- Modification of the Agreement. We reserve the right, in our sole discretion and for any or no reason, to modify this Agreement from time to time by posting a revised version, together with the date of such posting at the end of the document. All such changes will be effective immediately upon posting, and each time you use the Sites, you agree anew to the terms of this Agreement. Therefore, please review this Agreement regularly. If at any time all of the terms of this Agreement are not acceptable to you, please do not use the Sites.
The Sites’ purpose is to provide information about Trinity Church and its programs, encourage audiovisual streaming of its religious and musical programs, and provide a conduit for donations to support our many eleemosynary activities at home and abroad.
The Sites are intended for users aged 13 and over, residing worldwide. Use of the Sites is void where prohibited.
There is no registration or fee required to use the Sites.
You may contribute text and images to the “Discuss” sections of the Site in response to information we provide or to comments made by other users (collectively, “User Content”). You agree that the User Content you upload (or authorize others to upload on your behalf) to the Sites will not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious or objectionable to third parties, and will not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. In your communications with us and other Users, you may not impersonate any person or entity, or otherwise mislead as to the origin of yourself or any User Content you may post. We do not systematically review User Content for conformity with this Agreement, but we reserve the right (but do not have any obligation) to review and remove or edit any User Content at our sole discretion without notice.
You may not directly delete your User Content from the Sites, but we will take it down upon your written request. That said, we recommend caution before you post. Please do not post material that is not in compliance with this Agreement or that might embarrass you or otherwise expose you or others to unwanted attention. Please note that we may retain copies of material that we have removed from the Sites among other data backed up during regular maintenance of the Sites.
As noted above, you agree to take responsibility for all of the information, opinions and other User Content contained in any comments that you post. We will not be responsible for any information or opinions posted by our users.
To maintain an environment conducive to constructive discussion and debate, please adhere to the following community guidelines while on the Sites:
Please do not:
- bully, intimidate or harass any user;
- post User Content that is hateful, threatening or pornographic; unlawful, misleading, malicious, defamatory or discriminatory; or that incites violence;
- post User Content as true that you know or believe to be false;
- pretend to be someone else;
- upload viruses, worms or other malicious code, or otherwise attempt to disable, overburden, or impair the proper working of the Site.
By uploading User Content to the Sites, you grant to Trinity and its sublicensees, assigns and successors a nonexclusive, royalty-free, perpetual, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world on and in connection with the Sites via the Internet and/or other media now known or hereafter developed. This is the permission you give to us, and to the companies that help us design and operate the Sites, to use your User Content as part of the Sites, whether the Sites are accessible through the Internet or through another medium that is not yet established or may not yet exist. You have not granted us the right, for example, to publish your posts in a book. We cannot do this without obtaining your permission in each instance.
You agree to permit users to copy and use your User Content for their own personal, noncommercial use.
Lastly, by uploading User Content, you agree that the following statements are and will remain true while the User Content is on the Sites:
- you own or license rights in and to your User Content sufficient to permit you to legally post or upload it to the Sites and to license to Trinity the rights granted under this Agreement; and
- neither your User Content nor our use of it as provided in this Agreement breaches or will breach any of the terms of this Agreement, violates or will violate any applicable law, or will cause injury to any person or entity.
Ownership and License of Intellectual Property
All words, images, graphics, code and software, photographs, audio and video clips, scripts, links, interactive features (if any) and other material used on or incorporated into the Sites and the Apps (collectively, the “Content”), and the arrangement or integration of all such Content, is the protected property of Trinity, is licensed to Trinity by third parties, or is used pursuant to applicable copyright or other law. Please assume that all material on or accessible through the Sites is protected by copyright, trademark or other intellectual property law, and do not use Content except as expressly permitted in this Agreement or by separate agreement with the Content owner.
Trinity owns all right, title and interest (including worldwide copyright) in and to the Sites. We grant you a limited license to access the Sites and to copy Content for your own personal, noncommercial use. You agree to comply with any copyright or trademark notices and other restrictions contained in any Content available on or accessed through the Sites. Other than as expressly set forth in this Agreement or without our prior written approval, you may not, directly or indirectly:
- copy, download, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part; or
- use any of the trademarks, trade names or logos that appear on the Sites; or
- make commercial or other unauthorized use by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Site, including, without limitation, the Content; or
- delete or alter any Content; or
- disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Sites, the Apps or their associated software, hardware and/or servers in any way (to the maximum extent permitted by applicable law); or
- use automated means, such as scrapers, bots or spiders, to collect Content; or
- impede or interfere with others’ use of the Sites.
Trinity makes the Apps available on the Sites to enhance your knowledge of Trinity Church, its history and programs. Your use of the Apps is subject to all applicable terms of this Agreement, including but not limited to the sections related to Ownership and License of Intellectual Property, Disclaimer of Warranties; Limitation of Liability, and Indemnification. Third parties that provide us components of the Apps are third party beneficiaries of the foregoing sections of this Agreement. Use of the Apps is at your own risk.
Third Party Content and Websites; Products and Services; No Endorsement
If we incorporate information from third party sources into the Sites, we will make all reasonable efforts to follow fair use conventions, including giving credit to the source of the information and providing links, when available, to the third party source from which the information was gathered.
