- Intellectual Property
- The design of the Site and its content are the property of The Frances Xavier Warde School, NFP (“FXW”) and are protected by copyright, trademark, and other intellectual property laws. FXW hereby grants you a limited license to view and download the content portion of the Site for non-commercial, educational and personal use only or for fair use as defined in the United States copyright laws, subject to these Terms and any additional terms and restrictions which may be applicable to the individual file or program. You must, however, retain, on any copies you make of the materials, all copyright and other proprietary notices contained on the original materials, and also, where applicable, you must cite the author and source of the materials as they would material from any printed work, with citations which include the URL “www.fxw.org.” The use of FXW trademarks as meta-tags for search engines is strictly prohibited. Except for the limited license granted above, nothing contained herein shall be construed as conferring to you in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of FXW or any third party.
- FXW does not warrant that use of the materials displayed on the Site will not infringe the rights of third parties not owned by or affiliated with FXW. For example, some materials may be under copyright by the artist or the artist’s heirs holding rights to these materials. Such materials may not be used in any form; they may not be copied or downloaded without prior permission from the holder of the underlying copyright.
- You may not otherwise copy, reproduce, modify, adapt, display, perform, publish, create derivative works from, store, sublicense, translate, sell, rent, reverse engineer, decompile, disassemble, or otherwise exploit the Site or its content. Copying or redistribution in any manner for commercial use, including commercial publication, or for personal gain is strictly prohibited. Notwithstanding the above, specific portions of the Site may permit the limited creation of derivative works by registered users. For example, an FXW blog may allow you to take content posted by other users, add to it, and then re-post the modified content. You hereby consent to the use of any content posted by you, by FXW, or by other users to create derivative works. By posting content, you also represent and warrant that you own or otherwise control all of the rights to the content that you posted and that you acquired such content through lawful means consistent with any policies set forth by FXW in these terms and conditions or otherwise.
- The display of any trade names, trademarks, service marks, logos, or domain names on the Site does not imply that a license of any kind has been granted with respect to such trade names, trademarks, service marks, logos, or domain names. Any unauthorized downloading, re-transmission, or other copying, modification, or use of trade names, trademarks, service marks, logos, or domain names may be a violation of trademark and copyright laws and could subject you to legal action.
- FXW has the right but not the obligation to monitor and edit or remove any activity or content. FXW takes no responsibility and assumes no liability for any content posted by you or any third party.
- You should be aware that the Internet is not secure. If you choose to send any electronic communications by means of the Site, you do so at your own risk. FXW does not guarantee that such communications will not be intercepted or changed or that they will reach the intended recipient securely.
- YOUR ACCESS TO AND USE OF THE SITE ARE AT YOUR SOLE RISK. YOU ARE ENTIRELY LIABLE FOR YOUR ACTIVITIES. FXW DOES NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS OR OTHER CHARACTERISTICS OF ANY CONTENT AVAILABLE ON OR THROUGH THE SITE. THE SITE AND THE INFORMATION ON IT ARE PROVIDED “AS IS.” FXW MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. FXW SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE CAUSED BY USE OF, OR RELIANCE ON, OR INABILITY TO USE OR ACCESS THE SITE, OR DELAYS, INACCURACIES, ERRORS, DEFECTS OR OMISSIONS IN THE SITE, REGARDLESS OF THE CLAIM OR AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF FXW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
- FXW SHALL NOT BE LIABLE UNDER ANY LEGAL THEORY FOR ANY DAMAGES SUFFERED IN CONNECTION WITH USE OF THE SITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER RESULTING FROM IMPAIRED OR LOST DATA, SOFTWARE OR COMPUTER FAILURE OR ANY OTHER CAUSE, BY YOU OR ANY OTHER THIRD PARTY, EVEN IF FXW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. YOU HEREBY EXPRESSLY RELEASE FXW FROM ANY AND ALL LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE CAUSED, DIRECTLY OR INDIRECTLY, TO YOU OR ANY THIRD PARTY AS A RESULT OF THIS WEB SITE AND ITS CONTENT INCLUDING ANYTHING DOWNLOADED OR ACCESSED. FXW DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE AVAILABLE FOR ACCESS ALL THE TIME OR AT ANY TIME ON A CONTINUOUS, UNINTERRUPTED BASIS, AND IS NOT RESPONSIBLE FOR ANY INCONVENIENCE OR OTHER LOSS THAT YOU MAY SUFFER AS A RESULT. FXW IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, HARDWARE, SOFTWARE, OR OTHER PROPERTY RESULTING IN ANY WAY FROM YOUR USE OF THE SITE.
- Where applicable law does not allow the exclusion of implied warranties, some of the foregoing exclusions may not apply to you. This Disclaimer applies to all content (including but not limited to user e-mails, discussion groups, chat rooms, blogs, picture and video posting forums etc.) merchandise, and services available through this site.
