(Last Updated August 2023)

The following Terms of Service govern all use of the Liturgy.com website and all content, services, and products available at or through the website (hereinafter, “Services”). Our Services are owned by Oregon Catholic Press (hereinafter, “OCP”) and are offered subject to your acceptance without modification of all the Terms of Service contained herein and all other operating rules, policies (including, without limitation, Liturgy.com’s Privacy Policy), and procedures that we may publish from time to time.

Please read these Terms of Service carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by these Terms of Service. If you do not agree to all the terms set forth herein, then you may not access or use any of our Services.

Our Services are primarily directed to liturgists and music directors to create and share their liturgical plans and outlines with their parish’s choir and musicians.

Access and use of Liturgy.com is only offered to users 18 years of age or older. If you are under 18 years old, please do not register to use our Services.

Account

The member who created the Liturgy.com account and whose Payment Method is charged (the “Account Owner”) is responsible for any activity that occurs through the Liturgy.com account. To maintain control over the account and prevent anyone from accessing the account, the Account Owner should maintain control over any device used to access the Liturgy.com account and the Services and not reveal the password or details of the Payment Method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, Liturgy.com, OCP, or our partners from identity theft or other fraudulent activity. Liturgy.com is not obligated to credit or discount membership for holds placed on the account by either a representative of Liturgy.com or by the automated processes of Liturgy.com. If your Liturgy.com-ready device is sold, lost or stolen, please notify us and change your password promptly. If you fail to log out or deactivate your device, subsequent users may access the Services through your account and may be able to access certain of your account information.

Subscription

Your Liturgy.com subscription allows up to five (5) users to create and share music outlines and planning tools. Your subscription will continue for a twelve (12) month period and is not subject to automatic renewals. OCP will offer you a chance to renew your subscription no less than one week prior to termination. If you choose not to renew your subscription, your account will be automatically downgraded to the free Liturgy.com Basic subscription and you will only be able to access your five (5) most recent saved outlines and all other saved outlines will be archived and retrievable upon subsequent subscription renewal.

To use the Services you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated with your account in case your Primary Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not terminate your account, your account will only be able to access the Services provided through the free Liturgy.com Basic subscription until such fees are successfully paid. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details. You may update your Payment Method at any time by contacting OCP’s Customer service or via ocp.org at Update Payment Method.

The subscription fee for the Services and any other charges you may incur in connection with your use of the Services, such as taxes and possible transaction fees, will be charged to your Payment Method at the time you purchase, upgrade, and renew your Liturgy.com subscription. If you upgrade your subscription before the end of the twelve (12) month subscription period, the upgraded subscription fee will be pro-rated for the remaining term of your subscription.

Payments are not refundable and there are no refunds or credits for partially used membership periods. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“Credits”). The amount and form of such Credits, and the decision to provide them, are at our sole and absolute discretion. The provision of Credits in one instance does not entitle you to Credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

Termination

You can terminate your account with us at any time, for any reason, and without advance notice by contacting OCP’s Customer Service. We may terminate or suspend your account and your access to our website at any time, for any reason, and without advance notice. In the event of termination, you will not be entitled to receive a refund. We also reserve the right to change, suspend or discontinue any of the services we provide at any time, for any reason. We will not be liable to you for the effect that any changes to our website or services may have on you.

Our Intellectual Property

All content included in or made available through our website (including website design, text, graphics, interfaces, and the selection and arrangement thereof) is the property of OCP or its content suppliers and is protected by US and international copyright laws. Further, all trademarks, including but not limited to those listed below, are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by OCP.

• Oregon Catholic Press
• OCP
• Spiritandsong.com
• North American Liturgy Resource
• NALR

Content Created by User

The liturgical planning tools you create under your Liturgy.com subscription are your property and may be downloaded and shared with non-subscribers. If you have a Breaking Bread Digital Music Library subscription, you may link copyrighted content to the planning tools you create using the links provided by OCP. The links allow available copyrighted content chosen by User to be accessible for a limited duration, which will be established by OCP. You agree not to share copyrighted content with the general public, and will not make copies of the copyrighted content without the appropriate licenses. In the event that you link copyrighted content, you agree not to share your liturgical planning tools on public platforms including but not limited to Facebook or Twitter.

Updates

We may update these Terms from time to time. If we believe that the changes are material, we’ll let you know by doing one (or more) of the following: (1) posting the changes on our website or (2) sending you an email or message about the changes. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of our website following the changes constitutes your acceptance of the updated Terms.

