Last modified: May 15, 2017
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:
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.
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.
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:
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.
By using Cloud Hymnal you agree not to:
CML has the right to:
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.
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.
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.
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:
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.
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 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.
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.
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.