Terms of Service
Terms of ServiceWe welcome you to the Katolik.com Service and ask you to review these Terms of Use. Katolik.com is a community Website which is operated by you (we, us) with the general goal of uniting Catholics around the world. Some Services this Website offers, but not limited to, are to offer friends an opportunity to meet and connect to friends-of-friends in a known, trusted environment and save valuable time in connecting with the best people, leads and information, to find a community in your area that is most suitable to you, to find mass times in your local church, to find more information about Catholics and to ask questions and find answers about Catholicism. However, the Website and Service is not limited only to Catholics. Every individual who is interested in the Website and its Services may become a Member at anytime by registering on the sign up page.To become a Member of the Katolik.com and/or to use all of its Services, you must read and accept all of the terms and conditions of this Agreement by following the instruction on the sign-up page. The Privacy Policy and any notices sent to you or posted on the Website is constituted as a part of this Agreement. If you do not wish to agree to be bound by the terms after you read this Agreement, you may not be a Member and may not use the Katolik.com Service. By using the Website and Service, you (whether or not you are a Member) agree to be bound by these Terms and Conditions.If you decide to register for the Service, you must complete the Katolik.com registration screen. As part of the registration process for the Service, you agree to: (a) provide certain limited information about you as prompted to do so by the Service (such information to be current, complete and accurate); and (b) maintain and update this information as required to keep it current, complete and accurate. The information requested upon original sign up shall be referred to as registration data ("Registration Data"). Katolik.com reserves the right to delete accounts created by users who appropriate the name, likeness, email address, or other personally identifiable information of another individual. Katolik.com reserves the right to refuse any of the Service to any user.You agree that we may modify the terms of this Agreement or the Privacy Policy, in our sole discretion, by posting amended terms to this Web site. Your (whether or not you are a Member) continued use of the Service indicates your acceptance of the amended Terms of Service Agreement. You understand and agree to the following:1. Eligibility. Use of and Membership in the Katolik.com Services is void where prohibited. (a) If you choose to register, you must submit a valid e-mail address and select a password and user name during the registration process; (b) Your use of the Website and Service does not violate any applicable law or regulation and (c) You are at least 16 years of age. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 16 years of age. 2. Member Account, Password, and Security. (a) You are responsible for maintaining the confidentiality of your Member name and password, and all uses of your account - whether or not you've authorized such use; (b) You agree to notify Katolik.com immediately of any unauthorized use of your account and (c) You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party.3. Term. This Agreement will remain in full force and will not be entitled to any refund of unused subscription fees, if any. Even after membership is terminated, certain sections of this Agreement will remain in effect. See Section 4 below for a list of the provisions of this Agreement that will survive the termination of your membership.4. Survival. Although this Agreement may be terminated by you or us at any time and for any reason, the terms of the following sections of this Agreement will survive any such termination, and you and we will continue to be bound by such terms indefinitely: Section 3 (Term), Section 4 (Survival), Section 10 (Disputes), Section 11 (Member Disputes), Section 14 (Further Restrictions), Section 15(Disclaimers On Warranties), Section 16 (Limitation on Liability), Section 17 (Indemnity), and Section 18 (Other).5. Non Commercial Use by Members. The Service and the Website are for the personal use of individual Members only. You may not use the Website or the Service in connection with any commercial endeavors without our express written consent in each case. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose. No Member may copy, transfer, or use any names, photos, links, text, data, or other content belonging to or posted by Katolik.com or other Members for the purpose of selling, engaging in, marketing, or promoting any other product or Service. Illegal and/or unauthorized uses of the Website, including collecting usernames, e-mail addresses, or other personally identifiable information of Members by electronic or other means for the purpose of sending unsolicited e-mail, unauthorized framing of or linking to the Website, or any other use not expressly permitted in this Agreement will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. In addition to the above restrictions, you may not authorize, enable or otherwise grant to any other person, organization, company, or business access to your Katolik.com profile or other content uploaded on the Website for the purpose of extracting such information or other content.6. Content Posted. (1) You are fully responsible for any content you post on the Katolik.com or transmit