloaded or accessed from the HOLYFAMILYONLINE.COM Web sites.
References that we make to any names, marks, products or services of third
parties or hypertext links to third party sites or information do not constitute
or imply our endorsement, sponsorship or recommendation of the third party, of
the quality of any product or service, advice, information or other materials
displayed, purchased, or obtained by you as a result of an advertisement or any
other information or offer in or in connection with the HOLYFAMILYONLINE.COM
Web sites (the "Products").
CONTENT DISCLAIMER
HOLYFAMILYONLINE.COM communicates information provided and created by
advertisers, content partners, software developers, publishers, marketing agents,
resellers and other third parties. HOLYFAMILYONLINE.COM has no control over the
accuracy of such information on our pages, and material on the HOLYFAMILYONLINE.COM
Web site may include technical inaccuracies or typographical errors.
We make no guarantees, nor can we be responsible for any such information,
including its currency, content, quality, copyright compliance or legality, or
any resulting loss or damage.
All of the data on Products and Promotions including but not limited to, the
prices and the availability of any product or service or any feature thereof,
is subject to change without notice by the party providing the Product or
Promotion. You should use discretion while browsing the Internet.
HOLYFAMILYONLINE.COM reserves the right, in its sole discretion and without any
obligation, to make improvements to, or correct any error or omissions in, any
portion of the Sites. Where appropriate, we will endeavor to update information
listed on the Web site on a timely basis, but shall not be liable for any inaccuracies.
Links to external Internet sites are provided within the content on the Site as
a convenience to users. The listing of an external site does not imply
endorsement of the site by HOLYFAMILYONLINE.COM or its affiliates. HOLYFAMILYONLINE.COM
does not make any representations regarding the availability and performance of
its Web site or any of the Web sites to which we provide links. When you click
on advertiser banners, sponsor links, or other external links from the Site,
your browser automatically may direct you to a new browser window that is not
hosted or controlled by HOLYFAMILYONLINE.COM. HOLYFAMILYONLINE.COM and its
affiliates are not responsible for the content, functionality, or technological
safety of these external sites.
We reserve the right to disable links to or from third-party sites to our Site,
although we are under no obligation to do so. This right to disable links
includes links to or from advertisers, sponsors, and content partners that may
use our Marks as part of a co-branding relationship.
Some external links may produce information that some people find
objectionable, inappropriate, or offensive. We are not responsible for the
accuracy, relevancy, copyright compliance, legality, or decency of material
contained in any externally linked Web sites. We do not fully screen or
investigate business listing Web sites before or after including them in
directory listings that become part of the Materials on our Site, and we make
no representation and assume no responsibility concerning the content that third
parties submit to become listed in any of these directories.
WARRANTY DISCLAIMER
Any use of the HOLYFAMILYONLINE.COM Web site, reliance upon any Materials, and
any use of the Internet generally shall be at your sole risk. HOLYFAMILYONLINE.COM
disclaims any and all responsibility or liability for the accuracy, content,
completeness, legality, reliability, or operability or availability of
information or material displayed in the HOLYFAMILYONLINE.COM results.
THE SITE (INCLUDING MATERIALS AND INFORMATION THEREIN) ARE PROVIDED "AS
IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
HOLYFAMILYONLINE.COM AND ITS VENDORS DISCLAIMS, TO THE FULLEST EXTENT PERMITTED
UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMLINESS,
ACCURACY AND PERFORMANCE OF THE SITE AND MATERIALS. HOLYFAMILYONLINE.COM DOES
NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT
IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
HOLYFAMILYONLINE.COM AND ITS VENDORS DISCLAIM ANY AND ALL WARRANTIES TO THE
FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS,
OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECIEVED THROUGH ANY LINKS
PROVIDED BY OR THROUGH THE SITE.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU, YOU MAY ALSO HAVE
OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
LIMITATION OF LIABILITY
IN NO EVENT SHALL HOLYFAMILYONLINE.COM NOR ITS VENDORS BE LIABLE TO ANY USER ON
ACCOUNT OF SUCH USER'S USE, MISUSE OR RELIANCE ON THE SITE FOR ANY DAMAGES
WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR
INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA
WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT
(INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF HOLYFAMILYONLINE.COM ARE AWARE
OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR
CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE SITE, THE
MATERIALS OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE
UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY SITE. HOLYFAMILYONLINE.COM
AND ITS VENDORS DO NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE
ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR
PROCESS DISCLOSED ON THE SITE OR OTHER MATERIAL ACCESSIBLE FROM THE SITE
THE USER OF THIS SITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS
SITE AND THE INTERNET GENERALLY.
THE FOREGOING LIMITATIONS SHALL APPLY TO ANY FAILURE OF THE ESSENTIAL PURPOSE
OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF
CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO
ALL USERS; IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED
BY LAW.
