Terms of Use
CALL TO FAITH ECONNECT WEB SITES
TERMS OF USE
Houghton Mifflin Harcourt Religion Publishers and its licensors operates the Call to Faith eConnect web sites, located at CalltoDiscipleship.com. You may use the Web sites only if you comply with and agree to be bound by these Terms of Use. Your enrollment in the Call to Faith eConnect program and full access to the Web sites (including the assignment of a username and password to you) will be handled by the administrator for your Parish or School in accordance with the Call to Faith eConnect Member Agreement between your Parish or School and Houghton Mifflin Harcourt Religion Publishers ("Member Agreement").
YOUR CONSENT
Please take a few minutes to review these Terms of Use before using the Web sites. By visiting or using the Web sites you are agreeing to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Web sites.
AUTHORS AND VISITORS
When you use the Web sites to create or post content, you are an "author." When you use the Web sites to view general content, you are a "visitor."
PRIVACY POLICY
The Privacy Policy describes the information collected when you and others use the Web sites. They also describe how the personal information you share with us is used and some of the steps taken to protect your privacy. We have one Privacy Policy [http://www.calltofaitheconnect.com/privacy.php] for leaders and learners. Our Privacy Policy is part of these Terms of Use. By agreeing to these Terms of Use, you are also consenting to the use of your personal information in accordance with the Privacy Policy.
THESE TERMS OF USE MAY CHANGE
We are continually improving and adding to the features and functionality of the Web sites. As a result of these changes (or changes in the law), we may need to update or revise these Terms of Use. Accordingly, we reserve the right to update or modify these Terms of Use at any time, without prior notice, by posting any such revised version of these Terms of Use behind the link marked "Terms of Use" at the bottom of each page of the Web sites. Your continued use of the Web sites after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use. You may access the current version of these Terms of Use at any time by clicking the link marked "Terms of Use" at the bottom of each page of the Web sites.
RESPONSIBILITY FOR CONTENT POSTED ON THE WEB SITES
Each author and visitor is solely responsible for the information, data, text, messages, graphics, photographs, video, audio, or other materials ("Content") he or she posts on the Web sites. This means that you, and not Houghton Mifflin Harcourt Religion Publishers, are entirely responsible for all Content that you upload, post, transmit or otherwise make available to others using the Web sites. Under no circumstances will Houghton Mifflin Harcourt Religion Publishers be liable in any way for any Content posted on or made available through the Web sites by you or any third party.
Houghton Mifflin Harcourt Religion Publishers does not monitor all Content posted by individuals on the Web sites and, as such, does not guarantee the suitability, accuracy, integrity or quality of such Content. In particular, Houghton Mifflin Harcourt Religion Publishers does not control and is not responsible for the accuracy, correctness, completeness, or currency of any information posted on or made available through the Web sites by an author other than Houghton Mifflin Harcourt Religion Publishers.
AGENT TO RECEIVE NOTIFICATION OF CLAIMED INFRINGEMENT
Houghton Mifflin Harcourt Religion Publishers does not knowingly publish (or permit authors and visitors to publish) copyrighted materials without permission. If you believe that any materials published on the Web sites have been used in a way that constitutes copyright infringement and if you are authorized to act on behalf of the owner of the copyright that is allegedly infringed, please provide our Copyright Agent with a signed statement containing the following information:
* a description of the infringing material
* a description of the copyrighted work(s) that you believe has been infringed;
* the name of the owner of the copyright,
* your name,
* your address, telephone number and/or email address,
* a statement that you have a good faith belief that the allegedly infringing use was not authorized by the owner, an agent for the owner, or by law,
* a statement that all of the information you have provided is true, and
* a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner.