The Sites may provide links to, and may feature, mention, describe or advertise, certain products and services that may be of interest to you. However, unless we expressly state otherwise, we do not recommend, certify or endorse these or any other products or services in any way, and we are not responsible for the contents of, or any products or services offered on, any third party sites. If you have questions about any product or service you learn about on our Sites, please go to the source – namely, the vendor or manufacturer – for additional information.
Notice for Claims of Intellectual Property Violations and Agent for Notice
If you believe in good faith that any material on our Sites infringes your copyright, you (or your agent) may send us a notice requesting that we remove or block access to the infringing material. Your notice to us must include the following information:
- an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- identification of the copyrighted work or other intellectual property that you claim has been infringed upon;
- a description of where the material that you claim is infringing is located on the Sites, with sufficient detail that we may find it on the Sites;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- information, if possible, sufficient to permit Trinity to notify the owner/ administrator of the allegedly infringing content; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the Digital Millennium Copyright Act (the “DMCA”) permits you to send us a counter-notice. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA (see Section 512 of the U.S. Copyright Act of 1976, http://www.copyright.gov/title17/92chap5.pdf. Notices and counter-notices should be sent to our Copyright Agent:
Trinity Church Wall Street
Attn: Chief Legal Officer
76 Trinity Place
New York, NY 10006
Disclaimer of Warranties; Limitation of Liability
TRINITY CONTROLS AND OPERATES THE SITES FROM WITHIN THE UNITED STATES OF AMERICA. WE MAKE NO REPRESENTATION THAT CONTENT IS APPROPRIATE OR AUTHORIZED FOR USE IN ALL COUNTRIES, STATES OR OTHER JURISDICTIONS. WHEN YOU ACCESS THE SITES, YOU DO SO ON YOUR OWN INITIATIVE AND RISK AND YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.
THE SITES, THE APPS, AND ALL OTHER INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU IN CONNECTION WITH THE SITE ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES, THE APPS, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES AND THE APPS IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, WE DO NOT WARRANT THAT THE SITES, THE APPS, OR OTHER INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU VIA THE SITES, OUR SERVERS, OR E-MAIL SENT FROM US IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITES, THE APPS, OR FROM ANY OTHER INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES, INCLUDING, BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
YOU HEREBY RELEASE TRINITY, ITS PRESENT AND FUTURE RECTORS, VICARS, PRIESTS, CHURCH WARDENS, VESTRYMEN, PARISHIONERS, OFFICERS, DIRECTORS, ATTORNEYS, EMPLOYEES AND AGENTS, AND EACH OF THEIR RESPECTIVE PREDECESSORS, SUCCESSORS, HEIRS, ADMINISTRATORS, EXECUTORS AND ASSIGNS (THE “RELEASED PARTIES”) FROM ANY AND ALL CLAIMS AND DAMAGES, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR OR ANYONE ELSE’S USE OF THE SITES OR THE APPS OR ANY ACT OR OMISSION OF ANY RELEASED PARTY. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You agree to indemnify, defend and hold harmless Trinity, its present and future rectors, vicars, priests, church wardens, vestrymen, parishioners, officers, directors, attorneys, employees and agents, and each of their respective predecessors, successors, heirs, administrators, executors and assigns (collectively, the “Indemnitees”) from and against any and all losses, damages, costs, liability or expenses (including attorneys’ fees and settlement costs) arising from or relating to (a) your use of the Sites and the Apps; (b) your breach of this Agreement; or (c) your violation of any law or right of a third party.
No Unlawful or Prohibited Use
Termination; Change in Service
We reserve the right, in our sole discretion, to restrict, suspend or terminate your access to all or any part of the Sites at any time, for any or no reason, without prior notice or liability. We may change, suspend or discontinue all or any aspect of the Sites at any time, including the availability of any feature, database, or content, without prior notice or liability.
Applicable Law; Disputes
By visiting the Sites, you agree that the laws of the State of New York, without regard to its principles of conflict of laws, will govern the terms of this Agreement and any dispute that may arise between you and Trinity. Any such dispute may be heard only in the federal and state courts in the Borough of Manhattan, City and State of New York, and you hereby submit to the exclusive jurisdiction and venue of such courts.
The section headings in this Agreement are for convenience only and shall not affect in any way the interpretation or understanding of this Agreement or any of the terms and conditions herein.
If any term or provision of this Agreement is held to be invalid or unenforceable, the remaining portions will continue to be valid and will be performed, construed, and enforced to the fullest extent permitted by law, and the invalid or unenforceable term will be deemed amended and limited in accordance with the intent of the parties, as determined from the face of the Agreement, to the extent necessary to permit the maximum enforceability or validation of the term or provision.
No waiver (in whole or in part, express or implied) of any right or remedy provided for in this Agreement shall be understood to waive any other right or remedy. No delay or failure by Trinity to exercise any right or remedy shall operate as a waiver thereof.
If you have questions about this Agreement, wish to report any violations, or wish to obtain permission to use Content other than as expressly permitted in this Agreement, please contact us by mail at Trinity Wall Street, 76 Trinity Place, New York, NY 10006, or email email@example.com.