Providing social media services to Catholic Communities
Providing social media services to Catholic Communities

About Us > Terms of Use

Updated March 13, 2009
1. Your Acceptance
Catholic Content, LLC ("us," "we" or "our") welcomes you to our site. By using and/or visiting our site at MyCatholicVoice.com and the content, features, applications and services offered in connection with MyCatholicVoice.com (collectively referred to herein as the "Site"), you signify your assent to both these terms and conditions of use (the "Terms and Conditions of Use") and the terms and conditions of our Privacy Policy, and which are incorporated herein by reference (the Terms and Conditions of Use and the Privacy Policy are collectively referred to herein as the "Terms of Service"). We provide this information to you in order to help you make an informed decision regarding your use of this Site. If you do not agree to any of these Terms of Service, then please do not use our Site. We may in our sole discretion modify or revise these Terms of Conditions and Use and any of our other policies at any time. By using this Site you expressly agree to be bound by such modifications and revisions. Please revisit this page to stay on top of the most recent changes to this Terms and Conditions of Use. Your continued use of the Site constitutes your agreement to this Terms and Conditions of Use and any future revisions. In agreeing to these Terms and Conditions of Use you acknowledge that you are either more than 18 years of age, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Conditions and Use, and to abide by and comply with these Terms of Conditions and Use. In any case, you affirm that you are over the age of 13. If you are under 13 years of age, then please do not use the Site. Talk to your parents or guardians about what sites may be appropriate for you to view.
2. Catholic Content, LLC Site
These Terms of and Conditions of Use apply to all users of the Site, including users who are also contributors of video, photos, audio content, information, and other materials or services on the Site. The Site may contain links to third party websites that we do not own or control. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, we have no discretion to alter update and control the content of any third-party website. By using this Site, you expressly relieve Catholic Content, LLC from any and all liability arising from your use of any third-party website.
3. Registration Obligations
In order to have access to certain services offered on or through our Site you must first provide certain personally identifiable information such as a valid email address and a password to open an account (your "Site Account"). When creating your Site Account you must provide complete and accurate information. You may update any of your account information by clicking on the "My Home" button and selecting the appropriate link. Additionally, you are responsible for all activity that occurs under your account as well as maintaining the confidentiality of your Site Account information, including your email and password. We will not be liable for any losses you incur through any unauthorized use of your Site Account; however, you may be liable for the losses that we or other suffer due to such unauthorized use. Therefore, it is in your best interest to notify us immediately of any breach of security or unauthorized use of your Site Account. You may not use anyone else's password or account at any time. You may not attempt to gain unauthorized access to the Site. Should you make such an attempt, assist others in making such attempts, or distribute instructions, software or tools for that purpose, your account will be terminated immediately. Our products are for adults not children. If you are under 18, you must have a parent or guardian make the purchase on your behalf. Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, all of which terms are made a part of these Terms and Conditions of Use by this reference. You agree to abide by such additional terms and conditions. If there is a conflict between these Terms and Conditions of Use and the terms and conditions posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service. You also agree that Catholic Content, LLC may, in its sole discretion and without prior notice to you, terminate your access to the Site and your account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others' attempting to do so, (2) overcoming software security features limiting use of or protecting any content, (3) discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of the Terms of Service or any of our other policies posted on our Site, (5) failure to pay for purchases, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that Catholic Content, LLC will not be liable to you or to any third party for termination of your access to the Site.
