Terms of Service:
The following terms and conditions govern all use of the OurLadyPrays.com website and all content, services and products available at or through the website, including, but not limited to, the user account, profile, email, video chat, texting and blog services offered (taken together, the Website). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, OurLadyPrays.com’s Privacy Policy) and procedures that may be published from time to time on this Site by OurLadyPrays.com (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by OurLadyPrays.com, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
1. Your OurLadyPrays.com Account If you create an account or blog on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and OurLadyPrays.com may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause OurLadyPrays.com liability. You must immediately notify OurLadyPrays.com of any unauthorized uses of your blog, your account or any other breaches of security. OurLadyPrays.com will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that: the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content; you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods; your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by OurLadyPrays.com or otherwise.
By submitting Content to OurLadyPrays.com for inclusion on the Website, you grant OurLadyPrays.com a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting the Website. If you delete Content, OurLadyPrays.com will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, OurLadyPrays.com has the right (though not the obligation) to, in OurLadyPrays.com’s sole discretion (i) refuse or remove any content that, in OurLadyPrays.com’s reasonable opinion, violates any OurLadyPrays.com policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in OurLadyPrays.com’s sole discretion.
3. Responsibility of Website Visitors. OurLadyPrays.com has not reviewed, and cannot review, all of the material, including but not limited to computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, OurLadyPrays.com does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. OurLadyPrays.com disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
4. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including but not limited to computer software and other downloadable materials, made available through the websites and webpages to which OurLadyPrays.com links, and that link to OurLadyPrays.com. OurLadyPrays.com does not have any control over those non-OurLadyPrays.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-OurLadyPrays.com website or webpage, OurLadyPrays.com does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. OurLadyPrays.com disclaims any responsibility for any harm resulting from your use of non-OurLadyPrays.com websites and webpages.
5. Copyright Infringement and DMCA Policy. As OurLadyPrays.com asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by OurLadyPrays.com violates your copyright, you are encouraged to notify OurLadyPrays.com in accordance with the Digital Millennium Copyright Act (DMCA). OurLadyPrays.com will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. OurLadyPrays.com will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of OurLadyPrays.com or others. If OurLadyPrays.com takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by such party to OurLadyPrays.com.
Your Infringement Notice may be forwarded to the party that made the content available or to third parties such as ChillingEffects.org.
Please be advised that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. Thus, if you are not sure content located on or linked-to by the Website infringes your copyright, you should consider first contacting an attorney.
Please follow these steps to file a notice:
Verify that the blog in question is hosted by OurLadyPrays.com. Contact the blogger directly. Go to the blog post in question and leave a comment with your complaint to see if the matter can be resolved directly between you and the blogger. If the issue cannot be resolved directly with the blogger, send your complaint to our designated agent at:
Attn: Legal Department
Email: info@OurLadyPrays.com
You must include the following: A physical or electronic signature of the copyright owner or a person authorized to act on their behalf; An identification of the copyright claimed to have been infringed; A description of the nature and exact location of the content that you claim to infringe your copyright, in sufficient detail to permit OurLadyPrays.com to find and positively identify that content; for example we require a link to the specific blog post (not just the name of the blog or account user) that contains the content and a description of which specific portion of the blog post – an image, a link, the text, etc – your complaint refers to; Your name, address, telephone number and email address; and A statement by you: (a) that you believe in good faith that the use of the content that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner’s agent; (b) that all of the information contained in your Infringement Notice is accurate, and (c) under penalty of perjury, that you are either the copyright owner or a person authorized to act on their behalf.
If an Infringement Notice is valid, we are required by law to respond to it by disabling access to the allegedly infringing content. If you are a OurLadyPrays.com user and access to portions of your blog and or account have been disabled for this reason, we will notify you. You then have the option to send us a written counter-notice (a Counter-Notice) stating why your content does not infringe copyrights and asking for access to be reinstated. Counter-Notices need to be sent to our designated agent set forth above and must include the following: Your name, address, phone number and physical or electronic signature; A statement that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which you are located (or if you are outside the U.S., the U.S. Federal District Court for the Southern District of California), and that you will accept service of process from the person who originally provided us with the Infringement Notice (the “Copyright Holder”);Identification of the allegedly infringing content and its location before removal or disabling of access; and A statement under penalty of perjury that you believe in good faith that the content was removed by mistake or misidentification.
6. Intellectual Property. This Agreement does not transfer from OurLadyPrays.com to you any OurLadyPrays.com or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with OurLadyPrays.com. OurLadyPrays.com, the OurLadyPrays.com logo, and including but not limited to all copyrights and original material yet to receive a copyright, trademarks, service marks, graphics and logos used in connection with OurLadyPrays.com, or the Website are copyrights, original material which has yet to receive a copyright, trademarks or registered trademarks of OurLadyPrays.com or OurLadyPrays.com’s licensors. Other copyrights, trademarks, service marks, graphics and logos used in connection with the Website may be the copyrights and trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any OurLadyPrays.com or third-party trademarks or copyrights nor does it grant you any rights whatsoever to newly created original material which has yet to be filed with the U.S. Library of Congress which may appear on the Website at any time.
7. Changes. OurLadyPrays.com reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. OurLadyPrays.com may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
8. Termination. OurLadyPrays.com may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your OurLadyPrays.com account (if you have one), you may simply discontinue using the Website. OurLadyPrays.com can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
9. Disclaimer of Warranties. The Website is provided “as is”. OurLadyPrays.com and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither OurLadyPrays.com nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
10. Limitation of Liability. In no event will OurLadyPrays.com, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; or (iii) for interruption of use or loss or corruption of data. OurLadyPrays.com shall have no liability for any failure or delay due to matters beyond their reasonable control. OurLadyPrays.com is not liable for any material that may be legally or illegally posted by account users to OurLadyPrays.com which results in any emotional or physical damages to individuals, including but not limited to groups, companies, non-profit organizations, organizations and family members located in the U.S. or any other country whatsoever. Acceptance and use of OurLadyPrays.com is at your own risk. The foregoing shall not apply to the extent prohibited by applicable law.
11. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the OurLadyPrays.com Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
12. Indemnification. You agree to indemnify and hold harmless OurLadyPrays.com, its contractors, designers, owners, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
13. Email. By sharing your email address with us, either by becoming a registered member or simply by posting an anonymous prayer intention, you agree to subscribe to our email distribution list and to receive periodic emails from Our Lady Prays and/or Our Praybook which will contain brief prayer reflections as well as messages from the Blessed Virgin Mary. You have the ability to unsubscribe from this email distribution list at anytime simply by replying to any one of the emails you receive with the words”REMOVE ME” in the subject line. We do not share your email address with anyone else except to comply with the law as stated in our Privacy Policy.
14. Miscellaneous. This Agreement constitutes the entire agreement between OurLadyPrays.com and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of OurLadyPrays.com, or by the posting by OurLadyPrays.com of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Los Angeles County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Santa Monica, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; OurLadyPrays.com may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.