DIOCESAN LIBRARY OF ART
TERMS & CONDITIONS OF USE
Last updated: [September 2022]
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 “Library of Art” located at art.diocesan.com (the “Website”). By accessing the Website, users agree to be bound by the following 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.
- Copyright and Proprietary Rights. The images and other content on the Website (collectively, the “Materials”) are proprietary to Diocesan or its licensors unless identified as “Public Domain” content. Materials identified as “Public Domain” are either those that Diocesan believes to be in the public domain, or those to which Diocesan waives any copyright it might have. Copyright and other proprietary rights may be held by individuals or entities other than, or in addition to, Diocesan.
- Authorized Uses. Materials for authorized use fall into two categories: a) Materials identified as “Public Domain”, or b) Materials that Diocesan believes to be under copyright or other restrictions.
- Materials Identified as “Public Domain”. By waiving any rights to Materials identified as “Public Domain”, Diocesan makes those Materials available for any purpose, including commercial and noncommercial use, free of charge and without requiring permission from Diocesan. “Public Domain” works are made available under a Creative Commons Zero (CC0) license, unless noted otherwise with specific Materials.
- Materials Diocesan Believes to be Under Copyright or Other Restrictions. Materials that Diocesan believes to be under copyright or other restrictions are available for use in any and all media, in an unlimited number of projects, worldwide and in perpetuity, subject to the following restrictions:
- No Unlawful Use. Users may not use Materials in a pornographic, defamatory or other unlawful manner, or in violation of any applicable regulations or industry codes.
- No Standalone File Use. Users may not use Materials in any way that allows others to download, extract, or redistribute content as a standalone file (meaning just the content file itself, separate from the project or end use).
- No Use in Trademark or Logo. Users may not use Materials (in whole or in part) as the distinctive or distinguishing feature of a trademark, design mark, tradename, business name, service mark, or logo. Additionally, users shall not be entitled to register (in any jurisdiction) any such Materials (in whole or in part) as a trademark or rely on any such registrations, prior use, and/or accrued goodwill to prevent any third party use of the Materials or any similar content (including by Diocesan, its customers, or the copyright owner of such content).
- Sensitive Use Disclaimer Required. If using Materials that feature models or property in connection with a subject that would be unflattering or unduly controversial to a reasonable person, the user must indicate: (1) that the content is being used for illustrative purposes only, and (2) any person depicted in the content is a model.
- No False Representation of Authorship. Users may not falsely represent themselves to be the original creator of an end use that is made up largely of Materials. For instance, users cannot create a painting based solely on Materials and claim to be the author.
- No Products for Resale or Distribution. Users may not use Materials in connection with any goods or services intended for resale or distribution where the primary value lies in the Materials themselves, including, without limitation, cards, stationery items, paper products, calendars, apparel items, posters (printed on paper, canvas, or any other media), DVDs, mobile applications, NFTs or other items for resale, license or other distribution, whether or not for profit. This includes “on demand” products (meaning products in which content is selected by a third party for customization on such product on a made-to-order basis), including, without limitation, postcards, mugs, t-shirts, posters and other items (this includes the sale or distribution of products through custom designed websites)
- No Electronic Templates. Users may not use Materials in electronic or digital templates intended for resale or other distribution (for example, website templates, business card templates, electronic greeting card templates, brochure design templates).
- No Machine Learning, AI, or Biometric Technology Use. Unless expressly authorized by Diocesan, users may not use Materials (including any caption information, keywords or other metadata associated with the Materials) for any machine learning and/or artificial intelligence purposes, or for any technologies designed for or intended for the identification of natural persons. Additionally, Diocesan does not represent or warrant that consent has been obtained for such uses with respect to model-released content.
- Account Termination. Diocesan may terminate a user’s account and/or use of the Materials if Diocesan decides that a user has violated any of the provisions of these Terms and Conditions of Use. Diocesan may also terminate a user’s account and use of the Materials if Diocesan decides that a user is a repeat copyright infringer. A repeat copyright infringer will be presumed after three (3) Notifications of Claimed Infringement, as described below, are received by Diocesan relating to a user or person other than Diocesan that has made Materials available online. Diocesan may terminate a user’s account and/or use of the Materials as set forth above in its sole discretion and without prior notice. All rights not expressly granted herein by Diocesan are specifically and completely reserved, unless the Material is identified as “Public Domain”.
- 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.
- Purchasing on the Website. Diocesan has the right to refuse, limit, or cancel any orders placed on the Website. 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.
- 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.
- 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.
- 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.
- 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: email@example.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.
- 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 WHETHER THE MATERIAL OR ACTIVITY IS ULTIMATELY DETERMINED TO BE INFRINGING.
- 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.
- 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.