descriptionCloud Hymnal Terms of Use

Last modified: May 15, 2017

1) Acceptance of the Terms of Use

These terms of use are entered into by and between You and Center for Music and Liturgy, LLC a Delaware limited liability corporation with offices located at 268 Park Street, New Haven, CT 06511 ("CML", "we" or "us"). The following terms and conditions, together with any terms and conditions expressly incorporated by reference (collectively, these "Terms of Use"), govern your access to and use of website, including any content, functionality, and services offered on or through the website accessible under CloudHymnal.org ("Cloud Hymnal"), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use Cloud Hymnal. Unless otherwise agreed by CML in writing, by using Cloud Hymnal or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at cloudhymnal.org/privacy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use Cloud Hymnal.

Subject to these Terms of Use, Cloud Hymnal is offered and available to users who are 13 years of age or older, and is intended for use by residents of the United States or any of its territories. By using Cloud Hymnal, you represent and warrant that you are of legal age to form a binding contract with CML and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use Cloud Hymnal.

2) Changes to the Terms of Use

We may revise and update these Terms of Use, from time to time, in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of Cloud Hymnal thereafter.

Your continued use of Cloud Hymnal following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page periodically so you are aware of any changes, as they are binding on you.

3) Accessing Cloud Hymnal

Subject to your continued compliance with the terms and conditions set out in these Terms and other terms and conditions stated on the site or embedded in any hosted content, CML hereby grants to you a limited, non-exclusive, non-transferable, freely revocable license to:

1. view via a web browser and/or publicly display using a projector, for non-commercial purposes, content of pages made available by CML as part of Cloud Hymnal; and
2. reproduce and store electronically for your own personal use any PDF files emailed to you through Cloud Hymnal ("Exported CML Content");
3. print Exported CML Content to paper, either in standalone form or as part of a composite work, and locally distribute such printed copies at a single location (e.g., a church, a school, a community center) for on-premises use, provided that (x) you will only print as many copies as reasonably necessary for such local distribution, (y) all printed copies must retain all copyright notices and embedded license agreements, and (z) printed copies must be made available without charge and only for non-commercial use.

For the avoidance of doubt, you may not reproduce, redistribute (via email, website or otherwise) or store (other than for your personal use) in electronic form any Exported CML Content for any purpose. If you want other persons to access Exported CML Content in electronic form, you should direct such users to access such content through Cloud Hymnal at cloudhymnal.org.

Certain hosted content and Exported CML Content may be subject to additional limitations on reproduction, display, storage and use. For example, works licensed to CML through the United States Conference of Catholic Bishops may not be printed, without permission in writing from the copyright owner. You must comply with all notices of restricted use.

We reserve the right to withdraw or modify Cloud Hymnal, and any service or material we provide through Cloud Hymnal, in our sole discretion and without notice. We will not be liable if for any reason all or any part of Cloud Hymnal is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of Cloud Hymnal.

4) Account Security

To access Cloud Hymnal or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of Cloud Hymnal that all the information you provide on Cloud Hymnal is correct, current, and complete. You agree that all information you provide to register with Cloud Hymnal or otherwise, including but not limited to through the use of any interactive features on Cloud Hymnal, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to Cloud Hymnal or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion, including, without limitation, if, in our opinion, you have violated any provision of these Terms of Use.

5) User-uploaded content and user-generated content

Cloud Hymnal allows members to upload and share content, including but not limited to songs and readings, and to create and share compilations and liturgies of such uploaded content (collectively, "User Contributions").

a) By uploading User Contributions you represent and warrant that any uploaded material does not:

1. Infringe any copyright or other intellectual property or other rights of any other person;
2. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
3. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
4. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy;
5. Be likely to deceive any person;
6. Promote any illegal activity, or advocate, promote, or assist any unlawful act;
7. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
8. Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising;
9. Give the impression that they emanate from or are endorsed by CML or any other person or entity, if this is not the case.

