SNDDEN.org and SNDDENCA.org Terms and Conditions of Use Agreement
Please read these terms and conditions of use carefully before accessing and using SNDDEN.org and/or SNDDENCA.org.
“SNDDEN.org” and/or “SNDDENCA.org” are on-line services. SNDDENCA.org is operated by Sisters of Notre Dame de Namur, California (referred to as the “Order”), a California nonprofit corporation, on the World Wide Web of the Internet. The terms “SNDDEN.org” and “SNDDENCA.org”, as used in this Agreement below are interchangeable. “You” or “User” is any person who uses SNDDEN.org. SNDDEN.org contains, among other things, copyrighted material, trademarks and other proprietary or legally-protected information of the Order and/or third party licensors, including, but not limited to, text, photos, images, and graphics (hereinafter “Content”). The entire contents of SNDDENCA.org are copyrighted as a collective work under the United States copyright laws.
This Agreement sets forth the terms and conditions that apply to your access and use of SNDDENCA.org. In addition, when using particular services on SNDDENCA.org, you shall be subject to any guidelines for such services, which may be posted and revised by the Order from to time, including but not to limited to the Blog Guidelines.
By accessing and/or using SNDDENCA.org, you agree to accept these terms and conditions of use. The Order reserves the right, in its sole and absolute discretion, to amend or modify these terms and conditions of use, or may impose new conditions, including but not limited to adding fees or charges for use, at any time. Any such changes will be reflected by an updated version of this posting. Any use of SNDDENCA.org by you after such posting shall be deemed to constitute acceptance by you of such changes, modifications or additions. If, at any time, you do not wish to accept this Agreement, you may choose not to access and use SNDDENCA.org
(A) The right to use SNDDENCA.org is personal to you and is not transferable to any other person or entity.
(B) The Order shall have the right at any time to change or discontinue any aspect or feature of SNDDENCA.org, including, but not limited to, content, hours of availability, and equipment needed for access or use.
2. Access to SNDDENCA.org.
You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of SNDDENCA.org and all charges related thereto.
3. Your Conduct.
(A) You agree to use SNDDENCA.org for lawful purposes only.
(B) You agree not to transmit, post, email, or otherwise make available any Content that infringes and/or violates any right of a third party or any international or domestic law including but not limited to any right of privacy, copyright, trademark, trade secret, patent and/or other proprietary rights.
(C) You agree not to transmit, post, email, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
(D) You agree that you will 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 and non-commercial use only.
(E) You agree that you, and not the Order, are fully responsible for any and all Content that you transmit, post, email or otherwise make available on the SNDDENCA.org site, including without limitation any text, photos, images, and/or graphics.
You acknowledge that the Order has the right in its sole and absolute discretion to pre-screen, and/or refuse to post any Content that you transmit, post, email, or otherwise make available. You further acknowledge that the Order shall have the right to remove any Content on SNDDENCA.org at any time and for any reason. However, the Order is not obligated to do so.
You acknowledge, consent and agree that the Order may disclose any information provided to the Order, including any personal information or email address provided to the Order, if required to do so by law or in a good faith belief that such disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions of Use; or (c) respond to claims that any information on SNDDENCA.org violates the rights of third parties.
4. Disclaimer of Warranty; Limitation of Liability.
(A) YOU EXPRESSLY AGREE THAT YOUR USE OF SNDDENCA.ORG IS AT YOUR SOLE RISK. NEITHER THE ORDER, ITS PARENT, AFFILIATES OR SUBSIDIARIES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, AND/OR AGENTS, WARRANT THAT SNDDEN.ORG WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF SNDDEN.ORG, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, OR SERVICE PROVIDED THROUGH SNDDEN.ORG.
(B) SNDDEN.ORG IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
(D) IN NO EVENT WILL THE ORDER, ITS PARENT, AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, AND/OR AGENTS, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE SNDDEN.ORG. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON SNDDENCA.ORG.
(E) IN ADDITION TO THE TERMS SET FORTH ELSEWHERE IN THIS AGREEMENT, NEITHER, THE ORDER, NOR ITS PARENT, AFFILIATES OR SUBSIDIARIES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, AND/OR AGENTS, SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN SNDDEN.ORG, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
5. Prohibited Uses.
You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in any unacceptable use of SNDDEN.ORG, which includes without limitation, use of SNDDEN.ORG to:
(A) disseminate or transit unsolicited messages, chain letters or unsolicited commercial email;
(B) disseminate or transmit material that, to a reasonable person, may by abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;
(C) disseminate or transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person;
(D) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication;
(E) export, re-export or permit downloading of any message and/or Content in violation of any export and import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses and/or exemptions;
(F) interfere, disrupt or attempt to gain unauthorized access to other accounts on the SNDDEN.COM or any other computer network;
(G) disseminate or transmit viruses, Trojan horses or any other malicious code or program; or
(H) engage in any other activity deemed by the Order to be in conflict with the spirit or intent of this Agreement.
