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Legal
Notice, Disclaimer, and Terms of Use
Bishop’s Commons at St. Luke ("Bishop’s
Commons")
Use of this Website is subject to the following terms and
conditions. Your use of the website constitutes acceptance
of these terms and conditions.
I. Interpretations
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1.
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Definitions:
In this Agreement:
"Content" includes, but is not limited to,
all text, photographs, software, animation files,
graphics, video and audio files and anything else
contained in this Website.
"User" includes, but is not limited to,
any person who accesses this Website by any means
whatsoever, including, but not limited to, legal,
illegal, authorized and unauthorized means.
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2.
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Invalidity:
If, for any reason whatsoever, any term of this Agreement
is deemed by a court to be void, void able or otherwise
unenforceable, such term shall be deemed to be sever
able from the remainder of the Agreement, and the
remainder of the Agreement shall be construed and
interpreted without reference to the unenforceable
term.
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3.
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Assignment:
Bishop’s Commons at St. Luke may assign its
rights or obligations under this Agreement at any
time without notice to Users.
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4.
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Termination:
Bishop’s
Commons at St. Luke or the User may terminate this
Agreement at any time, either with or without cause.
The User may terminate this Agreement by ceasing to
use this Website. The following clauses of this Agreement
will survive any termination by either party: II,
III, IV, V, VI and VII.
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II. Copyright and trademarks
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1.
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Ownership:
The Content of this Website is owned by or is mad
Bishop’s Commons at St. Luke available by permission
of the owner.
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Rights:
The use of this Website grants no interest, whether
proprietary, license, or otherwise, in the intellectual
property rights, or any other rights which may exist
or are hereafter developed in respect of any portion
of the Website or its Content.
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3.
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License:
Any computer software downloadable or otherwise available
from this Website is licensed subject to the terms
of the applicable license agreement. Although every
effort has been made to ensure that any software that
may be downloaded from this Website is compatible
with as many types of computers as possible, Users
should take care to back up all essential software
before loading any software from this Website.
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III. Permitted secondary uses
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1.
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The User may freely download, copy,
display, exhibit, share, or otherwise distribute the
Content of this Website for non-commercial purposes
only. However, on any such downloading, copying, display,
exhibition, sharing or distribution, the User must
explicitly acknowledge Bishop’s Commons at St.
Luke as the provider of such Content. Bishop’s
Commons at St. Luke reserves the right to require
the User to delete, destroy or otherwise remove any
content that is used in a manner that in St. Luke's
opinion is contrary or otherwise inappropriate, derogatory
or offensive.
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2.
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The User agrees that any person to
whom the Content is provided directly or indirectly
through the User, will be advised of the terms of
this Agreement, and that each such person is bound
by these terms
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3.
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The User may in no way modify, reformulate,
adapt, alter, adjust, change, disassemble, frame or
decrypt any of the Content of this Website.
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IV. Third-party submissions
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1.
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By posting via email or otherwise
any Content, or know-how to this Website, including
electronic mail, the User grants to Bishop’s
Commons at St. Luke a perpetual, non-exclusive, irrevocable,
worldwide, royalty-free right and license to use,
download, upload, copy, exhibit, display, distribute,
publish, post to any other public forum, perform,
sell, alter, modify, change, sub-license, create derivative
works from and otherwise treat as its own such Content,
trade secrets or know-how in whatever manner s Bishop’s
Commons at St. Luke shall, in its sole discretion,
deem appropriate without any form of recognition,
credit, acknowledgement, reward or compensation whatsoever
for the User's contribution of such Content, or know-how
to Bishop’s Commons at St. Luke. Furthermore,
Bishop’s Commons at St. Luke, its affiliates,
contractors, agents and/or employees will in no way
be responsible or liable for damages, whether they
be direct, indirect, consequential, incidental, special,
punitive, exemplary or general damages, contribution
or indemnity of any kind whatsoever, howsoever caused,
resulting from any alterations or additions to its
goods, products, programs, promotions and/or services
which may resemble any Content, or know-how posted
to this Website, including electronic mail, by any
User.
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2.
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Furthermore, by posting any Content,
trade secrets, or know-how to this Website, including
electronic mail, the User represents and warrants
that such Content, trade secrets, or know-how is his
or her own work, is non-confidential, and its use
by Bishop’s Commons at St. Luke in no way violates
the intellectual property or other rights of any third
parties. The duty to ensure non-infringement of the
rights of any third parties rests solely with the
User.
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3.
