Terms of Service

TERMS OF SERVICE AGREEMENT

 

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY

ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE

BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS

THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO

READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO

NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT

ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS

EFFECTIVE AS OF .

ACCEPTANCE OF TERMS

The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the

relationship with our users and others which may interact or interface with Thema Inc., also known as Catholic

Gigs, located at 410 West Grove Avenue, Orange, California 92865 and our subsidiaries and affiliates, in

association with the use of the Catholic Gigs website, which includes Catholicgigs.com, (the “Site”) and its

Services, which shall be defined below.

DESCRIPTION OF WEBSITE SERVICES OFFERED

The Site is an e-commerce website job listing which has the following description:

Catholicgigs.com is a website designed to help Catholics across America find jobs in the Catholic business sector.

Employers can post their job openings for a fee, and job seekers can upload their resumes for potential employers

to view.

Any and all visitors to our site, despite whether they are registered or not, shall be deemed as “users” of the herein

contained Services provided for the purpose of this TOS. Once an individual register’s for our Services, through

the process of creating an account, the user shall then be considered a “member.”

The user and/or member acknowledges and agrees that the Services provided and made available through our

website and applications, which may include some mobile applications and that those applications may be made

available on various social media networking sites and numerous other platforms and downloadable programs, are

the sole property of Thema Inc.. At its discretion, Thema Inc. may offer additional website Services and/or

products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and

all additional Services and/or products and any and all updated, modified or revised Services unless otherwise

stipulated. Thema Inc. does hereby reserve the right to cancel and cease offering any of the aforementioned

Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that Thema Inc.

shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our

Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes,

and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such,

frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure

you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified

terms, you must stop using the provided Services forthwith.

Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be

provided “AS IS” and as such Thema Inc. shall not assume any responsibility or obligation for the timeliness,

missed delivery, deletion and/or any failure to store user content, communication or personalization settings.

REGISTRATION

To register and become a “member” of the Site, you must be at least 18 years of age to enter into and form a legally

binding contract. In addition, you must be in good standing and not an individual that has been previously barred

from receiving Catholic Gigs’s Services under the laws and statutes of the United States or other applicable

jurisdiction.

When you register, Catholic Gigs may collect information such as your name, e-mail address, birth date, gender,

mailing address, occupation, industry and personal interests. You can edit your account information at any time. Once you register with Catholic Gigs and sign in to our Services, you are no longer anonymous to us.

Furthermore, the registering party hereby acknowledges, understands and agrees to:

  1. a) furnish factual, correct, current and complete information with regards to yourself as may be requested by

the data registration process, and

  1. b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and

completeness at all times.

If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Thema Inc. will

have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement,

and as such refuse any and all current or future use of Thema Inc. Services, or any portion thereof.

It is Thema Inc.’s priority to ensure the safety and privacy of all its visitors, users and members, especially that of

children. Therefore, it is for this reason that the parents of any child under the age of 13 that permit their child or

children access to the Catholic Gigs website platform Services must create a “family” account, which will certify

that the individual creating the “family” account is of 18 years of age and as such, the parent or legal guardian of

any child or children registered under the “family” account. As the creator of the “family” account, s/he is thereby

granting permission for his/her child or children to access the various Services provided, including, but not limited

to, message boards, email, and/or instant messaging. It is the parent’s and/or legal guardian’s responsibility to

determine whether any of the Services and/or content provided are age-appropriate for his/her child.

 

PRIVACY POLICY

Every member’s registration data and various other personal information are strictly protected by the Thema Inc.

Online Privacy Policy (see the full Privacy Policy at https://catholicgigs.com/privacy-policy/). As a member, you

herein consent to the collection and use of the information provided, including the transfer of information within

the United States and/or other countries for storage, processing or use by Thema Inc. and/or our subsidiaries and

affiliates.

 

MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY

When you set up an account, you are the sole authorized user of your account. You shall be responsible for

maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if

undertaken by you, would be deemed a violation of the TOS. It shall be your responsibility to notify Thema Inc.

immediately if you notice any unauthorized access or use of your account or password or any other breach of

security. Thema Inc. shall not be held liable for any loss and/or damage arising from any failure to comply with this

term and/or condition of the TOS.

 

CONDUCT

As a user or member of the Site, you herein acknowledge, understand and agree that all information, text, software,

data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted

and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short,

this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or

otherwise made available by way of the Catholic Gigs Services, and as such, we do not guarantee the accuracy,

integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to

content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of

any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by

Catholic Gigs.