4. Grants of Licenses
We permit you to purchase proprietary video and audio consisting of licensed and original video and audio content (collectively the "Publisher Content") through our Site, subject to the following: (a) Publisher Content License. Unless otherwise indicated by the publisher, when you "clickout" or otherwise "purchase" (referred to herein, collectively as "Purchase") Publisher Content from our Site, we grant you a limited revocable, non-exclusive, non-transferable license to download or stream such Publisher Content to your computer and/or your device(s) solely for your personal non-commercial use. You shall not copy, reproduce, distribute or use the Publisher Content in any other manner. You shall not sell, transfer, lease, modify, distribute or publicly perform the Publisher Content in any manner and you shall not exploit it commercially. Do not: (1) decompile, disassemble, or reverse engineer the Publisher Content or attempt to do so; or (2) modify the Publisher Content or create any derivative works therefrom. This license to the Publisher Content you Purchase will continue for as long as your copy of Publisher Content exists pursuant to, and in accordance with the terms and conditions of this Agreement. (b) Site Access License. We grant you a limited, revocable, non-exclusive, non-transferable license to access and make personal non-commercial use of the Site and not to download (other than page caching) or modify all or any portion of the Site. This license does not include any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Site and/or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without our express written consent. You shall not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of ours, our content providers or our affiliates without express written consent. You shall not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you. You are granted a limited, revocable, non-exclusive, non-transferable right to create a hyperlink to the home page of the Site so long as the link does not portray us, our content providers, our affiliates, or our products or services in a false, misleading, derogatory or otherwise offense manner. You may not use any of our logos or other proprietary graphics or trademarks as part of the link without our express written permission.
5. Agreement to Pay
If applicable, you agree that you will pay timely, and that we may charge your credit card for any Publisher Content, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by, or in connection with your Account (collectively, "Publisher Fees"). YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL PUBLISHER FEES AND FOR PROVIDING US WITH A VALID CREDIT CARD FOR PAYMENT OF ALL PUBLISHER FEES. You agree that we may use all legal means available to collect Publisher Fees should our attempts to charge your credit card on record fail for any reason. We will charge you and you agree to pay for any collection agency and legal fees we pay while collecting Publisher Fees from you. Your use of the Site includes the ability to enter into agreements and/or to make Purchases electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by such agreements and to pay for your purchases, and this acknowledgement and agreement applies to all electronic communications and records relating to all transactions you enter into on this site. You consent to our providing you any information that we are required to send you regarding your agreement, purchases and other transactions ("Required Information") in electronic form. We may provide required information to you:
(1) via e-mail at the e-mail address you specified during your registration;
(2) by access to a link on our site that will be designated in an e-mail notice sent to you at the time the information is available; or
(3) by access to a link on our site that will be generally designated in advance for such purpose.
In order for you to access and retain your electronic records, you must have the following hardware and software:
  • A computer capable of reading text files;
  • A modem or other means of accessing the internet; and
  • A browser capable of accessing and displaying web pages.
Notwithstanding your consent as set forth in this section, you may at any time obtain a paper copy of an electronic record by sending an e-mail to us. Your consent to electronic agreements set forth above is necessary for use of our service. You may withdraw consent by sending an e-mail containing your user name and password; however, this will result in a termination of this agreement and of your ability to use our site.
6. Member Conduct
You understand that all content on the Site including, but not limited to, text, photographs, audio, video or other materials, whether posted publicly or communicated in private is the sole responsibility of the person transmitting the content, and we cannot be held responsible if you are exposed to content that is offensive or objectionable in any way. You agree that you are responsible for all content you communicate on the service, be it public or private, and further agree to the following terms:
  • You shall not transmit, post, or distribute any unlawful, harassing, defamatory, libelous, privacy invading, sexually and/or racially offensive, abusive, threatening, harmful, vulgar, obscene, pornographic, hateful material of any kind or material that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise objectionable.
  • You shall not transmit, post, distribute or reproduce in any manner, copyrighted material, trademarks or other proprietary information without first obtaining the consent of the owner of such proprietary rights. In addition, you shall not transmit, post, distribute or reproduce in any manner, material that violates the rights of another, including but not limited to, intellectual property rights.
  • You shall not engage in advertising or solicit members to buy or sell any products or services through our Site.
  • You shall not transmit "junk mail", "spam", "chain letters", or unsolicited mass distribution of e-mail, or use the Site for commercial purposes of any manner.
  • You are solely responsible for your interaction with other Site members. We reserve the right, but have no obligation, to monitor disputes between members.