b) Grant of license to CML. By uploading User Contributions to Cloud Hymnal, you hereby grant to CML a perpetual, irrevocable, worldwide, non-exclusive, fully transferable, assignable, sub-licensable, fully paid-up, royalty-free license to host, display, transfer, reproduce, distribute, make available to other users of Cloud Hymnal, restrict access to, monetize, commercialize, and otherwise exploit the User Contribution and any content therein, in full or in part, for any purpose. Such license will apply to any form, media, or technology now known or hereafter developed. For the avoidance of doubt, the license granted to CML by you with respect to User Contribution is perpetual and shall survive termination of your access to all or any part of the Service, and CML is under no obligation to remove any of your User Contributions from the Service.

c) Reservation of Rights. Subject to the licenses granted in Sections 5(a) and 5(b), you retain ownership and all other rights in User Contributions uploaded and owned by you. CML reserves the right, its sole and absolute discretion, on a case-by-case basis, without notice, to refuse publication or continued distribution of any User Contribution.

6) Prohibited Conduct

By using Cloud Hymnal you agree not to:

1. upload, share, or distribute any materials or content in violation of Section 5 of these Terms or any other provisions of these terms;
2. sell, offer to sell, commercialize, monetize, license, or otherwise commercially use any content appearing on Cloud Hymnal, including User Contributions that are not owned by you;
3. use Cloud Hymnal for any fraudulent purpose, including but not limited to impersonating any third party or entity, accessing any third party account, or misrepresenting any affiliation, identity, or source of content;
4. alter, delete, or modify the copyright notice or other proprietary rights notices appearing on Cloud Hymnal or any content available through Cloud Hymnal;
5. engage in any unsolicited communications, offers, advertisements, junk or spam mail to other users or members of Cloud Hymnal;
6. use Cloud Hymnal for any illegal purpose or in violation of any federal, state, local, or international law or regulation;
7. remove, circumvent, disable, or otherwise interfere with any digital rights management (“DRM”) or other security features on Cloud Hymnal or any Exported CML Content; or
8. utilize any robot, spider, scraper, or other technological method to access Cloud Hymnal, its source code, member information, or any hosted content for any purpose.

7) Content Disclaimer

You understand that when using Cloud Hymnal you may be exposed to third party content for which CML is not responsible for the accuracy, usefulness, or intellectual property rights relating thereto, and accordingly waive any and all claims, rights, or remedies against CML with respect to such third party content. CML does not proactively screen, monitor, or control user uploaded content and thus does not endorse any content or opinion expressed in any content. CML expressly disclaims any and all liability in connection with any such third party content. As set forth in other provisions of this agreement, CML may investigate any reported hosted content in violation of these Terms of Use or any laws or regulations, and may determine in its sole discretion whether to remove such content.

Excerpts from the English translation of The Roman Missal © 2010, International Commission on English in the Liturgy Corporation. All rights reserved to the copyright holder.

Verse texts from the Lectionary for Mass for Use in the Dioceses of the United States, second typical edition, Copyright © 2001, 1998, 1997, 1986, 1970 Confraternity of Christian Doctrine. All rights reserved to the copyright holder, and it may not be reproduced, distributed, performed or displayed in any medium, including electronic or digital, without permission in writing from the copyright owner.

8) Content and Community Standards and Enforcement

CML has the right to:

1. Remove or refuse to post any User Contributions for any or no reason in our sole discretion;
2. Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of Cloud Hymnal or the public, or could create liability for CML;
3. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
4. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of Cloud Hymnal; and
5. Terminate or suspend your access to all or part of Cloud Hymnal for any reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, CML has the right to fully cooperate with any law enforcement authorities or court order requesting or directing it to disclose the identity or other information of anyone posting any materials on or through Cloud Hymnal. YOU WAIVE AND HOLD HARMLESS CML AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY CML OR ANY OF THE OTHER AFOREMENTIONED PERSONS DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER CML, SUCH PERSONS OR LAW ENFORCEMENT AUTHORITIES.

9) Copyright Infringement and Repeat Offenders

If you believe that any hosted content accessible through Cloud Hymnal violates your copyright, you may submit a notice of copyright infringement. Please see our FAQ page for more details on submitting and responding to copyright takedown notices: http://cloudhymnal.org/faq.

