Terms and Conditions

Trinity Church New Haven Website Terms and Conditions

Trinity Episcopal Church New Haven (“TECNH” or “Trinity Church”) has created and maintains www.triniitynewhaven.org and certain related websites (the “TECNH Websites”) in order to make information about its services, programs, events, collections and resources available to both its parishioners and the general public (“Users,” “You” or “Your”) via the internet. By using the TECNH Websites and their content, Users are agreeing to comply with and be bound by the following Terms and Conditions. These Terms and Conditions may change from time to time. Your continued use of the TECNH Websites indicates Your acceptance of any changes to these Terms and Conditions. (Any changes to these Terms and Conditions are inapplicable to disputes arising, or arising out of events occurring, prior to the posting of such changes here.)

Proprietary Rights

As between You and TECNH, TECNH owns, solely and exclusively, all rights, title and interest in and to the TECNH Websites, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials thereon, the look and feel, design and organization of the TECNH Websites, and the compilation of the content, code, data and materials on such websites, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the TECNH Websites does not grant to You ownership of any content, code, data or materials You may access on these websites.

Use of Content From TECNH Websites

Trinity Church encourages You to use materials from the TECNH Websites, provided that You follow these guidelines:

1. Low Resolution Files (Only Non-Commercial Uses Allowed). Materials downloaded from the TECNH Websites may only be used for personal, educational, or research purposes. They may not be used for commercial purposes.

2. You Are Responsible For Obtaining Necessary Permissions. The TECNH Websites contain a wide range of content. They contain materials that are in the public domain as well as materials that are protected by copyright. In cases where materials on the TECNH Websites are protected by third party rights, You are responsible for clearing the necessary rights in order to use the materials in question. For example, if You want to download a photo that is still protected by copyright for use in a research paper, You must determine whether Your proposed use requires consent from the copyright holder, and, if so, You must secure the permission of the copyright holder. In some cases, You may also need to secure the consent of people who appear in photographs in our collections.

TECNH is not in a position to provide advice to You about which materials are protected by third party rights and which materials may be used freely. It is Your obligation to determine and satisfy copyright or other use restrictions when publishing or otherwise distributing materials from Trinity Church’s collections. You are solely responsible for determining whether the use of any digital object requires the permission of any other person or entity, and You are responsible for paying any associated fees. If You have questions about the legal issues surrounding the use of digital objects You should contact Your attorney.

3. Credit TECNH When You Use Materials From the TECNH Website. If You use material from the TECNH website online, You are asked to credit Trinity Church by linking directly to the permalink provided or, if no permalink is provided, via the URL on which the material is found. If You use material from the TECNH website offline, You are asked to credit Trinity Church as follows: “Courtesy of Trinity Church on the Green, New Haven, Connecticut. www.trinitynewhaven.org.

Member Generated Content

TECNH encourages Users to become involved in interactive portions of the TECNH website, by participating in online discussions and, in some cases, uploading content. Before You participate in these activities, however, You are asked to keep the following in mind:

1. Users who provide content to TECNH for its website are granting TECNH a non-exclusive, perpetual, worldwide, irrevocable license to use such material. In most cases, TECNH will only use this material on its website, but TECNH reserves the right to also use this material in other ways, such as in promotional materials created about Trinity Church and on third-party websites where Trinity Church promotes its services, events, history, archives, collections and/or activities. In each instance, You agree that TECNH may use Your content for these purposes without making any payments to You. If You are not willing to grant TECNH these rights, please do not contribute content to its site.

2. Please make sure that any content You contribute does not infringe on the rights of any third party. Do not contribute content, including artwork or photos, to which You don’t own the rights.

3. Please also remember to exercise good judgment when contributing written material or other content. In the TECNH Voices of Trinity pages, for example, Trinity Church prohibits commentary that is offensive or objectionable to others, that uses inappropriate language, or that is off-topic. TECNH reserves the right to reject, edit or delete User comments/content in a manner consistent with TECNH mission and policies. You are also asked not to insert Your own or a third party’s advertising, branding or other promotional content into any of Your comments/content.

4. TECNH is not responsible for any of the User-generated comments/content that appear on TECNH websites.

Trademarks

The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the TECNH Websites or on content available through the TECNH Websites are registered and unregistered Trademarks of TECNH and others and may not be used unless authorized by the trademark owner. Nothing contained on any TECNH Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark without written permission of TECNH or that of the third party rights holder. Your misuse of any Trademark is strictly prohibited. If You would like to contact Trinity Church to license the use of any of Trinity Church’s marks, please send an email to office@trinitynewhaven.org.

Third Party Websites

Among the many services offered by Trinity Church is access to data repositories provided by third parties. These repositories are subject to their own terms and conditions. Please review the terms and conditions specific to each repository You intend to use and make sure that You comply with the applicable rules.

Disclaimers

1. All materials on the TECNH Websites 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, and/or non-infringement. Trinity Church assumes no responsibility for damage to your computer or other property resulting from your use of the TECNH Websites. You understand and agree that any downloading or obtaining of material or data through the TECNH Websites is done at your own risk. In addition, we disclaim any and all responsibility or liability for the accuracy, reliability, and legality of materials found on the TECNH Websites.

IN NO EVENT SHALL TECNH OR ANY OF TECNH’S VESTRY, WARDENS, CLERGY, STAFF, OR AFFILIATED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE TECNH WEBSITES OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO.

2. Some pages on the TECNH Websites include links to other websites. Trinity Church has not reviewed all of these websites and is not responsible for the content of these websites. Trinity Church provides these links as a convenience only, and a link does not imply TECNH’s endorsement of, sponsorship of, or affiliation with the linked site.

3. Trinity Church offers access to a broad range of information and materials, including certain materials that may contain offensive language or negative stereotypes. You should view such materials in the historical context in which they were created. All historical media are presented as specific, original artifacts, without further enhancement to their appearance or quality, as a record of the era in which they were produced. Opinions expressed on the TECNH Websites are not necessarily those of Trinity Church, or of its Vestry, Wardens, Clergy, Staff and / or agents.

Applicable Law

Any legal action brought against Trinity Church shall be governed by the laws of the State of Connecticut without regard to its conflicts-of-law rules. Any claim asserted against Trinity Church shall be heard and determined in the federal or state courts located in New Haven, Connecticut. Users of the TECNH Websites agree not to commence any litigation relating to the use of any of the TECNH Websites, except in courts located in New Haven. Users also waive any objections to venue of any such litigation in courts located in New Haven and agree not to plead or claim that New Haven is an inconvenient forum.

Indemnity

You agree to defend, indemnify and hold TECNH and its Vestry, Wardens, Clergy, Staff, and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from or relating to Your use of the TECNH Websites, Your placement or transmission of any message, content, information, software or other materials through the TECNH Websites, or Your breach or violation of the law or of these Terms and Conditions. TECNH reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with TECNH’s defense of such claim.

Notices

By using the TECNH Websites, You agree to receive electronic communications from TECNH, whether addressed to Your e-mail address or ones posted on the TECNH Websites. You acknowledge and agree that any communication via e-mail or by postings on the TECNH Websites satisfies any legal requirement that such communications be made in writing.

Severability

The provisions of these Terms and Conditions are intended to be severable. If for any reason any provision of these Terms and Conditions are held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. The failure of TECNH to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.