Terms of Use

Western Diocese of the Armenian Church of North America

The Western Diocese of the Armenian Church of North America is a religious non-profit organization established in 1927. The Western Diocese of the Armenian Church of North America consists of parishes, mission parishes, and affiliate bodies ("Western Diocese") located in the Western United States within the states of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming, are part of the Armenian Apostolic Church. The official website of the Western Diocese is www.armenianchurchwd.com.

1. OWNERSHIP AND USE RESTRICTIONS

The Western Diocese of the Armenian Church of North America name and logo are the property of the Western Diocese. All other trademarks, logos and service marks (collectively, the "Trademarks"), if any, appearing on the Western Diocese television programs, website, VIMEO.com, Facebook, Twitter (collectively, the “Media Outlets”) are Trademarks of their respective owners. Nothing contained in the Media Outlets should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Media Outlets without the written permission of its respective owner. Your use of the Trademarks displayed on the Western Diocese owned material, or any other content, except as provided in these Terms of Use, is strictly prohibited.

The Western Diocese-related content and materials contained within the Western Diocese television program, Western Diocese VIMEO.com website, Facebook, and/or Twitter (including, but not limited to, video, audio, photos, text, images, statistics, logos and other intellectual property related to the Western Diocese) are solely owned by and licensed to the Western Diocese. No content from the Western Diocese Media Outlets may be reproduced, republished, uploaded, posted, transmitted, distributed, copied, publicly displayed or otherwise used except as provided in these Terms of Use without the written permission of the Western Diocese.

You may download material displayed on the website and/or any of our Media Outlets to any single computer only for your personal, noncommercial use, provided you also maintain all copyright and other proprietary notices underlined in these Terms of Use. You may not, however, distribute, reproduce, republish, display, modify, transmit, reuse, repost, link to, or use any materials and/or content of the Western Diocese for public or commercial purposes on any other website, television program or otherwise without the written permission of the Western Diocese. Modification of any materials and/or content displayed on the Western Diocese Media Outlets is a violation of the Western Diocese’s copyright and other proprietary rights.

Images of people or places displayed on the television programs, website, or any other Media Outlets are either the property of, or used with permission by, the Western Diocese. The use of these images by you, or anyone else authorized by you, is prohibited

unless specifically permitted by these Terms of Use. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. The Western Diocese neither warrants nor represents that your use of materials displayed on Media Outlets will not infringe rights of third parties not owned by or affiliated with the Western Diocese.

2. LINKS

The following restrictions apply to all links to the Western Diocese website and any Media Outlets from any on-line, cable, wireless or other site, service or browser:

A. On-line, cable, wireless or other sites, services or browsers created by, licensed by or substantially associated with any entity or service may not link to the Western Diocese website, VIMEO.com, Facebook, and Twitter without the written permission of the Western Diocese, even if the page/area where the link originates does not promote a product, brand or service for commercial use purposes.

B. Sites, services or browsers other than Commercial Sites (e.g., search engines, widely available Internet browsers) ("Permissible Sites") may link to the Western Diocese website and/or social media outlets without the express written permission of the Western Diocese if such link is: (i) a "word" link (e.g., "www.armenianchurchwd.com," "The Official Site of the Western Diocese of the Armenian Church of North America," or "The Official Site of the Armenian Apostolic Church Western Diocese").

C. The Western Diocese logo or any other logo of its affiliate bodies, such as, but not limited to, Armenian Church Youth Organization, Christian Youth Mission to Armenia, Armenian Church Summer Camp, Camp Hye Sierra, and the Christian Education Council may not be used to link to Western Diocese website without the written permission of the Western Diocese.

F. The posting or creation of any link to the Western Diocese website signifies that you have read these Terms of Use and agree to abide by their terms.