CML will respond expeditiously to all such complaints substantially complying with these informational requirements. CML cannot guarantee a response or any action for complaints with incomplete or inaccurate information. CML may suspend or terminate the account of any user who repeatedly violates these Terms.

10) Intellectual Property Ownership

Excluding User Contributions, Cloud Hymnal and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the CML, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use Cloud Hymnal for your personal, non-commercial use only. The CML name, the terms CLOUD HYMNAL, the CML logo, and all related names, logos, product and service names, designs, and slogans are trademarks of CML or its affiliates or licensors. You must not use such marks without the prior written permission of CML. All other names, logos, product and service names, designs, and slogans on Cloud Hymnal are the trademarks of their respective owners.

11) Linking and Social Media Features

Cloud Hymnal may provide certain social media features that enable you to share content and/or links from Cloud Hymnal on social media platforms or cause limited portions of content on Cloud Hymnal to be displayed or appear to be displayed on social media platforms.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features.

Subject to the foregoing, without prior written permission from CML, you must not:

• · Cause Cloud Hymnal or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking; or
• · Otherwise take any action with respect to the materials on Cloud Hymnal that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

12) Website inline linking and embedded content

Cloud Hymnal may include links, references to other web sites, or embedded content hosted on other websites solely as a convenience to Users, including its Reading Room, Public Domain Library and Search for Seasonal Music pages (“Reference Sites”). CML does not endorse any such Reference Sites or the content, information, or materials contained on or accessible through Reference Sites. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to Cloud Hymnal, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

13) Geographic Restrictions

CML, the owner and operator of Cloud Hymnal, is based in the state of Connecticut in the United States. Access to Cloud Hymnal may not be legal by certain persons or in certain countries. If you access Cloud Hymnal from outside the United States, you do so on your own initiative and are responsible for compliance with local laws and you agree that any personal information you provide will be stored and used in the United States. CML does not voluntarily submit itself to the laws of any jurisdiction outside of the United States, including laws regulating the collection, storage and use of personal information.

14) General provisions

1. Disclaimer of Warranties. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or Cloud Hymnal will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF CLOUD HYMNAL OR ANY SERVICES OR ITEMS OBTAINED THROUGH CLOUD HYMNAL OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

   YOUR USE OF CLOUD HYMNAL, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH CLOUD HYMNAL IS AT YOUR OWN RISK. CLOUD HYMNAL, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH CLOUD HYMNAL ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CML NOR ANY PERSON ASSOCIATED WITH CML MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF CLOUD HYMNAL. WITHOUT LIMITING THE FOREGOING, NEITHER CML NOR ANYONE ASSOCIATED WITH CML REPRESENTS OR WARRANTS THAT CLOUD HYMNAL, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH CLOUD HYMNAL WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT CLOUD HYMNAL OR ANY SERVICES OR ITEMS OBTAINED THROUGH CLOUD HYMNAL WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

   TO THE FULLEST EXTENT PROVIDED BY LAW, CML HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. FOR THE AVOIDANCE OF DOUBT, YOU ACKNOWLEDGE THAT CML MAKES NO AFFIRMATIVE EFFORT TO CONFIRM THAT YOUR USE OF USER CONTRIBUTIONS IN THE SHARED LIBRARY WILL NOT INFRINGE ANY THIRD PARTY’S RIGHTS.

   THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

2. Limitation on Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL CML, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, CLOUD HYMNAL, ANY WEBSITES LINKED TO IT, ANY CONTENT ON CLOUD HYMNAL OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
3. Indemnification. You agree to defend, indemnify, and hold harmless CML, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of Cloud Hymnal, including, but not limited to, your User Contributions, any use of Cloud Hymnal’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from Cloud Hymnal.
4. Governing Law and Jurisdiction. All matters relating to Cloud Hymnal and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Connecticut. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or Cloud Hymnal shall be instituted exclusively in the federal courts of the United States or the courts of the State of Connecticut and County of New Haven. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
5. Waiver and severability. No waiver by CML of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of CML to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
6. Entire Agreement. The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and CML regarding Cloud Hymnal and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding Cloud Hymnal.

15) Contact.

Any questions about these Terms of Use can be sent to:

or richard@cloudhymnal.org