TERMS AND CONDITIONS

Governing Terms:
Stmichaelworthington.org, including the features and services available from this website (collectively the “Site”) is an interactive online service operated by the School. This Terms and Conditions of Use Agreement (the “Agreement”) and the Stmichaelworthington.org Privacy Policy, set forth the terms and conditions that apply to your use of the Site. This Agreement governs our relationship with you. It is a binding contract. By using the Site, you agree to comply with all of the terms and conditions hereof. You also agree to comply with all applicable local, state, federal, and international laws, rules and regulations (the “Law”). If you do not agree to these terms and conditions of use, do not access or use the Site.

Changes to Terms and Conditions of Use:

The School may modify this Agreement, in whole or in part, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of the Site after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions.

Accessing the Site and Account Security:

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

You are responsible for:

Making all arrangements necessary for you to have access to the Site.

Ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. You agree that all information you provide to register with this Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Community Guidelines and User Content

Interactive Areas:

The Site may, though not at this time, contain sections, discussion forums, bulletin boards, or other interactive features (“Interactive Areas”) in which you may have the ability to post or upload comments or user-generated content such as photos, messages, or other items (collectively, “User Content”). Use of Interactive Areas is at your own risk. You are solely responsible for your use of any Interactive Areas.

All User Content must comply with the Community Guidelines set out in these Terms of Use.

This Site is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By submitting User Content in an Interactive Area, you represent that you are 13 years of age or older. Children under the age of 13 years are prohibited from using this Site. If you are under the age of 18 (but over the age of 13) and submit User Content, you represent that you either are an emancipated minor or have obtained the legal consent of your parent or legal guardian to enter into and fulfill the obligations of this Agreement.

Use of Social Networking Services:

The Site may provide opportunities to use social utilities or social networking services (ex. Facebook.com, etc.) to share and post content from the Site. By registering and using a social utility or social networking service to interact on the Site, you agree to the terms and policies of that social utility or service (the “Social Service Terms and Policies”). The School reserves the right to terminate your access to and use of the Site if you fail to comply with the Social Service Terms and Policies. The School is in no way liable for any violations you commit of the Social Service Terms and Policies.

Community Guidelines:

If you submit any User Content or participate in an Interactive Area, you agree to abide by the following rules of conduct:

  • All posts and content should be marked with Christian charity and respect. They should be on topic and presume the good will of other posters;
  • You agree not to upload, post or otherwise transmit any User Content that publicly endorses or speaks in opposition to a specific candidate, political party or political action committee as well as divisive speech, and personal attacks of public figures;
  • You agree not to violate or infringe the rights of the School or others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
  • You agree not to upload, post or otherwise transmit any User Content that is unlawful, discriminatory, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, or contains explicit or graphic descriptions or accounts of sexual acts;
  • You agree not to use the Site for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
  • You agree not to upload, post or otherwise transmit any User Content that victimizes, harasses, degrades, intimidates, discriminates against, or retaliates against an individual or group of individuals on the basis of religion, sex, race, national origin, age, physical or mental disability, sexual orientation, or other characteristics protected by applicable state or federal law;
  • You agree not to impersonate any person, business or entity, including the School and our employees and agents;
  • You agree not to interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information about the Site or posting private information about a third party;
  • You agree not to upload, post or otherwise transmit any User Content that contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
  • You agree not to upload, post or otherwise transmit any User Content that encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
  • You agree not to upload, post or otherwise transmit any User Content that interferes with the use of the Site by others.

Any conduct that in the School’s sole discretion restricts or inhibits anyone else from using or enjoying the Site will not be permitted. The School reserves the right in its sole discretion to remove or edit User Content by you and to prohibit you from accessing the Site for any reason. The School is not responsible for User Content submitted to the Site or posted in comments sections, chat rooms, on bulletin boards or on other Interactive Areas by users of the Site. You take full responsibility and liability for engaging in any of the above conduct.

Monitoring:

The School shall have the right, but not the obligation, to monitor User Content posted or uploaded to the Site to determine compliance with this Agreement and any operating rules established by the School and to satisfy any Law or government request. Although the School has no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to the Site, the  School reserves the right, and has absolute discretion, to screen, edit, and refuse to post or remove without notice any User Content posted or uploaded to the Site at any time and for any reason.

The School shall have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE SCHOOL AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

License to User Content:

By submitting User Content to the Site, you automatically grant the School the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, publish, produce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such User Content, in whole or in part, worldwide in any form, media or technology for the full term of any copyright that may exist in such User Content. You warrant that such User Content is accurate and not misleading, and that use and posting or other transmission of such User Content does not violate this Agreement or the Law and will not violate any rights of or cause injury to any person or entity. You further grant the School the right to pursue at law any person or entity that violates your or the Site’s rights in the User Content by a breach of this Agreement.

Moral Rights:

If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby declare that:

  1. You do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto;
  2. You have no objection to the publication, use, modification, deletion and exploitation of the User Content by the School or its licensees, successors and assigns;
  3. You waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and You release the School, and its licensees, successors and assigns, from any claims that you could otherwise assert against the School by virtue of any such moral rights. You also permit any other user to access, view, store or reproduce the User Content for that user’s personal use.
  4. You release the School, and its licensees, successors and assigns, from any claims that you could otherwise assert against the School by virtue of any such moral rights. You also permit any other user to access, view, store or reproduce the User Content for that user’s personal use.

