Terms of Service for Website of the Academy of St. Adalbert

1. Acceptance of Terms of Service and Amendments.
Each time you use or cause access to this website, you agree to be bound by these Terms of Service, and as amended from time to time with or without notice to you. In addition, if you are using a particular service o­n or through this website, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Terms of Service. Please see our Privacy Policy and Children's Privacy Policy below, which are incorporated into these Terms of Service by reference.

2. Our Service.
Our website and Services provided to you o­n and through our website o­n an "AS IS" basis. You agree that the owner of this website exclusively reserves the right and may, at any time and without notice and any liability to you, modify or discontinue this website and its Services or delete the data you provide, whether temporarily or permanently. We shall have no responsibilty or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.

3. Your Responsibilities and Registration Obligations.
In order to post on this website, you must register o­n our site, agree to provide true, accurate, current and complete information when requested, and be at least the age of thirteen (13) or older or have the permission of a parent or guardian. When registering, you explicitly agree to our Terms of Service and as may be modified by us from time to time and available here. If you are granting permission to your child for an account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children being registered. By registering your child you also give your child permission to access all of the Services provided on the website including school news, classroom journals, message boards, forums, clubs, and messaging (among others). Please remember that the website is designed to be used by the school community. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 6 below) are appropriate for your child.

4. Privacy Policy.
Registration data and other personally identifiable information that we may collect is subject to the terms of our Privacy Policy and Children's Privacy Policy.

5. Registration and Password.
You are responsible for maintaining the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to (a) immediately notify us of any unauthorized use or your registration, user account or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

6. Your Conduct.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. We do not control the Content posted via the Service and, as such, do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, the Academy of St. Adalbert or Parish staff, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
h. upload, post, email, transmit or otherwise make available with intent any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
l. "stalk" or otherwise harass another; or
m. Collect or store personal data about other users.
You acknowledge that we do not pre-screen Content, but that we and our designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, we and our designees shall have the right to remove any Content that violates the Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance o­n the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely o­n any Content created by us or submitted to us, including without limitation information in the website's Message Boards, Forums, Comments, and in all other parts of the Service.
You acknowledge and agree that we may preserve Content and may also disclose 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 the Terms of Service; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of the Academy of St. Adalbert, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

7. Submission of Content on this Website.
We do not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the website, you grant us the following world-wide, royalty free and non-exclusive license(s), as applicable:
(a) you agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology known or later developed;
(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth in this Section 7;
(c) you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any Content you provide at any time and for any reason, with or without notice.

8. Third Party Services.
Goods and services of third parties may be advertised and/or made available o­n or through this website. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.

9. Indemnification.
You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney's fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this website or service, your provision of Content, your violation of this Terms of Service or any other violation of the rights of another person or party.

10. DISCLAIMER OF WARRANTIES.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS" AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.
Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.

11. LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INDICENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY o­n THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.

12. Reservation of Rights.
We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our website, its content, and the goods and Services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making Services available to you and you will have no rights to make any commercial uses of our website or service without our prior written consent.

13. Notification of Copyright Infringement.
Under the Digital Millennium Copyright Act ("DMCA," codified in relevant part at 17 U.S.C. § 512), copyright owners who believe that their rights have been infringed by unauthorized use of their protected works appearing at an online location may contact, directly or through their authorized agents, the service provider hosting such o­nline location and request that the infringing material be removed or access to it blocked. We have designated the following individual to receive notification of claimed infringement:

Academy of St. Adalbert
56 Adalbert Street
Berea, OH 44017
ATTN: Deacon John Gregory

Any such notification must be in writing, and must include:
1. A physical or electronic signature of a person authorized to act o­n behalf of the owner of the right that is allegedly infringed;
2. A description of the copyrighted work claimed to have been infringed, including, if available, a URL where the copyrighted work exists or a copy of the copyrighted work;
3. Identification of the material claimed to be infringing, including a URL or other specific location where the material can be found;
4. The name, address, telephone number and e-mail address of the complaining party;
5. A statement by the complaining party that it has a good faith belief that there is no legal basis for the use of the materials complained of; and
6. 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.
Upon receipt of notification of claimed infringement, we will investigate and take appropriate action, which may include, promptly notifying the alleged infringer and removing or disabling access to the material.

14. Governing Law and Jurisdiction.
These Terms of Service will be governed by Ohio law for all purposes, including web site use and product purchases, without giving effect to any principles of conflicts of laws. You hereby consent to the jurisdiction and venue of the courts of Ohio.
Indemnification: You agree to indemnify, defend and hold harmless the Academy of St. Adalbert, its officers, directors, employees, agents, co-branders, licensors, suppliers, sponsors, and affiliates from and against any claims, actions or demands, liabilities and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Service or any activity related to your use of this website by you.

15. Miscellaneous Information.
(i) In the event that this Terms of Service conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Terms of Service will remain valid and intact; (ii) The failure of either party to assert any right under this Terms of Service shall not be considered a waiver of any that party's right and that right will remain in full force and effect; (iii) You agree that without regard to any statue or contrary law that any claim or cause arising out of this website or its Services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred; (iv) We may assign our rights and obligations under this Terms of Service and we shall be relieved of any further obligation.

Privacy Policy for Website of the Academy of St. Adalbert

We take your right to privacy seriously. This Privacy Policy deals with personal information (referred to as "Data" below) that may be collected or received by us o­n our website, including information related to your past use of our website. This Privacy Policy does not apply to other entities that we do not own or control or persons that are not our employees, agents or within our control.

There is a separate Children's Privacy Policy (shown below) for users who are 13 years or younger.

