LibraryPass

TERMS & CONDITIONS

EFFECTIVE DATE: April 1, 2022

The Terms of Use are a contract between you and LibraryPass, Inc. (“LibraryPass™”) that apply when you use LibraryPass’ websites, domains, products, services, apps, and/or content (“Services”). You should read this carefully.

If you have any questions or suggestions, feel free to email us at LibraryPass Support. In order to make this agreement more readable, we have tried to write it in plain English and to be relatively informal. To avoid any possibility of confusion, when you see references to “we” or “us” or “our”, all of those references are to LibraryPass (collectively with its agents, consultants, employees, officers and directors); when you see a reference to “you” or “your”, we are referring to you, the Licensee and any User of one of our websites, products or services.

I. THIS IS A CONTRACT.

These Terms of Use (“Terms of Use” or “Agreement”) are a binding contract between you and LibraryPass. The Terms of Use apply to all Services owned or operated by LibraryPass, including without limitation websites and apps owned or operated by LibraryPass, including Comics Plus® (collectively, “Sites”). When you use any of the Services (e.g., register as a user of Comics Plus, or use the products or services offered by LibraryPass), you become a “User” for purposes of this Agreement and you agree to be bound by this Agreement and our Privacy Policy.

YOUR USE OF LIBRARYPASS’ SITES OR PRODUCTS AND SERVICES SIGNIFIES THAT YOU AGREE TO THE FOLLOWING TERMS OF USE, AS WELL AS: (1) LIBRARYPASS’ ACCEPTABLE USE POLICY, (2) DMCA TAKEDOWN POLICY, (3) LIBRARYPASS’ USE OF SOFTWARE POLICY, AND (4) LIBRARYPASS’ PRIVACY POLICY, EACH OF WHICH ARE INCORPORATED BY REFERENCE INTO THIS AGREEMENT.

Use of the Services is a privilege and not a right.

If you do not agree to all the terms and conditions of the Terms of Use, you shouldn’t and aren’t permitted to use the Services.

II. USE OF THE WEBSITE BY CHILDREN.

You represent and warrant that you are of legal age to form a binding contract. If you are not able to form a binding contract (this means, in most jurisdictions, you are not yet 18 years old), we strongly encourage librarians, teachers and parents to spend time online with children/students and to appropriately monitor their online activities, as such we recommend informing parents are aware of the Services. Please protect privacy by instructing them to never provide personal information on this site or any other, or within any software registration process. And make sure the students understand basic copyright issues, i.e., don’t cut and paste and reuse the material in a commercial manner.

III. WE MAY CHANGE LIBRARYPASS’ PRODUCTS OR SERVICES, AND WE MAY CHANGE THESE TERMS OF USE.

The Services change frequently, and their form and functionality may change without prior notice to you. LibraryPass may also suspend or discontinue any of the Services, or any part of any of the Services, at any time and without notice, including without limitation the availability of any product, feature, database or any Content (as defined below). Similarly, we may change these Terms of Use at any time. If we do change the Terms of Use, we will generally tell you in advance by placing a notification on the LibraryPass’ websites, or in some instances, we might send you an email. In certain situations however (for example, if a change to the Terms of Use is necessary to comply with legal requirements), we may not be able to give you advance notice. You can always review the most current version of these terms by clicking on the “Terms of Use” link located at the bottom of our Web pages. You are responsible for checking these terms periodically for changes. Changes to the Privacy Policy will be provided in advance, as set forth in the Privacy Policy.

If you don’t like the Terms of Use (now or in the future), you are free to reject them – but, unfortunately, that means you won’t be able to use the Services. If you continue to use LibraryPass Products and Services after we post changes to the Terms of Use, you are (through your continued use) signifying your acceptance of the new terms.

IV. IF YOU REGISTER, YOU MUST PROVIDE ACCURATE INFORMATION.

If you register to use any of the Services, you will create an account (“Account”), and select a password and user name (“LibraryPass User ID”). You promise that the registration information you provide will be accurate, complete, and up-to-date, and you understand that failure to do so may result in suspension of your Account. You may not select for your LibraryPass User ID a name that you don’t have the rights to use or another person’s name with the intent to impersonate that person.

V. YOUR USE MUST BE PERSONAL AND NON-COMMERCIAL AND COMPLY WITH OUR ACCEPTABLE USE POLICY.

You promise to only use the Services for your personal, non-commercial use, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for you using the Services in a way that breaks the law.

You are also responsible for maintaining the confidentiality of your Account password and for the security of your Account, and you will notify LibraryPass immediately of any actual or suspected loss, theft, or unauthorized use of your Account or Account password.

Any violation of the Terms of Use by anyone using the Services under your Account (or otherwise under your authority or permission) may be deemed a violation by you, irrespective of whether the violation is with or without your consent.

As already mentioned, your use of the Services is subject to our Acceptable Use Policy, which outlines what you can and can’t do with and on the Services. You should therefore read the Acceptable Use Policy carefully. A violation of the Acceptable Use Policy will be grounds for termination of your right to use or access the Services.

