Catholic Charities USA (“CCUSA”) grants you (“You” or “User,” collectively “Users”) a non-exclusive, non-transferable, permission to display the webpages and access content hosted on the CCUSA website (“Website”) subject to the restrictions in this Terms of Service agreement (“TOS”). This TOS is a legally binding contract between You and CCUSA governing the access and use of the services offered, and all information, content, media, content, printed materials and other electronic documentation accessible from www.catholiccharitiesusa.org, any sub-domains thereof (each of which constituting a part of the Website), regardless of whether any such materials or services are provided in a publicly-accessible or a Members-only section of the Website.
The Website is offered by CCUSA to Users free of charge on the express condition that Users accept and abide by the TOS. Access and use of the Website is conditioned upon continued compliance with the TOS and use of the Website constitutes acceptance of the TOS. CCUSA expressly reserves the right to change the TOS at any time by reasonable notice, including without limitation by posting revised terms on the Website (which shall constitute reasonable notice), and any such amended terms shall be binding upon Users upon posting.
All works of authorship hosted on the Website which have been generated by CCUSA or on its behalf by employees, agents or contractors, including, but not limited to, any designs, text, sound recordings, images, icons, and the overall appearance of the Website or sections thereof, are the sole and exclusive property of CCUSA. The posting of such works on the Website does not constitute a waiver of any of CCUSA’s intellectual property or proprietary rights, including, but not limited to, copyrights, trademarks, service marks, patents and other intellectual property or proprietary rights, or a transfer by implication, estoppel or otherwise of any such rights or of any license to Users of the Website or to any third party. The contents of the Website are protected by U.S. and foreign copyright laws, both as individual works and in some instances as collections, as well as by U.S. and foreign trademark laws. By using this Website, You agree not to utilize any copyright, trademark, proprietary or confidential information contained therein in a manner inconsistent with the TOS or in violation of any U.S. or foreign law governing the protection of intellectual property or proprietary rights.
No material from the Website may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way without CCUSA’s express consent. CCUSA grants Users the right to view and print information, documents and webpages located on the Website for personal use but not for any for-profit or commercial activities, provided that: (a) any copies of the Website or sections thereof must retain any copyright, intellectual property, proprietary or other notices or disclaimers contained in the original materials, (b) Users must give attribution to CCUSA and if possible provide a reference to CCUSA’s main website www.catholiccharitiesusa.org, (c) the material must be printed in its entirety without modification, reformatting, adaptation or adjustment, and (d) if the material is combined with other materials, Users must clearly designate which portion of the complete work is CCUSA’s material. Any User that shares the printed materials with others must advise the recipient as to the TOS and they must agree to abide by the TOS. Failure to comply with these conditions will immediately terminate this permission and may result in the infringement or violation of copyrights, trademarks or other proprietary rights owned by CCUSA.
The Website may be configured to allow Users to publish user-generated content, in one or more CCUSA Members-only sections, restricted CCUSA community of practice areas that may be open to Members and non-Members, and other forums or messaging systems for Users or in a publicly-accessible section of the Website. User-generated content may include, but is not limited to: posts, profiles, blogs, e-mail, files, photos, videos, or other material. The information provided in user-generated content is not guaranteed to be accurate and is no way endorsed, offered or guaranteed by CCUSA.
You agree that access and use of the Website is expressly conditioned upon your agreement to accept sole responsibility for any user-generated content that You publish to the Website. You assume all risks associated with any such content, including the risk of third party reliance on its quality, accuracy, or reliability, or any disclosure by you of personally identifiable information. You represent that you own, or have the necessary permissions to use and authorize the use of any such content. You may not imply that any user-generated content published by yourself or another User is in any way sponsored or endorsed by CCUSA.
Rights in and to any such personal user-generated content may be the property of the User that uploaded the content and/or to any third parties associated with the creation of such content, as the case may be. CCUSA prohibits Users from publishing any content that infringes the intellectual property or proprietary rights of any third parties and CCUSA shall not be held liable for the infringement or violation of any such third party rights resulting from the publishing of such user-generated content. It is solely the User’s responsibility to verify that any content published to the Website is not subject to any third party rights (e.g., which may prohibit the copying, publishing, or distribution of the content being published). CCUSA does not actively monitor user-generated content uploaded to or published to the Website. However, CCUSA may remove or block access to any user-generated content for any reason, or take other action with respect to any such material at its sole discretion, although CCUSA is under no obligation to do so.
You expressly agree that any user-generated content that you publish to the Website is not false, intentionally misleading, defamatory, abusive, vulgar, hateful, harassing, obscene, profane, sexually-oriented, threatening, invasive of a person’s privacy, or otherwise in violation of any law. You further expressly agree that such content does not: violate any third-party right, including any copyright, trademark, patent, trade secret, moral right, confidentiality right, privacy right, right of publicity, or any other intellectual property or proprietary right; contain material that is unlawful, including illegal hate speech or pornography; exploit or otherwise harm minors; or violate or advocate the violation of any U.S. or foreign law. You may expose yourself to liability by failing to abide by this requirement and CCUSA shall bear no responsibility for any such user-generated content. Furthermore, Users that publish user-generated content which violates this provision or any other requirement of the TOS may be banned from the Website or have their access to the Website (or services provided the Website) restricted, without warning and at CCUSA’s sole discretion.