Non-confidentiality of User Content.

User Content submitted by you will be considered non-confidential and the School is under no obligation to treat such User Content as proprietary information except pursuant to the www.stmichaelworthington.org Privacy Policy.

Without limiting the foregoing, the School reserves the right to use any User Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. The School shall have no duty to attribute authorship of User Content to you, and shall not be obligated to enforce any form of attribution by third parties.

Copyright and Trademark Ownership.

All content the School posts to the Site, including names, images, logos and pictures identifying us, site design, text, graphics, interfaces, and the selection and arrangements thereof, is the property of the School or is used by the School with permission and is protected by intellectual property rights. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of the School and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. The School, its subsidiaries and affiliates, own all rights to their logos and trademarks used in connection with the Site. All other logos and trademarks appearing on the Site are the property of their respective owners, and constitute neither an endorsement nor a recommendation of those third parties.

Communications with Third Parties through the Site.

Your dealings or communications through the Site with any third party are solely between you and that third party. Please review carefully that third party’s policies and practices and make sure you are comfortable with them before you engage in any transaction. The School is not responsible for the content, actions, or policies of third party sites. Information you provide on such sites, including personal information and transactional information, is subject to the terms of service of those sites. Complaints, concerns or questions relating to materials provided by third parties should be directed to the third party.

Third Party Content.

The School is a distributor of content supplied by third parties and users. The School is not responsible for the opinions, advice, statements, services, offers or other information or content expressed or made available by third parties. Neither the School nor any third party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. Under no circumstances will the School be liable for any loss or damage caused by your use or reliance on information obtained through the Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site.

Advertisements and Promotions.

The School may run advertisements and promotions from third parties on the Site. Your dealings or correspondence with, or participation in promotions of, advertisers other than the School, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. The School is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third party advertisers on the Site.

Disclaimer of Warranty; Limitation on Liability.

  1. WE ARE NOT LIABLE FOR ANY DAMAGES YOU SUFFER FROM USE OF THE SITE.
  2. THE SITE MATERIALS ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, STMICHAELWORTHINGTON.ORG, THIS LICENSOR, AND IT’S RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, OWNERS, MEMBERS, AND CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.
  3. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
  4. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OF OR THE ENTIRE EXCLUSION MAY NOT APPLY TO YOU.
  5. IN NO EVENT WILL WE, OUR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SHAREHOLDERS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES RESULTING FROM USE OF THE SITE, INCLUDING WITHOUT LIMITATION, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, ATTORNEYS’ FEES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, PROFITS, OR USER CONDUCT, WHETHER IN AN ACTION BASED UPON CONTRACT, NEGLIGENCE, TORTIOUS ACTION OR ANY OTHER THEORY, INCLUDING WITHOUT LIMITATION CLAIMS BROUGHT UNDER ANY FEDERAL, STATE OR LOCAL LAW, REGULATION OR ORDINANCE, EXISTING AS OF THE DATE OF THIS AGREEMENT, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THESE SITES.
  6. IN NO EVENT WILL OUR LIABILITY OR THE LIABIILITY OF OUR LICENSORS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SHAREHOLDERS AND CONTRACTORS IN CONNECTION WITH YOUR USE OF THIS SITE, UNDER ANY THEORY OF RECOVERY, EXCEED $100.00.
  7. THE SCHOOL DISCLAIMS ANY AND ALL LIABILTY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY ACCESSING THE SITE, YOU ACKNLOWEDGE AND AGREE TO THE SCHOOL’S DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR USE THE SITE.

Indemnification

You agree to defend, indemnify and hold harmless the School, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees arising out of the use of the Site by you.

Termination.

The School may terminate or suspend this Agreement at any time without notice to you. Without limiting the foregoing, the School shall have the right to immediately block your access to the Site in the event of any conduct by you which the School, in its sole discretion, considers being unacceptable, or in the event of any breach by you of this Agreement. The separate provisions of this Agreement shall survive termination of this Agreement.

Privacy Policy.

Stmichaelworthington.org Privacy Policy explains the practices that apply to your personal information. The Privacy policy is fully incorporated herein by reference.

Choice of Law and Venue.

This Agreement shall be construed in accordance with the laws of the State of Ohio, without regard to its conflict of law rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach of default. You agree to be bound and subject to the exclusive jurisdiction of the local, state or federal courts located in Columbus, Ohio.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Ohio in each case located in the City of Columbus and County of Franklin, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country or jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Geographic Restrictions

The owner of the Site is based in the state of Ohio in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Waiver and Severability

No waiver of by the School of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the School to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement.

These Terms and Conditions of Use and any operating rules of Stmichaelworthington.org established by the School constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The section headings used herein are for convenience only and shall not be given any legal import.

Copyright and Copyright Agent.

The School respects the rights of all copyright holders and in this regard, the School has adopted and implemented a policy that provides for the termination in appropriate circumstances of users who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the School’s Copyright Agent the following information required:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. 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;
  4. Information reasonably sufficient to permit us to contact the complaining party;
  5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the Law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

St. Michael School
64 E. Selby Blvd.
Worthington, OH 43085