LibraryPass may email you about authors, digital content titles, services, special offers, and other information you elect to receive from LibraryPass. No association with nor endorsement of any third-party digital content, websites, products, and/or services is intended or implied by LibraryPass emailing you such information. You may opt out of these communications at any time by changing your LibraryPass account preferences.

VI. CERTAIN CONTENT AND ACTIVITIES ARE PROHIBITED.

“Content” refers to all information, data, text, software, music, sound, photographs, graphics, illustrations, animations, video, messages, tags, logos, written posts, replies and comments, or other materials or forms of creative expression – whether publicly posted or privately transmitted – provided by us and our licensors and displayed on the Sites. As contextually appropriate, the term “Content” also includes tools, software, scripts and executable files.

Users of the Services may be subject to international, federal, state and local laws, including but not limited to laws regulating the privacy and security of personal information (collectively, “Laws”). As a User, you are solely responsible complying with all applicable Laws in your use of the Services. In addition, with respect to your use of the Services, you agree that you comply with the Acceptable Use Policy.

Except as otherwise required by law, LibraryPass takes no responsibility for, and makes no representations or warranties concerning, the privacy, confidentiality, or security or the accuracy of any information entered by, disclosed by, or transmitted to third parties through the Services, by Users.

VII. THERE ARE RULES GOVERNING USE OF CONTENT.

Limited Use: All copyright and other intellectual property rights in the Content on the Services are owned by LibraryPass or its third-party licensors, unless otherwise indicated. All Content on the Services is protected by copyright, trademark, patent, trade secret and other laws. LibraryPass and/or its third-party licensors own and retain all rights in such Content. LibraryPass grants you a limited, revocable, nonsublicensable license to view and use a single copy of the LibraryPass Content (excluding any software code) solely for your personal, noncommercial use. Otherwise, no LibraryPass Content may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed.

Ownership of Copyrights, Trademarks, Patents and Trade Secrets: LibraryPass Content is protected under U.S. and foreign copyright, trademark, patent and/or trade secret laws, with title to LibraryPass Content held by LibraryPass and/or its licensors. The look and feel of our color combinations, button shapes, and other graphical elements on LibraryPass are our intellectual property. The names of and logos associated with LibraryPass’ Services are owned by LibraryPass and are protected by U.S. and foreign trademark laws.

The Services also contain Content owned by other copyright and trademark holders. Except for Content created solely by you (“User Content”), you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content that appears on, or is accessible through, the Services.

You shall be solely responsible for any Content you submit and the consequences of posting or publishing such Content. With respect to any Content you submit, you affirm, represent and warrant that:

  1. you own or have the necessary licenses, rights, consents or permissions to use and authorize LibraryPass to use all patent, copyright, trade secret and trademark rights or other proprietary rights to enable inclusion and use of such Content in the manner contemplated by the Site (or such other of the Services as you may be using) and these Terms of Use; and
  2. you have the written consent, release and/or permission of each identifiable individual person identified in such Content to use the name, likeness or other personal characteristics of each such identifiable individual.

Any unauthorized use, modification or copying of LibraryPass Content, or Content that constitutes the intellectual property of others, is a breach of this Agreement. The use of any Content on any other website or networked computer environment is expressly prohibited.

We do not claim ownership of any User Content you post; however, by posting or transmitting such User Content, you grant us, our affiliates, our successors, and others with whom we have agreements, a non-exclusive, transferable, sublicensable, worldwide right to use, copy, host, store, cache, display (publicly and otherwise), perform, modify, distribute, adapt and reformat (each in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), aggregate, transmit, translate, create compilations, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet or any other uses or media) such content.

Any and all intellectual property rights that are not expressly granted hereunder are reserved to LibraryPass and its licensors.

Intellectual Property on Other Web Sites: We respect the intellectual property of others, and we ask (and expect) our Users to do the same. Material available on or through other websites may be protected by copyright and the intellectual property laws of the United States and/or other countries. LibraryPass has no responsibility for content on other websites. When you are on websites other than the LibraryPass Sites, the terms of use of those websites, and not this Agreement, governs your use of the material you find there.

Digital Millennium Copyright Act:  LibraryPass respects the intellectual property of others. If you believe that your copyrighted materials have been copied in a way that constitutes copyright infringement, please follow the procedure set forth in our Digital Millennium Copyright Act Takedown Policy, which is expressly incorporated herein by reference and made a part of these Terms.

LibraryPass retains the right, in its sole discretion, to disable and/or terminate the Accounts of Users who infringe (or, in LibraryPass’ discretion, who repeatedly infringe) LibraryPass’ or others’ copyrights or other intellectual property rights.

VIII. WE HAVE A PRIVACY POLICY AND IT IS PART OF THIS AGREEMENT.

Your privacy is important to us. Our use of your information and your use of the LibraryPass Sites and Products and Services is governed by our Privacy Policy which is expressly incorporated in these Terms of Use. To review our Privacy Policy, click here.