Your statement must be sent to us by U.S. mail or e-mail, addressed as follows:
Attn: Nancy King
Houghton Mifflin Harcourt Religion Publishers
6277 Sea Harbor Drive
Orlando, FL 32887
RESTRICTIONS ON YOUR USE OF THE WEB SITES
You agree not to use the Web sites to:
* upload, post, transmit or otherwise make available
any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
any Content that you know to be false, misleading, or fraudulent;
any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any individual or entity;
any request for or solicitation of money, goods, or services for private gain;
any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
any photograph without the permission of each person in the photograph;
the name of any individual without that person's knowledge and consent;
any Content about an identifiable person without that person's permission;
any Content inconsistent with the values or the spirit of the Call to Faith eConnect user community;
* promote any illegal activity;
* impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
* in violation of any local, state, national or international law, rule or regulation;
* "stalk" or otherwise harass another; or
* collect or store personal data about other users of this Service.
By uploading, posting, transmitting or otherwise making any Content available on or through this the Web sites, you are granting Houghton Mifflin Harcourt Religion Publishers a non-exclusive right to copy, modify, publish and distribute publicly, and prepare derivative works of that Content in the discretion of Houghton Mifflin Harcourt Religion Publishers. If any part of the Content is not your original work, it is your responsibility to obtain permission from the copyright owner before making that Content available on the Web sites.
You understand that Houghton Mifflin Harcourt Religion Publishers may pre-screen certain Content posted on or available through the Web sites by individual authors, but that it has no obligation to do so, and that it may not do so for all Content. Houghton Mifflin Harcourt Religion Publishers and its designees have the right (but not the obligation) in their sole discretion to remove any Content that is posted on or available through the Web sites. Without limiting the foregoing, Houghton Mifflin Harcourt Religion Publishers and its designees will have the right to remove any Content that violates these Terms of Use or is otherwise deemed objectionable by Houghton Mifflin Harcourt Religion Publishers in its sole discretion.
You acknowledge, consent and agree that Houghton Mifflin Harcourt Religion Publishers and its licensors may access, preserve, and disclose your personal information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for assistance; or (e) protect the rights, property, or personal safety of Houghton Mifflin Harcourt Religion Publishers, its users and/or the public.
AUTHORIZED USES OF THIS WEB SITE
Except as otherwise noted within these Terms of Use, or the Member Agreement if your parish or school enters into a Member Agreement, you may view, copy, print, and save a local copy of any Content on the Web sites for your personal, non-commercial purposes only. In addition, you may print limited Content from the Web sites in order to inform third parties with whom you are personally acquainted about the existence of the Web sites and the Content offered on the Web sites. You may not charge for any use of any Content on the Web sites, or printed or electronic copies you may make thereof. Other than as expressly permitted in this paragraph, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell, or make any other use of the Web sites or any of its Content, and you may not under any circumstances post, upload, transmit, reproduce, display, or otherwise make available any of the Web sites' Content on any other web site or networked computer environment, or in any other format or medium. You will display the copyright notice featured at the bottom of every page of the Web sites, and will retain any other copyright, trademark, and other proprietary notices as applicable, on every copy of any Content from the Web sites that you make. In exercising any of the foregoing rights, and except as otherwise noted within the Member Agreement if your parish or school enters into a Member Agreement, you will not modify the Content in any way, copy or distribute graphics separate from their accompanying text, or quote materials out of context.
Your use the Web sites is limited to the areas of the Web sites designated by your parish or school during the registration process, and you are not permitted to use other areas of the Web sites.
OWNERSHIP OF CONTENT POSTED BY AUTHORS AND VISITORS ON THE WEB SITE
Authors retain ownership of the copyright in Content they publish on the Web sites. If the Content is the original work of the individual posting the Content, then the individual posting the Content owns the copyright in that work. This is true whether the individual is an author or a visitor. Houghton Mifflin Harcourt Religion Publishers does not claim any copyrights in original works created and posted by authors and visitors. However, by making any Content available on the Web sites, you are granting Houghton Mifflin Harcourt Religion Publishers a license in such Content as described above.