Your Use of Our Website

We grant you a limited, non-exclusive, non-transferable, and revocable license to use our website and services, subject to these Terms.

Privacy Policy

Review our Privacy Policy to see what information we collect when you use our website and how we use that information. When you click “agree” to agree to the Terms and/or use our website, you agree to our Privacy Policy.

How to Report Unauthorized Content

If you discover that content you own or have rights to has been posted on our website without your permission and you want it removed, please provide us with the following information: (a) your address, telephone number, and e-mail address (if any); (b) your electronic or physical signature; (c) a description of the copyrighted work that you claim has been infringed; (d) a description of the allegedly infringing material and the location of that material on our website, sufficient for us to locate it; (e) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) 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.

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (DMCA), we designate the following individual as our agent for receipt of notifications of claimed copyright infringement:

• Copyright Agent
• OCP Publications
• Attn: Leanna Nudo
• 340 Oswego Pointe Dr.
• Lake Oswego, OR 97034
• leannan@ocp.org
• 503-281-1191

Legal Compliance; Account Access

You agree not to violate any laws in connection with your use of our website or services. Further, you will not access or attempt to access an account that you are not authorized to access.

No Copying or Reverse Engineering; No Attempt to Harm Our Systems

You agree not to “crawl,” “scrape,” or “spider” any part of our website or to reverse engineer or attempt to obtain the source code of our website. You also agree not to interfere with or try to disrupt our website in any way, for example, by uploading malware.

Electronic Communications

By using our website, you’re agreeing to receive information from us electronically (by email, through our website, etc.) instead of through paper copies and that your electronic agreement is the same as your signature on paper. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Warranties, Returns, and Limitation of Liability

We try our best, but since no one is perfect, things will go wrong on occasion. Our website and services are provided “as is” and without any kind of warranty (express or implied). To the fullest extent allowed by law, we expressly disclaim any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing or usage of trade. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.

We don’t guarantee that our website will be secure, that our website will be available at any particular time or location or that our website will be free of malware. You use our website solely at your own risk.

While using our website, you may come across materials that you find offensive or inappropriate. We make no representations concerning any content posted by other users. We are not responsible for the accuracy, legality, or decency of content posted by users. You release us from all liability relating to that content.

In no case will OCP or its directors, officers, employees, affiliates, agents, or licensors be liable for any damages whatsoever, and in particular we will not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to our website or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if we have been advised of the possibility of such damages. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages; therefore, the above-referenced exclusion is inapplicable in such jurisdictions.

Indemnification

You agree to indemnify and hold us and our affiliates, officers, directors, employees, agents and licensors harmless from any claim or demand (including reasonable attorney’s fees at arbitration, on trial and on appeal) that arises from your alleged breach of these Terms or other alleged wrongful actions and/or omissions.

Miscellaneous

The Terms are governed by the laws of the State of Oregon, without regard to conflict of laws rules, and the laws of the United States of America. You also agree to submit to the personal jurisdiction of a state court or federal court located in Multnomah County, Oregon, USA. Venue is proper only in Multnomah County, Oregon, USA.

If any provision of these Terms is judicially declared to be invalid, unenforceable, or void by a court of competent jurisdiction, such decision will not have the effect of invalidating or voiding the remainder of these Terms, and the part(s) of these Terms so held to be invalid, unenforceable or void will be deemed stricken, and these Terms will be reformed to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. The remainder of these Terms will have the same force and effect as if such part or parts had never been included.

You agree that these Terms may be assigned by us in our sole discretion, to a third party. You may not assign these Terms or any of your rights or responsibilities under these Terms.

These Terms are the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.

In the event that any action, suit or legal proceeding is initiated or brought to enforce any or all of the provisions of these Terms, the prevailing party will be entitled to such attorneys’ fees, costs and disbursements as are deemed reasonable and proper by an arbitrator or court. In the event of an appeal of an initial decision of an arbitrator or court, the prevailing party will be entitled to such attorneys’ fees, costs and disbursements as are deemed reasonable and proper by the appellate court(s).

The failure of either party to insist upon strict compliance by the other party with any of these Terms will not constitute a waiver of future violations of the same or any other term. The Terms will remain in effect even after your access to your account and/or our website is terminated.

Contact Information

If you have any questions about these Terms, please contact us at liturgy@ocp.org.