to other Members, including, but not limited to, photos, personal profile(s), message boards, community, events, testimonials, e-mail messages - and the consequences of any such content. If you become aware of misuse of the Katolik.com Website and Services by any person, please click "Report Inappropriate Content" that can be found on every user generated content page. (2) You understand and agree that Katolik.com may review from time to time and delete any content that violates this Agreement or which might be offensive, illegal, or harm the safety of or violate the rights of other users, Members, and the Website itself.7. Prohibited Content/Activity. The following is a partial list of Content/Activity that is illegal or prohibited to post on or through the Website and Services. Katolik.com reserves the right to investigate and take appropriate legal action against anyone who, in Katolik.com’s sole discretion, violates this provision, including without limitation, removing the offending communication from the Website and Services and terminating the Membership of such violators. Prohibited Content/Activity includes, but is not limited to, material, text, link, graphics, video or audio that: • Is unlawful, harassing/advocates harassment, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene or otherwise objectionable against individual, any group or any religion; • Displays pornographic or sexually explicit material of any kind; • Includes material that exploits people under the age of 18 in a sexual or violent manner, or is intended to solicit personal information from anyone under 18; • Is intended or designed to disrupt an ongoing conversation via flaming (a message in which the writer publicly attacks another participant in overly harsh or personal terms) or trolling (deliberately posting derogatory or inflammatory comments in order to bait other users into responding); • Contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); • For certain profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile; • Contains personally identifiable information such as a photograph about another Member that is published without their explicitly expressed consent • Contains material originally posted by another Member that is reposted without prior permission or attribution; • Has misleading email addresses or other manipulated identifiers to disguise its origin; • Encourages conduct that could constitute a criminal offense, illegal activity, gives rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation; • Transmits or posts any criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming; • Transmits or posts any unsolicited or unauthorized advertising, "spam," junk mail, "chain letters," "pyramid schemes," etc.; • Transmits or posts any content that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights without prior written consent of the copyright owner including, but not limited to, (1) pirated computer programs or links to them, (2) information which circumvents manufacturer-installed copy-protect devices, (3) pirated music, images, or video, or links to pirated music, image, or video files, or (4) Content which otherwise violates the terms of Section 8 below; • Transmits or posts any viruses or material designed to disrupt, limit or destroy any functionality of any computer software or hardware of users, Members, the Website and Services or any network extension connected to the Website and Services; • Transmit or posts any information that is you know is false or misleading, threatening, defamatory, obscene or libelous; • Collects, stores or solicits information about other users or Members for commercial, promotion or unlawful purposes or engage in commercial activity such as contests, sweepstakes, barter, sales, etc. without Katolik.com prior consent; • Advertises any illegal Services or the sale of any items prohibited or restricted by applicable law; • Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; • Solicits passwords or personally identifying information for commercial or unlawful purposes from other Members; • Solicits people you don't know to add you or accept you as a friend on the Service. • Covers or obscures the banner advertisements on your personal profile page, or any Katolik.com page via HTML/CSS or any other means; • Contains any automated use of the system, such as using scripts to add friends or send comments or messages; • Attempts to impersonate another Member or person; • Uses the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account; • Sells or otherwise transfers your profile; • Uses any information obtained from the Website and Services in order to harass, abuse, or harm another person; • Displays an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Katolik.com Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your featured friends • Using Katolik.com Services in a manner inconsistent with any and all applicable laws and regulations. Katolik.com considers the following content to be Mature: • Nudity • Explicitly sexual content -- visual depictions or written descriptions • Intense depictions or descriptions of violence or gore • Obscene gestures • Profanity that is sexual in nature or that is directed at another Member • Discussions or information about illicit substancesNote: Hate speech is not acceptable and will not be tolerated on Katolik.com. As defined by Katolik.com, hate speech may consist of symbols or images, as well as text. Katolik.com defines sexually oriented content as any material that depicts, in actual or