Additional policies, terms, and conditions applicable to specific areas of the Site, or to particular content or transactions, may also be posted in particular areas of the Site and, together with these Terms, govern your use of those areas. Any such additional policies, terms, and conditions are incorporated into these Terms. If any inconsistency exists between these Terms and such additional policies, terms, and conditions, such additional polices, terms, and conditions applicable to that area of the applicable Site will be controlling with respect to that particular area.
1. CHANGES TO TERMS
We may revise and update these Terms from time to time in our sole discretion. The date these Terms were last updated is set forth at the top of this page. All changes are effective immediately and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes.
2. SCOPE OF AND RESTRICTIONS ON USE
Subject to these Terms, Modern Grace Catholic Store grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site for your personal, non-commercial use, including any graphics, text, instructions, images, audio files and/or other sounds, videos, and other materials you may view on, access through, or are otherwise related to the Site (collectively, the "Content").
You agree not to:
except as otherwise provided in these Terms, copy, download, or store the Content in a retrieval system for any other purpose, or redistribute, reuse, or modify the Content for any purpose, without the express written permission of Modern Grace Catholic Store;
collect information from the Site using an automated software tool or manually on a mass basis;
use automated means to access the Site, or gain unauthorized access to the Site or to any account or computer system connected to the Site;
obtain, or attempt to obtain, access to areas of the Site or our systems that are not intended for access by you;
"flood" the Site with requests or otherwise overburden, disrupt, or harm the Site or our systems;
send bulk emails, surveys, or other mass messaging, whether commercial in nature or not;
provide, and you will not use Modern Grace Catholic Store to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce;
use the Site to promote or operate any service or content without Modern Grace Catholic Store's prior written consent;
restrict or inhibit other users from accessing or using the Site;
modify or delete any copyright, trademark, or other proprietary rights notices that appear on the Site or in the Content; or
The Site and the Content are owned by Modern Grace Catholic Store and its licensors, and are protected under copyright, trademark, and other applicable United States and international laws and treaties. Without limiting the foregoing, the trademarks, trade names, service marks, and logos displayed on the Site are registered and unregistered marks of Modern Grace Catholic Store and its licensors. You acknowledge and agree that, as between you and Modern Grace Catholic Store, Modern Grace Catholic Store is and shall remain the sole owner of the Site and the Content (except User Content (as defined in Section 7 below)), including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto.
4. ACCOUNT REGISTRATION AND SECURITY
Access to and use of the Site and/or Products may require you to register for an account. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date. You are responsible and liable for all activities conducted through your account, regardless of who conducts those activities. You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to immediately notify Modern Grace Catholic Store of any unauthorized use of your account, or any other breach of security. Modern Grace Catholic Store is not liable for any loss or damage arising from your failure to protect your username or password.
6. USER CONTENT
Certain features of the Site may enable users to post a review, share an item, or transmit to other users (hereinafter, "post") user-generated Content ("User Content"). You may not post any User Content that:
is unlawful, abusive, malicious, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy rights or right of publicity, or otherwise objectionable;
constitutes or promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
contains any material that could give rise to any civil or criminal liability under any applicable laws, rules, or regulations or that otherwise may be in conflict with these Terms;
infringes upon, misappropriates, or otherwise violates any intellectual property rights or other rights of a third party;
constitutes or encourages criminal conduct;
contains false, misleading, fraudulent, or deceptive claims or content;
gives the impression that it emanates from or is endorsed by Modern Grace Catholic Store or any other person or entity, if this is not the case; or
contains any virus, malware, spyware, or other harmful content or code.
Rights You Grant to Us. You hereby grant to Modern Grace Catholic Store an irrevocable, perpetual, non-exclusive, transferable, sublicensable, royalty-free, worldwide right and license to use, reproduce, display, perform, distribute, and prepare derivative works of any User Content you post on the Site for any purpose and in all forms and all media, whether now known or that become known in the future, and you waive any and all claims that you may have now or may hereafter have in any jurisdiction to so-called "rental rights," "moral rights," and all rights of "droit moral" in your User Content, even if your User Content is altered or changed in a manner not agreeable to you. If you post User Content, you represent and warrant to Modern Grace Catholic Store that you own or control all rights in and to such User Content and have the right to grant the rights above to us.
No Responsibility. You acknowledge and agree that you are solely responsible for your User Content, and that Modern Grace Catholic Store is not responsible for, and does not endorse, any User Content.
