This is the agreement (“Agreement”) between anyone (“you”) using or viewing this website or using any services on this website and KOLBE AND FABER INC d/b/a ShareableFaith.com (“ShareableFaith”) related to all services and products provided by ShareableFaith (“the Services”) including but not limited to the use of this website, to You. Using the Services or this website demonstrates Your ongoing consent to the terms of this Agreement.
1. Contact and Notification Information: Please direct all correspondence and notices related to this Agreement to the following address.
KOLBE AND FABER INC
E-mail: [email protected]
2. Privacy: ShareableFaith will not sell or give away your personal information to third parties. Information you put on this website for public view is not considered personal information.
3. Services: ShareableFaith provides graphic design resources intended for Catholic parishes, schools and organizations. Your subscription includes access to a limited number of design elements per month. These designs are licensed for the limited use of you and your parish/organization.
3a. Image Branding: The ShareableFaith branding must remain intact on all downloaded images. If you have upgraded to a PRO account, you must leave all approved and added branding or logos intact.
3b. Image Modification: The images downloaded must be used as is and may not be modified or altered in any way.
4. Promotional Use: ShareableFaith reserves the right to use any designs or graphics created for you and all graphics submitted to ShareableFaith for any/all promotional use including (but not limited to): social media, graphic resource sites, free giveaways, company publications, etc.
5. Security: You are responsible for maintaining the secrecy, security, and confidentiality of your account and password information if applicable. You shall be responsible for any and all transactions conducted through your account and/or password, and for any consequences of the use or misuse of such account and password. You will notify ShareableFaith of any breach in security or unauthorized use of the Services that you become aware of within 24 hours of your awareness of such activities.
6. Indemnification: You agree to indemnify and hold ShareableFaith and its suppliers, affiliates, partners, subsidiaries and employees (collectively, the “Indemnified Parties”) harmless from any and all claims and demands, losses, liability costs and expenses (including, but not limited to, reasonable attorneys’ fees), incurred by an Indemnified Party arising out of or related to (i) Your breach of this Agreement; (ii) any information submitted, posted, or otherwise provided by You to ShareableFaith; (iii) any dispute or litigation between an Indemnified Party and a third party caused by your actions; or (iv) Your negligence or violation or alleged violations of any rights of another. These obligations will survive any termination of this Agreement or the Services. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of ShareableFaith or its suppliers, affiliates, partners, subsidiaries and employees.
7. Governing Law: This Agreement shall be governed by the laws of the State of Delare, U.S. A. without regard to its choice of law provisions. For any non-arbitral action or proceeding, the parties submit to the exclusive jurisdiction and venue chosen by ShareableFaith. If any term or provision of this Agreement should finally be construed as unenforceable, then the remaining provisions shall remain in full force and effect and shall be binding upon the party to be charged.
8. Arbitration: Any dispute, claim, cause of action or controversy arising out of or relating to this Agreement shall be submitted to binding arbitration according to the rules of the Federal Arbitration Act as modified by the terms of this Agreement. All Arbitrations will be held in Houston, Harris County, Texas. Any arbitration demand must be made within one year of the date on which the claim arose, regardless of any law or statute to the contrary or such claim shall be barred and waived. The parties will agree on one arbitrator within 30 days of the demand for arbitration (“Demand’”) If the parties cannot agree on one arbitrator, then each party will designate an arbitrator of their choice within 60 days of the Demand and those two arbitrators will agree on a third arbitrator within 90 days of the Demand. Discovery will be held generally according to the Delaware Rules of Civil Procedure as modified by the arbitrator(s)’ procedures for discovery. Neither the Delaware nor Federal rules of evidence shall apply. All judgments by the arbitrator(s) are enforceable in any court of competent jurisdiction. The arbitration will be conducted within 1 year of the date of the Demand. Each party will be responsible for their proportionate share of the arbitrator(s) fees.
9. Third Party Content: For Your convenience, the Service, contains products, services, content and information from third party providers (which may include advertisers and affiliates) and/or links to Web sites (“Third Party Content”). Such Third Party Content is not under the control of ShareableFaith and ShareableFaith is not responsible for such content, including, without limitation, any link contained in such content, or any changes or updates to such content. ShareableFaith is under no obligation, but does reserve the right to pre-screen Third Party Content available on the Service and does not assume any responsibility or liability for the content provided by others. ShareableFaith is providing such Third Party Content to You only as a convenience, and the inclusion of such content does not imply endorsement by ShareableFaith of such content or the affiliate or advertiser. You may be subject to additional and/or different terms, conditions, and privacy policies when using third party products, services, content, software, or sites.
ShareableFaith is not and will not be responsible for (i) the terms and conditions of any transaction between You and any third party, (ii) any insufficiency of or problems with any such third party’s background, insurance, credit or licensing, or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that You have a dispute with any such third party, You release ShareableFaith (and its affiliates, suppliers, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
10. No Warranties: ALL GRAPHICS, CONTENT, CODE, AND INFORMATION PROVIDED ON DOMAIN OR THROUGH THE SERVICES BY ShareableFaith IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. IN PARTICULAR (BUT WITHOUT LIMITATION), ShareableFaith DOES NOT WARRANT THAT THE FUNCTIONS AND MATERIAL CONTAINED ON DOMAIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ShareableFaith IS NOT RESPONSIBLE FOR ANY CONTENT OR MATERIAL LOST ON THE SITE DOMAIN DUE TO NATURAL OR UNNATURAL CAUSES, INCLUDING BUT NOT LIMITED TO
SERVER CORRUPTION OR MALFUNCTION, SERVER DESTRUCTION BY NATURAL OR UNNATURAL CAUSES, OR ANY OTHER REASON UPON WHICH SERVICES AND/OR PRODUCTS PROVIDED BY ShareableFaith ARE INTERRUPTED OR ENDED. ShareableFaith DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITE DOMAIN, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF ALL SERVICES AND PRODUCTS MADE AVAILABLE BY ShareableFaith. ShareableFaith IS NOT RESPONSIBLE FOR THE CONTENT OF ANY SITES THAT MAY BE LINKED TO DOMAIN. THE LINKED SITES ARE FOR YOUR CONVENIENCE ONLY, AND YOU ACCESS THEM AT YOUR OWN RISK. UPON THE CANCELLATION OF ANY OR ALL SERVICES OR PRODUCTS ShareableFaith WILL MAINTAIN OWNERSHIP OF ANY AND ALL CONTENT NOT YET COMPLETED OR DELIVERED TO YOU.
11. Limitation of Liability: ShareableFaith, ITS AFFILIATES AND SPONSORS, ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES AND/OR CONTENT, OR INFORMATION CONTAINED WITHIN THIS WEBSITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR ANY DISPUTE OR CLAIM AGAINST ShareableFaith IS TO STOP USING THIS WEBSITE AND THE SERVICES. THIS PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
12. Modification of Services and/or Products: ShareableFaith reserves the right, at its sole discretion, to, at any time, modify, or discontinue any Services (including this website), temporarily or permanently, including the imposition of limits on certain features and services, modification or adjustments in pricing, or restriction of access to parts or all of the Services, with or without notice.
13. Modification of Agreement: You agree that ShareableFaith may modify this Agreement, as well as any additional rules or policies that are or may be published by ShareableFaith, as necessary to comply with agreements with third parties now or in the future or for any other reason. Your sole and exclusive remedy if You do not agree with any modification of this Agreement shall be to stop using this website and the Services. If you continue to use this website or the Services, you are bound by any modifications to this Agreement.