simulated form, or explicitly describes, in a predominantly sexual context, human genitalia, any act of sexual intercourse, any act of sadism or masochism, or any other erotic subject directly related to the foregoing.Even though all of the above Content is strictly prohibited, there is a small chance that you might become exposed to such items while using the Website or the Service. If so, neither we, nor any of our officers, directors, employees, shareholders, advertisers, or corporate partners will in any way be responsible for any damages (to or from any party) related to any such exposure. Please see Sections 14 below for further limitations on our liability.8. Copyright Policy. You fully agree and understand that you may not transmit, post, or reproduce any content that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights without prior written consent of the copyright owner. If you believe that your work has been copied and posted on the Website without your permission or in any other way that constitutes copyright infringement, please contact us at webmaster @ katolik.com. Please include the following information so that we can investigate the case properly: • A brief description about you, your contact information, email and physical address. • A detailed description of the copyrighted work • A description of the owner • Your relation to the owner and/or a copy of a written authorization for you to represent the owner • Where the violation has taken place (i.e. provide the link) • Details of who you believe is the violator • A statement made by you under penalty of perjury that the information you are submitting is correct.9. No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us or between us and any other Member or user of the Website.10. Disputes. If there is any dispute between you and us about or involving the website or the service, by using the website or the service, you agree that the dispute will be governed by the laws of the state of ohio Without regard to its conflict of law provisions. You agree to personal jurisdiction under and venue in the state and federal courts located in Columbus, Ohio for the resolution of any such dispute.11. Member Disputes. You are solely responsible for your interactions with other Members. We reserve the right, although we have no obligation, to monitor disputes between you and other Members, and to take any action that we feel may be appropriate in our sole discretion, consistent with the terms of this Agreement, including the termination of the membership of one or more Members.12. Member Profile. (1) Level of Sharing. You understand that you may choose for your profile to be viewed by Anyone and you should be aware that anyone who access the Website can view your profile regardless of whether they are a Member or not and we are not to be held responsible by the use of such information. (2) Member Identity. Your profile must describe you, an individual person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual who is not you.13. Proprietary Rights in Content. Katolik.com does not claim any ownership rights in the content (text, files, images, photos, video, sounds, musical works, works of authorship or any other materials) that you post to the Website and Services. After posting your Content to the Website, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the Website, you hereby grant to Katolik.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through Katolik.com. Without this license, Katolik.com would be unable to provide the Katolik.com Services. For example, without the right to modify Member Content, Katolik.com would not be able to digitally compress music files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, Katolik.com could not allow Users to listen to music posted by Members. The license you grant to Katolik.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to Katolik.com), fully-paid and royalty-free (meaning that Katolik.com is not required to pay you for the use on the Katolik.com of the Content that you post), sublicensable (so that Katolik.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Katolik.com Services), and worldwide. This license will terminate at the time you remove your Content from the Website and Services. The license does not grant Katolik.com the right to sell your Content, nor does the license grant Katolik.com the right to distribute your Content outside of the Website and Services. You represent and warrant that: (i) you own the Content posted by you on or through the Website or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Website and Services. The Website and Services contain Content of Katolik.com ("Katolik.com Content"). Katolik.com Content is protected by copyright, trademark, patent, trade secret and other laws, and Katolik.com owns and retains all rights in the Katolik.com Content and the Services. Katolik.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Katolik.com Content (excluding any software code) solely for your personal use in connection with viewing the Katolik.com Website and using the Services. The Website Services contain Content of Users and other Katolik.