DIOCESAN PRINT SHOP WEBSITE | TERMS AND CONDITIONS OF USE

Last updated: [March 2023]

Polack Printing, Inc., a Michigan corporation, dba Diocesan and dba Diocesan Publications, and/or one or more of its subsidiaries or affiliates (collectively, “Diocesan”) maintains the custom print order platform located at diocesan.com (the “Website”). By accessing the Website, users agree to be bound by the following terms and conditions (the “Terms and Conditions”), which Diocesan may revise at any time. Users are encouraged to visit this page from time to time to review current terms and conditions.

If a user does not agree with any change, modification or amendment Diocesan may make to these Terms and Conditions, the user may withdraw its consent to be bound to the changes by notifying Diocesan in writing immediately. If a user withdraws its consent, however, the user must immediately discontinue use of its account and this Website. The user’s account will be deactivated, and the user will no longer be eligible to use this Website or order further products or services from Diocesan. If a user’s account is deactivated, this will not affect the user’s responsibility for payment of jobs already completed and/or in production.

1. Copyright and Proprietary Rights. This Website, the Website layout and design, and all Website page themes and skins are the property of Diocesan and are protected by U.S. and international copyright laws. All content of the Website, including without limitation, HTML text, graphics, other files, code, software layout, designs, forms, templates, artwork, photographs, images, document layouts, text, fonts, music, software tools, and other information, either alone and/or as compilation thereof (collectively, the “Materials”), constitutes the copyrighted property of Diocesan or of those parties from whom Diocesan has licensed such property, and is protected by United States, international and other laws. Diocesan reserves all rights in and to this Website and the Materials worldwide. Use of this Website and/or any Materials does not convey to the user or any other person an interest of any kind to the Materials. Diocesan reserves the right to add to, delete from, or modify any part of the Materials at any time without prior notice.
2. User Provided Content.

a) For certain product and service offerings, users may elect to electronically upload or otherwise submit data, text, photographs, graphics, messages, or other materials (collectively, “User Content”) to Diocesan for inclusion in print products. Each user understands and agrees that such user (and any other person from whom it may have originated) is solely responsible for all User Content. When a user uploads, or otherwise provides User Content to Diocesan, the user warrants and confirms that the user either owns the copyright to or has permission to copy any documents, text, graphics, photographs, etc., that the user submits for inclusion in the print process, and the user agrees to defend, indemnify and hold Diocesan and its officers, directors, employees, shareholders, agents and affiliates harmless from any suit, demand, or claim arising out of any breach of this warranty and agrees to pay any judgment or reasonable settlement offer resulting from any such suit, demand or claim, and to pay any attorney’s fees incurred by Diocesan in defending against such suit, demand or claim.

b) Each user agrees to not send, upload, post or otherwise transmit to Diocesan any User Content that contains material that: (i) is unlawful, threatening, abusive, defamatory, obscene, and/or promotes racism or discrimination of any kind; (ii) which invades another person’s privacy; (iii) which would further the commission or concealment of a crime; (iv) advocates or urges treason, insurrection, sedition or forcible resistance to any law of the United States; (v) is not lawfully the user’s to transmit; (vi) is the subject of, or which infringes upon, any patent, trademark, trade name, trade secret, copyright, right of publicity, moral right or other intellectual property right of another person or entity; (vii) contains software viruses, trojans, malware, or other harmful or malicious computer code, or that in any other way would way interfere with or disrupt the services and/or production of Diocesan and/or or any servers or networks connected to or used in connection with the delivery of such service and production.

c) Each user acknowledges that Diocesan does not pre-screen User Content, but that Diocesan reserves the right to do so at any time and that Diocesan will have the right (but not the obligation) in its sole discretion to remove any User Content and/or to refuse to fulfill a print job or order that violates these Terms and Conditions or that may otherwise be objectionable. Each user further acknowledges and agrees that Diocesan may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that the User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Diocesan, its employees, users and the public in general.

d) Regardless of the upload of User Content to this Website, and/or the inclusion of User Content into any product or service offered through this Website, Diocesan retains all of its rights in and to all Materials on this Website, whether created by, for or on behalf of Diocesan.

e) Please note that if a user’s order requires additional customization to be done by a third party, Diocesan is no longer responsible for the order and Diocesan’s liability to the user is terminated at the time the order leaves Diocesan. This includes packaging and label orders also.