No Obligation to Prescreen, Monitor or Use. Modern Grace Catholic Store does not have, and does not undertake, any obligation to prescreen, monitor, edit, or remove any User Content posted on the Site. However, Modern Grace Catholic Store retains the right (but not the obligation), in its sole discretion and for any reason, to prescreen, monitor, edit, remove, or move User Content posted on the Site. Modern Grace Catholic Store has no obligation to retain or provide you with copies of your User Content, nor does Modern Grace Catholic Store guarantee any confidentiality with respect to your User Content. Modern Grace Catholic Store has the right (but not the obligation), at Modern Grace Catholic Store's sole discretion, to refuse to publish, remove, or block access to any User Content, at any time and for any reason, with or without notice.
You agree to indemnify, defend, and hold Modern Grace Catholic Store and its affiliates, licensors, partners, and service providers, and the officers, directors, employees, agents, and representatives of each of them (collectively, the "Modern Grace Catholic Store Entities") harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from your use of the Site and/or any Content, or any violation of these Terms or applicable law. We reserve the right, at our own expense, to assume the exclusive defense and control of any action subject to indemnification by you, and in such event you agree to cooperate with us in defending such action. You agree not to settle any such matter without the prior written consent of Modern Grace Catholic Store.
THE SITE IS PROVIDED TO YOU ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, AND MODERN GRACE CATHOLIC STORE HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY. ACCORDINGLY, MODERN GRACE CATHOLIC STORE IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE’S INOPERABILITY, UNAVAILABILITY, OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR OTHER INFORMATION FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE.
IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IS TO TERMINATE YOUR ACCOUNT (IF ANY) AND TO DISCONTINUE YOUR ACCESS TO AND USE OF THE SITE.
9. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL MODERN GRACE CATHOLIC STORE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
Exclusions. Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the exclusions and/or limitations in Section 10 and this Section 11 may not apply to you.
10. REPORTING COPYRIGHT INFRINGEMENT AND ABUSE
Modern Grace Catholic Store takes claims of copyright infringement seriously. It is Modern Grace Catholic Store’s policy to disable and/or terminate the accounts of users who are repeat infringers. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any Content accessible on the Site infringes your copyright, you may request removal of such Content (or access thereto) by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), your written notice of alleged copyright infringement must include substantially the following:
your physical or electronic signature;
identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works;
identification of the Content you believe to be infringing in a sufficiently precise manner to allow us to locate that Content;
adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address);
a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
a statement that the information in your written notice is accurate; and
a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA notice may not be effective. Please be aware that if you knowingly materially misrepresent that Content on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
11. RESERVATION OF RIGHTS
Modern Grace Catholic Store reserves all of the store’s rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that Modern Grace Catholic Store may have in and to the Site, the Content, and goods and Products that may be provided on or through the Site. Other than as set forth in these Terms, the use of Modern Grace Catholic Store’ rights and property requires Modern Grace Catholic Store’ prior written consent. By making Products available to you, Modern Grace Catholic Store is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of the Site or Products without Modern Grace Catholic Store’ prior written consent.
12. CHANGES; SUSPENSION AND TERMINATION
Changes to the Site. Modern Grace Catholic Store reserves the right to make changes to, suspend, or discontinue (temporarily or permanently) the Site or any portion thereof (including any Products or Content) at any time. You agree that Modern Grace Catholic Store will not be liable to you or to any third party for any such change, suspension, or discontinuance.
Suspension/Termination of Access. Modern Grace Catholic Store has the right to deny access to, and to suspend or terminate your access to the Site or to any portions thereof, at any time and for any reason, including if you violate these Terms.
Applicable Law, Jurisdiction and Venue. You agree that these Terms and any dispute arising out of your use of the Site, Content, Products, or products purchased through the Site or Products shall be governed by and construed in accordance with the laws of the State of Texas, without regard to any conflict of law provisions. Any legal suit, action, or proceeding arising out of or related to these Terms, the Site, Products or Content shall be instituted exclusively in the federal or state courts located in Fort Worth, Texas. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Geographic Restrictions. Modern Grace Catholic Store is based in the State of Texas in the United States. Modern Grace Catholic Store make no claims that the Site, Products or Content are accessible or appropriate outside of the United States. Access to and use of the Site or Products may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Questions. If you have any questions about the Site, Products or these Terms, please contact us at 817-995-2208.