Furthermore, you herein agree not to make use of Thema Inc.’s Services for the purpose of:

  1. a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed

unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or

invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;

  1. b) causing harm to minors in any manner whatsoever;
  2. c) impersonating any individual or entity, including, but not limited to, any Catholic Gigs officials, forum

leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or

entity;

  1. d) forging captions, headings or titles or otherwise offering any content that you personally have no right to

pursuant to any law nor having any contractual or fiduciary relationship with;

  1. e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon

any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;

  1. f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have

any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;

  1. g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized

advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any such

areas that may have been designated for such purpose;

  1. h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software

virus or other computer code, any files and/or programs which have been designed to interfere, destroy

and/or limit the operation of any computer software, hardware, or telecommunication equipment;

  1. i) disrupting the normal flow of communication, or otherwise acting in any manner that would negatively

affect other users’ ability to participate in any real time interactions;

  1. j) interfering with or disrupting any Thema Inc. Services, servers and/or networks that may be connected or

related to our website, including, but not limited to, the use of any device software and/or routine to bypass

the robot exclusion headers;

  1. k) intentionally or unintentionally violating any local, state, federal, national or international law, including, but

not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange

Commission, in addition to any rules of any nation or other securities exchange, that would include without

limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any

regulations having the force of law;

  1. l) providing informational support or resources, concealing and/or disguising the character, location, and or

source to any organization delegated by the United States government as a “foreign terrorist organization”

in accordance to Section 219 of the Immigration Nationality Act;

  1. m) “stalking” or with the intent to otherwise harass another individual; and/or
  2. n) collecting or storing of any personal data relating to any other member or user in connection with the

prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.

Thema Inc. herein reserves the right to pre-screen, refuse and/or delete any content currently available through our

Services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS or

which would otherwise be considered offensive to other visitors, users and/or members.

Thema Inc. herein reserves the right to access, preserve and/or disclose member account information and/or content

if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:

  1. a) compliance with any legal process;
  2. b) enforcement of the TOS;
  3. c) responding to any claim that therein contained content is in violation of the rights of any third party;
  4. d) responding to requests for customer service; or
  5. e) protecting the rights, property or the personal safety of Thema Inc., its visitors, users and members,

including the general public.

Thema Inc. herein reserves the right to include the use of security components that may permit digital information

or material to be protected, and that such use of information and/or material is subject to usage guidelines and

regulations established by Thema Inc. or any other content providers supplying content services to Thema Inc..

You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in

our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or

materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.

 

CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE

Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local

rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or

transferring of software, technology and other technical data may be subject to the export and import laws of the

United States and possibly other countries. Through the use of our network, you thus agree to comply with all

applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration

Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the

United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore,

you state and pledge that you:

  1. a) are not on the list of prohibited individuals which may be identified on any government export exclusion

report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other

government which may be part of an export-prohibited country identified in applicable export and import

laws and regulations;

  1. b) agree not to transfer any software, technology or any other technical data through the use of our network

Services to any export-prohibited country;

  1. c) agree not to use our website network Services for any military, nuclear, missile, chemical or biological

weaponry end uses that would be a violation of the U.S. export laws; and

  1. d) agree not to post, transfer nor upload any software, technology or any other technical data which would be

in violation of the U.S. or other applicable export and/or import laws.

 

CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES

Thema Inc. shall not lay claim to ownership of any content submitted by any visitor, member, or user, nor make

such content available for inclusion on our website Services. Therefore, you hereby grant and allow for Thema

Inc. the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:

  1. a) The content submitted or made available for inclusion on the publicly accessible areas of Thema Inc.’s sites,

the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly

display said Content on our network Services is for the sole purpose of providing and promoting the

specific area to which this content was placed and/or made available for viewing. This license shall be

available so long as you are a member of Thema Inc.’s sites, and shall terminate at such time when you

elect to discontinue your membership.

  1. b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible

areas of Thema Inc.’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt,

publicly perform and/or publicly display said Content on our network Services are for the sole purpose of

providing and promoting the specific area in which this content was placed and/or made available for

viewing. This license shall be available so long as you are a member of Thema Inc.’s sites and shall

terminate at such time when you elect to discontinue your membership.

  1. c) For any other content submitted or made available for inclusion on the publicly accessible areas of Thema

Inc.’s sites, the continuous, binding and completely sub-licensable license which is meant to permit to use,

distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any

arrangement or medium current used or later developed.

Those areas which may be deemed “publicly accessible” areas of Thema Inc.’s sites are those such areas of our

network properties which are meant to be available to the general public, and which would include message boards

and groups that are openly available to both users and members.

 

CONTRIBUTIONS TO COMPANY WEBSITE

Thema Inc. provides an area for our users and members to contribute feedback to our website. When you submit

ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree that:

  1. a) your contributions do not contain any type of confidential or proprietary information;
  2. b) Catholic Gigs shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or

implied, related to any Contributions;

  1. c) Catholic Gigs shall be entitled to make use of and/or disclose any such Contributions in any such manner as

they may see fit;

  1. d) the contributor’s Contributions shall automatically become the sole property of Catholic Gigs; and
  2. e) Catholic Gigs is under no obligation to either compensate or provide any form of reimbursement in any

manner or nature.

