The following terms and conditions govern the use of the Saint Mark’s Episcopal Church, Palo Alto (which we refer to as the “Church,” “we” or “us”) website and all content and services available at or through the website (which we refer to as our “Services”). Our Services are offered subject to your acceptance of all of these terms and conditions and any rules and policies that we may publish from time to time (all of which together we refer to as “Agreement”). You agree that we may automatically upgrade our Services, and these terms will apply to any upgrades.
Please read this Agreement and our Privacy Policy carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the terms and conditions of this Agreement, and acknowledge that you have reviewed our Privacy Policy. If you do not agree to all the terms and conditions of this Agreement, then you may not access or use any of our Services.
Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older and residing in the United States.
Responsibility of Visitors
You agree you will not access or use, or attempt to access or use, our Services in any way that could harm the Church or any other third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws or regulations. You agree you will not impersonate any person or entity or otherwise falsify any information provided during registration or communication with us.
You agree you will not post or submit any material, such as text, images, or videos, through our Services (“User Content”) that is unlawful, offensive, indecent, or otherwise objectionable, or that infringes the rights of any third parties. The Church has not reviewed, and cannot review, all of the User Content posted to our Services, and cannot therefore be responsible for User Content, or its use or effects. We do not represent or imply that we endorse any User Content, or that any User Content is accurate, useful, or non-harmful. Nonetheless, we reserve the right to remove or refuse to post any User Content in our sole discretion.
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.
You represent and warrant that (i) your use of our Services will be in strict accordance with this Agreement, and with all applicable laws and regulations, (ii) you own all necessary rights and permissions to post or submit User Content, and (iii) your use of our Services is not contrary to applicable U.S. government economic sanctions.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material made available through the websites and webpages to which our website links, and that link to our website (“Third Party Websites”). We do not have any control over Third Party Websites, and are not responsible for their contents or their use. By linking to Third Party Websites, the Church does not represent or imply that it endorses those websites.
Copyright Infringement and DMCA Policy
The Church respects the intellectual property rights of others. If you believe that material located on or linked to by our Services violates your copyright, you are encouraged to notify the Church in accordance with the U.S. Digital Millennium Copyright Act of 1998, as it may be amended from time to time (the “DMCA”). Saint Mark’s Episcopal Church will treat notices that meet the requirements of the DMCA in accordance with the DMCA, including as required or appropriate by removing the infringing material or disabling links on our Services to the infringing material. We will terminate a visitor’s access to and use of our Services if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of the Church or others.
Intellectual Property
All right, title, and interest in and to or associated with the Services will remain (as between you and us) solely with the Church other than your User Content. Subject to your compliance with this Agreement, Saint Mark’s Episcopal Church hereby grants you a limited, personal, nonexclusive, non-transferable, non-sublicensable and revocable license to access and use the Services on your personal device(s) solely for your personal, noncommercial use.
You will retain all right, title, and interest that you may have in and to any User Content. But by submitting User Content, you grant the Church a royalty-free, irrevocable, perpetual, non-exclusive, worldwide, fully sublicensable license to use, publish, reproduce, distribute, display, edit, adapt, modify, and otherwise use your User Content in connection with the Services and Church activities.
You further agree that the Church may use all or part of any comments, suggestions, or feedback you provide regarding your use of our Services (“Feedback”) in any manner and any form, including to improve our Services, without any compensation to you.
Communications with You
We may communicate with you about our Services via the contact information you provide, including through one or more third party e-mail or survey services, You consent to receive communications from us that may: (i) solicit Feedback via e-mail, surveys, or other methods as we may determine; (ii) collect additional information regarding issues you report in your Feedback; (iii) notify you of changes to our Services or this Agreement; and (iv) tell you about future programs or services. You agree that any such notices, disclosures, and other communications will satisfy the Church’s applicable legal notification requirements.
Changes
Because we may update our Services from time to time, sometimes we have to change the legal terms under which our Services are offered. If we make changes to this Agreement that are material, we will try to let you know by posting on our website, or by sending you an email or other communication to the address we have on file before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you must stop using our Services within the designated notice period. Your continued use of our Services after the designated notice period will be subject to the new terms. However, any dispute that arose before the changes will be governed by the terms of this Agreement that were in place when the dispute arose.
Termination
We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account on our Services (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination will survive termination, including provisions regarding ownership, warranty disclaimers, and limitations of liability.
Disclaimers of Warranties and Limitations on Damages
WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DON’T WARRANT THAT OUR SERVICES WILL BE ERROR FREE OR THAT ACCESS TO THEM WILL BE CONTINUOUS OR UNINTERRUPTED. YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, OUR SERVICES AND THIRD PARTY WEBSITES AT YOUR OWN DISCRETION AND RISK.
IN NO EVENT WILL SAINT MARK’S EPISCOPAL CHURCH BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THE SERVICES OR THIS AGREEMENT.
Miscellaneous
This Agreement constitutes the entire agreement between Saint Mark’s Episcopal Church and you concerning its subject matter, and may only be modified by a written amendment signed by an authorized representative of the Church, or by the posting by the Church of a revised version.
Except to the extent applicable law, if any, provides otherwise, this Agreement, and any access to or use of our Services, will be governed by the laws of the State of California, U.S.A., without giving effect to any conflict of law principles that would dictate the application of any other governing law. You and we agree that venue for any disputes arising out of or relating to this Agreement will be the state and federal courts located in Santa Clara County, California.
A waiver by either party of any term or condition of this Agreement or any breach in any one instance will not waive that term or condition or any subsequent breach.
Saint Mark’s Episcopal Church 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.
Last Updated: June 1, 2020