EFFECTIVE DATE: March 02, 2020
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 confusions, 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 User of one of our websites, products or services.
I. THIS IS A CONTRACT.
Use of the Services is a privilege and not a right.
II. USE OF THE WEBSITE BY CHILDREN REQUIRES PARENT/GUARDIAN CONSENT.
We encourage parents and teachers to spend time online with children and to appropriately monitor their online activities. Please protect your child’s privacy by instructing them to never provide personal information on this site or any other, or within any software registration process, without your permission.
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 ePAL’S 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.
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.
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 make 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 trademarks. 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:
ii. 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.
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.
IX. PERSONAL INFORMATION, USER CONTENT AND CONFIDENTIALITY
X. THERE ARE RULES REGARDING WHEN AND HOW YOU MAY LINK TO THIS WEB SITE
You may include a link to an 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.
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.
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 New York 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, subject to Section F immediately below, any disputes or claims that you may have against us will be resolved in the Southern District of New York and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
F. DISPUTE RESOLUTION
Any disputes and/or claims that you assert (or that is asserted on your behalf) under this Agreement and/or related to the use of the Services shall be resolved exclusively through the use of binding arbitration. Such arbitration shall be subject to the Federal Arbitration Act and the rules of the American Arbitration Association which shall govern such arbitration and be conducted before a single arbitrator in New York, New York. Any claimants shall have their claims/disputes resolved on an individual basis. Class action arbitration is prohibited under this Agreement. Neither you nor we shall be entitled to join or consolidate claims in arbitration by or against other users or arbitrate any claims as a member of a class or in a private Attorney General capacity. Each party shall bear its own costs, including any attorneys’ fees, associated with such arbitration. Any award rendered in arbitration shall be final and binding, and may be enforced in any court having competent jurisdiction. In addition to any other remedies, we shall also have the right to seek injunctive relief outside of arbitration to protect our intellectual property rights.
G. SEVERABILITY AND INTEGRATION
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.