Community Agreement for NCRcafe.org (effective as of June 1, 2006)
Community Agreement
Welcome to the NCR Conversation Café, a service of The National Catholic
Reporter Publishing Company (NCR). By using our site, you agree to abide by the
terms of this Community Agreement, the NCRcafe.org Privacy Policy, its Terms of
Use and the Submission Guidelines. These are legally binding agreements between
you and us; please read them carefully. When using NCRcafe.org, you also are
subject to other posted guidelines or rules applicable to certain services
available on our site. All such guidelines and rules are part of this Community
Agreement and you agree to them by using NCRcafe.org.
Because the Web is an evolving medium, we may need to change the terms of this
Community Agreement from time to time, in which case we will post the revised
Community Agreement on this site. By continuing to use the NCRcafe.org Web site
after we post any such changes, you accept the Community Agreement as modified.
We may change, restrict access to, suspend or discontinue this Web site, or any
portion of this Web site, at any time.
If you are an owner of intellectual property who believes your intellectual
property has been copied and is accessible on this site in a way that
constitutes copyright infringement, please contact Café management.
Description of Service
NCRcafe.org provides registered members of the NCRcafe community and other
visitors to our site with access to discussion tables around topics of interest,
podcasts and other features. NCRcafe.org also includes third-party
advertisements, which make it possible for us to provide the NCRcafe Web site.
Registration and Posting
To post information or comments on the NCRcafe Web site, or to obtain access to
certain NCRcafe services, you must become a registered user of the site. In our
registration process, you will be required to provide a user name, e-mail
address, and demographic information. You also will be asked to select a
password. You agree that the information you supply during the NCRcafe
registration process, and maintain after registration, will be accurate and
complete and that you will not supply the e-mail address of, register under the
name of, or attempt to access the site under the name of, another person. We
will delete any member account that we believe has been created using false or
fraudulent information, and will delete any content posted on the site using
such an account.
We reserve the right to reject or terminate without notice the use of any
account that violates these guidelines, including the Terms of Use, the
Submission Guidelines, and the Privacy Policy. You are responsible for
maintaining the confidentiality of your NCRcafe.org password and account, and
are responsible for all activities that occur under your password and account.
If you discover or suspect any unauthorized use of your password or account, or
any other breach of security, you agree to immediately contact Café Management.
We may terminate without notice any user account that is inactive for an
extended period of time.
The NCR Café is intended for adults and teens over the age of 13. Due to the
nature of some of the topics under discussion, which may include controversial
matters and a wide range of opinions, the material is not designed for children.
From time to time, we may establish general practices, limits, or restrictions
concerning the use of our site and the posting of information, comments and
other materials by registered members of our community. We assume no
responsibility or liability for the deletion, corruption, or loss of any content
submitted by an NCRcafe.org member, or for NCRcafe's failure to receive or store
submitted content for any reason, including, without limitation, malfunctioning
of any network, hardware or software.
You will be solely responsible for any and all content of whatever nature that
you post on, transmit via or link to from the NCRcafe site.
We have the right (but not the obligation), in our sole discretion, to screen
content submitted by our members and to edit, move, delete, and/or refuse to
accept any content that in our judgment violates this Community Agreement or is
otherwise unacceptable or inappropriate, whether for legal or other reasons.
Source and Ownership of Information Displayed on This Site
NCRcafe assumes responsibility for the integrity and accuracy solely of content
posted by official representatives of NCR and the content included in the
National Catholic Reporter newsweekly Internet edition. A large part of the
additional information found on the NCRcafe.org site is created by its users.
While we urge our users to post only accurate information, we cannot guarantee
that user postings are accurate, impartial or objective, and we make no
assurances or representations as to the veracity of our users or the quality of
the information posted to our site. We urge you to use common sense and good
judgment in deciding whether to rely on the information contained on NCRcafe.org.
You understand that you must personally evaluate, and that you bear all risks
associated with the use of, any content you find on NCRcafe.org, including any
reliance on the accuracy, completeness or usefulness of that content.
Although we make this Web site freely accessible, we do not give up our rights,
or anyone else's rights, to the materials appearing on the site. We do not claim
ownership of individual postings, comments, text, photos or other content or
materials posted by our members, but all other materials available through this
Web site are the property of us or our licensors, and are protected by
copyright, trademark and other intellectual property laws. In addition, content
displayed on or through our site, whether posted by users or provided by us or
our licensors, may be owned both by the person who created or licensed that
content and by us as part of a collective work and/or compilation under U.S. and
international copyright laws and treaties. You are free to display and print for
your personal, non-commercial use information you find on our site, but you may
not otherwise reproduce or distribute copies of any of these materials in any
form (including by e-mail or other electronic means, except through our "E-mail
to a Friend" feature) without the prior written consent of the owner. You may
not use any trademark or service mark appearing on this Web site without the
prior written consent of the owner of the mark.