In accordance with the U.S. Childrens’ Online Privacy Protection Act of 1998 (COPPA), Users are not permitted to publish any user-generated content intended for children under the age of 13 without the express written permission of CCUSA. Users are also not permitted to collect personal information from children under the age of 13. You expressly agree to act in accordance with these provisions when posting any user-generated content to the Website.
By publishing user-generated content to the Website, you expressly agree that CCUSA may use such content, including but not limited to by publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, and distributing it. As such, you hereby irrevocably grant CCUSA a world-wide, non-exclusive, royalty-free, sublicensable, transferable right to use such content for any purpose. You also irrevocably grant other Users of the Website the right to access such content in connection with their use of the Website. Finally, you irrevocably waive, and cause to be waived, against CCUSA or any other party (including other Users), any claims and assertions of moral rights or attribution with respect to such content. The term “use” in this context is expressly understood to include the right to use, copy, publicly perform or display, distribute, modify, translate, and create derivative works based on such content.
CCUSA may provide links to other Internet websites or resources. CCUSA may also permit Users to post links to other Internet websites or resources (e.g., in user-generated content). In either case, CCUSA, its agents, or any other parties involved in the preparation or publication of this Website shall not be responsible for the content of any linked website or any link contained in a linked website, or any changes or updates to such websites, nor does CCUSA endorse any such links or other related materials. It is the responsibility of Users to take precautions when accessing any linked websites or content hosted on third party websites.
Your access to any such Members-only areas, content, or other Website functionality that requires registration is granted solely at CCUSA’s discretion. In consideration of this access, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction. You further agree to: (a) provide true, accurate, current and complete information about yourself when prompted and (b) maintain and promptly update your information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if CCUSA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CCUSA may, in its sole discretion, suspend or terminate your access to any such Members-only areas, content, or functionality and refuse any and all current or future use of the Website (or portion thereof).
You acknowledge, consent and agree that CCUSA may access, preserve and disclose your account information and user-generated content if required to do so by law or if CCUSA believes that such access, preservation, or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the requirements of the TOS; (c) respond to claims that any such content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of CCUSA, other Users, or the public.
In addition to any other general guidelines for user-generated content provided herein, registered Users expressly agree not to upload, publish, post, e-mail, transmit or otherwise make available on the Website any content that:
(a) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
(b) infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
(c) the User does not have a right to make available (e.g., proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(d) contains unsolicited or unauthorized advertising, promotional materials (e.g., “junk mail,” “spam,” or any other form of solicitation); or
(e) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware.
Users further agree not to: (a) impersonate any person or entity, including, but not limited to a CCUSA official, forum administrator, or falsely state or otherwise misrepresent your affiliation with a person or entity; (b) to “stalk” or otherwise harass other registered Users of the Website; or (c) collect or store personal data about other Users.
Registered Users that violate any of the requirements of the TOS, or who upload, publish, post, e-mail, transmit or otherwise make available any content that is found to be objectionable, inflammatory, or abusive to other registered Users or CCUSA staff may have their accounts limited, suspended or terminated by CCUSA. Similarly, any determination regarding whether content is objectionable, inflammatory, or abusive is made at CCUSA’s sole discretion
Users acknowledge and agree that CCUSA is not responsible for monitoring user-generated content. CCUSA and its designees shall, however, have the right (but not the obligation) in their sole discretion to pre-screen, refuse, edit, or remove any user-generated content that is available on the Website or services provided in connection with the Website. Users further agree to assume all risks associated with the use of any user-generated content including any reliance on the accuracy, completeness, or usefulness or such content.
CCUSA may collect personal or aggregate information about Users of the Website. Personal information includes, for example, your name, email address, mailing address, phone number or other information or preferences that you voluntarily provide to CCUSA (e.g., when registering for an account). Personal information also includes the username or password used to create a registered account necessary to access Members-only areas or services. CCUSA agrees to maintain the confidentiality of personal information in accordance with the exceptions described herein.
In accordance with COPPA, CCUSA does not knowingly request or solicit personally identifiable information from anyone under the age of 13 without prior verifiable parental consent, and so does not intentionally collect personal information from children in violation of COPPA. However, if CCUSA receives actual knowledge that it has collected such personal information without the requisite and verifiable parental consent, CCUSA will delete that information from the Website as quickly as is reasonably practical.
From time to time, CCUSA may be required to disclose personal information in response to a valid court order, subpoena, government investigation, or as otherwise required by law, or if CCUSA reasonably believes that a User has committed unlawful acts or acts may endanger the health or safety of another User or the general public. CCUSA also reserves the right to report to law enforcement agencies any activities that CCUSA, in good faith, believe to be unlawful.