 

INDEMNITY

All users and/or members herein agree to insure and hold Thema Inc., our subsidiaries, affiliates, agents,

employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include,

but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member

or user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of

Catholic Gigs Services or your connection with these Services, your violations of the Terms of Service and/or

your violation of any such rights of another person.

 

COMMERCIAL REUSE OF SERVICES

The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial

reason any part, use of, or access to Catholic Gigs’s sites.

 

USE AND STORAGE GENERAL PRACTICES

You herein acknowledge that Thema Inc. may set up any such practices and/or limits regarding the use of our

Services, without limitation of the maximum number of days that any email, message posting or any other

uploaded content shall be retained by Thema Inc., nor the maximum number of email messages that may be sent

and/or received by any member, the maximum volume or size of any email message that may be sent from or may

be received by an account on our Service, the maximum disk space allowable that shall be allocated on Thema

Inc.’s servers on the member’s behalf, and/or the maximum number of times and/or duration that any member may access our Services in a given period of time. In addition, you also agree that Thema Inc. has absolutely no

responsibility or liability for the removal or failure to maintain storage of any messages and/or other

communications or content maintained or transmitted by our Services. You also herein acknowledge that we

reserve the right to delete or remove any account that is no longer active for an extended period of time.

Furthermore, Thema Inc. shall reserve the right to modify, alter and/or update these general practices and limits at

our discretion.

MODIFICATIONS

Thema Inc. shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether

temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not

be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of

our Services, or any part thereof.

 

TERMINATION

As a member of Catholicgigs.com, you may cancel or terminate your account, associated email address and/or

access to our Services by submitting a cancellation or termination request to hi@thema.me.

As a member, you agree that Thema Inc. may, without any prior written notice, immediately suspend, terminate,

discontinue and/or limit your account, any email associated with your account, and access to any of our Services.

The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not

limited to:

  1. a) any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;
  2. b) by way of requests from law enforcement or any other governmental agencies;
  3. c) the discontinuance, alteration and/or material modification to our Services, or any part thereof;
  4. d) unexpected technical or security issues and/or problems;
  5. e) any extended periods of inactivity;
  6. f) any engagement by you in any fraudulent or illegal activities; and/or
  7. g) the nonpayment of any associated fees that may be owed by you in connection with your Catholicgigs.com

account Services.

Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of

access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party

with regards to the termination of your account, associated email address and/or access to any of our Services.

The termination of your account with Catholicgigs.com shall include any and/or all of the following:

  1. a) the removal of any access to all or part of the Services offered within Catholicgigs.com;
  2. b) the deletion of your password and any and all related information, files, and any such content that may be

associated with or inside your account, or any part thereof; and

  1. c) the barring of any further use of all or part of our Services.

 

ADVERTISERS

Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or

through our Services, which may include the payment and/or delivery of such related goods and/or Services, and

any such other term, condition, warranty and/or representation associated with such dealings, are and shall be

solely between you and any such advertiser. Moreover, you herein agree that Thema Inc. shall not be held

responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings

or as a result of the presence of such advertisers on our website.

LINKS

Either Thema Inc. or any third parties may provide links to other websites and/or resources. Thus, you

acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and

as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other

materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that

Thema Inc. shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a

result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content,

goods or Services made available on or through any such site or resource.

PROPRIETARY RIGHTS

You do hereby acknowledge and agree that Thema Inc.’s Services and any essential software that may be used in

connection with our Services (“Software”) shall contain proprietary and confidential material that is protected by

applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any

Content which may be contained in any advertisements or information presented by and through our Services or

by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore,

except for that which is expressly permitted by applicable law or as authorized by Thema Inc. or such applicable

licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform

and/or created any plagiaristic works which are based on Thema Inc. Services (e.g. Content or Software), in whole

or part.

Thema Inc. herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use

of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party

to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an

attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise

transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any

manner, nature or form, and as such, not to use any modified versions of the Software, including and without

limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or

attempt to access our Services through any means other than through the interface which is provided by Thema

Inc. for use in accessing our Services.

 

WARRANTY DISCLAIMERS

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

  1. a) THE USE OF THEMA INC. SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU.

OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS

AVAILABLE” BASIS. THEMA INC. AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS,

EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND

ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT

NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS

FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

  1. b) THEMA INC. AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND

LICENSORS MAKE NO SUCH WARRANTIES THAT (i) THEMA INC. SERVICES OR

SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THEMA INC. SERVICES OR

SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT

SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE THEMA INC.

SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY

PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE

PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL

MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE

SOFTWARE SHALL BE CORRECTED.

  1. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY

OF THEMA INC. SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE

DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR

AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT

TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING

AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE

DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.