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Katolik.com Services.14. Further Restrictions. (1) Katolik.com will not be held liable for any loss or damage for non-compliance. In addition, you understand and agree that the content of all users, including your content, will be collected, aggregated and anonymously integrated into the Katolik.com. You understand, and agree that, unless expressly stated, Katolik.com in no way controls, verifies, or endorses any of the information contained on or in the Katolik.com Service, including links, events, messages, message boards and any other kind of posting. (2) By agreeing to these Terms, Members affirm that they will not use this Service including, but not limited to, use of any information obtained from the Website (whether it is personal or not) to (a) harass, abuse or harm other Members, (b) solicit, advertise to, sell to other Members without prior explicit consent of both Members and Katolik.com. To protect you, we may limit the number of message or communication any Member can send to other Members at any given time on our sole discretion. Individuals who have demonstrably harassed other individuals via message boards, private messages, classifieds, or using any other means may be removed from Katolik.com. (3) Katolik.com reserves the right to refuse membership to anyone. Katolik.com may terminate your Membership and any and all information, communications or postings, at any time, without notice, for conduct that violates this Agreement.15. DISCLAIMER ON WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT YOU DOWNLOAD FROM KATOLIK.COM IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF FILES, SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT. THE SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT YOU VIEW OR DOWNLOAD FROM THE KATOLIK.COM ARE PROVIDED ON AN "AS IS" BASIS.KATOLIK.COM, ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.NEITHER KATOLIK.COM, NOR ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY THAT THE SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT YOU DOWNLOAD FROM KATOLIK.COM WILL MEET YOUR REQUIREMENTS, OR THAT THE SOFTWARE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURELY, OR ERROR FREE; NOR DOES KATOLIK.COM, ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE OR IN CONNECTION WITH THE SERVICE (WHETHER CAUSED BY USERS, MEMBERS, ADVERTISERS OR CORPORATE PARTNERS OR BY ANY OF THE EQUIPMENT OR PROGRAMING ASSOCIATED WITH OR UTILIZED IN THE OPERATION OF THE WEBSITE OR THE SERVICE) OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.KATOLIK.COM, ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OR OTHER USER OF THE WEBSITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE WEBSITE OR THE SERVICE, ANY CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO MEMBERS OR OTHER USERS, OR ANY INTERACTIONS BETWEEN OR AMONG MEMBERS OR OTHER USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE.KATOLIK.COM, ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER OR MEMBER COMMUNICATIONS. WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF E-MAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF. WE ARE NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE TO ANY COMPUTER EQUIPMENT BELONGING TO ANY USER OF THE WEBSITE, ANY MEMBER, OR ANY OTHER PERSON RELATED TO OR RESULTING FROM USE OF THE WEBSITE, VIEWING, PLAYING OR DOWNLOADING ANY MATERIALS ON OR FROM THE WEBSITE, OR OTHERWISE IN ANY WAY IN CONNECTION WITH THE SERVICE.16. LIMITATION ON LIABILITY. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, OUR ENTIRE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE DURING THE TERM OF THIS AGREEMENT. IN NO EVENT SHALL KATOLIK.COM, ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE, SERVICE, AND/OR ANY GRAPHICS OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF KATOLIK.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, KATOLIK.COM SHALL HAVE NO LIABILITY TO YOU OR OTHER THIRD PARTIES FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.17. INDEMNITY. YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD KATOLIK.COM, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, AND CORPORATE OR OTHER PARTNERS HARMLESS FROM AND AGAINST ANY LOSS, CLAIM, COST, DAMAGES, LIABILITY, AND/OR EXPENSE INCLUDING, BUT NOT LIMITED TO, ATTORNEY’S FEE ARISING OUT OF OR RELATING TO (A) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS OF INFRINGEMENT BASED ON INFORMATION, DATA OR CONTENT YOU SUBMITTED IN CONNECTION WITH THE SERVICE, (B) ANY FRAUD OR MANIPULATION, OR OTHER BREACH OF THIS AGREEMENT, BY YOU, OR (C) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS BROUGHT AGAINST KATOLIK.COM ARISING OUT OF YOUR USE OF THE SERVICE OR SOFTWARE OR (D) ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES SET FORTH ABOVE.18. Other. This Agreement constitutes the complete and exclusive understanding and Agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, Agreements, negotiations, and discussions between the parties, whether written or oral. You understand and agree that you are solely responsible for reviewing the terms of this Agreement from time to time. Any continued use of the Software or Service by you after such amended terms have been posted or information regarding such amendment has been sent to you, shall be deemed your consent and Agreement to such amended terms. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid or unlawful, the remainder of this Agreement shall continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect.Please contact as at webmaster @ katolik.com with any questions regarding this Agreement.Katolik.com, the Katolik.com logo, design, trademarks and service marks, and other Katolik.com logos and product and service names are trademarks of Katolik.com Inc. (the "Katolik.com Marks"). Without Katolik.com's prior permission, you agree not to display or use in any manner, the Katolik.com Marks.