OWNERSHIP OF WEB SITES AND HOUGHTON MIFFLIN HARCOURT RELIGION PUBLISHERS CONTENT, PERMISSIONS
The Web sites, including all of the Content on the Web sites (other than the Content for which individual authors retain ownership as described above), and any Feedback you may provide to Houghton Mifflin Harcourt Religion Publishers (as described below) is owned by Houghton Mifflin Harcourt Religion Publishers or by third parties who have licensed their copyrights to Houghton Mifflin Harcourt Religion Publishers. No right, title or interest in the Web sites or any Content on the Web sites is transferred to you under these Terms of Use. Except as otherwise expressly provided in these Terms of Use, or the Member Agreement if your parish or school enters into a Member Agreement, no Content on the Web sites may be copied or otherwise reproduced without the written permission of Houghton Mifflin Harcourt Religion Publishers. If you would like to obtain permission to use, reproduce, or display any Content on this Web site, please direct all inquiries to:
Houghton Mifflin Harcourt Religion Publishers
Attn.: Permissions
6277 Sea Harbor Drive
Orlando, FL 32887
Or, feel free to e-mail us with any questions at hrpwebmaste@harcourt.com.
Various product names, logos, designs, titles, words or phrases within the Web sites may be trademarks, service marks, or trade names of Houghton Mifflin Harcourt Religion Publishers or other entities. All other trademarks, product names, and company names and logos appearing on the Web sites are the property of their respective owners. Trademarks of Houghton Mifflin Harcourt Religion Publishers may not be used in connection with any product or service that is not authorized in writing by Houghton Mifflin Harcourt Religion Publishers.
OWNERSHIP OF FEEDBACK
Houghton Mifflin Harcourt Religion Publishers welcomes your comments and feedback regarding the Web sites. All information and materials submitted to Houghton Mifflin Harcourt Religion Publishers through the Web sites or otherwise, such as any comments, feedback, ideas, questions, designs, data or the like, but not Content (collectively, "Feedback"), will be considered NON-CONFIDENTIAL and NON-PROPRIETARY with regard to you, but Houghton Mifflin Harcourt Religion Publishers reserves the right to treat any such Feedback as the confidential information of Houghton Mifflin Harcourt Religion Publishers. For this reason, we ask you not to send us any information or materials that you do not wish to assign to us, including, without limitation, any confidential information or any original creative materials such as product ideas, computer code, or original artwork.
By submitting Feedback to Houghton Mifflin Harcourt Religion Publishers through the Web sites, you assign to Houghton Mifflin Harcourt Religion Publishers, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in the Feedback you submit. Houghton Mifflin Harcourt Religion Publishers will be entitled to use any Feedback you submit to it, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such Feedback without restriction and without compensating you in any way.
You are responsible for the information and other Content contained in any Feedback you submit to us, including, without limitation, their truthfulness and accuracy.
RIGHT TO MODIFY OR DISCONTINUE WEB SITES AND CONTENT
Houghton Mifflin Harcourt Religion Publishers reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Web sites (or any part thereof) with or without notice. You agree that Houghton Mifflin Harcourt Religion Publishers will not be liable to you or to any third party for any modification, suspension or discontinuance of this Web site. In addition, any prices, technical specifications, and product offerings featured on the Web sites are subject to change at any time, with or without notice.
LINKS TO THIRD PARTY WEB SITES
The Web sites may provide links to other World Wide Web sites or resources. Because Houghton Mifflin Harcourt Religion Publishers has no control over such sites and resources, you acknowledge and agree that Houghton Mifflin Harcourt Religion Publishers is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Houghton Mifflin Harcourt Religion Publishers will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
LINKS TO HOUGHTON MIFFLIN HARCOURT RELIGION PUBLISHERS WEB SITES
We operate several web sites offering products, services, content and other features. The Web sites may contain hyperlinks to other web sites operated by Houghton Mifflin Harcourt Religion Publishers. The use of another Houghton Mifflin Harcourt Religion Publishers site is subject to the terms of use and other legal notices published on that site. The terms of use and legal notice vary from site to site. Before using another Houghton Mifflin Harcourt Religion Publishers site, take a few minutes to review the terms of use and other legal notices posted on that site.
