Terms & Conditions
Parables Magazine
Terms
of Service
The following terms and conditions govern all
use of the Parables Magazine and Parables Magazine Digital Edition website and
all content, services, and products available at or through the website (taken
together, the Website). The Website is owned and operated by Jennifer Gladen.
The Website is offered subject to your acceptance without modification of all
of the terms and conditions contained herein and all other operating rules,
policies (including, without limitation, the Parables Magazine Privacy Policy), and procedures that may be published from time to time on this Site by Jennifer
Gladen or Parables Magazine(collectively, the “Agreement”).
Please read this Agreement carefully before
accessing or using the Website. By accessing or using any part of the website,
you agree to become bound by the terms and conditions of this agreement. If you
do not agree to all the terms and conditions of this agreement, then you may
not access the Website or use any services. If these terms and conditions are
considered an offer by Parables Magazine, acceptance is expressly limited to
these terms. The Website is available only to individuals who are at least 18
years old (Parents, teachers, PREP Catechists, who will share content with
their children/students.)
1.
Your
Parables Account and Site. If
you create an account on the Website, you are responsible for maintaining the
security of your account, and you are fully responsible for all activities that
occur under the account and any other actions taken in connection with it.
2.
Responsibility
of Contributors. Paid Contributors,
see our Submission Guidelines. Other contributions
o If you comment on a blog, post material to the
Website, post links on the Website, or otherwise make (or allow any third party
to make) material available by means of the Website (any such material,
“Content”), You are entirely responsible for the content of, and any harm
resulting from, that Content. That is the case regardless of whether the
Content in question constitutes text, graphics, an audio file, or computer
software. By making Content available, you represent and warrant that:
o the downloading, copying and use of the
Content will not infringe the proprietary rights, including but not limited to
the copyright, patent, trademark or trade secret rights, of any third party;
o you have fully complied with any third-party
licenses relating to the Content, and have done all things necessary to
successfully pass through to end users any required terms;
o the Content does not contain or install any
viruses, worms, malware, Trojan horses, or other harmful or destructive content;
o the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial
content designed to drive traffic to third-party sites or boost the search
engine rankings of third-party sites, or to further unlawful acts (such as
phishing) or mislead recipients as to the source of the material (such as
spoofing);
o the Content is not profane, rude, harmful, or pornographic,
does not contain threats or incite violence towards individuals or entities,
and does not violate the privacy or publicity rights of any third party;
Parables Magazine has the right (though not the obligation) to,
in Parables’ sole discretion (i) refuse or remove any content that, in Parables’
reasonable opinion, violates Catholic Teaching, the mission of Parables, or any
Parables policy and/or is in any way harmful or objectionable, or (ii)
terminate or deny access to and use of the Website to any individual or entity
for any reason, in Parables’ sole discretion. Parables will have no obligation
to provide a refund of any amounts previously paid in the event an account is
cancelled due to violations of the
Policy.
3.
Payment
and Renewal.
o General Terms.
By selecting a product or service, you agree to pay Parables the one-time
and/or monthly or annual subscription fees indicated (additional payment terms
may be included in other communications). Subscription payments will be charged
on a pre-pay basis on the day you sign up for an annual subscription or
one-time purchase. Since the products are digital, payments are not refundable.
o Automatic Renewal.
Unless you notify Parables before the end of the applicable subscription period
that you want to cancel a subscription, your subscription will automatically
renew and you authorize us to collect the then-applicable annual subscription
fee for such subscription (as well as any taxes) using any credit card or other
payment mechanism we have on record for you. Subscriptions can be canceled at
any time by submitting your request to Parables Magazine in writing at editor@myparables.com.
4.
Services.
o Fees; Payment. By signing up for a Services account you agree
to pay Parables Magazine the applicable setup fees and recurring fees.
Applicable fees will be invoiced starting from the day your services are
established and in advance of future services. Parables reserves the right to
change the payment terms and fees upon thirty (30) days prior written notice to
you. Services can be canceled by you at any time by contacting Parables
Magazine.
5.
Content
Posted on Other Websites. Although
we make every effort to keep the content Catholic/Christian, we have not
reviewed, and cannot review, all of the material, including computer software,
made available through the websites and webpages to which Parables Magazine
links, and that link to Parables Magazine. Parables does not have any control
over those non-Parables websites and webpages and is not responsible for their
contents or their use. By linking to a non-Parables website or webpage, Parables
does not represent or imply that it endorses such website or webpage. You are
responsible for taking precautions as necessary to protect yourself and your
computer systems from viruses, worms, Trojan horses, and other harmful or
destructive content. Parables disclaims any responsibility for any harm
resulting from your use of non-Parables websites and webpages.
6.
Copyright
Infringement and DMCA Policy. As Parables Magazine asks others to respect its
intellectual property rights, it respects the intellectual property rights of
others. If you believe that material located on or linked to by myparables.com
violates your copyright, you are encouraged to notify Jennifer Gladen, Editor-in-Chief
of Parables Magazine in accordance with Parables Magazine’s Digital Millennium
Copyright Act (“DMCA”) Policy. Jennifer Gladen will respond to all such
notices, including as required or appropriate by removing the infringing
material or disabling all links to the infringing material. Parables Magazine
will terminate a visitor’s access to and use of the Website if, under
appropriate circumstances, the visitor is determined to be a repeat infringer
of the copyrights or other intellectual property rights of Parables Magazine or
others. In the case of such termination, Parables Magazine will have no
obligation to provide a refund of any amounts previously paid to Laurie Wright.
7.