Aggregate information is non-personally identifiable or anonymous information about Users, such as but not limited to the frequency that certain webpages are accessed by Users and the amount of time spent on individual webpages or sections of the Website, the number of visits to the Website by Users, types of browsers used by Users, cookie preferences, and search terms entered by Users. Aggregate information is used in a collective manner, and no single person can be identified by the compiled information.
Notice of Claims of Intellectual Property Infringement
CCUSA complies with the provisions of the Digital Millennium Copyright Act (DMCA). As described elsewhere herein, the Website may from time to time feature user-generated content or content published to the Website by third parties (e.g., CCUSA partners or affiliates). CCUSA does not authorize or permit the use of content on the Website that infringes on the intellectual property rights or other proprietary rights of others, and will remove any such content if properly notified in accordance with the procedure set forth in the TOS. If you believe that any of the content on the Website infringes your copyright or trademark rights or violates your right of publicity or other proprietary rights, please contact CCUSA’s agent for the notice of any claim of infringement of any copyright or trademark or other proprietary rights, who can be reached using the contact information provided below:
CATHOLIC CHARITIES USA
ATTN: CHIEF OPERATING OFFICER
2050 BALLENGER AVENUE
ALEXANDRIA, VA 22314
Please include the following information with your request in order to expedite processing:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of at least one exclusive right that is allegedly infringed.
2. An identification of the copyrighted work, trademark or proprietary right claimed to have been infringed, or, if you believe that multiple works, marks or proprietary rights have been infringed on the Website, a representative list of such works, trademarks or publicity rights.
3. An identification of the published material that is allegedly infringing or otherwise the subject of infringing activity for which you request removal, and information reasonably sufficient to permit CCUSA to locate any such material.
4. Information reasonably sufficient to permit CCUSA to contact you (e.g., an address, telephone number, or an e-mail address) in connection with the request.
5. A statement that you in good faith believe that use of the material in the manner complained of is not authorized by the owner, its agent, or otherwise permissible by law.
6. A statement that the information in the notification is accurate, and that, under penalty of perjury, you are authorized to act on behalf of the owner of the intellectual property or proprietary right that is allegedly infringed.
Upon receipt of a request containing the information described above, CCUSA shall investigate the matter and take appropriate action to remove any content found to infringe or violate any third party rights.
Disclaimer of Warranty and Liability
You understand that, except for information, products, or services clearly identified as being supplied by the CCUSA, CCUSA does not review, operate, or control any material, information, products or services on the Website or on the Internet. The Website is provided on an “as is” and “as available” basis. CCUSA makes no representations or warranties of any kind, express or implied, regarding the availability, operation, or administration of the Website or the information or content on it. CCUSA does not make any express or implied warranties, representations, or endorsements whatsoever in connection with user-generated content published to the Website, other websites accessed by links posted on the Website, or the Internet generally. To the full extent permitted by applicable law, CCUSA specifically disclaims all such warranties, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. CCUSA will not be liable for any damages of any kind arising from the use or inability to use the Website. You expressly agree that you use the Website solely at your own risk.
In no event shall CCUSA be liable for any injury, loss, claim, damage, or any incidental or consequential damages arising either directly or indirectly out of or in any way connected with the Website, or any failure or delay in updating or including any materials on the Website, or any use of or inability to use any materials on the Website, even if CCUSA has been advised of the possibility of such damages.
Right to Restrict Access, Remove Content and Discontinue Service
CCUSA has the right to restrict Users’ access to the Website, including individual areas or services provided by the Website, for any reason. CCUSA has the right (though not the obligation) in its sole discretion to refuse or remove any user-generated content at any time that violates the TOS or any CCUSA policy, or applicable federal or state statutes, or common law. CCUSA also reserves the right to modify, suspend or discontinue the Website, with or without notice, at any time and without any liability to Website Users.
You agree that if CCUSA does not exercise or enforce any legal right or remedy that is contained in the TOS (or for which CCUSA is entitled under any applicable law), this will not be construed as a waiver of these rights and remedies.
The state and federal courts located in Alexandria, Virginia will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to the TOS, including their formation as a contract or their enforcement. Each party hereby consents and submits to the exclusive jurisdiction of such courts. Each party also hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to the TOS. In any action or proceeding to enforce rights under the TOS, the prevailing party will be entitled to recover its reasonable costs and attorney’s fees.
If any one or more of the provisions of this TOS are held to be invalid, illegal or unenforceable in any respect for any reason, the validity, legality and enforceability of any such provision or provision in every other respect and of the remaining provisions of this TOS shall not be in any way impaired.
This TOS will continue to apply until terminated by either You or CCUSA. CCUSA may at any time terminate its legal agreement with You and your right to access and use the Website if you have breached any provision of the TOS, if CCUSA is required to do so by law, or if CCUSA no longer maintains the Website and is terminating the service.