Effective Date: May 25, 2018
This web site (Site) is operated by Cardinal Newman Society (CNS), an Internet Service Provider, as that term is used in the federal Digital Millennium Copyright Act (“DMCA”); materials on the Site are owned, for the most part, by CNS. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and CNS.
You must be 14 years of age to become a member of, and/or use this Site.
All materials contained in this Site are protected by United States Federal and international trademark and copyright laws and must only be used for personal educational, non-commercial purposes. You may only view or download material from this Site for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material.
The reproduction, duplication, distribution (including by way of email, facsimile or any other electronic means), publication, modification, copying or transmission of material from this Site is STRICTLY PROHIBITED unless you have obtained the prior written consent of CNS or unless it is expressly permitted by this Site. The material covered by this prohibition includes, but is not limited to, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site. The use of materials from this Site on any other web site or networked computer environment is similarly prohibited.
Requests for permission to reproduce or distribute materials found on this Site can be made by contacting CNS in writing at email@example.com.
You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site including by way of example and without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.
The Site may provide you with the opportunity to upload or provide messages, ideas, feedback, comments or other content (“Content”). If the Site does provide you with such an opportunity, you understand and agree that CNS has the right in its sole discretion, but is not obligated to, monitor, edit, and remove any posted Content, and assumes no liability for any such Content. You warrant that you own or otherwise control all of the rights to such Content, that it is accurate, and that its use does not violate these terms and will not injure any person or entity. You further agree not to upload, post or otherwise make available Content that is protected by a third party’s copyright, trademark or other proprietary right without the express permission of the third-party owner of the copyright, trademark or other proprietary right. All persons or groups authorized to provide Content to the Site shall be solely liable for any damage resulting from any infringements on third party rights resulting from your submission of such Content.
If you are authorized to provide Content, you agree that your uploading and/or transmittal of Content does not violate any of provisions set forth under the “Bulletin Boards and Chat Rooms” section of these terms. If you upload or transmit Content, you grant to CNS an exclusive, royalty-free, perpetual, irrevocable, sub-licensable right to use, reproduce, modify, publish, translate, create derivative works (including products) from, distribute, and display such Content, in whole or in part, throughout the world in all media. You grant to CNS the right to use the name that you submit in connection with such Content.
You agree that any Content that you submit shall be considered non-proprietary and non-confidential. CNS shall have no obligations of any kind with respect to any Content and shall be free to reproduce, use, disclose and/or distribute any Content for any purpose whatsoever, without limitation. You also agree that CNS shall be free to use any ideas, concepts or techniques embodied in the Content for any purpose whatsoever, including, but not limited to, producing, developing and marketing news stories, shows, content of any kind, products or services incorporating such ideas, concepts, or techniques, without attribution. In addition, you hereby waive all moral rights you may have in any materials uploaded or sent to us by you.
You must be 14 years of age to become an authorized provider of Content.
Messages, Bulletin Boards, Groups and Chat Rooms
You are welcome to post, transmit or submit messages and other materials (which include uploading files, inputting data or any other materials or engaging in any form of communication in connection with this Site) (collectively “Messages”) to bulletin boards, groups, chat rooms or other public areas within, or in connection with, this Site (collectively “Forums”). However, CNS accepts no responsibility whatsoever in connection with or arising from such Messages. In addition, no one under the age of 14 is authorized to post messages or participate in forums on this Site.
CNS does not endorse and has no control over the content of Messages submitted by others to Forums. Messages submitted to Forums are not necessarily reviewed by CNS prior to posting and do not necessarily reflect the opinions or policies of CNS. CNS makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless, CNS reserves the right, but is not obligated, to prevent you from submitting Materials to Forums and to edit, restrict or remove such Messages for any reason at any time.
CNS assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time CNS chooses, in its sole discretion, to monitor the Forums, CNS nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that CNS accepts no liability whatsoever if it decides to prevent your Messages from being submitted or if it edits, restricts or removes your Messages. You also agree to permit any other user of this Site to access, view, store or reproduce the material for that other user’s personal use and not to restrict or inhibit the use of the Site by any other person.