INTERNATIONAL VISITORS
Due to the international nature of the Internet, it is possible that the Web sites may be accessed by individuals outside of the United States. Accordingly, the Web sites may contain references to Houghton Mifflin Harcourt Religion Publishers products, programs, and services that may not currently be available in your country. These references do not imply that Houghton Mifflin Harcourt Religion Publishers intends to announce or make available any such products, programs or services in your country. For information on product availability within your country, contact our customer service department.
DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, HOUGHTON MIFFLIN HARCOURT RELIGION PUBLISHERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH REGARD TO THE WEB SITES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEB SITES AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE WEB SITES IS AT YOUR SOLE RISK. THE WEB SITES AND ALL PRODUCTS AND SERVICES OFFERED THROUGH THE WEB SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
UNDER NO CIRCUMSTANCES WILL HOUGHTON MIFFLIN HARCOURT RELIGION PUBLISHERS, ITS SPONSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, OR LICENSORS, NOR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY, DAMAGE OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OF, USE OF, INABILITY TO USE, OR RELIANCE ON THE WEB SITES OR ANY PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH THE WEB SITES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF AN AUTHORIZED REPRESENTATIVE OF HOUGHTON MIFFLIN HARCOURT RELIGION PUBLISHERS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF HOUGHTON MIFFLIN HARCOURT RELIGION PUBLISHERS, ITS CONTENT PROVIDERS, SERVICE PROVIDERS AND LICENSORS, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU WILL NOT EXCEED THE AMOUNT YOU PAID FOR ACCESS TO THE WEB SITES, IF ANYTHING.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
ADDITIONAL TERMS
PASSWORD
You may not share your username and password with any other person or authorize any other person to use your username and password. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to notify Houghton Mifflin Harcourt Religion Publishers immediately of any known or suspected unauthorized use of your username and password or any other breach of security. Houghton Mifflin Harcourt Religion Publishers cannot and will not be liable for any loss or damage arising from your failure to protect the confidentiality of your username and password.
TERMINATION
Houghton Mifflin Harcourt Religion Publishers may, under certain circumstances and without prior notice, immediately terminate your right to use the Web site. Cause for such termination will include, but not be limited to, (a) breaches or violations of these Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you or your parish/school, or termination of your Member Agreement, (d) discontinuance or material modification to the Web sites (or any part thereof), and (e) unexpected technical or security issues or problems. Further, you agree that all terminations for cause will be made in the sole discretion of Houghton Mifflin Harcourt Religion Publishers and that Houghton Mifflin Harcourt Religion Publishers will not be liable to you or any third-party for such termination.
REGISTRATION INFORMATION
You agree that you will (a) provide true, accurate, current and complete information about yourself when you register for the Web sites with your parish or school, and (b) maintain and promptly update your registration information to keep it true, accurate, current and complete.
GENERAL TERMS
CHOICE OF LAW AND FORUM
These Terms of Use and the relationship between you and Houghton Mifflin Harcourt Religion Publishers will be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Houghton Mifflin Harcourt Religion Publishers agree to submit to the personal and exclusive jurisdiction of the courts located within Orange County, Florida.
WAIVER AND SEVERABILITY OF TERMS
All waivers must be in writing and signed in ink on behalf of Houghton Mifflin Harcourt Religion Publishers. The failure of Houghton Mifflin Harcourt Religion Publishers to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.
STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Web sites or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
HEADINGS
The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.
ENTIRE AGREEMENT
These Terms of Use and the Houghton Mifflin Harcourt Religion Publishers Privacy Policies together constitute the entire agreement between you and Houghton Mifflin Harcourt Religion Publishers and govern your use of the Web sites, superseding any prior understandings or agreements between you and Houghton Mifflin Harcourt Religion Publishers. This Agreement may be amended or modified only as set forth above.
Effective May, 2008.
