3. Content, License and Restrictions on Use
All audio and visual information, images, photographs, video, text, documents, products and other materials contained or displayed in, or made available through, the Site (the “Content”) are owned by WCHS, its affiliates and/or its third party licensors.
You are hereby granted a personal, non-exclusive, non-transferable license to, solely for your own personal use and benefit: (a) access, view, download, store, print, copy, use, analyze, reformat, distribute and display Content; and (b) use the tools and software on the Site. You may not, except as expressly authorized in these TOU: (a) remove or destroy any proprietary rights marks or legends on or in the Site or any Content; (b) reproduce, modify, enhance, adapt, translate, distribute, or create derivative works of the Site or any Content; (c) transfer, assign, sublicense, rent, lease or sell the Site or Content; (d) decompile, disassemble, or reverse engineer the Site; and/or (e) “frame” or “mirror” any Content contained on, or accessible through, the Site on any other server or Internet-based device.
Except for the license granted above, you have no right, title or interest in or to the Site or any Content. WCHS, its affiliates and/or third party licensors have and retain all proprietary rights, title and interests, including all intellectual property rights, in and to the Site and Content. All rights not expressly granted by WCHS to you are retained by WCHS, and you may not use the Site and/or any Content in any manner or for any purpose not expressly authorized by these TOU.
4. Access to Protected/Secure Areas.
You may receive a password permitting access to secure areas of the site(s) operated by the Diocese. You are responsible for maintaining the confidentiality of your password. You shall be responsible for all uses of your password, whether or not authorized by you. You agree to immediately notify the Diocese of any unauthorized use of your password. Diocese cannot and will not be liable for any loss or damage arising from your failure to comply with this section. Access to and use of password protected and/or secure areas are restricted to authorized users only. Unauthorized individuals attempting to access these areas may be subject to prosecution.
5. Trademarks and Logos
“West Catholic High School” and all other marks and logos used in association with the Site and/or Content (“Marks”) are trademarks of WCHS, its affiliates or third parties. You may not display, copy, redistribute or use any of the Marks in any manner, except as permitted by law.
6. Links To Other Sites
Please exercise discretion while browsing the Internet and using the Site. You should be aware that when you are on the Site, you could be directed to other sites that are beyond WCHS’s control. WCHS provides any such links to you only as a matter of convenience. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. Unless expressly stated on the Site, WCHS is not affiliated with, and WCHS does not endorse or sponsor, any sites on the Internet that are linked through or to the Site. WCHS makes no representations or warranties concerning the content of sites linked through or to the Site, or their information gathering, use or dissemination practices. In no event shall WCHS be responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites linked through or to the Site, and in no event shall WCHS be responsible or liable for any content, products, or other materials on or available from or through such sites.
7. Prohibited Activities
You agree to abide by all applicable local, state, and federal laws, regulations, statutes, rules and ordinances, in connection with your use of the Site and Content. Without limiting the foregoing, you shall not use the Site or Content to: (a) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (b) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses; (c) transmit through or post on the Site unlawful, harassing, libelous, abusive, bigoted, hateful, racially offensive, tortuous, defamatory, threatening, harmful, invasive of another’s privacy, vulgar, obscene or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; (d) transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, trade secret, copyright or right of publicity; (e) transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs or cancelbots; (f) interfere with or disrupt servers or networks connected to the Site or violate the regulations, policies or procedures of such networks; (g) attempt to gain unauthorized access to the Site or computer systems or networks connected to the Site through password mining or any other means; (h) harass or interfere with another user’s use and enjoyment of the Site; or (i) advocate illegal activity or discuss illegal activities with the intent to commit them.
8. Forums, Chat Room And/Or Other Social Networking Tools
Forums, chat rooms, bulletin boards, newsgroups, communities or other social networking tools may, from time to time, be located in, or made available for access through, the WCHS Web site (collectively, “Social Networking Services”). You must be eighteen (18) or over to use forums, chat rooms, or other social networking tools that may be accessed through the WCHS Web sites. By accessing such Social Networking Services you agree to these conditions of use, and, further, you warrant that you are eighteen (18) years of age or older and have the authority and the right to enter into this agreement. Postings to any message board, bulletin board, chat-room, forum or other Social Networking Service, located in or accessed through this Site will not be protected as confidential, and WCHS may use and provide information contained in any such postings (including any remarks, suggestions, ideas, concepts, know-how or other intellectual property) for any purpose whatsoever and as deemed appropriate by WCHS. By providing any such information or materials to WCHS , you grant to WCHS an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, and display such information and materials, and you agree that WCHS is free to use any remarks, suggestions, ideas, concepts, know-how or other intellectual property. You acknowledge and agree that you are responsible for whatever material you submit and you agree not to post or otherwise disseminate any unlawful, defamatory, libelous, threatening, obscene, harassing, vulgar or otherwise unlawful information of any kind, or materials that incorporate the proprietary rights of any person. You understand and agree that WCHS shall have no liability for any information or material contained on a bulletin board, message board, forum or other Social Networking Service posting site.
You agree to use the Social Networking Services only to post, send and receive messages and material that are proper and related to the particular Social Networking Service. By way of example, and not as a limitation, you agree that when using a Social Networking 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 Social Networking Service specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Download any file posted by another user of a Social Networking 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 Social Networking Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Social Networking Service.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Violate any applicable laws or regulations.
9. Editorial control
WCHS reserves the right to delete or edit any content submitted to any Social Networking Service, as it deems necessary, but you agree that WCHS has no obligation to do so.