THIRD PARTY SITES
Your correspondence or business dealing with or participation in the sales
promotions of advertisers or service providers found on or through the Site,
including payment and delivery of related goods or services, and any other
terms, conditions, and warranties or representations associated with such
dealings, are solely between you and such advertisers
or service providers. You assume all risks arising out of or resulting from
your transaction of business over the Internet, and you agree that we are not
responsible or liable for any loss or result of the presence of information
about or links to such advertisers or service providers on the Site. You
acknowledge and agree that we are not responsible or liable for the
availability, accuracy, copyright compliance, legality, decency or any other
aspect of the content, advertising, products, services, or other materials on
or available from such sites or resources. You acknowledge and agree that your
use of these linked sites is subject to different terms of use than these
Terms, and may be subject to different privacy practices than those set forth
in the Privacy Policy governing the Site. We do not assume any responsibility
for review or enforcement of any local licensing requirements that may be
applicable to businesses listed on the Site.
MONITORING OF MATERIALS TRANSMITTED BY YOU
Changes may be periodically incorporated into this Site. HOLYFAMILYONLINE.COM
may make improvements and/or changes in the products, services and/or programs
described in these Sites and the Materials at any time without notice.
We are under no obligation to monitor the material residing on or transmitted
to this Site. However, anyone using this Site agrees that HOLYFAMILYONLINE.COM
may monitor the Site contents periodically to (1) comply with any necessary
laws, regulations or other governmental requests; (2) to operate the Site
properly or to protect itself and its users. HOLYFAMILYONLINE.COM reserves the
right to modify, reject or eliminate any material residing on or transmitted to
its Site that it, in its sole discretion, believes is unacceptable or in
violation of the law or these Terms and Conditions.
DELETIONS FROM SERVICE
HOLYFAMILYONLINE.COM will delete any materials at the request of the user who
submitted the materials. HOLYFAMILYONLINE.COM reserves the right to delete (or
to refuse to post to public forums) any materials it deems detrimental to the
system or is, or in HOLYFAMILYONLINE.COM's opinion
may be, defamatory, infringing or violate of applicable law. HOLYFAMILYONLINE.COM
reserves the right to exclude Material from the Site. Materials submitted to HOLYFAMILYONLINE.COM
for publication on the Site may be edited for length, clarity and/or
consistency with HOLYFAMILYONLINE.COM Editorial Standards.
INDEMNIFICATION
You agree to indemnify and hold us and (as applicable) our parent,
subsidiaries, affiliates, officers, directors, agents, and employees, and its
vendors harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of your breach of these
Terms, your violation of any law, or your violation of the rights of a third
party, including the infringement by you of any intellectual property or other
right of any person or entity. These obligations will survive any termination
of the Terms.
INTELLECTUAL PROPERTY COMPLAINTS
We do not make it our responsibility to monitor the use of trademarks,
copyrights or other rights of third parties. We may, however, in appropriate
circumstances and at our discretion, remove, suspend, terminate access, or take
other appropriate action against users, members or other third parties who
infringe the copyright rights of others. Therefore, if you reasonably believe
that any Materials on this Site contains unauthorized reproductions of your
copyrighted work or trademarks, or links to sites containing unauthorized
reproductions of your copyrighted work or trademarks, and you want us to take
any action, then you must provide the following information to us (as required
under the Digital Millennium Copyright Act (17 U.S.C. sec. 512)):
- A physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed;
- Identification of the copyrighted work claimed to have
been infringed;
- Identification of the material that is claimed to be
infringing or to be the subject of infringing activity and that is to be
removed or access to which is to be disabled, and information reasonably
sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to
contact you, such as an address, telephone number and e-mail address;
- A statement that you have a good faith belief that the
use of the material in the manner complained of is not authorized by the
copyright owner, its agent or the law;
- A statement that the information in the notice is
accurate, and under penalty of perjury, that you are authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
Please e-mail this information to legal@HOLYFAMILYONLINE.COM.
MISCELLANEOUS
These Terms will be governed by and construed in accordance with the laws of
the State of California, without giving effect
to its conflict of laws provisions or your actual state or country of
residence, and you agree to submit to personal jurisdiction in San Francisco County California. You agree to exclude, in its
entirety, the application to these Terms of the United Nations Convention on
Contracts for the International Sale of Goods. You are responsible for
compliance with applicable laws.
If for any reason a court of competent jurisdiction finds any provision or
portion of the Terms to be unenforceable, the remainder of the Terms will
continue in full force and effect.
These Terms constitute the entire agreement between us and supersedes and
replaces all prior or contemporaneous understandings or agreements, written or
oral, regarding the subject matter of these Terms.
Any waiver of any provision of the Terms will be effective only if in writing
and signed by you and HOLYFAMILYONLINE.COM. HOLYFAMILYONLINE.COM reserves the
right to investigate complaints or reported violations of these Terms and to
take any action we deem necessary and appropriate. Such action may include
reporting any suspected unlawful activity to law enforcement officials,
regulators, or other third parties. In addition, we may take action to disclose
any information necessary or appropriate to such persons or entities relating
to user profiles, e-mail addresses, usage history, posted materials, IP
addresses and traffic information. HOLYFAMILYONLINE.COM reserves the right to
seek all remedies available at law and in equity for violations of these Terms.
|