1. Collection of Data.
Our registration process requires a valid e-mail address, a unique user ID, and a password. Providing us with other information is at your option. Please take note that your user name, e-mail address, or other submissions that you make on this website may contain your real name or other personally identifiable information and, as a result, may appear on this website. O­nce you register with us and login to our services, you are not anonymous to us. Like many websites, we may also automatically receive general information that is contained in our server log files such as your IP address, cookie information, and the page you request. Information about how advertising may be served o­n this website (if at all) is set forth below.

2. Use of Data.
We may use Data to customize and improve your user experience on this website. We will not rent, sell or share Data with third parties unless (i) provided for otherwise in this Privacy Policy; (ii) we obtain your consent, such as when you choose to opt-in or opt-out to the sharing of Data; (iii) a service provided o­n our website requires the interaction with or is provided by a third party, by way of example an Application Service Provider; (iv) pursuant to legal process, subpoenas, court orders, or law enforcement; (v) we find that your use of this website violates this Privacy Policy, our Terms of Service, or other usage guidelines deemed reasonably necessary by us to protect our legal rights and/or property; (vi) this website is purchased by a third party whereby that third party will be able to use the Data in the same manner as we can as set forth in this Privacy Policy. In the event you choose to use links that appear on our website to visit other websites, you are advised to read the privacy policies that appear on those websites.

3. Cookies.
Like many websites, we set and use cookies to enhance your user experience, such as retaining your personal settings. Advertisements may appear on our website and, if so, may set and access their own cookies o­n your computer and is subject to the privacy policy of those parties providing the advertisement. However, the companies serving the advertising do not have access to our cookies. These companies usually use non-personally identifiable or anonymous codes to obtain information about your visits to our website.

4. Children.
We do not allow persons who are ages thirteen (13) or younger to become members of this website without parental permission. Children under eighteen (18) should consult with their parent(s) or guardian(s) about the use of this website for their benefit.

5. Editing or Deleting Your Account Information.
We provide you with the ability to edit the information in your user account information that you provided to us in registration by using your personal page configuration area. You may request deletion of your user account by contacting the principal. We reserve the right to send you certain communications relating to the website and the school, such as service announcements and administrative messages that are considered part of your user account, without offering you the opportunity to opt-out of receiving them.

6. Forums
You acknowledge that information that you provide in forums on this website is viewable by all users of this website. Please use discretion when posting information to the forums of this and any other website. Content or other data that you may have provided to us and that is not contained within your user account, such as posts that may appear within our forums, may continue to remain o­n our website at our discretion even though your user account is deleted.

7. Changes to this Privacy Policy.
We may make changes to this Privacy Policy from time to time. We will notify you of substantial changes to this Privacy Policy either by posting a prominent announcement on our website and/or by sending a message to the e-mail address you have provided to us that is contained within your user settings.

8. NO GUARANTEES.
While this Privacy Policy states our standards for maintenance of Data and we will make efforts to meet them, we are not in a position to guarantee these standards. There may be factors beyond our control that may result in disclosure of data. As a consequence, we disclaim any warranties or representations relating to maintenance or nondisclosure of Data.

9. Contact Information.
If you have any questions about this Privacy Policy or our website, please feel free to contact the principal.

Children's Privacy Policy, and Note to Parents and Caregivers
This Children's Privacy Policy covers all data collected and used by us. In addition to the general Privacy Policy (above), this Children's Privacy Policy provides further information and privacy protections for our users who are at or under the age of 13.

We care about the privacy of children. We recognize that children's use of the Internet and E-mail raise special concerns regarding privacy and security of information.

It is our intention to adhere to the Children's O­nline Privacy Protection Act and its rules o­n collecting personal information from minors. We remind and encourage all parents to check and monitor their children's o­nline activities. Help us protect the privacy of your children by ensuring that they never send E-mail or submit personal information on this site or any other without your permission.

We do not condition a child's participation in an activity or the child's disclosing more personal information than is reasonably necessary to participate in that activity. We do not share your children's personal information with third parties.

Personal Information
Our registration process requires a valid e-mail address, a unique user ID, a password, and the permission of the parent or legal guardian of the child/children being registered. We use this information to create and maintain accounts.

Once registered, children have the ability to participate in all Services offered to the school community on our website. These include school news, homework journals, message boards, forums, clubs, and messaging (among others). Reading information does not require children to provide any personal information beyond that used during registration.

Activities such as posting questions in the class journals, conversing in school forums, and messaging other users (among others) will expose personal information to other users of the website that cannot be deleted without the assistance of the school principal. Emailing other users of the website will expose personal information in those emails to systems outside the jurisdiction of the school. Please remember that the website is designed to be used by a school community. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 6 of the Terms of Service (above) are appropriate for your child, and to instruct your child in the appropriate use of the website according to your restrictions and the restrictions of our Terms of Service.

Ability to Update and Delete Your Child's Information
Parents have the right to review and have deleted any personally identifiable information we have collected from their children, and refuse to permit further collection of that information. Viewing the information can be accomplished by signing into that child's account, visiting the account link (it looks like two cards with key symbols on them) o­n the bottom right of the page, and by using the Search function of the website. Viewing and deleting the information may be accomplished with the assistance of the school. To start this process, please contact the principal, Deacon John Gregory, as described below.

Contacting Us
If you have questions or concerns about this Children's Privacy Policy, you can contact the principal, Deacon John Gregory, in any of the following ways:

By Mail:
Academy of St. Adalbert
56 Adelbert Street
Berea, OH 44017
ATTN: Deacon John Gregory

By Phone:
(440) 234-5529