Read eBreviary Subscription Form text version

eBreviary Subscription Form

(see page 2 for additional subscription options)

Name: Address 1: Address 2: City, State, Zip Province/Postal Code: Country: email (this will be your User Name): password: (8 or more characters) Parish (optional): ________________________________________ ________________________________________ ________________________________________

________________________________________ ________________________________________

________________________________________ (print clearly) ________________________________________ (print clearly)

________________________________________

Subscription cost of $49.95 yearly:

$ subtotal: New York residents must add state and local sales tax: $: $ total: $49.95 __________ __________

Payment mailing address:

Mail check (payable to eBreviary) with page one of this subscription form to: eBreviary Peter Stuyvesant Station PO Box 1407 New York, NY 10009-8903, USA

Terms of Service Agreement and End User License Agreement:

By my signature here, I agree to the eBreviary Terms of Service Agreement and eBreviary End User License Agreement on pages 3-6 of this Subscription Form. Signature: __________________________________________

Thank you. We will confirm your subscription by email.

March 2008

Page 1 of 6

Additional subscription options:

Renewal ­ I am renewing an existing subscription for one year. Personal use only ­ I have marked $29.95 on page 1 of this form and enclosed $29.95. I do not pray with a prayer group that can share expenses and I will use the prayers for personal use only. Free trial ­ I am sending pages 1-2 of this form by mail or fax (866-786-9469) to request a free trial subscription. eBreviary will reply by email with a User Name and Password that will work for approximately twenty days. Subsidized subscription ­ I am requesting a subsidized subscription and have written a reduced amount (including $0) on page one. I understand that it is expensive to create five daily prayers, for 365 days per year, that change every year, and that eBreviary is fortunate to have donors to subsidize subscriptions. My reasons for needing a subsidized subscription are explained below. __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________

Please enclose both pages 1 and 2 when you mail your payment to eBreviary.

March 2008

Page 2 of 6

eBreviary Terms of Service Agreement

This is a contract between you and eBreviary for use of the eBreviary Liturgy of the Hours Prayer Service ("Service"). We are eBreviary, located at PO Box 1407, New York, New York, 10009, USA. The Service, including all the Adobe Acrobat PDF documents, is made available to you subject to your acceptance of the following terms and conditions. You accept and agree to be bound by this Service Agreement by signing our subscription form or by clicking the web page icon labeled "I accept." If you do not agree to this Service Agreement, you should not sign our subscription form or you should click the web page icon labeled "I do not accept." BY ACCESSING OR OTHERWISE TAKING ADVANTAGE OF THE SERVICE, YOU ACCEPT ALL THE FOLLOWING TERMS AND CONDITIONS, INCLUDING IN PARTICULAR, THE LIMITATIONS ON USE, LIABILITY AND WARRANTY SET FORTH BELOW.

Permitted Uses

eBreviary provides the Service for your use as a subscriber. You are responsible for all activity associated with your Service account and password. You must notify eBreviary of any breach in security known to you that relates to your Service account and password. You may not provide your Service account and password to third parties. You may not authorize any third party to access and/or use the Service on your behalf. If you chose a reduced price subscription option and agreed to use the Service for personal use only, you may not authorize any third party to access and/or use the Service on your behalf. Also you may not use the Service to print and distribute prayers to third parties. If you are responsible to use the Service to print prayers for a prayer group, then you should print the prayers on your own PC printer. If you are unable to print the prayers for a particular prayer meeting, you may delegate your Service account and password to another person responsible to print the prayers only for that prayer group meeting.

Privacy

Please see the eBreviary Privacy Policy at http://www.ebreviary.com

No Warranty

EBREVIARY PROVIDES THE SERVICE "AS IS" AND "WITH ALL FAULTS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, EBREVIARY MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE EFFECTIVE, ACCURATE OR RELIABLE, THAT THE QUALITY OF THE SERVICE WILL MEET YOUR EXPECTATIONS, AND THAT ANY ERRORS IN ANY CONTENT OBTAINED FROM OR USED THROUGH THE SERVICE OR ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. USE OF THE SERVICE IS MADE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. EBREVIARY ASSUMES NO LIABILITY FOR ANY

March 2008 Page 3 of 6

COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER IN CONNECTION WITH THE SERVICE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, WILL EBREVIARY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATIONS, SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR THOSE RESULTING FROM LOSS OF USE OR DATA, WHETHER OR NOT EBREVIARY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THE SERVICE. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS CONTRACT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST EBREVIARY WITH RESPECT TO THIS CONTRACT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND TO RECEIVE A PRO-RATA REFUND OF THE UNUSED PORTION OF YOUR SUBSCRIPTION FEE. SOME STATES OR JURISDICTIONS PROHIBIT THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

Termination

If you breach any of the eBreviary Terms of Service, your authorization to use the Service automatically terminates, and any Acrobat PDF documents downloaded or printed from the eBreviary site, including any copies, must be immediately destroyed.