  • You shall not include in any personally identifying information beyond what is required for creation of your profile in any publicly accessible section of the Site, including, but not limited to, telephone numbers, street addresses, URLs, e-mail addresses, instant messenger names, etc. You also agree not to post photos containing personally identifiable information or other people's images without their consent or list offensive sexual references, suggestive language, nudity or otherwise offensive material in any area of the Site. We reserve the right, but have no obligation, to reject or remove any profile or photo.
  • You shall not impersonate any other user of this Site or any of our employees in any manner.
  • You shall abide by all applicable local, state, national, and international laws and regulations in your use of the Site, and agree not to attempt to gain unauthorized access to other computer systems or networks connected to the Site. You also agree not to interfere with another users use and enjoyment of the Site.
  • Without our express authorization, you shall not reuse, be it for commercial or non-commercial purposes, any of our content, including but not limited to, video, audio, photographs, articles, or advice found on the Site.
You acknowledge that we may disclose your account information over and beyond what is stated in the Privacy Policy if it is deemed reasonably necessary to do so to comply with the legal process, enforce the Terms of Service or any of our other posted policies, respond to your requests for customer service or to protect the rights of other users of our Site. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or any of its content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any of its content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site.
7. User Submissions
The Site may now or in the future permit the submission of videos, audio, photos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any submissions. Any User Submissions you publish will become publicly available and can be collected and used by other users. Please see our Privacy Policy for a discussion of the risks associated with your User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of your User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms and Conditions of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms and Conditions of Use. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to us, you hereby grant Catholic Content, LLC a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Site and Catholic Content, LLC's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Site a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Site and under these Terms and Conditions of Use. You acknowledge that any submissions made by you to the Site may be edited, removed, modified, published transmitted, and displayed by us, and you hereby waive any moral rights, personal rights, publicity rights and all other rights you may have in having the material used, altered or changed in a manner not agreeable to you. We do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions. We do not permit copyright infringing activities and infringement of intellectual property rights on our Site, and if properly notified that certain Content or User Submission infringes on another's intellectual property rights, we will remove all such Content and User Submissions. We also reserve the right to decide whether Content or a User Submission is appropriate and complies with these Terms and Conditions of Use. Without prior notice and at its sole discretion, we may remove User Submissions and/or terminate a User's access for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, uploading content that is pornographic, obscene, defamatory, or of excessive length. You understand that when using the Site, you will be exposed to User Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Catholic Content, LLC with respect thereto, and agree to indemnify and hold Catholic Content, LLC, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
8. Rights to Intellectual Property
You retain all rights you possess in your User Submissions you submit to the Site or transmit to other users through the Site. We retain full ownership or license rights to all other software, content and materials contained within the Site, including without limitation, graphics, text, scripts, photos, sounds, videos, and music (collectively the "Content") and to all patents, copyrights, trademarks, service marks, and other proprietary rights in and to the Site and the Content. Content and User Submissions are provided for your personal, non-commercial use only as permitted by the Site and may not be accessed, used, modified, performed, displayed, reproduced, copied, published, transmitted, distributed, sold, transferred, licensed, or exploited for any other purpose without the prior written consent of the respected owners. If you download, transmit, print or copy Content or User Submissions, you must retain all copyright and proprietary notices contained therein. You agree not to circumvent, disable or interfere with the security and use restriction features of the Site.
9. Copyright Policy
We prohibit the submission of any copyrighted material without the user first obtaining the prior written consent of the copyright owner. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at the Site;
(iii) Identification of the material on the Site 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;
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
(v) A statement that you have 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
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent to receive notifications of claimed infringement can be reached at copyright@mycatholicvoice.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to customer service at contact@mycatholicvoice.com. You acknowledge that if you fail to comply with all of the requirements of this Section 9, your DMCA notice may not be valid.
10. Account Termination Policy
We reserve the right to terminate your access to the Site if, under appropriate circumstances, you are determined to be a repeat infringer of these Terms and Conditions of Use. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Site more than twice. We reserve the right to decide whether Content or a User Submission is appropriate and complies with these Terms and Conditions of Use for violations other than copyright infringement and violations of intellectual property laws, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. We may, in our sole discretion and without prior notice, remove your User Submissions and/or terminate your Site Account if you are in violation of these Terms and Conditions of Use at any time.