IX. PERSONAL INFORMATION, USER CONTENT AND CONFIDENTIALITY.

Except as may be set forth in our Privacy Policy and/or a separate agreement with us, LibraryPass is not responsible for the confidentiality of any information communicated to LibraryPass and such information will be considered non-personal, non-confidential and non-proprietary. You agree that LibraryPass may use anything you post or submit, including any feedback, information, ideas, concepts or inventions, for any purpose without limitation and without the need to compensate you. You agree not to take action against LibraryPass, its owner, affiliates, or any of its officers, directors, employees or managers in relation to User Content or other materials you submit when visiting LibraryPass Sites or using the Services.

X. THERE ARE RULES REGARDING WHEN AND HOW YOU MAY LINK TO THIS WEB SITE

You may include a link to a LibraryPass site on another Web site so long as the link does not portray LibraryPass in a false or misleading manner and does not appear on a Web site that is offensive, obscene or otherwise objectionable.

XI. LIBRARYPASS IS NOT RESPONSIBLE FOR CONTENT ON THIRD PARTY WEBSITES OR DEALINGS YOU MAY HAVE WITH ADVERTISERS.

LibraryPass Sites may include links to third party websites. We do not publish or control those sites. It is possible that some of these sites may, from time to time, contain materials that are objectionable, unlawful, or inaccurate. LibraryPass does not endorse, and is not responsible or liable, for any content, advertising, products, services or other materials on or available from such sites. You acknowledge and agree that we are not responsible for any content or other materials, or the privacy policies and practices of third party websites. By using the Services, you expressly waive any rights, claims or liability against LibraryPass from your use of any third-party website.

Similarly, any dealings that you have with advertisers found on or through the Services are between you and the advertiser, and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.

LibraryPass does not offer or sell any advertising opportunities nor does it present any advertising in any of its products.

XII. IF YOU VIOLATE THE TERMS OF USE, YOU MAY LOSE CERTAIN RIGHTS AND YOU MAY BE VIOLATING THE LAW.

You will automatically lose the right to use or access the Services if you violate these Terms of Use or any published LibraryPass policies. We also reserve the right, in our sole discretion, to terminate your access to all or part of any of the Services, for any reason, with or without notice. If you violate any of these Terms of Use, you are violating your Agreement with LibraryPass and may be violating intellectual property, unfair competition and other laws.

XIII. THIS AGREEMENT ALSO CONTAINS WARRANTY DISCLAIMER, RELEASE OF LIABILITY, LIMITATION OF LIABILITY, INDEMNIFICATION, CHOICE OF LAW, DISPUTE RESOLUTION, SEVERABILITY AND INTEGRATION CLAUSES.

The following provisions further explain your rights and ours. Among other things, these provisions specify what rules and procedures would apply (and help determine the outcome) in the event that there were some dispute between you and LibraryPass:

A. WARRANTY DISCLAIMER

USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES (AND, OF COURSE, ALL CONTENT THEREIN) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR NONMISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATION CONTENT, OR SYSTEM INTEGRATION. LIBRARYPASS ASSUMES NO LIABILITY FOR OR RELATING TO ANY DELAYS, FAILURES, INTERRUPTIONS, OR CORRUPTION OF ANY DATA OR OTHER MATERIAL OR INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THE SERVICES. LIBRARYPASS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE SERVICES OR ANY CONTENT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

LIBRARYPASS MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SERVICES WILL: (A) BE TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) BE FREE FROM ERRORS OR THAT DEFECTS WILL BE CORRECTED, OR (D) BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SERVICES IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.

B. RELEASE FROM LIABILITY

You release LibraryPass and all of its directors, officers, shareholders, employees, representatives, consultants, agents, suppliers, partners, distributors, affiliates, and licensors from any and all liability related to: (i) disputes with other Users; (ii) third party sites and services, and (iii) claims related to the unauthorized access to any data communications or Content stored under or relating to your Account, including unauthorized use or alteration of such communications or your Content.

If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

C. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL LIBRARYPASS OR ANY OF ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, PARTNERS, DISTRIBUTORS, AFFILIATES OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR USE OR ATTEMPTED USE OF THE SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICES.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR PARENT AND SUPPLIERS, SHALL BE LIMITED (IN THOSE JURISDICTIONS) TO THE EXTENT PERMITTED BY LAW.

D. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless us, our parent and other affiliated companies, and our respective employees, contractors, officers, directors, and agents, from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your use or misuse of the Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification, in which event you will cooperate with us in such defense and any settlement.

E. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES

You agree that the laws of the State of Texas govern this contract and any claim or dispute that you may have against us, without regard to its conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved in the Western District of Texas and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE WESTERN DISTRICT OF TEXAS OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE WESTERN DISTRICT OF TEXAS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

F. SEVERABILITY AND INTEGRATION

This contract and any supplemental terms, policies, rules and guidelines posted on LibraryPass constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

G. ASSIGNMENT

LibraryPass may assign its rights under this Agreement without condition. You may not. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

XIV. THANK YOU FOR USING LIBRARYPASS.

This section does not have any legal or contractual significance as part of our Agreement, but we do want to thank you for using LibraryPass.