You are free to establish a hypertext link to this site so long as the link does
not state or imply any endorsement or sponsorship of you, your company, or your
site by us. However, you may not frame any of the content of this site without
the prior written permission of NCRcafe.org. To request for permission to frame
our content, contact Café management.
You may not decompile or disassemble, reverse-engineer or otherwise attempt to
discover any source code contained in the NCRcafe.org service.
NCRcafe does not claim ownership of content that you create and submit or make
available on the service. However, if you post text or comments on NCRcafe.org,
you grant NCRcafe a nonexclusive, royalty-free, perpetual, irrevocable, and
fully sub-licensable right to use, reproduce, modify, adapt, publish, translate,
publicly perform, distribute, display, and create derivative works based on such
content throughout the world in any media, and to incorporate such content into
other works in any format or medium now known or later developed, for any
purpose.
By posting content to NCRcafe.org, you represent and agree that (a) you are the
owner of the content, or otherwise have the right to post such content to this
site, (b) the content is accurate, (c) the content will not violate the rights
of or cause injury to any person or entity, and (d) you will indemnify NCRcafe
for any claims resulting from content that you submit to the site.
Your Responsibilities
You agree to use our Web site in accordance with this Community Agreement, its
Terms of Use, the Submission Guidelines, and our Privacy Policy.
If you see something on the site that you believe is inaccurate, or about which
you hold a different opinion, feel free to post a comment. If you see something
on the site that you believe violates this Community Agreement, interferes with
the ability of others to enjoy the site, or is otherwise objectionable, click
the "Report Misconduct" link on that page or contact Café management.
Your interactions with companies, organizations and/or individuals found on or
through our site, including any purchases, transactions, or other dealings, and
any terms, conditions, warranties or representations associated with such
dealings, are solely between you and such companies, organizations and/or
individuals. You agree that we will not be responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings.
If there is a dispute between members of this site, or between a member and any
third party, you understand and agree that we are under no obligation to become
involved. In the event that you have a dispute with one or more other members,
you release NCR, its officers, employees, agents, representatives and successors
from any claims, demands and damages of every kind or nature, known or unknown,
suspected and unsuspected, disclosed and undisclosed, arising out of or in any
way related to such disputes and/or our site.
By using our site, you agree that you will not post or otherwise make available
any content or material that:
- is profane, sexually explicit, tortious, vulgar, obscene, libelous, abusive, misleading or unlawful, or infringes the rights of others or interferes with the ability of others to enjoy NCRcafe.org;
- harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- harms minors in any way;
- impersonates any person or entity, including, but not limited to, an NCR employee or another NCRcafe.org user, or that falsely states or otherwise misrepresents your affiliation with a person or entity;
- includes personal or identifying information about another person without that person's explicit consent;
- is false, deceptive, misleading, deceitful or misinforming;
- is non-topical or otherwise irrelevant;
- infringes any copyright, patent, trademark, trade secret or other proprietary rights of any party;
- you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- constitutes or includes unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the NCRcafe.org Web site or any computer software or hardware or telecommunications equipment;
- interferes with or disrupts the NCRcafe.org service or servers or networks connected to NCRcafe.org, or disobeys any requirements, procedures, policies or regulations of networks connected to NCRcafe.org;
- intentionally or unintentionally violates any applicable local, state, national or international law;
- provides material support or resources (or conceals or disguises the
nature, location, source, or ownership of material support or resources) to
any organization(s) designated by the United States government as a foreign
terrorist organization pursuant to section 219 of the Immigration and
Nationality Act.
You further agree that you will not:
- contact anyone who has asked not to be contacted;
- engage in personal attacks, harass or threaten, question the motives behind others' posts or comments, deliberately inflame or disrupt the conversation, or air personal grievances about other members of the community.
- collect personal data about, or the e-mail addresses of, other NCRcafe.org members for commercial or unlawful purposes or for purposes of sending unsolicited commercial e-mail;
- repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
- take or cause to be taken any action that disrupts the normal flow of postings and dialogue on NCRcafe.org (such as submitting an excessive number of messages - i.e., a flooding attack), or that otherwise negatively affects other members' ability to use the NCRcafe.org site and/or services;
- use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from NCRcafe.org. Exception is made for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our Community Agreement.