3. Security. By creating accounts and passwords on the Website, users agree to maintain the confidentiality of their login credentials and are responsible for restricting access to their personal computer and mobile devices. User agrees to use the Website for lawful purposes only and will not participate in any action that will compromise the security of the Website or damage the Website and their content.
4. Purchasing on the Website. DIOCESAN HAS THE RIGHT TO REFUSE, LIMIT, OR CANCEL ANY ORDERS PLACED ON THE WEBSITE, FOR ANY REASON OR NO REASON, IN ITS SOLE DISCRETION. Errors in pricing or description are subject to correction and may be adjusted at any time. Errors in order processing are also subject to correction. A user must be 18 or older to make a purchase on the Website.
5. Privacy. Diocesan is committed to protecting the privacy of visitors to the Website in accordance with applicable laws and regulations. All information gathered from users in connection with use of the Website is governed by the Diocesan Privacy Policy, located at https://diocesan.com/legal/.
6. Links to Third-Party Sites. Diocesan is not responsible for the content or privacy policies of any off-site pages or other sites that may be linked to or from the Website. Linking to any off-site pages or other sites is at the user’s own risk. A link does not imply endorsement or affiliation with the linked site by Diocesan.
7. Integrated Third-Party Tools. Diocesan may offer integrated tools and other social sharing features on the Website. By accessing the integrated tools and features users agree to be bound by the third party’s terms of service.
8. Disclaimer of Warranties. Without limiting the foregoing, all Materials on the Website are provided “AS IS” WITHOUT A WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, COPYRIGHT OWNERSHIP AND/OR NON-INFRINGEMENT OR OTHER THIRD PARTY PROPRIETARY RIGHTS. Diocesan may update, change, or delete content at any time. Diocesan makes reasonable, ongoing efforts to revise and update the Website, but does not warrant that the Website will provide continuous, prompt, secure, or error-free service, and assumes no responsibility for any errors or omissions, including the inaccuracy of content, or for any damages or losses that users or any third party may incur as a result of the unavailability of the Website. Diocesan assumes no responsibility, and shall not be liable for, any damages to or viruses that may infect a user’s computer equipment or other property resulting from use of the Website or downloading of any Materials from the Website. At its discretion Diocesan may discontinue or take down the Website or any section or Material within the Website at any time.
9. Reporting Copyright Infringement. Diocesan is committed to complying with applicable copyright and related laws, and requires all users of the Website to comply with these laws. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (17 U.S.C. § 512) (the “Act”) to report alleged infringements. A copyright owner of any content should contact Diocesan immediately to report any concerns of infringement by providing notice to Diocesan’s designated Copyright Agent. If such notice is provided by email, please address it to: copyright.agent@diocesan.com; if such notice is provided by mail, please address it to: Copyright Agent, Polack Printing, Inc., 1050 74th St. SW, Byron Center, MI 49315 telephone: 800-994-9817.Under the Act, upon notification of claimed infringement relating to Material that was made available online by or at the direction of a person other than Diocesan, as described in the Notification of Claimed Infringement described below, Diocesan will remove, or disable access to, the Material that is claimed to be infringing or to be the subject of infringing activity.

Notification of Claimed Infringement: The Act requires a formal notification to Diocesan from the owner of an exclusive right that is allegedly infringed or their agent. To be effective, the Notification of Claimed Infringement must be a written communication provided to the designated Copyright Agent of Diocesan identified above that includes substantially the following:

• • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • 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 Diocesan to locate the Material.
  • Information reasonably sufficient to permit Diocesan to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has 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.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that any person who knowingly materially misrepresents that Material or an activity is infringing or causes Material or activity to be removed or disabled by mistake or misidentification, may be liable for any damages, including costs and attorneys’ fees.