You agree that the administrators and authorized moderators, if any, of a Social Networking Service have the right to remove, edit, move, or close any topic at any time should they see fit or if they are deemed to violate these terms. You acknowledge that all posts made to a Social Networking Service express the views and opinions of the author and do not represent WCHS. Therefore, WCHS will not be held liable for any forum content or claims arising from Social Networking Service content whether or not arising under the laws of copyright, defamation, privacy, obscenity or otherwise.
10. Interactions with others through Social Networking Services
Always use caution when giving out any personally identifying information about yourself or your children in any Social Networking Service. WCHS does not necessarily control or endorse the content, messages or information found in any Social Networking Service, and, therefore, WCHS specifically disclaims any liability with regard to any Social Networking Services and any actions resulting from your participation in any Social Networking Service. Managers, moderators, and hosts of Social Networking Services are not necessarily authorized spokespersons of the WCHS, and their views do not necessarily reflect those of WCHS.
By responding to or otherwise acting upon a posting of another user, you waive any claims against WCHS for damages arising from such response or reliance upon statements in such other user’s posting(s). WCHS assumes no responsibility or legal liability for any loss, injury, or problems you may suffer as a result of any contact with anyone you meet through WCHS, this Web site or any Social Networking Service. Any and all exchange of personal information, including, but not limited to, addresses and telephone numbers with others, by e-mail, at a WCHS-sponsored event or otherwise is completely voluntary on the part of the users. Any exchange of personal information by members is based on the sole discretion and risk of the users.
By uploading or providing any Postings, suggestions, information, ideas, feedback, recommendations or other information and/or materials (collectively, “Submissions”) to any Forum or to WCHS directly, you automatically grant (or warrant that the owner of such materials expressly grants) WCHS and its affiliates a perpetual, royalty-free, paid-up, worldwide, irrevocable, non-exclusive, unrestricted right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such Submissions, and/or incorporate such Submissions into any form, medium, or technology now known or later developed throughout the world. In addition, you warrant that all so-called “moral rights” in those materials have been waived.
You shall indemnify, defend and hold WCHS, its licensors and information providers, and each such party’s parents, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents, harmless from and against any and all claims, actions, proceedings, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) arising out of or in connection with (a) your use of the Site and/or Content; and/or (b) your breach of these TOU and/or violation of any applicable law or right of a third party.
13. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
YOUR USE OF THE SITE AND CONTENT IS AT YOUR OWN RISK. THE SITE AND CONTENT ARE PROVIDED TO YOU ON AN “AS IS” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND OR NATURE. WITHOUT LIMITING THE FOREGOING, NEITHER WCHS, ITS LICENSORS NOR ANY INFORMATION PROVIDERS MAKE ANY REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SITE AND/OR CONTENT, OR THAT THE USE OF THE SITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA.
ALL OTHER CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY WCHS, ITS LICENSORS, AND INFORMATION PROVIDERS. Some jurisdictions do not allow the exclusion of implied warranties such that the above exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from jurisdiction to jurisdiction.
REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, IN NO EVENT SHALL WCHS, ITS AFFILIATES, LICENSORS OR INFORMATION PROVIDERS BE LIABLE OR RESPONSIBLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, IN ASSOCIATION WITH THESE TOU, YOUR USE OF THE SITE AND/OR CONTENT, YOUR RELIANCE ON THE INFORMATION, DATA, ADVICE AND/OR MATERIALS CONTAINED IN OR MADE AVAILABLE TO YOU THROUGH THE SITE AND/OR CONTENT; AND/OR THE ACTIONS OR OMISSIONS OF WCHS, REGARDLESS OF WHETHER WCHS IS AWARE OF THEIR POSSIBILITY.
YOU UNDERSTAND THAT THE DISCLAIMER OF WARRANTIES AND THE LIMITATIONS OF LIABILITY ARE ESSENTIAL TO ALLOW WCHS TO PROVIDE THE SITE AND CONTENT SET FORTH HEREIN. YOU UNDERSTAND AND AGREE THAT BUT FOR THESE PROVISIONS, WCHS WOULD NOT MAKE THE SITE AND/OR CONTENT AVAILABLE TO YOU.
14. Third Party Interaction
Because WCHS is not and cannot be a party in your communications, interactions and/or transactions with advertisers, sponsors, third-party content providers, other users or other third parties on or through the Site, in the event that you have a dispute with one or more such third parties, you acknowledge that your sole and exclusive remedies are against such third parties. You expressly covenant not to sue WCHS in association with such disputes, and hereby release WCHS, its subsidiaries, affiliates, officers, directors, agents, and employees from any and all claims, demands, suits, expenses, fees (including attorneys’ fees), judgments, penalties, fines and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
15. Jurisdictional Issues
WCHS makes no representation that Content, materials or information on the Site is appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws.
16. Governing Law and Venue
In order to ensure consistency in the interpretation and enforcement of these TOU and WCHS’s rights in the Site, Content and other proprietary materials, these TOU will be governed exclusively by Michigan law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You expressly agree that any litigation arising between the parties related, in any way, to these TOU, the Site, the Content and/or any and all disputes, actions, claims, or causes of action related thereto shall be initiated and maintained only in the U.S. District Court for the Western District of Michigan, and/or Circuit Court of the County Kent, Michigan. You expressly consent and irrevocably submit to the exclusive personal jurisdiction and venue of such courts.
17. General Provisions
If any provision of these TOU is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be modified to the extent necessary to be valid and enforceable, and all other provisions of these TOU shall remain in full force and effect. The failure of WCHS to enforce any right or provision in these TOU shall not constitute a waiver of such right or provision unless acknowledged and agreed to by WCHS in writing. No waiver shall be implied from a failure of either party to exercise a right or remedy. In addition, no waiver of a party’s right or remedy will effect the other provisions of these TOU.