Terms & Conditions


March 2016

1. DESCRIPTION OF SERVICE AND ACCEPTANCE OF TERMS OF USE

Redemptorist Fathers, dba Liguori Publications, ("we" or "us") provides an online service offering including a selection of videos, audios, text, and other content (collectively, the "Content"). The Content and any other features, tools, applications, materials, or other services offered from time to time by Liguori Publications in connection with its business, however accessed, are referred to collectively as “Liguori Digital Services."

The Content is available for permissible viewing on or through the following (collectively, the "Properties"):

i. The Liguori.org website;
ii. Liguori Publications affiliate and distributor websites;
iii. Other websites where expressed permission has been granted to display the Content; and
iv. Liguori Publications authorized applications, features or devices.

Use of Liguori Digital Services (including access to the Content) on the Properties is subject to compliance with these Terms of Use ("Terms of Use" or "Terms") and any end user license agreement that might accompany a Liguori Publications application, feature or device.

It is our pleasure to provide the Liguori Digital Services for your use in accordance with these Terms of Use. To access these services, you must agree to, and follow, the terms and conditions set forth in these Terms of Use. By visiting the Liguori.org site or using any of the Liguori Digital Services (including accessing any Content) you are agreeing to these Terms. Please take a moment to carefully read through these Terms. If you have any questions or comments about these Terms, please contact us at Liguori Publications, 1 Liguori Drive, Liguori, MO, 63057, (800) 325-9521.

2. CHANGES TO THE TERMS OF USE BY LIGUORI PUBLICATIONS

Liguori Publications may amend these Terms of Use at any time by posting the amended Terms of Use on the any of its properties. If we make a material amendment to these Terms of Use, we will notify you by posting notice of the amendment. Any material amendment to these Terms of Use shall be effective automatically 30 days after it is initially posted or, for users who register or otherwise provide opt-in consent during this 30 day period, at the time of registration or consent, as applicable.

3. ACCESS AND USE OF THE LIGUORI DIGITAL SERVICES

Age Limitations. If you are under the age of 13, then you are not permitted to register with Liguori Publications or use any feature or other part of the Liguori Digital Services that requires registration. In order to subscribe, you must be at least 18 years of age.

Your License. Liguori Publications grants you a non-exclusive limited license to use the Liguori Digital Services on the Properties, including accessing and viewing the Content for personal, non-commercial purposes as set forth in these Terms.

The Content. You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. Group access and viewing for a subscribing single entity (parish, school) is permitted. Accessing and viewing paid subscription content by or through a non-subscribing entity (parish, school) is prohibited. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by Liguori Publications in writing for a specific period of time, except as expressly stated by Liguori Publications in the content offering and then only for the period of time licensed at the time of purchase. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by Liguori Publications in writing, except as expressly stated by Liguori Publications in the content offering. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by Liguori Publications. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by Liguori Publications in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.

Content Delivery Systems. You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of any Liguori Publications content delivery systems, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into any Liguori Publications content delivery systems. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the content delivery system in any manner that enables users to view the Content (including the graphical user interface, any advertising, copyright notices, and trademarks).

Embedding of Content Restrictions. In cases where you are permitted to include or embed the Content into a website, you may not include or embed the content on any website or other location that (i) contains or hosts content that is unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, infringes any right of any third party including intellectual property rights, or is otherwise inappropriate or objectionable to Liguori Publications (in Liguori Publications' sole discretion), or (ii) links to infringing or unauthorized content (collectively, "Unsuitable Material"). You may include or embed the Content into any hardware or software application, even for non-commercial purposes. Liguori Publications reserves the right to prevent including or embedding to any website or other location that Liguori Publications finds inappropriate or objectionable (as determined by Liguori Publications in its sole discretion).

Ownership. You agree that Liguori Publications owns and retains all rights to the Liguori Digital Services. You further agree that the Content you access and view as part of the Liguori Digital Services is owned or controlled by Liguori Publications and Liguori Publications licensors. The Liguori Digital Services and the Content are protected by copyright, trademark, and other intellectual property laws.