11. Cookies
We reserve the right to store information on your computer in the form of a "cookie" or similar file for purposes of modifying the Site to reflect your preferences. Please see the Privacy Policy for additional information regarding our use of cookies as well as procedures you can follow to disable the cookie feature.
12. Third party Links
We may use third-party companies to serve or track ads on our Site and other websites. Such third party companies may use non-identifiable information about your visits to these websites in order to measure advertising effectiveness and to provide advertisements about goods and services that may be of interest to you. The Site may also contain links to other websites, including partner sites and the websites of our sponsors. We are not responsible for the privacy practices, policies or content of such other websites.
13. Warranty Disclaimer
ALL CONTENT, PRODUCTS AND SERVICES ON THIS SITE, OR OBTAINED FROM A THIRD PARTY WEBSITE ARE PROVVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. Catholic Content, LLC makes no warranties or representations about the accuracy or completeness of this Site�s content or the content of any sites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Site, (iii) any unauthorized access to or use of our secure servers and/or any and all personal access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our Site, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our Site by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Site. Catholic Content, LLC does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site or any hyperlinked Site or featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. WE ASSUME NO RESPONSIBILITY FOR THE MONITORING OF THIS SITE AND DO NOT ENDORSE ANY USER SUBMISSION OR OPINON, STATEMENT OR ADVICE EXPRESSED ON OUR SITE. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH YOUR USE AND ACCESS OF OUR SITE, THE CONTENT, SUBMISSION BY OTHER USERS AND YOUR INTERACTION WITH OTHER USERS. YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK.
14. Indemnity
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS CATHOLIC CONTENT, LLC, AND ITS RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSEES AND ASSIGNS, PUBLISHERS, AND ALL OTHER USERS FROM AND AGAINST ANY AND ALL ROYALTIES, FEES, DAMAGES, PENALTIES, CLAIMS, COSTS AND LOSSES ARISING IN CONNECTION WITH ANY OF YOUR USER SUBMISSIONS OR YOUR BREACH OF ANY OF THE TERMS OF THIS AGREEMENT.
15. Disputes
You agree that the Site shall be deemed solely based in Kansas and that the Site shall be deemed a passive site does not give rise to personal jurisdiction over Catholic Content, LLC, either specific or general in jurisdictions other than Kansas. You agree to the exclusive personal jurisdiction and venue of the federal and state courts in Johnson County, Kansas to adjudicate all claims, controversies and disputes that may arise between you and Catholic Content, LLC; provided that either you or Catholic Content, LLC may demand that such disputes be subject to binding arbitration held in Lenexa, Kansas before one arbitrator in accordance with the arbitration rules of the American Arbitration Association, subject to each party�s right to seek injunctive relief in a court of competent jurisdiction.
16. General
This Terms and Conditions and Use will be governed by the substantive laws of the United States of America and the State of Kansas (without giving effect to any choice-of-law rules that may require the application of the laws of another jurisdiction). This Terms and Conditions of Use, the Privacy Policy and any other legal notices published by us on this Site, shall constitute the entire agreement of between you and us concerning the Site, superseding any previous or contemporaneous representations, understandings or agreements with respect thereto. There is no partnership, employee-employer, agency, franchisor-franchisee or joint venture relationship between Catholic Content, LLC and any user. If any provision of this Terms and Conditions of Use is held invalid or unenforceable, the remainder of this Terms and Conditions of Use shall continue in full force and effect. The failure of Catholic Content, LLC to enforce any of the terms of this Terms and Conditions of Use or exercise any of its rights hereunder shall not constitute a waiver of such terms or rights. No waiver of any of the terms or rights in this Terms and Conditions of Use shall be deemed a further or continuing waiver of such terms or rights. You may not transfer or assign these Terms and Conditions of Use and any rights granted hereunder but the Terms and Conditions of Use and any rights granted hereunder may be assigned by us without restriction.
17. Privacy
Please review our Privacy Policy for information on the privacy practices of our Site.
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