3. MEDIA CONTENT

The Western Diocese’s television program, website and/or any other Media Outlets may provide certain content, which includes graphics, text, audio, video, photographs, news, or other material that is capable of being incorporated, including as a module or via an RSS feed or similar technology, into a television program, website or other online, cable, wireless, or other service other than the Western Diocese Media Outlets (“Media Content”). To the extent that the Western Diocese makes Media Content available, you agree to use it responsibly and consistent with these Terms of Use and any other rules or restrictions provided to you in connection with the Media Content.

By using Media Content or incorporating it within or associating it with a television program, website or other online, cable, wireless, or other service other than the Western

Diocese Media Outlets, you agree not to: (1) obscure the Western Diocese’s branding of the Media Content, assert or imply ownership or authorship of the Media Content, or facilitate another party’s assertion or implication of ownership or authorship of the Media Content; (2) excerpt or edit the Media Content, except as specifically permitted by the Western Diocese; or (3) publish, place, or utilize the Media Content in a setting or manner in which it may be associated with content or other material that (i) is or may be considered unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (ii) may constitute, advocate or encourage conduct that would constitute or give rise to a criminal offense, civil liability or other violation of any local, state, national or international law; (iii) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other proprietary right; (iv) contains or may be associated with a computer virus or other harmful component; (v) constitutes or contains false or misleading indications of origin or statements of fact; (vi) contains any information, software or other material of a commercial nature; or (vii) contains advertising, promotions or commercial solicitations of any kind.

Although the Western Diocese is under no obligation to do so and assumes no responsibility or liability arising from any use of Media Content, the Western Diocese may monitor the television programs, websites or other online, cable, wireless, or other services with which Media Content is used. You agree that you will promptly, and in any event within 24 hours, remove the Media Content from any web site or other online, cable, wireless, or other service if the Western Diocese or its agent requests that you do so, and that you will maintain the ability to remove Media Content from any television program, website or online, cable, wireless, or other service on which you cause it to be placed or with which you cause it to be affiliated. You agree that the Western Diocese has exclusive discretion to direct that the Media Content be removed from television programs, websites or other online, cable, wireless, or other services at any time and for any reason, including but not limited to the prohibited uses of Media Content described above; that the Western Diocese may implement and use protections to limit the television programs, websites or other online, cable, wireless, or other services in conjunction with which Media Content may be used or the manner in which Media Content may be used; and that the Western Diocese may not specifically advise you of the existence or nature of these protections.

The Western Diocese provides Media Content on a voluntary basis. The Western Diocese expressly disclaims any obligation to provide or update Media Content, to maintain its availability, or to ensure its accuracy.

By viewing or using Media Content, YOU AGREE THAT YOU WILL INDEMNIFY AND HOLD THE WESTERN DIOCESE HARMLESS FOR CLAIMS, LIABILITIES, DAMAGES, AND EXPENSES ARISING OUT OF YOUR USE OF MEDIA CONTENT.

Notwithstanding any statement to the contrary by the Western Diocese or by you or any third party, your use of Media Content creates no fiduciary or contractual relationship between you and the Western Diocese, or between the Western Diocese and any third party, other than pursuant to these terms.

4. DISCLAIMER OF WARRANTIES AND DAMAGES; LIMITATION OF LIABILITY

While the Western Diocese uses reasonable efforts to include accurate and up to date information in the Media Outlets, the Western Diocese makes no warranties or representations as to its accuracy. The information contained in or made available through the Media Outlets cannot replace or substitute for the services of trained professionals in any field. The Western Diocese assumes no liability or responsibility for any errors or omissions in the content of the Media Outlets.

Neither employees, directors, or officers (collectively, the "Western Diocese Parties") make any representation that the materials contained in the Media Outlets are appropriate or authorized for use in all countries, states, provinces, county or any other jurisdictions. If you choose to access the Media Outlets, you do so on your own initiative and risk and are responsible for compliance with all applicable laws.