Your Responsibilities. In order for us to keep the Liguori Digital Services safe and available for everyone to use, we all have to follow the same rules. You and other users must use the Liguori Digital Services for lawful, non-commercial, and appropriate purposes only. Your commitment to this principle is critical. You agree to observe the Liguori Digital Services, Content, and embedding restrictions detailed above, and further agree that you will not access the Liguori Digital Services or use the properties in a way that:

• violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
• uses technology or other means to access, index, frame or link to the Liguori Digital Services (including the Content) that is not authorized by Liguori Publications (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the Liguori Digital Services);
• involves accessing the Liguori Digital Services (including the Content) through any automated means, including "robots," "spiders," or "offline readers" (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of the Liguori Digital Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
• introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
• damages, disables, overburdens, impairs, or gains unauthorized access to the Liguori Digital Services, including servers, computer network, or user accounts;
• removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Liguori Digital Services (including the Content);
• uses the Liguori Digital Services to advertise or promote services that are not expressly approved in advance in writing by Liguori Publications;
• collects personally identifiable information in violation of Liguori Publications Privacy Policy;
• encourages conduct that would constitute a criminal offense or give rise to civil liability;
• violates these Terms or any guidelines or policies posted by Liguori Publications;
• interferes with any other party's use and enjoyment of the Liguori Digital Services; or
• attempts to do any of the foregoing.

If Liguori Publications determines in its sole discretion that you are violating any of these Terms, we may (i) notify you, and (ii) use technical measures to block or restrict your access or use of the Liguori Digital Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Liguori Digital Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.

No Spam/Unsolicited Communications. No one may use the Liguori Digital Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you post (as defined below in Section 7) or otherwise send spam, advertising, or other unsolicited communications of any kind through the Liguori Digital Services, you acknowledge that you will have caused substantial harm to Liguori Publications and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay Liguori Publications $100 for each unsolicited communication you send through the Liguori Digital Services.

Downloads. In order to participate in certain Liguori Digital Services or access certain Content, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.

Suspension/Discontinuation. We may change, suspend, or discontinue - temporarily or permanently - some or all of the Liguori Digital Services (including the Content and the devices through which the Liguori Digital Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that Liguori Publications may do so in Liguori Publications sole discretion. You also agree that Liguori Publications will not be liable to you for any modification, suspension, or discontinuance of the Liguori Digital Services, although if you are a paid subscriber and Liguori Publications suspends or discontinues the Content services, Liguori Publications may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, we may credit additional days of service to your account) in accordance with Section 4 below. However, if Liguori Publications terminates your account or suspends or discontinues your access to Liguori Digital Services due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration.

Internet Access Charges. You are responsible for any costs you incur to access the internet.

Customer Service. If we can be of help to you, please do not hesitate to contact our customer service department by calling (800) 325-9521. It would be our pleasure to serve you.

4. SUBSCRIPTIONS AND BILLING

Viewing choices sometimes involves giving users the choice of paying a fee in order to view content that Liguori Publications would not otherwise be able to make available without charging a fee. As part of that, access to the some of the content requires payment by you of a subscription fee, such as Liguori Digital Services.

You agree that your Liguori Digital Services account is for individual use only or for group access and viewing for a subscribing single entity (parish, school). Additionally, you agree that for various reasons, such as restrictions from content licensors and other limitations or considerations from third parties, certain Content that may be accessible through one Property may not be accessible through other Properties.

Because the Liguori Digital Services is offered in multiple time zones, for consistency, a "day" for purposes of these Terms of Use begins at 12:00 a.m. Central Time and ends at 11:59 p.m. Central Time of that same calendar day.

Billing.

By signing up for your Liguori Digital services subscription, or any other Liguori Publications subscriptions, you are expressly agreeing that we are authorized to charge you a monthly or annual subscription or license fee, any other fees for additional services you may purchase, and any applicable fees in connection with your use of Liguori Digital Services to the credit card or other payment method accepted by Liguori Publications ("Payment Method") that you provided during registration.

If you want to use a different Payment Method than the one you signed up for during registration, or if there is a change in your credit card validity or expiration date, you may edit your payment method. If your payment method expires and you do not edit your information or cancel your account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts.

As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your payment method. The subscription or license fee will be billed at the beginning of your subscription or expiration of your free trial period, if any, whichever is earlier, and on each monthly or annual renewal thereafter unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms.

If a monthly billing option is offered and selected, we will automatically bill your payment method each month. You acknowledge that the amount billed each month may vary due to promotional offers, changes in your subscription plan, and you authorize us to charge your payment method for the corresponding amounts. If Liguori Publications changes the subscription fee or other charges for Liguori Digital Services from time to time, we will give you advance notice of these changes by email.

