Effective: May 12, 2022
1. READ THIS: This Terms of Use Agreement (Agreement) is made by and between Holy Nicholean Catholic Church, Inc. [hereinafter “HNCC”], a Georgia corporation, and you the user (you, your or User).
This Agreement contains the complete terms and conditions that govern the use of the HNCC website(s) which includes The Nicholean Social Media Network (collectively known as the “website” or “websites” or “site”). BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THIS WEBSITE, OR OTHER HNCC SOFTWARE, SERVICES, WEBSITES OR CONTENT (COLLECTIVELY “SERVICES”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IN ADDITION, YOU FURTHER AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF USE AND PRIVACY POLICY OF THE MIGHTY NETWORKS, WHICH HOSTS THE NICHOLEAN SOCIAL MEDIA NETWORK AND MAY BE REVIEWED AT HTTPS://WWW.MIGHTYNETWORKS.COM/TERMS-OF-USE AND HTTPS://WWW.MIGHTYNETWORKS.COM/PRIVACY-POLICY, RESPECTIVELY.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT OR THE TERMS OF USE AND PRIVACY POLICY OF THE MIGHTY NETWORKS, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE. HNCC RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT HNCC’S DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.
THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERCEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO HTTP://WWW.ESOTERICCATHOLIC.ORG/TERMSOFUSE.
2. ACCESS TO THIS SITE. To access this site, site resources, links or other content, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide will be correct, current, and complete. If HNCC believes the information you provide is not correct,
current, or complete, HNCC has the right to deny access to this site, or to any of its resources, and to terminate or suspend your access at any time.
3. APPLICABLE USE OF SITE. You may use this site for purposes expressly permitted by this site. As a condition of your use of HNCC’s websites, you warrant to HNCC that you will not use the websites for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
4. NO CO-BRANDING OR FRAMING. You may not use or authorize any party to co-brand, or frame any HNCC websites without the express prior written permission of an authorized representative of HNCC. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. For purposes of these Terms of Use, “framing” refers to displaying any HNCC webpage within a bordered area of another website, regardless of whether the address of the originating HNCC website is visible. Furthermore, you agree to cease any unauthorized co-branding or framing immediately, upon notice from HNCC.
5. NO UNLAWFUL ACCESS. In addition, you agree that you will not use HNCC’s websites in any manner that could in any way disable, overburden, damage, or impair the websites or otherwise interfere with any other party’s use and enjoyment of the websites. You further agree that you will not obtain, or attempt to obtain, any materials, content, or information by any means not expressly made available or provided for through authorized use of the websites.
6. PERSONAL AND NON-COMMERCIAL USE LIMITATION. HNCC’s websites are for your personal and non-commercial use, unless otherwise specified. You may not use any HNCC site for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of HNCC. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, sell or otherwise infringe on any intellectual property rights related to any information, content, software, products or services obtained from or otherwise connected to HNCC’s websites.
7. PROPRIETARY INFORMATION. All content found on the HNCC websites (the “Content”) is considered the copyrighted and trademarked intellectual property of HNCC, or of the party that created and/or licensed the Content to HNCC. No rights or title to any of the works contained on any HNCC website shall be considered
transferred or assigned to the User. You agree that you will not copy, distribute, republish, modify, create derivative works from, or otherwise use the Content in any way, without the prior written consent of HNCC, except that you may print out and/or save a copy of the Content for your own personal and nonpublic use.
8. SUBMISSIONS. You hereby grant to HNCC a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated by you to HNCC through this site (hereinafter, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. You agree that HNCC will not be bound to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future HNCC operations or business.
9. HYPERLINKING. This site may be hyperlinked to and by other websites which are not maintained by, or related to, HNCC. Hyperlinks to such sites are provided as a service to users and are not necessarily sponsored by, endorsed or otherwise affiliated with this site or HNCC. HNCC may have not reviewed any or all of such sites and is not responsible for the content of any linking sites, and any links made directly from a HNCC website to another web page should be accessed at the User’s own risk. HNCC makes no representations or warranties about the content, completeness, quality or accuracy of any such website.
