Terms Of Use

Welcome to our website, viamusica.com.

This Terms of Use Agreement, which includes all of the policies linked to in this agreement (collectively, “Terms”) sets forth the terms and conditions of use of our website. Please read them carefully.

If you do not agree to these Terms, do not click “agree” and do not use our website.

Updates

We may update these Terms from time to time. If we believe that the changes are material, we’ll let you know by doing one (or more) of the following: (1) posting the changes on our website or (2) sending you an email or message about the changes. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of our website following the changes constitutes your acceptance of the updated Terms.

Your Use of Our Website

We grant you a limited, non-exclusive, non-transferable and revocable license to use our website and services, subject to these Terms.

Privacy Policy

Review our Privacy Policy to see what information we collect when you use our website and how we use that information. When you click “agree” to agree to the Terms and/or use our website, you agree to our Privacy Policy.

Your Account

To order products or services through our website, you’ll need to create an account. You must be at least 18 years old to create an account, and you must provide accurate and complete information when creating that account. You’re responsible for all activity on your account, so keep your password secure. We will not be responsible for any losses arising out of the unauthorized use of your account. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Payment

You agree to promptly pay for all products and services you purchase through our website, and you agree that we may charge your payment method for purchases, plus any shipping charges, taxes and late fees.

Content that You Post

By posting a comment or review on our website, you represent that you have all necessary rights to that content, that the content is accurate, and that you’re not infringing or violating any third party’s rights by posting it. We have the right but not the obligation to monitor and edit or remove any content. We take no responsibility and assume no liability for any content posted by you or anyone else.

If content you post infringes another person’s intellectual property, we will remove it if we receive proper notice. We’ll notify you if that happens. We may also remove your content if it is illegal, obscene, abusive, threatening, defamatory, invasive of privacy, false, misleading, or vulgar, contains viruses, violates our Terms or is otherwise injurious to third parties or objectionable.

By posting a comment or review on our website, you grant us a nonexclusive, worldwide, royalty-free, irrevocable, sublicensable, perpetual license to use, display, edit, modify, translate, reproduce, distribute, store, and prepare derivative works of your content in order to better provide our services and to promote our website and services, in any formats and through any channels, including any third-party advertising medium. You grant us the right to use the name you submit in connection with that content as well.

How to Report Unauthorized Content

If you discover that content you own or have rights to has been posted on our website without your permission and you want it removed, please provide us with the following information: (a) your address, telephone number, and e-mail address (if any); (b) your electronic or physical signature; (c) a description of the copyrighted work that you claim has been infringed; (d) a description of the allegedly infringing material and the location of that material on our website, sufficient for us to locate it; (e) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (DMCA), we designate the following individual as our agent for receipt of notifications of claimed copyright infringement:

• Copyright Agent
• OCP Publications
• Attn: Leanna Nudo
• 5536 NE Hassalo
• Portland OR 97213
• leannan@ocp.org
• 503-281-1191

Our Intellectual Property

All content included in or made available through our website (including website design, text, graphics, interfaces, and the selection and arrangement thereof) is the property of OCP or its content suppliers and is protected by US and international copyright laws. Further, all trademarks, including but not limited to those listed below, are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by OCP.

• Oregon Catholic Press
• OCP
• Spiritandsong.com
• viamusica
• North American Liturgy Resource
• NALR

Legal Compliance; Account Access

You agree not to violate any laws in connection with your use of our website or services. Further, you will not access or attempt to access an account that you are not authorized to access.

No Copying or Reverse Engineering; No Attempt to Harm Our Systems

You agree not to “crawl,” “scrape,” or “spider” any part of our website or to reverse engineer or attempt to obtain the source code of our website. You also agree not to interfere with or try to disrupt our website in any way, for example, by uploading malware.

Electronic Communications

By using our website, you’re agreeing to receive information from us electronically (by email, through our website, etc.) instead of through paper copies and that your electronic agreement is the same as your signature on paper. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Termination

You can terminate your account with us at any time, for any reason, and without advance notice by contacting customer service. We may terminate or suspend your account and your access to our website at any time, for any reason, and without advance notice. We also reserve the right to change, suspend or discontinue any of the services we provide at any time, for any reason. We will not be liable to you for the effect that any changes to our website or services may have on you.

Warranties, Returns and Limitation of Liability

We try our best, but since no one is perfect, things will go wrong on occasion. Our website and services are provided “as is” and without any kind of warranty (express or implied). To the fullest extent allowed by law, we expressly disclaim any warranties of title, non-infringement, merchantability and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing or usage of trade. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.

We do replace defective merchandise in accordance with our return policy. Also, we try to be as accurate as possible when describing our products, but we do not warrant that product descriptions or other content of our website is accurate, complete, reliable, current, or error-free. If a product is not as described, your sole remedy is to return it in accordance with our return policy.

We don’t guarantee that our website will be secure, that our website will be available at any particular time or location or that our website will be free of malware. You use our website solely at your own risk.

While using our website, you may come across materials that you find offensive or inappropriate. We make no representations concerning any content posted by other users. We are not responsible for the accuracy, legality or decency of content posted by users. You release us from all liability relating to that content.

In no case will OCP or its directors, officers, employees, affiliates, agents or licensors be liable for any damages whatsoever, and in particular we will not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to our website or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if we have been advised of the possibility of such damages. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages; therefore, the above-referenced exclusion is inapplicable in such jurisdictions.

Indemnification

You agree to indemnify and hold us and our affiliates, officers, directors, employees, agents and licensors harmless from any claim or demand (including reasonable attorney’s fees at arbitration, on trial and on appeal) that arises from your alleged breach of these Terms or other alleged wrongful actions and/or omissions.

Miscellaneous

The Terms are governed by the laws of the State of Oregon, without regard to conflict of laws rules, and the laws of the United States of America. You also agree to submit to the personal jurisdiction of a state court or federal court located in Multnomah County, Oregon, USA. Venue is proper only in Multnomah County, Oregon, USA.

If any provision of these Terms is judicially declared to be invalid, unenforceable, or void by a court of competent jurisdiction, such decision will not have the effect of invalidating or voiding the remainder of these Terms, and the part(s) of these Terms so held to be invalid, unenforceable or void will be deemed stricken, and these Terms will be reformed to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. The remainder of these Terms will have the same force and effect as if such part or parts had never been included.

You agree that these Terms may be assigned by us in our sole discretion, to a third party. You may not assign these Terms or any of your rights or responsibilities under these Terms.

These Terms are the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.

In the event that any action, suit or legal proceeding is initiated or brought to enforce any or all of the provisions of these Terms, the prevailing party will be entitled to such attorneys’ fees, costs and disbursements as are deemed reasonable and proper by an arbitrator or court. In the event of an appeal of an initial decision of an arbitrator or court, the prevailing party will be entitled to such attorneys’ fees, costs and disbursements as are deemed reasonable and proper by the appellate court(s).

The failure of either party to insist upon strict compliance by the other party with any of these Terms will not constitute a waiver of future violations of the same or any other term.

The Terms will remain in effect even after your access to your account and/or our website is terminated.

Contact Information

If you have any questions about these Terms, please contact us at liturgy@ocp.org.