- You agree to defend, indemnify, and hold FXW and its employees, agents, officers, directors, agents, contractors, suppliers, constituents and other representatives harmless from and against all liabilities, damages, claims, actions, costs, and expenses (including reasonable attorneys’ fees) in connection with or arising from your use of the Site. FXW may participate in the defense of any claim or action at your expense and any negotiations for settlement. FXW reserves the right, on notice to you, to assume exclusive defense and control of any claim or action subject to indemnification by you, without relieving you of your indemnification obligations hereunder.
- If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and other provisions shall remain enforceable and in full effect. No failure or delay in enforcing any term, exercising any option or requiring performance shall be a waiver of that or any other right.
- Links on The Site to Third Party Sites
- The Site may contain hyperlinks to web sites operated by persons or entities other than FXW. Such hyperlinks to other web sites, whether to a home page or some other page on a web site, are provided for your reference and convenience only. You agree not to hold FXW responsible for the content or operation of such web sites. A hyperlink from the Site to another web site does not imply or mean that FXW endorses the content on that web site or the operator or operations of that site. The goods and services available through such hyperlinks are offered by independent companies, which are not affiliated in any way with FXW. FXW makes no representations as to the quality, fitness, workmanship, value, appropriateness or reliability of the merchandise available or the solvency or financial viability of any advertiser. FXW will not reimburse or indemnify you for any losses you may incur as a result of transactions with any FXW advertiser or any other web site or service linked from or to the Site. You are solely responsible for determining the extent to which you may use any content at any other web sites to which you might link from the Site.
- Links to This Web Site on Third Party Sites
- Web sites operated by persons or entities other than FXW may contain hyperlinks to the Site. You agree not to hold FXW responsible for the content or operation of such third party web sites. Neither FXW nor its affiliates makes any representations or gives any warranties with respect to any information contained in or at these other sites and neither FXW nor its affiliates shall be liable for any damages or injury arising from the content of these other sites. Neither FXW nor its affiliates endorses the individuals, companies, or other similar entities, or any products or materials associated with such individuals, companies, or other similar entities, that provide a link to this Site. A hyperlink to the Site on another web site does not imply or mean that FXW endorses either the content of the web site containing the hyperlink to the Site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other web sites that might link to the Site.
- You agree that you will not upload to, distribute, or otherwise publish on or through the Site any slanderous, obscene, libelous, defamatory or unlawful material. You are solely responsible for any content you post to this web site and represent and warrant that your activity on the web site shall not (a) be in furtherance of unlawful, criminal, or fraudulent in nature; (b) infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; (c) violate any law, statute, ordinance, or regulation (including without limitation those governing import/export control, consumer protection, unfair competition, anti-discrimination, or false advertising); (d) contain any viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or information; (e) constitute any form of advertising or solicitation (including without limitation charitable solicitations, “chain letters,” or “pyramid schemes”); (f) contain personal or identifying information of another person without that person’s explicit consent; (g) contain unreasonable large amounts of data; (h) shall not constitute any form of spamming; (i) be obscene, pornographic, objectionable, vulgar, defamatory, libelous, hateful, tortuous, abusive, harassing, threatening or unlawful, as determined in the sole discretion of FXW; (j) harm minors in any way; (k) interfere with another user’s access to and enjoyment of the content of the web site; (l) manipulate headers or other information in an attempt to disguise the origin of any content provided by you; (m) attempt to gain unauthorized access to the web site, other user accounts, passwords or credit card information of others; and (n) attempt to “harvest” or collect e-mail addresses of users or that might be listed on the web site.
- You expressly acknowledge and agree that the Site is a public service, and that once you submit content for inclusion into the Site, it will be accessible by others, and that there is no confidentiality or privacy with respect to such content, including any personally identifying information that you may make available online.
- The right to use all interactive portions of the Site is personal to you and is not transferable to any other person or entity. You are responsible for all use of your account(s) (under any screen name or password) and for ensuring that all use of such account complies fully with the provisions of this Agreement. You are responsible for protecting the confidentiality of your password(s), if any. Impersonation of any other person, or falsely stating or otherwise misrepresenting your age, gender, or affiliation with a person or entity is strictly prohibited on the Site, as is stalking or otherwise harassing anyone via any FXW interactive service.
- You must be thirteen (13) years of age or over to register an account with the Site. If you are under thirteen (13) years of age, you should not provide any personally identifiable information (for example, your last name, home address or email address) on the Site without the knowledge and permission of your parent or guardian. FXW does not knowingly collect personally identifiable information from children under thirteen (13) years of age.
- Advertising Rights
- FXW reserves and has the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with any content submitted by you for inclusion into the Site, and FXW will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in these Terms obligates or may be deemed to obligate FXW to sell, license or offer to sell or license any advertising, promotion or distribution rights.