10. USE OF COMMUNICATION SERVICES. HNCC’s websites may contain forums, bulletin board services, chat areas, message boards, news feeds, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group such as those found in The Nicholean Social Media Network (collectively, “Communications Services”). You agree to use the Communication Services only to post, send and receive messages and content that are considered proper and related to the particular Communication Service. Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this site, or cause to be posted, sent, submitted, published or transmitted, any material that:
(i) you do not have the right to post, including any proprietary material of any third party protected by intellectual property laws (or by rights of privacy or publicity);
(ii) advocates illegal activity, discusses an intent to commit an illegal act or violates any law;
(iii) is vulgar, obscene, pornographic, or indecent;
(iv) threatens or abuses others;
(v) is libelous or defamatory towards others;
(vi) is racist, abusive, harassing, threatening or offensive;
(vii) seeks to exploit or harm children by exposing them to inappropriate content, or asking for personally identifiable details or information;
(viii) harvests or otherwise collects information about others, including e-mail addresses, without their consent;
(ix) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates or forges headers or identifiers to disguise the origin of content;
(x) falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissible uploaded (e.g., copyright, trademark or patent notices);
(xi) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
(xii) solicits funds, advertisers or sponsors for any purpose, except as may be specifically authorized by HNCC;
(xiii) includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications device;
(xiv) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real-time activities via this site;
(xv) amounts to a pyramid or other like scheme, including contests, chain letters, and surveys;
(xvi) disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this site or any networks connected to this site; or
(xvii) contains hyperlinks to other sites that contain content that falls within the scope of this Section.
You acknowledge that any materials uploaded to the Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither HNCC nor any third party that provides Content to HNCC will assume or have any liability for any action made by HNCC or such third party with respect to any submission.
11. RIGHT TO TERMINATE ACCESS. HNCC reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well as the right to edit, refuse to post or remove any information or materials, in whole or in part, at its sole discretion. HNCC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
12. DISCLOSURE UNDER LAW. HNCC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
13. PERSONALLY IDENTIFIABLE INFORMATION. HNCC cautions you against giving out any personally identifying information about yourself or your children in any Communication Service. In an effort to preserve your privacy, HNCC agrees that it will treat any personally identifying information that you submit through this site in accordance with the terms outlined in its Privacy Policy at HTTP://WWW.ESOTERICCATHOLIC.ORG/PRIVACYPOLICY.
14. DISCLAIMER & LIMITATIONS ON LIABILITY. You understand that HNCC cannot and does not guarantee or warrant that files available for downloading from the HNCC websites will be free of viruses, worms, Trojan horses or other code that may cause damage or harm to your computer(s) or network(s). You acknowledge that you will be solely responsible for implementing sufficient procedures and checkpoints
to protect your computer(s) and network(s), and that you will maintain adequate means of backup of your personal data, external to this website. HNCC further disclaims any responsibility to ensure that the Content located on its websites is necessarily complete and up-to-date.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. HNCC DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. HNCC DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON ANY HNCC WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HNCC DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND HNCC MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. HNCC MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY ORRESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
HNCC, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF HNCC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF HNCC AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU
HAVE PAID TO HNCC FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
15. INDEMNITY. You agree to indemnify and hold HNCC, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the Indemnified Parties) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.
16. TRADEMARKS AND COPYRIGHTS. Trademarks, service marks, logos, and copyrighted works (hereinafter, “intellectual property”) appearing in this site are the property of HNCC or the party that provided the intellectual property to HNCC. HNCC and any party that provides intellectual property to HNCC retain all rights with respect to any of their respective intellectual property appearing in this site. All contents of HNCC’s websites are: Copyright © 2022 Holy Nicholean Catholic Church, Inc. All rights reserved.
17. COPYRIGHT INFRINGEMENT. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide HNCC’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying HNCC and its affiliates that your copyrighted material has been infringed. Please include the following:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest:
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the site, including the current website address;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is unauthorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
HNCC’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Copyright Agent:
Holy Nicholean Catholic Church, Inc.
Attn: Copyright Agent,
60 Postal Parkway #74027 Newnan, Georgia 30271
phone: (207) 370-9077
e-mail: office@nicholean.org
18. SECURITY. Any passwords used for this site are for individual use only. You will be responsible for the security of your password(s). From time to time, HNCC may require that you change your password. You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, HNCC reserves the right to release your account details to system administrators at other websites and/or the authorities in order to assist them in resolving security incidents. HNCC reserves the right to investigate suspected violations of these Terms of Use. HNCC reserves the right to fully cooperate with any law enforcement authorities or court order requesting or direction HNCC to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.
BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS AND AGREE TO HOLD HNCC HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY HNCC DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONSTAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER HNCC OR LAWENFORCEMENT AUTHORITIES.
19. MISCELLANEOUS. These Terms of Use will be governed and interpreted pursuant to the laws of Georgia, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Georgia in connection with any dispute between you and HNCC arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of or related to these Terms of Use will be in the state and federal courts in Atlanta, Georgia.
If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and HNCC as a result of this agreement or use of HNCC’s websites. These Terms of Use constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and HNCC with respect to HNCC’s websites. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. HNCC may revise these Terms of Use at any time by updating this posting.
Holy Nicholean Catholic Church 