Miscellaneous

eBreviary reserves the right to change these Terms of Service without notice to you. You are responsible for reviewing these Terms of Service each time you access the Service. Your continued use of the Service constitutes your agreement to the then current Terms of Service. This written Terms of Service Agreement is the exclusive agreement between you and us concerning the Service and supersedes any prior purchase order, communication, advertising or representation concerning the Service. This Terms of Service agreement is governed by the laws of the State of New York.

March 2008

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eBreviary End User License Agreement

This is a contract between you and eBreviary for use of the eBreviary Liturgy of the Hours PDF documents ("PDF Documents"). We are eBreviary, located at PO Box 1407, New York, New York, 10009, USA. The PDF documents are made available to you subject to your acceptance of the following terms and conditions. You accept and agree to be bound by this License Agreement by signing our subscription form or by clicking the web page icon labeled "I accept." If you do not agree to this License Agreement, you should not sign our subscription form or you should click the web page icon labeled "I do not accept." BY DOWNLOADING AND USING ALL OR ANY PORTION OF THE PDF DOCUMENTS YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATIONS ON USE, WARRANTY, AND LIABILITY SET FORTH BELOW. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, DO NOT USE THE PDF DOCUMENTS. eBreviary and the licensors of its copyrighted texts own all intellectual property in the PDF Documents. The PDF Documents are licensed, not sold. eBreviary permits you to download, use, distribute, or otherwise benefit from the PDF Documents only in accordance with the terms of this agreement.

Permitted Uses

Provided that you obtained the PDF Documents from eBreviary and provided that you comply with the terms of this agreement, eBreviary grants you a non-exclusive, non-transferable right to view, print and photocopy the PDF Documents. You may not use the PDF Documents in violation of copyright restrictions. You may not extract the text from the PDF Documents. All the text of the PDF Documents is subject to copyright restrictions. You may not distribute the PDF Documents, or post the PDF Documents online. You may not maintain and you must destroy the PDF Documents, files, printouts and photocopies, after the calendar date printed on each PDF Document. You may not cache the website other than in normal internet usage and you may not use any of the files or their derivatives for commercial purposes. You may not transfer any of your rights under this agreement.

No Warranty

EBREVIARY PROVIDES THE PDF DOCUMENTS "AS IS" AND "WITH ALL FAULTS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, EBREVIARY MAKES NO WARRANTY THAT THE PDF DOCUMENTS WILL MEET YOUR REQUIREMENTS, THAT THE PDF DOCUMENTS WILL BE FREE OF MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS, THAT THE QUALITY OF THE PDF DOCUMENTS WILL MEET YOUR EXPECTATIONS, AND THAT ANY ERRORS OR ANY DEFECTS IN THE PDF DOCUMENTS WILL BE CORRECTED.

March 2008

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USE OF THE PDF DOCUMENTS IS MADE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. EBREVIARY ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER IN CONNECTION WITH THE PDF DOCUMENTS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, WILL EBREVIARY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATIONS, SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR THOSE RESULTING FROM LOSS OF USE OR DATA, WHETHER OR NOT EBREVIARY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THE PDF DOCUMENTS. IF YOU ARE DISSATISFIED WITH THE PDF DOCUMENTS, YOU DO NOT AGREE WITH ANY PART OF THIS CONTRACT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST EBREVIARY WITH RESPECT TO THIS AGREEMENT OR THE PDF DOCUMENTS, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PDF DOCUMENTS AND TO RECEIVE A PRO-RATA REFUND OF THE UNUSED PORTION OF YOUR SUBSCRIPTION FEE. SOME STATES OR JURISDICTIONS PROHIBIT THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

Termination

If you breach any provision of the eBreviary End-User License Agreement, your authorization to use the PDF Documents automatically terminates, and any Acrobat PDF documents downloaded or printed from the eBreviary site, including any copies, must be immediately destroyed.

Miscellaneous

eBreviary reserves the right to change this End-User License Agreement without notice to you. You are responsible for reviewing the End-User License Agreement each time you access the PDF Documents. Your continued use of the PDF Documents constitutes your agreement to the then current End-User License Agreement. This written End-User License Agreement is the exclusive agreement between you and us concerning the PDF Documents and supersedes any prior purchase order, communication, advertising or representation concerning the PDF Documents. This End-User License Agreement is governed by the laws of the State of New York.

March 2008 Page 6 of 6

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