All fees and charges are nonrefundable except in connection with your early cancellation of the account as further described in "Ongoing Subscription" below. Very rarely, if there are special circumstances where Liguori Publications determines it is appropriate (e.g., the Liguori Digital Services or other Liguori Publications services is unavailable for days due to technical difficulties), we may provide credits to affected subscribers. The amount and form of such credits, and the decision to provide them, are at Liguori Publications sole and absolute discretion, and the provision of credits in one instance does not entitle anyone to credits in the future under similar or different circumstances.

Ongoing Subscription and Cancellation.

Your Liguori Digital Services and other Liguori Publications subscriptions will continue in effect for monthly subscribers on a month-to-month, and for annual subscribers on a year-to-year basis, unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. You must cancel your subscription before it renews each month or annually, depending on the term of the subscription you selected, in order to avoid the next month's or year’s billing. We will bill the subscription fee to the payment method you provide to us during registration (or to a different payment method if you change your account information). If you cancel your subscription, no refunds will be given for month-to-month subscribers. Annual subscribers who cancel their subscriptions can receive a refund of the annual subscription amount paid less the number of full or partially expired calendar months times the monthly subscription rate. All refunds must be request by calling or writing to Liguori Publications, 1 Liguori Drive, Liguori, MO, 63057, (800) 325-9521.

Unpaid Amounts.

In order to sustain the Liguori Digital Services and other Liguori Publications services, it is important that each user honor the payment obligations to which the user agreed. Accordingly, we reserve the right to pursue any amounts you fail to pay in connection with Liguori Digital Services or other Liguori Publications services. You will remain liable to Liguori Publications for all such amounts and all costs we incur in connection with the collection of these amounts, including, without limitation, collection agency fees, reasonable attorneys' fees, and arbitration or court costs.

Trial Subscriptions.

Liguori Publications may choose to offer free trial subscriptions for its print or digital subscription-based products on its website. The specific terms for each trial subscription will be stated in the accompanying promotional or marketing information, and is subject to change. Free trial subscriptions may not be combined with any other offers or discounts.

A valid credit card must be entered by you as part of the initial order for the free trial subscription on our website. You will not be charged when the trial subscription is ordered, but will be charged at its conclusion, at which time the free trial subscription will be converted to a one-year paid subscription for that product.

You may not receive notice from Liguori Publications that your free trial subscription has ended or that your paid subscription has begun.

You may cancel your free trial subscription at anytime before it is converted to a paid subscription to avoid being charged. Cancellations may be made at subscriptions.liguori.org, by contacting us at One Liguori Drive, Liguori, MO 63057, or by calling us at (800) 325.9521.

We will continue to bill your credit card annually for your subscription until you cancel or service is otherwise suspended or discontinued, pursuant to these Terms. You may cancel your subscription at any time.

To the extent subscriptions are offered in conjunction with purchases of, or payment for, third party products or services, you agree that Liguori Publications will not be held liable for any claims arising out of or related to your purchase of use of such third party products or services.

5. ACCOUNTS AND REGISTRATION

We may from time to time offer various features that require registration or the creation of an account with Liguori Publications. If at any time you choose to register or create an account with us, the additional terms and conditions set forth below also will apply.

All registration information you submit must be accurate and updated. Please keep your password confidential. Single entity subscribers (parishes, schools) may not share your logon or password outside your entity. You are responsible for all use on your account, including unauthorized use by any third party, so please guard the security of your password. Please notify us immediately at Liguori Publications, 1 Liguori Drive, Liguori, MO, 63057, (800) 325-9521, as soon as you know of, or suspect any unauthorized use of, your account. Please also make sure to notify us if your registration information changes, in case we need to contact you.

We reserve the right to immediately terminate or restrict your account or your use of the Liguori Digital Services or access to Content at any time, without notice or liability, if Liguori Publications determines in its sole discretion that you have breached these Terms of Use, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason. We also reserve the right to terminate your account or your use of the Liguori Digital Services or access to Content if such use places an undue burden on our networks or servers. Of course, we would prefer to avoid such termination; therefore, we may use technology to limit activities, such as the number of calls to the Liguori Publications servers being made or the volume of User Material (as defined below in Section 7) being Posted, and you agree to respect these limitations and not take any steps to circumvent, avoid, or bypass them.

6. COLLECTION AND USE OF PERSONAL INFORMATION

For information about Liguori Publications policies and practices regarding the collection and use of your personally identifiable information, please read our Privacy Policy located at: http://www.liguori.org/privacy-policy

The Privacy Policy is incorporated by reference and made part of these Terms of Use. Thus, by agreeing to these Terms of Use, you agree that your presence on the Liguori Digital Services sites and use of the Liguori Publications Services on any of the Properties are governed by the Liguori Publications Privacy Policy in effect at the time of your use.