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The User agrees to indemnify, contribute
to, and hold harmless St. Luke, its affiliates, contractors,
agents and/or employees against any liability, be
it civil, criminal, or quasi-criminal, resulting from
the use, transfer or sub-license by St. Luke of any
Content, trade secrets or know-how provided by Bishop’s
Commons at St. Luke to the User. This indemnification
shall extend and apply to any payment or other agreement
made by Bishop’s Commons at St. Luke, its affiliates,
contractors, agents and/or employees in settlement
and/or satisfaction of any such claim or potential
claim, whether such settlement and/or satisfaction
is either full or partial, and whether the payment
or other agreement is made or concluded either prior
to or following the institution of proceedings against,
Bishop’s Commons at St. Luke its affiliates,
contractors, agents and/or employees. As part of this
indemnification, the User agrees to co-operate with
all reasonable requests made by St. Luke, its affiliates,
contractors, agents and/or employees.
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V. Choice of law
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1.
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Any dispute arising out of the use
of this Website, the Content or availability thereof,
the construction or interpretation of this Agreement,
or anything related or similar thereto is governed
by the laws of the State of New York, United States,
without any reference to conflicts of laws rules or
principles.
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2.
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Any dispute arising out of the use
of this Website, the Content or availability thereof,
the construction or interpretation of this Agreement,
or anything related or similar thereto is only to
be decided by a court of competent jurisdiction sitting
within the legal boundaries of the State of New York,
United States.
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VI. Rights to control site
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1.
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The Content of this Website is subject
to change, restriction or termination without any
notice to Users.
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VII. Limitations of liability
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1.
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This site is designed to provide
knowledge for informational purposes only. The information
is taken from sources believed to be reliable, and
the information is believed to be accurate at the
time it is posted to the Website. However, there is
no way to ensure that the information is accurate
at any moment in time.
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2.
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There are certain links on this Website,
which will lead the User to other sites on the World
Wide Web. These links are provided for convenience
only, and a link to any other Website should not be
taken to imply any endorsement of any other Website
by Bishop’s Commons at St. Luke, its affiliates,
contractors, agents and/or employees.
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3.
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Bishop’s Commons at St. Luke,
its affiliates, contractors, agents and/or employees
are in no way responsible or liable for any damages
whether they be direct, indirect, consequential, incidental,
special, punitive, exemplary or general damages, contribution
or indemnity, of any kind whatsoever, howsoever caused,
(including, but not limited to, breach of contract,
loss of profit, business interruption, loss of business
data or information, negligence or other tortious
behavior, deletion, error, defect, omission, or destruction
of the Content of the Website, unauthorized access
to, or alteration of, the Content of this Website
by third parties, or employees, or agents of, transmission
of material, Bishop’s Commons at St. Luke or
any other cause of action, regardless of whether it
arises at law or in equity) arising out of the use
or non-availability of this Website, or reliance on
the Content contained herein, resulting from any decision
taken on the basis of information provided through
the Website, resulting from the Content of other websites
to which any User links through this Website, or resulting
from any such change, restriction, or termination
of this Website or resulting from the incompatibility
of any software downloaded, copied, or otherwise originating
from this Website.
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4.
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This limitation of liability shall
apply even if Bishop’s Commons at St. Luke,
its affiliates; contractors, agents and/or employees
have been advised of the possibility of the damages
referred in this notice.
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5.
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This Website is provided "as
is", Bishop’s Commons at St. Luke its affiliates;
contractors, agents and/or employees do not warrant
that the use of this Website will be uninterrupted,
error-free, stable or suitable for all Users. Bishop’s
Commons at St. Luke, its affiliates, contractors,
agents and/or employees make no warranties, either
express or implied, about the Website, its availability,
or its operation without limiting the generality of
the foregoing, this includes implied warranties of
merchantability, fitness for a particular purpose,
expectation of privacy, or non-infringement. Any User
who accesses this Website does so solely at his or
her own risk.
The User agrees to indemnify, contribute to and hold
harmless Bishop’s Commons at St. Luke, its affiliates,
contractors, agents, and/or employees, against any
liability, be it civil, criminal or quasi-criminal,
resulting from any violation of any law by the User
in their use of this Website. The User shall be responsible
to the full extent of any liability, payment or other
agreement made by its affiliates Bishop’s Commons
at St. Luke, contractors, agents and/or employees,
in settlement and/or satisfaction of any claim or
potential claim, whether such payment or agreement
is made or concluded prior to or following the institution
of formal proceedings against, Bishop’s Commons
at St. Luke its affiliates, contractors, agents and/or
employees.
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