Counter Notification: Once Diocesan responds to a Notice of Claimed Infringement and removes, or disables access to, the Material that is claimed to be infringing, Diocesan will take reasonable steps to promptly notify the person other than Diocesan that made the Material available online that Diocesan has removed or to which Diocesan has disabled access.

In the event that the person other than Diocesan that made the Material available online (the “Respondent”) has a good faith belief that the Material was removed or disabled as a result of mistake or misidentification of the Material to be removed or disabled, such person may submit a Counter Notification. To be effective, the Counter Notification must be a written communication provided to the designated Copyright Agent of Diocesan identified above that includes substantially the following:

• • A physical or electronic signature of the Respondent.
  • Identification of the Material that has been removed or to which access has been disabled and the location at which the Material appeared before it was removed or access to it was disabled.
  • A statement under penalty of perjury that the Respondent have a good faith belief that the Material was removed or disabled as a result of mistake or misidentification of the Material to be removed or disabled.
  • The Respondent’s name, address, and telephone number, and a statement that the Respondent consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Respondent’s address is outside of the United States, for the U.S. District Court for the Western District of Michigan, and that the Respondent will accept service of process from the person who provided the Notification of Claimed Infringement or an agent of such person.

Upon receipt of a Counter Notification from the person other than Diocesan that made the Material available online, Diocesan will promptly provide the person who provided the Notification of Claimed Infringement with a copy of the Counter Notification. Diocesan will inform that person that Diocesan will replace the removed Material or cease disabling access to it in not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless Diocesan’s designated Copyright Agent first receives notice from the person who submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the person other than Diocesan that made the Material available online from engaging in infringing activity relating to the Material.

10. Limitation of Liability. NONE OF DIOCESAN, ITS AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF DIOCESAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO USE OF THE WEBSITE, CONTENT, AND/OR COMPILATION. BY USE OF THE WEBSITE, USER EXPRESSLY AGREES THAT DIOCESAN, ITS AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL NOT BE LIABLE TO ANY PERSON FOR ANY CLAIM BASED ON DIOCESAN’S GOOD FAITH DISABLING OF ACCESS TO, OR REMOVAL OF, MATERIAL OR ACTIVITY CLAIMED TO BE INFRINGING OR BASED ON FACTS OR CIRCUMSTANCES FROM WHICH INFRINGING ACTIVITY IS APPARENT, REGARDLESS OF WHEATHER THE MATERIAL OR ACTIVITY IS ULTIMATELY DETERMINED TO BE INFRINGING.
11. Indemnity. The user agrees to indemnify, defend, and hold Diocesan and its respective supervisors, trustees, officers, agents, and employees harmless from all claims, causes, allegations, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to the user’s use of or operation of the Website or any of its Materials.
12. Entire Agreement; Severance; Waiver. These Terms and Conditions incorporate by reference any notices on the Website and, together with the Privacy Policy and any applicable third-party end-user license agreements, constitute the entire agreement regarding user access to the Website. If any provision of these Terms and Conditions or the Privacy Policy is deemed unlawful, void, or unenforceable, that provision will be severable from the remaining provisions and will not affect their validity and enforceability. Diocesan’s failure to enforce a provision on any occasion shall not be construed as a waiver of such provision.
13. Applicable Law and Jurisdiction. These Terms and Conditions and any amendments thereto shall be governed and construed in accordance with the laws of the State of Texas, U.S.A., without regard to principles of conflicts of laws. Excluding the Counter Notice provisions of Paragraph 9 above applicable to any Respondent whose address is outside of the United States, any dispute arising out of, in connection with, or related to this Agreement shall be brought in any federal or state court located in Travis County, Texas, U.S.A., and the parties hereby consent to the jurisdiction of and waive any objection that they may have to personal jurisdiction in these courts.