Intellectual
Property. This Agreement
does not transfer from Parables Magazine to you any Parables Magazine or third
party intellectual property, and all right, title and interest in and to such
property will remain (as between the parties) solely with Parables Magazine. Parables
Magazine, myparables.com, Jennifer Gladen, the Parables Magazine, and all other
trademarks, service marks, graphics, and logos used in connection with Parables
Magazine, or the Website are trademarks or registered trademarks of Parables
Magazine or Parables Magazine’s licensors. Other trademarks, service marks,
graphics, and logos used in connection with the Website may be the trademarks of
other third parties. Your use of the Website grants you no right or license to
reproduce or otherwise use any Parables Magazine or third-party trademarks.
8.
Advertisements. Parables reserves the right to display
advertisements on the website.
9.
Attribution. Parables Magazine reserves the right to
display attribution links such in Parables Magazine’s Blog.
10.
Changes. Parables Magazine reserves the right, at its
sole discretion, to modify or replace any part of this Agreement. It is your
responsibility to check this Agreement periodically for changes. Your continued
use of or access to the Website following the posting of any changes to this
Agreement constitutes acceptance of those changes. Parables Magazine may also,
in the future, offer new services and/or features through the Website
(including, the release of new tools and resources). Such new features and/or
services shall be subject to the terms and conditions of this Agreement.
11.
Termination. Parables Magazine may terminate your access to
all or any part of the Website at any time, with or without cause, with or
without notice, effective immediately. If you wish to terminate this Agreement
or your Parables account (if you have one), you may simply discontinue using
the Website. Notwithstanding the foregoing, if you have a paid services
account, such account can only be terminated by Parables Magazine if you breach
this Agreement and fail to cure such breach within thirty (30) days from Parables’
notice to you thereof; provided that, Parables Magazine can terminate the
Website immediately as part of a general shut down of our service. All
provisions of this Agreement which by their nature should survive termination
shall survive termination, including, without limitation, ownership provisions,
warranty disclaimers, indemnity, and limitations of liability.
12.
Disclaimer
of Warranties. The Website is
provided “as is”. Parables Magazine and its suppliers and licensors hereby
disclaim all warranties of any kind, express or implied, including, without
limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither Parables Magazine nor its suppliers and
licensors make any warranty that the Website will be error-free or that
access thereto will be continuous or uninterrupted. You understand that you
download from, or otherwise obtain content or services through, the Website at
your own discretion and risk.
13.
Limitation
of Liability. In no event will
Parables Magazine, or its suppliers or licensors, be liable with respect to any
subject matter of this agreement under any contract, negligence, strict
liability or other legal or equitable theory for: (i) any special, incidental, or consequential damages; (ii) the cost of procurement for substitute products
or services; (iii) for interruption of use or loss or corruption of data; or
(iv) for any amounts that exceed the fees paid by you to Parables Magazine
under this agreement during the twelve (12) month period prior to the cause of
action. Parables Magazine shall have no liability for any failure or delay due
to matters beyond their reasonable control. The foregoing shall not apply to
the extent prohibited by applicable law.
14.
General
Representation and Warranty. You represent and warrant that (i) your use of the Website
will be in strict accordance with the Parables Magazine Privacy Policy, with
this Agreement, and with all applicable laws and regulations (including without
limitation any local laws or regulations in your country, state, city, or other
governmental area, regarding online conduct and acceptable content, and
including all applicable laws regarding the transmission of technical data
exported from the United States or the country in which you reside) and (ii)
your use of the Website will not infringe or misappropriate the intellectual
property rights of any third party.
15.
Indemnification. You agree to indemnify and hold harmless
Parables Magazine, its contractors, its licensors, and their respective
directors, officers, employees, and agents from and against any and all claims
and expenses, including attorneys’ fees, arising out of your use of the
Website, including but not limited to your violation of this Agreement.
16.
Miscellaneous. This Agreement constitutes the entire
agreement between Parables Magazine and you concerning the subject matter
hereof, and they may be modified at any time. Except to the extent applicable
law, if any, provides otherwise, this Agreement, any access to or use of the
Website will be governed by the laws of the Pennsylvania, US, excluding its
conflict of law provisions, and the proper venue for any disputes arising out
of or relating to any of the same will be the state and federal courts located
in Northampton County, PA. This Agreement will be binding upon and will inure
to the benefit of the parties, their successors and permitted assigns.
17.
Waiver and severability of
terms
At any time, should
Parables Magazine fail to exercise or enforce any
right or provision of the TOS, such failure shall not constitute a waiver of
such right or provision. If any provision of this TOS 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 the other provisions of the TOS remain in full force and
effect.
18.
Statute of limitations
You acknowledge,
understand and agree that regardless of any statute or law to the contrary, any
claim or action arising out of or related to the use of our Services or the TOS
must be filed within 1 year(s) after said claim
or cause of action arose or shall be forever barred.
19. Release
In the event you
have a dispute, you agree to release Parables Magazine,
(and its officers, directors, employees, agents, parent subsidiaries,
affiliates, co-branders, partners and any other third parties) from claims,
demands and damages (actual and consequential) of every kind and nature, known
and unknown, suspected or unsuspected, disclosed and undisclosed, arising out
of or in any way connected to such dispute.
20. Limitation of liability
You explicitly
acknowledge, understand, and agree that Parables Magazine
and our subsidiaries, affiliates, officers, employees, agents, partners, and
licensors shall not be liable to you for any punitive, indirect, incidental,
special, consequential, or exemplary damages, including, but not limited to,
damages which may be related to the loss of any profits, goodwill, use, data
and/or other intangible losses, even though we may have been advised of such
possibility that said damages may occur and result from:
o The use or inability to use our
services;
o The cost of procuring
substitute goods and services;
o Unauthorized access to or the
alteration of your transmissions and/or data;
o Statements or conduct of any
such third party on our service;
o And any other matter which may
be related to our service.