7. USER REVIEWS, COMMENTS, AND OTHER MATERIAL

Your Posts. As part of the Liguori Digital Services, users may have an opportunity to publish, transmit, submit, or otherwise post (collectively, "Post") reviews, comments, or other materials (collectively, "User Material"). In order to keep the Liguori Digital Services enjoyable for all of our users, you must adhere to the rules below.

Please choose carefully the User Material that you Post. Please limit yourself to User Material directly relevant to the Liguori Digital Services. Moreover, you must not Post User Material that: (i) contains Unsuitable Material (as defined above in Section 3); or (ii) improperly claims the identity of another person. We advise that you do not, and you should also be careful if you decide to, post personally identifiable information, such as your email address, telephone number, or street address.

You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant Liguori Publications the license provided below. You also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. Liguori Publications will remove all User Material if we are properly notified that such User Material infringes on another person's rights. You acknowledge that Liguori Publications does not guarantee any confidentiality with respect to any User Material.

By Posting User Material, you are not forfeiting any ownership rights in such material to Liguori Publications. After Posting your User Material, you continue to retain all of the same ownership rights you had prior to Posting. By Posting your User Material, you grant Liguori Publications a limited license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material through the Liguori Digital Services worldwide, including on or through any Property, in perpetuity, in any media formats and any media channels now known or hereinafter created. The license you grant to Liguori Publications is non-exclusive (meaning you are not prohibited by us from licensing your User Material to anyone else in addition to Liguori Publications), fully-paid, royalty-free (meaning that Liguori Publications is not required to pay you for the use of your User Material), and sublicensable (so that Liguori Publications is able to use its affiliates, subcontractors, and other partners, such as internet content delivery networks, to provide the Liguori Digital Services). By Posting your User Material, you also hereby grant each user of the Liguori Digital Services a non- exclusive, limited license to access your User Material, and to use, display, reproduce, distribute, and perform such User Material as permitted through the functionality of the Liguori Digital Services and under these Terms of Use.

Third Party Posts. Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. Liguori Publications does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of Liguori Publications. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate or for any other business reason. In no event does Liguori Publications assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against Liguori Publications with respect to such User Material. You can help us tremendously by notifying us of any inappropriate User Material you find. If a "report" feature through the Liguori Digital Services is not available for a specific instance of inappropriate User Material, please email techsupport@liguori.org (subject line: "Inappropriate User Material").

8. LINKED DESTINATIONS AND ADVERTISING

Third Party Destinations. Third Party Destinations. If we provide links or pointers to other websites or destinations, you should not infer or assume that Liguori Publications operates, controls, or is otherwise connected with these other websites or destinations. When you click on a link within the Franciscan Media Services, we will not warn you that you have left the Liguori Digital Services and are subject to the terms and conditions (including privacy policies) of another website or destination. In some cases, it may be less obvious than others that you have left the Liguori Digital Services and reached another website or destination. Please be careful to read the terms of use and privacy policy of any other website or destination before you provide any confidential information or engage in any transactions. You should not rely on these Terms to govern your use of another website or destination.

Liguori Publications is not responsible for the content or practices of any website or destination other than Liguori sites, even if it links to the Liguori sites and even if the website or destination is operated by a company affiliated or otherwise connected with Liguori Publications.

By using the Liguori Digital Services, you acknowledge and agree that Liguori Publications is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the Liguori Publications sites.

Advertisements. Liguori Publications takes no responsibility for advertisements or any third party material posted on any of the Properties, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the Liguori Digital Services are between you and the advertiser, and you agree that Liguori Publications is not liable for any loss or claim that you may have against an advertiser.

9. TRADEMARKS

Liguori Publications, the Liguori Publications logo, www.Liguori.org, and other Liguori Publications marks, graphics, logos, scripts, and sounds are trademarks of Liguori Publications, as are various Liguori Publications product brand names. None of these trademarks may be copied, downloaded, or otherwise exploited.

10. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY

WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE LIGUORI DIGITAL SERVICES, YOU AGREE THAT USE OF THE LIGUORI DIGITAL SERVICES IS AT YOUR OWN RISK. THE LIGUORI DIGITAL SERVICES, INCLUDING THE LIGUORI.ORG SITE AND THE OTHER PROPERTIES, THE CONTENT, THE VIDEO PLAYER, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE PROPERTIES, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, LIGUORI PUBLICATIONS DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE LIGUORI DIGITAL SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.