You agree that you will not submit Messages to Forums that:
- are unlawful, threatening, obscene, vulgar, pornographic, profane or indecent including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law;
- violate the copyright, trademark or other intellectual property rights of any other person. By submitting Messages to Forums, you represent to CNS that you are the rightful owner of such material or that you have first obtained permission to submit the material from the rightful owner;
- improperly assume or claim the identity, characteristics or qualifications of another person
- are for purposes of spamming
- contain any virus or other harmful component
- are libelous, or an invasion of privacy or publicity rights or any other third-party rights; or
- are for commercial purposes or contain advertising or are intended to solicit a person to buy or sell services or to make donations.
You agree that any Message whatsoever submitted by you becomes the property of CNS and may be used, copied, sub-licensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as CNS sees fit.
You agree to release CNS, its parents and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of Forums. If at any time you are not happy with the Forums or object to any material within Forums, your sole remedy is to cease using them.
CNS does not endorse any user submission to CNS or any opinion, recommendation or advice expressed therein, and CNS expressly disclaims any and all liability in connection with user submissions. CNS does not permit copyright-infringing activities and infringement of intellectual property on its Site, and CNS will remove all content and user submissions if properly notified that such content or user submissions infringe on intellectual property rights. CNS reserves the right to remove content and user submissions without prior notice.
All submissions sent to CNS via this Site, become the property of CNS and may be used, copied, sub-licensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as CNS sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by uploading/sending a submission you waive the right to make any claim against CNS, its parents or affiliates relating to submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
You may create a hypertext link to this Site, provided that you do not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of this Site or CNS, or that you are related to, represent or are affiliated in any way with CNS, including its respective employees, agents, directors, officers and shareholders, or this Site. In no event, however, may you create a hypertext link to or from this Site to or from a political party or campaign committee web site, or any individual candidate for elective office, or any site that advocates for the election or defeat of a candidate for elective office, or in support of or against a political party or campaign committee.
If CNS has provided links or pointers to other web sites, no inference or assumption should be made and no representation should be implied that CNS is connected with, affiliated with, operates or controls these web sites, or is operated or controlled in any manner by these web sites or their owners.
CNS takes no responsibility for third party advertisements which are posted on this Site, nor does it take any responsibility for the goods or services provided by its advertisers.
Disclaimer of Liability and Warranties
While CNS does its best to ensure the optimal performance of the Site, you agree that you use this Site and rely on material contained in this Site at your own risk.
The Site, and all materials in this Site, are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that CNS DOES NOT WARRANT that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Site is accurate, error free or reliable.
You acknowledge that CNS and third-party content providers, their parents and affiliates together with their respective employees, agents, directors, officers and shareholders, ARE NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.
You acknowledge that CNS is not liable for any defamatory, offensive or illegal conduct or material found in connection with this Site, including such conduct or material transmitted by any means by any other person.
You acknowledge that CNS and third-party content providers are not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use the Site.
With respect to any Content provided by users or other submissions, CNS is merely an Internet Service Provider of such Content. CNS is not responsible for any Content submitted by users or other third parties, including their opinions, judgments, advice, statements, services or other information provided. CNS shall not be liable for any loss or damage caused by any reliance upon such information obtained through the Website. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any Content.
You agree to defend, indemnify and hold harmless CNS, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of your use of this Site; your failure to use the Site; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.
CNS reserves the right to immediately terminate your use of, or access to, this Site at any time if CNS decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that CNS considers to be inappropriate or unacceptable. If the CNS chooses to terminate your use or access, the CNS retains the right to remove any content you added to the Site.
If you believe that any material contained in this Site infringes your copyright, you should notify CNS of your copyright infringement claim in accordance with the following procedure.
CNS will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site’s Designated Agent:
Christopher T. Craig, esq.
Cook, Craig & Francuzenko
3050 Chain Bridge Road, Suite 200
Fairfax, VA 22030
To be effective, the notification must be in writing and contain the following information as required under the DMCA (17 U.S.C. §512(c)(3)):
- 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, 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;
- 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 the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- 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;
- 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.
This Agreement is governed by, and construed in accordance with, the laws of the Commonwealth of Virginia without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the Commonwealth of Virginia for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Site, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.