THE MATERIALS IN THESE MEDIA OUTLETS ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE WESTERN DIOCESE PARTIES DISCLAIM ALL WARRANTIES. THE WESTERN DIOCESE PARTIES DO NOT WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE MEDIA OUTLETS IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT THE MEDIA OUTLETS WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR VIRUSES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE WESTERN DIOCESE PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE MEDIA OUTLETS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU USE THE MEDIA OUTLETS AT YOUR SOLE RISK.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL THE WESTERN DIOCESE PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, OR UNAUTHENTICITY OF ANY CONTENT IN THE MEDIA OUTLETS, OR THE USE

OR INABILITY TO USE THE MEDIA OUTLETS OR ANY CONTENT THEREIN. IN NO EVENT SHALL THE WESTERN DIOCESE PARTIES' AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THE MEDIA OUTLETS EXCEED THE TOTAL AMOUNTS PAID BY YOU FOR ACCESSING THE MEDIA OUTLETS, IF ANY.

You should direct any concerns regarding any external link to its administrator or webmaster.

5. NOTICE

The Western Diocese may give notice to users of the Media Outlets by means of a general notice on the Media Outlets, electronic mail to a user's e-mail address if on record with the Western Diocese, or by written communication sent by first class mail to a user's address if on record with the Western Diocese. You may give notice to the Western Diocese (such notice shall be deemed given when received) at any time by any of the following means:

1. electronic mail to info@armenianchurchwd.com;

2. letter faxed to Western Diocese of the Armenian Church, at the following fax number: (818) 558-6333;

3. letter delivered by first class postage prepaid mail or courier to Western Diocese of the Armenian Church, at the following address:

Western Diocese of the Armenian Church 3325 N. Glenoaks Blvd.
Burbank, CA 91504
Attn: Legal Department

6. INDEMNIFICATION

You hereby agree to indemnify and hold Western Diocese, its affiliates, members, directors, officers, employees, agents, representatives, and vendors harmless from all claims, liabilities, damages and expenses (including attorneys' fees and court costs) arising out of or relating to: (i) your use of the Western Diocese Media Outlets and (ii) any breach or alleged breach of these Terms of Use.

7. TERMINATION OF SERVICE

The Western Diocese may change, suspend or discontinue any aspect of the Media Outlets at any time, including the availability of any Media Outlets feature or content. The Western Diocese may also impose limits on certain features and services or restrict your access to parts or the entire Media Outlets without notice or liability at any time in the Western Diocese's exclusive discretion, without prejudice to any legal or equitable

remedies available to the Western Diocese, for any reason or purpose, including, but not limited to, conduct that the Western Diocese believes violates these Terms of Use or other policies or guidelines posted on the Media Outlets or conduct which the Western Diocese believes is harmful to others, to the Western Diocese, or to other information providers. Upon any termination of this agreement, you shall immediately discontinue your use and access of the Media Outlets and destroy all materials obtained from it.

8. NOTICE OF COPYRIGHT INFRINGEMENT

If you believe in good faith that your copyrighted work has been reproduced on or linked from the Media Outlets without authorization in a way that constitutes copyright infringement, please provide our Legal Department with the following information:

(a) identification of the copyrighted work claimed to have been infringed;

(b) identification of the allegedly infringing material on the Media Outlet that is requested to be removed;

(c) your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;

(d) a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;

(e) a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and

(f) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.

All notice of claims of infringement on the Western Diocese Media Outlets should be sent to:

Western Diocese of the Armenian Church 3325 N. Glenoaks Blvd.
Burbank, CA 91504
Attn: Legal Department

Phone: 818-558-7474
Fax: 818-558-6333
Email: info@armenianchurchwd.com

9. MISCELLANEOUS

These Terms of Use constitute the entire agreement between the parties, and supersede all prior and contemporaneous written or oral agreements, proposals or communications with respect to the subject matter herein between you and the Western Diocese. The Western Diocese in its sole discretion may amend these Terms of Use, and your use of the Media Outlets after such amendment is posted will constitute acceptance of such amendment by you. The section headings in these Terms of Use are for convenience only and must not be construed as legal advice to you. If any provision of these Terms of Use is held by a court of competent jurisdiction to be unlawful, void, invalid or unenforceable, the remaining provisions shall remain in full force and effect.