External Links
NCRcafe.org may contain links to other Web sites that are not owned or operated
by NCR and are separate and independent from our site. Visiting such other Web
sites from NCRcafe.org is done at your own risk. We are not responsible for, and
cannot guarantee, the availability or operation of these links, nor are we
responsible for the performance or quality of any products, services, content or
other materials made available on or offered through the linked sites. A link to
another Web site does not constitute our endorsement of that site, nor of any
product, service, content or other material offered on that site.
Disclaimer of Warranty; Limitation of Liability; Indemnification
We work hard to make this Web site useful to members of our community. We cannot
guarantee, however, that our users will always find everything to their liking;
nor could we provide a free service if we were exposed to substantial liability.
Please read these disclaimers and limitations carefully before using this Web
site.
NO WARRANTIES
YOU AGREE THAT USE OF THE NCRCAFE.ORG WEB SITE ("NCRCAFE SITE" OR "SITE") AND
ANY MATERIAL OR INFORMATION AVAILABLE THROUGH THIS SITE IS ENTIRELY AT YOUR OWN
RISK. THIS SITE IS PROVIDED BY NCR ON AN "AS IS" AND "AS AVAILABLE" BASIS. NCR
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO
THE OPERATION OF THIS SITE OR THE ACCURACY, COMPLETENESS, CURRENTNESS,
NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE
INFORMATION AVAILABLE THROUGH THIS SITE, NOR DO WE GUARANTEE THAT THE SITE WILL
BE ERROR-FREE, CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, NCR DISCLAIMS ANY WARRANTIES
FOR SERVICES OR GOODS ADVERTISED ON OR ACCESSED THROUGH ANY LINKS ON THE
NCRCafe.org SITE.
LIMITATIONS ON OUR LIABILITY
UNDER NO CIRCUMSTANCES WILL NCR OR ITS AFFILIATES, AGENTS, EMPLOYEES,
REPRESENTATIVES OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES,
OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR USE OF THIS WEB SITE OR ANY
PRODUCT OR SERVICE LINKED TO, FROM OR ADVERTISED OR PROMOTED ON THIS WEB SITE,
INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR CONSEQUENTIAL, SPECIAL,
INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND
(INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA), EVEN IF
WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE
LIABILITY, IF ANY, OF NCR AND ITS AFFILIATES, AGENTS, EMPLOYEES, REPRESENTATIVES
OR LICENSORS ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THIS
WEB SITE WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, TO NCR FOR THE USE OF THIS
WEB SITE.
INDEMNIFICATION BY YOU
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS NCR, ITS AFFILIATES, AGENTS, EMPLOYEES,
REPRESENTATIVES AND LICENSORS AGAINST ANY LIABILITY OF ANY NATURE ARISING OUT OF
ANY CONTENT POSTED ON THE NCRCAFE.ORG SITE BY YOU OR BY OTHERS USING YOUR
ACCOUNT. CERTAIN JURISDICTIONS 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.
Miscellaneous
We reserve the right to terminate the user account of, and to restrict or deny
access to our Web site or any service provided via our Web site to, anyone who
violates this Community Agreement or who, in our judgment, interferes with the
ability of others to enjoy this website, or infringes the rights of others.
The NCRcafe service may be transmitted to you over various networks, and any
content that you contribute may be modified to comply with this Community
Agreement or to conform and adapt to our technical requirements and those of
connecting networks or devices.
You are solely responsible for obtaining access to NCRcafe.org, and you must
provide and be responsible for all equipment needed to access NCRcafe.org.
Our failure to exercise or enforce any of our rights or to enforce any provision
of this Community Agreement will not constitute a waiver of such right or
provision. If any provision of this Community Agreement 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 that all other provisions of the Community Agreement will
remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to this Community Agreement or use of
the NCRcafe.org site must be filed within one (1) year after such claim or cause
of action arose or be forever barred.
Choice of Law and Forum
Any dispute of any sort that might arise between you and NCRcafe.org will be
governed by the laws of the United States and of the State of Missouri, without
regard to its principles of conflict of laws. You and NCR submit to the
exclusive jurisdiction of the state and federal courts in the State of Missouri.
Feedback We welcome your questions or comments about this Community Agreement or
our Web site, and also welcome any suggestions you may have for improvement of
our site.