  1. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY

BE OBTAINED BY YOU FROM THEMA INC. OR BY WAY OF OR FROM OUR SERVICES OR

SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

  1. e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF

EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS

THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES.

CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR

UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY

PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN

YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU

EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES:

DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS,

DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

LIMITATION OF LIABILITY

YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT THEMA INC. AND OUR

SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL,

CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES

WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR

OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH

POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:

  1. a) THE USE OR INABILITY TO USE OUR SERVICE;
  2. b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
  3. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR

DATA;

  1. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
  2. e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

RELEASE

In the event you have a dispute, you agree to release Thema Inc. (and its officers, directors, employees, agents,

parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages

(actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed

and undisclosed, arising out of or in any way connected to such dispute.

 

SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS

Should you intend to create or to join any service, receive or request any such news, messages, alerts or other

information from our Services concerning companies, stock quotes, investments or securities, please review the

above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this particular type of

information, the phrase “Let the investor beware” is appropriate. Thema Inc.’s content is provided primarily for

informational purposes, and no content that shall be provided or included in our Services is intended for trading or

investing purposes. Thema Inc. and our licensors shall not be responsible or liable for the accuracy, usefulness or

availability of any information transmitted and/or made available by way of our Services, and shall not be

responsible or liable for any trading and/or investment decisions based on any such information.

EXCLUSION AND LIMITATIONS

THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN

WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR

CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS

WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

THIRD PARTY BENEFICIARIES

You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall

be no third-party beneficiaries to this agreement.

 

NOTICE

Thema Inc. may furnish you with notices, including those with regards to any changes to the TOS, including but

not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other

reasonable means currently known or any which may be herein after developed. Any such notices may not be

received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your

acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that

would have been delivered had you accessed our Services in an authorized manner.

 

TRADEMARK INFORMATION

You herein acknowledge, understand and agree that all of the Thema Inc. trademarks, copyright, trade name,

service marks, and other Thema Inc. logos and any brand features, and/or product and service names are

trademarks and as such, are and shall remain the property of Thema Inc.. You herein agree not to display and/or

use in any manner the Thema Inc. logo or marks without obtaining Thema Inc.’s prior written consent.

 

COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE

& PROCEDURES

Thema Inc. will always respect the intellectual property of others, and we ask that all of our users do the same.

With regards to appropriate circumstances and at its sole discretion, Thema Inc. may disable and/or terminate the

accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has

been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual

property rights have been otherwise violated, you should provide to us the following information:

  1. a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the

copyright or other intellectual property interest;

  1. b) A description of the copyrighted work or other intellectual property that you believe has been infringed

upon;

  1. c) A description of the location of the site which you allege has been infringing upon your work;
  2. d) Your physical address, telephone number, and email address;
  3. e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the

copyright owner, its agents or the law;

  1. f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice

is truthful and accurate, and that you are the copyright or intellectual property owner, representative or

agent authorized to act on the copyright or intellectual property owner’s behalf.

The Thema Inc. Agent for notice of claims of copyright or other intellectual property infringement can be

contacted as follows:

Telephone: 415-915-9584

Email: info@catholicgigs.com

 

CLOSED CAPTIONING

BE IT KNOWN, that Thema Inc. complies with all applicable Federal Communications Commission rules and

regulations regarding the closed captioning of video content. For more information, please visit our website at

Catholicgigs.com.

 

GENERAL INFORMATION

ENTIRE AGREEMENT

This TOS constitutes the entire agreement between you and Thema Inc. and shall govern the use of our Services,

superseding any prior version of this TOS between you and us with respect to Thema Inc. Services. You may also

be subject to additional terms and conditions that may apply when you use or purchase certain other Thema Inc.

Services, affiliate Services, third-party content or third-party software.

 

CHOICE OF LAW AND FORUM

It is at the mutual agreement of both you and Thema Inc. with regard to the TOS that the relationship between the

parties shall be governed by the laws of the state of California without regard to its conflict of law provisions and

that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship

between you and Thema Inc., shall be filed within the courts having jurisdiction within the County of Orange,

California or the U.S. District Court located in said state. You and Thema Inc. agree to submit to the jurisdiction of

the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over

the parties by such courts and to venue in such courts.

 

WAIVER AND SEVERABILITY OF TERMS

At any time, should Thema Inc. fail to exercise or enforce any right or provision of the TOS, such failure shall not

constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent

jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’

intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

 

NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY

You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or

contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your

account may be terminated and all contents therein permanently deleted.

 

STATUTE OF LIMITATIONS

You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action

arising out of or related to the use of our Services or the TOS must be filed within 1 year(s) after said claim or

cause of action arose or shall be forever barred.

 

VIOLATIONS

Please report any and all violations of this TOS to Thema Inc. as follows:

Telephone: 415-915-9584

Email: info@catholicgigs.com