IN NO EVENT SHALL LIGUORI PUBLICATIONS OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE "LIGUORI PUBLICATIONS PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE LIGUORI DIGITAL SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE PROPERTIES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE LIGUORI PUBLICATIONS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE LIGUORI DIGITAL SERVICES OR $50 (WHICHEVER IS LESS).

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE LIGUORI PUBLICATIONS PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE LIGUORI DIGITAL SERVICES (INCLUDING YOUR USE OF THE CONTENT). LIGUORI PUBLICATIONS RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

11. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that any Content, User Material, or other material provided through the Liguori Digital Services, including through a link, infringes your copyright, you should notify Liguori Publications of your infringement claim in accordance with the procedure set forth below.

We will process each notice of alleged infringement that Liguori Publications receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to copyright agent at Permissions@liguori.org (subject line: "Copyright Takedown Request"). You may also contact us by mail or facsimile at:

Attention: Copyrights
Liguori Publications
1 Liguori Drive
Liguori, MO 63057
Facsimile: (800) 325-9526

To be effective, the notification must be in writing and contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Liguori Digital Services that is reasonably sufficient to enable Liguori Publications to identify and locate the material; (iv) how Liguori Publications can contact you, such as your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material. Liguori Publications has a policy of terminating repeat infringers in appropriate circumstances.

12. GENERAL INFORMATION

International Use. We are a company based in the United States. Liguori Publications goal is to provides you as much Content as is legally available. That said, we are limited by the rights that our content licensors grant to us. Using technologies to access the Content from territories where Liguori Publications does not have rights or does not offer services is prohibited.

Export Controls. Software and the transmission of applicable technical data, if any, in connection with the Liguori Digital Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.

Choice of Law and Forum. These Terms of Use are governed by, and construed in accordance with, the laws of the State of Missouri without giving effect to principles of conflicts of law. In the event of a claim by you against Liguori Publications, you agree to submit to the exclusive jurisdiction of the courts located in Jefferson County of the State of Missouri. In the event of a claim by Liguori Publications against you, you agree to submit to the jurisdiction of the courts located where Liguori Publications pursues its claim against you, which may include courts in the Jefferson County of the State of Missouri.

No Waiver/Reliance. If you see other parties violating these Terms, we would appreciate it if you would let us know at Permissions@liguori.org (subject line: "Terms of Use Violation"). Precisely how Liguori Publications responds to a party that is violating these Terms will be determined after carefully analyzing all of the facts and circumstances of a particular case. You may not rely upon Liguori Publications precise response with respect to one party or one situation as any indication of what Liguori Publications might do with respect to another party or another situation, even if the parties or situations appear to you to be similar. Similarly, if we fail to act in response to a violation of these Terms of Use, you should not assume that we do not object to the violation or even that we are aware of it. In addition, you may not construe a waiver of any provision of these Terms of Use with respect to any party as a waiver of that provision (or any other provision) with respect to either that party or any other party. Further, Liguori Publications decision to delay exercising or enforcing any right or remedy under these Terms of Use shall not constitute a waiver of such right or remedy. Even if Liguori Publications acts in a way that appears to you to be inconsistent with these Terms of Use, Liguori Publications action shall not be deemed a waiver or constructive amendment of these Terms.

Integration, Amendment, and Severability. Please note that these Terms of Use, including Liguori Publications Privacy Policy which is incorporated in these Terms and any end user license agreement that might accompany Liguori Publications authorized applications, features and devices, constitute the entire legal agreement between you and Liguori Publications and govern your use of the Services (including your use of the Content) (but excludes any services, if any, that Liguori Publications may provide to you under a separate signed written agreement), and completely replaces any prior agreements between you and Liguori Publications in relation to the Liguori Digital Services. Except as set forth in Section 2 above, these Terms may not be amended or varied except in a writing signed by Liguori Publications. Although we understand that electronic or digital signatures are frequently viewed as the equivalent of traditional written signatures, for these purposes, a signature or "signed" writing or written agreement may not include an electronic or digital signature. These Terms of Use operate to the fullest extent permissible by law. If any provision of these Terms is held to be unlawful, void, or unenforceable, you and we agree that the provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

Thank you for taking the time to read these Terms of Use. By understanding and agreeing to follow these Terms, the experience will be better for all users.