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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:

You further agree that you will not:

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.

 


Source URL:
http://ncrcafe.org/node/81