- Monitoring and Termination
- FXW has the right, but not the obligation, to monitor the content of all interactive portions of the Site, including any blogs, forums or other interactive social networks, to determine compliance with this Agreement and compliance with any other rules established by FXW, and to satisfy any law, regulation, or authorized government request. FXW has the right in its sole discretion to edit, refuse to post or remove any materials submitted to or posted on the Site. Without limiting the foregoing, FXW has the right to remove any material that FXW, in its sole discretion, finds to be in violation of the provisions hereof or finds otherwise objectionable.
- FXW reserves the right, in its sole discretion, to terminate your account for any reason, at any time. FXW has the right to immediately terminate your account in the event of any conduct by you which FXW, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms. All provisions of these Terms not specifically pertaining to a user with a FXW account shall survive termination of the account. FXW also has the right to discontinue any portion of the Site, including, without limitation, any blog, picture or video posting forum, social network, web page, or FXW service, at any time and for any reason.
- International Visitors
- FXW makes no representation that materials on the Site are appropriate or available for use in locations outside the United States. 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.
- Choice Of Law And Forum
- These Terms shall be governed by and construed in accordance with the laws of the United States of America and the State of Illinois, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of this Site shall be in the state or federal courts located in the County of Cook in the City of Chicago, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
- Procedure For Making Claims Of Copyright Infringement
- DMCA: Digital Millennium Copyright Act Notice and Policy
- FXW respects others’ intellectual property rights and has made every effort to secure appropriate clearances for all proprietary intellectual properties that FXW directly makes available via the Internet (including the Site), and we require our users to do the same. FXW will respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (“DMCA”). The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement. When a valid DMCA notification is received, the service provider responds under this process by taking down the offending content. Upon taking down content under the DMCA, FXW will take reasonable steps to contact the owner of the removed content so that a counter-notification may be filed. On receiving a valid counter-notification, we generally restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity. You may use the notification process below to alert us to claims of infringement other than copyright but such notifications are not covered by the DMCA and will be governed by our Terms.
To File a Notification of Infringing Content.
A written notification must be made. This can be done either by email to firstname.lastname@example.org or by written letter (regular U.S. mail or courier) to our DMCA Agent at:
Attn: Head of School
The Frances Xavier Warde School, NFP
751 N. State St.
Chicago, IL 60654
Please include the following information in your notice:
- Identification of the work(s) claimed to have been infringed and a statement of ownership of such work(s);
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (such as by supplying a link to such materials, pointing to a specific web page containing such materials, or supplying the profile name of any user posting any infringing materials);
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number and e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
- Include the following statement: “I have good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent or by protection of law”;
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Your physical or electronic signature (i.e., “/s/ [print name]”); and
- (Optional) Provide information, if possible, sufficient to permit us to notify the user(s) who posted the content that allegedly contains infringing material. You may also provide screenshots or other materials that are helpful to identify the works in question. (This is for identification only, not to “prove” substantive claims.)
Please note: The DMCA provides that you may be liable for damages (including costs and attorneys fees) if you falsely claim that materials infringe your copyrights. We recommend contacting an attorney if you are unsure whether your content is protected by copyright laws. DO NOT SEND ANY INQUIRIES UNRELATED TO INFRINGEMENT OF RIGHTS (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, ETC.) TO THE CONTACT LISTED ABOVE. YOU WILL NOT RECEIVE A RESPONSE IF YOU SEND COMPLAINTS UNRELATED TO LEGAL MATTERS TO THAT CONTACT.
To file a counter-notification.
If your content has been taken down as a result of a notification by a purported copyright owner that such party’s copyright rights are infringed by your content, you may respond by sending us a DMCA counter-notification. A written notification must be made. This can be done either by email to email@example.com or by written letter (regular U.S. mail or courier) to our DMCA Agent at:
Attn: Head of School
The Frances Xavier Warde School, NFP
751 N. State St.
Chicago, IL 60654
Please include the following information in your counter-notification:
- List the material that was removed by the FXW administrators, and the location at which the material appeared before it was removed. (Please identify such material in sufficient detail);
- Provide your name, address, telephone number, and email address (if available);
- State that you consent to the jurisdiction of U.S. Federal District Court for the judicial district in which you reside (or for San Francisco, California if your address is outside of the United States);
- State that you will accept service of process from the person who provided notification to us of the alleged infringement or an agent of such person;
- State the following: “I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and
- Your physical or electronic signature (i.e., “/s/ [print name]”).
Prior to filing a notice or counter-notice, FXW suggests that you consult your legal advisor and that you refer directly to the Digital Millennium Copyright Act and all amendments thereto, a copy of which may be located at the United States Copyright Office.