When reasonably practicable, the Order will attempt to respect your privacy. The Order will not monitor, edit, or disclose any personal information about you, your account, including its contents or your use of SNDDENCA.org without your prior consent unless the Order has a good faith belief that such action is necessary to:
(A) comply with legal process or other legal requirements of any governmental authority;
(B) protect and defend the rights and/or property of the Order;
(C) enforce this Agreement;
(D) protect the interests of other users of SNDDENCA.org other than you or any other person; or
(E) operate or conduct maintenance or repair of the Order’s services or equipment including SNDDENCA.org as authorized by law.
You have no expectation of privacy with respect to the internet generally. Your IP address is transmitted and recorded with each message you send from SNDDENCA.org. Any communication or material that you transmit to, or post on, any public area of the site including any data, questions, comments, suggestions, or the like, is, and will be treated as, non-confidential and nonproprietary information.
7. Copying Documents and Information.
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 Order or the applicable third party licensor. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Documents may be copied for personal use only on the condition that copyright and source indications are also copied, no modifications are made and the document is copied entirely. However, some documents and photos have been published on this site with the permission of the relevant copyright owners (who are not the Order); all rights are reserved on these documents and permission to copy them must be requested from the copyright owners (the sources are indicated within these documents/photographs).
8. Links to External Internet Sites.
The Order takes no responsibility for the content of external internet sites. Other websites that we link to are owned and operated by third parties and the Order has no control over them. The fact that we include links to other websites does not mean that the Order approves of or endorses any other third party website or the content of that website. We accept no liability for any statements, information, products or services that are published on or are accessible through any websites owned or operated by third parties. Any link on SNDDENCA.org to third party web sites is being provided by the Order to you solely as a convenience. Third party sites are not covered by this Agreement’s Privacy statement. The Order makes no warranty or representation regarding the linked sites themselves or the contents thereon and the Order is not in any way responsible for such information or content or for the privacy or security practices of such third party sites. The Order does not endorse or sponsor any linked web sites, the information appearing thereon, or any of the products or services described thereon. No links may be added to SNDDENCA.org without the express written permission of the Order which can be withheld for any or no reason at the Order’s absolute sole discretion.
You agree to defend, indemnify and hold harmless the Order, its parent, subsidiaries, and affiliates, and their respective directors, officers, employees, licensor and agents from and against all claims, demands, losses and expenses, including attorneys’ fees, arising out of your use of SNDDENCA.org, any Content that you transmit, post, email, or otherwise make available to the Order, your violation of the Terms and Conditions of Use, your infringement of the rights of any third party, or your violation of any law.
Both you and the Order may terminate this Agreement at any time. The Order shall also have the right to immediately terminate your access to and use of SNDDENCA.org in the event of any conduct by you which the Order, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. The provisions of Sections 3, 4, 9, 11, and this Section 10 shall survive termination of this Agreement. Upon termination of this Agreement, you must cease use of SNDDENCA.org and you agree to destroy all materials obtained from SNDDENCA.org and all copies thereof, whether made under these terms and conditions or otherwise.
The “SNDDEN” and “Sisters of Notre Dame de Namur” trademarks are protected from reproduction, imitation, dilution, or confusing or misleading uses under the United States and international trademark laws.
12. User’s Representations.
You represent and warrant to the Order that: (a) you are over the age of eighteen (18) and have the power and authority to enter into and perform your obligations under this Agreement; (b) you shall comply with all terms, obligations and conditions of this Agreement.
This Agreement and any operating rules for SNDDENCA.org established by the Order constitute the entire agreement between the Order and you 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.
14. Waiver and Severability.
No waiver by the Order of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. No failure, delay in exercising or enforcing any right or remedy under this Agreement by the Order shall constitute a waiver of any other right or remedy, or future exercise thereof. If any provision of this Agreement is determined to be invalid under any applicable statute or rule of law, it is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable. If any provision of these terms and conditions of use is held by a court of competent jurisdiction to be unlawful, void, invalid, or unenforceable, the remaining provisions shall remain in full force and effect.
15. Arbitration; Choice of Law and Forum.
This Agreement shall be construed in accordance with the laws of the State of California without regard to its conflict of laws rules. All unresolved disputes arising under this Agreement or out of or relating to the use of SNDDENCA.org shall be submitted to arbitration under the rules of JAMS ADR in the City and County of San Francisco and the award of the arbitrator(s) shall be final and binding and may be entered as a judgment in any Court of competent jurisdiction. If for any reason any dispute arising under this Agreement or out of or relating to the use of SNDDENCA.org is not submitted to arbitration, you expressly consent and agree to submit such dispute to the exclusive jurisdiction and venue of the United States District Court for the Northern District of California or, for matters not suitable for adjudication in federal courts, to the Superior Court of the State of California in and for the County of San Mateo.