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1. WELCOME TO LIBRARYCOM!
LibraryCom, Inc., a division of CASPR Library Systems, Inc., provides the
LibraryCom service to you subject to the following Terms of Service (TOS),
which may be updated by us from time to time at CASPR's sole discretion.
2. DESCRIPTION OF SERVICE
LibraryCom currently provides users with library Web hosting and searching services
(the Service). Any new features that enhance the current service shall be
covered by the TOS agreement. In order to use the Service, you must be able
to access the World Wide Web.
3. YOUR REGISTRATION
OBLIGATIONS
In consideration of the use of Service, you agree to:
a. Provide true accurate, current and complete information about yourself as
prompted by the Service's registration form.
b. Maintain and update any information that becomes inaccurate or outdated.
If you provide inaccurate or untrue information, or if LibraryCom has
reasonable grounds to suspect that such information is untrue, LibraryCom has
the right to suspend or terminate your account and refuse any and all future
use of the Service.
4. LIBRARYCOM PRIVACY POLICY
LibraryCom may disclose to third parties certain aggregate information
contained in your registration data or related data, provided that, such
information will NOT include personally identifying information, except as
specifically authorized by you or in the good faith belief that such action
is reasonably necessary to comply with the law, legal process, or to enforce
the TOS.
5. MEMBER CONDUCT
You understand that all information posted to LibraryCom are the sole
responsibility of the person from which such content originated. This means
that you, not LibraryCom, are entirely responsible for all information you
upload, post or otherwise transmit via the Service. LibraryCom does not
control the information posted via the Service and, as such, does not
guarantee the accuracy, integrity or quality of such information. You agree
to not use the Service to:
a). Upload, post or otherwise transmit information that is unlawful, harmful,
threatening, abusive, tortuous, defamatory, vulgar, obscene, libelous,
invasive of another's privacy;
b). Harm minors in any way;
c). Impersonate any person entity, including but not limited to, a LibraryCom
employee, or other LibraryCom user.
d). Upload, post or transmit information that you do not have a right to
transmit under any law or under contractual or fiduciary relationships.
e). Interfere with or disrupt the Service or servers or networks connected to
the Service, or disobey any requirements, procedures, policies or regulations
of networks connected to the Service;
f). Intentionally or unintentionally violate any applicable local, state,
national or international law.
6. CONTENT SUBMITTED TO
LIBRARYCOM
LibraryCom does not claim ownership of the information you place in your
LibraryCom Web Library sites. By submitting information to LibraryCom for
inclusion in your Web Library, you grant LibraryCom the worldwide, royalty
free and non-exclusive license to reproduce, modify, adapt and publish the
information solely for the purpose of displaying, distributing and promoting
LibraryCom Web Libraries. This license exist only for as long as you continue
to be a LibraryCom user and shall be terminated at the time your LibraryCom
Web Site and Account is terminated. Privacy options with Library Web Sites
allows you to limit viewing information within your library to a specific set
of users.
7. INDEMNITY
You agree to indemnify and hold LibraryCom, and its subsidiaries, affiliates,
officers, and employees, harmless from any claim or demand, including
'reasonable' attorney's fees, made by any third party due to or arising out
of your information, your use of the Service, your connection to the Service,
or your violation of the TOS.
8. POLICY REGARDING USE AND
STORAGE
You acknowledge that LibraryCom may establish general practices and
limits concerning the use of the Service. Currently each LibraryCom
Web site is limited to size based on the level of Service purchased,
Membership, Standard, Premium or Custom.
9. MODIFICATION OF SERVICE
LibraryCom reserves the right at any time to modify or discontinue,
temporarily or permanently, the Service with or without notice. You agree
that LibraryCom shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
10. TERMINATION
You agree that LibraryCom, in its sole discretion, may terminate your
password, Library Web site, use of the Service and remove and discard any information
within the Service, for any reason, including, without limitation, for lack
of use or if LibraryCom believes that you have violated or acted
inconsistently with the letter or spirit of the TOS. LibraryCom will take
reasonable efforts to allow you to save or store your information before that
information is permanently removed. Reasonable efforts shall mean, attempting
to contact you through the email account you specified in your registration
screen, and providing a means for you to electronically transfer your data to
another source for a reasonable amount of time.
11. PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in
connection with the Service ("Software") contain proprietary and
confidential information that is protected by applicable intellectual
property and other laws. Except as expressly authorized by CASPR, you agree
not to modify, rent, lease, loan, sell, distribute or create derivative works
based on the Service or the Software, in whole or in part.
12. DISCLAIMER OF WARRANTIES
YOU EXPRESSELY UNDERSTAND AND AGREE THAT:
a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON
AN "AS IS" BASIS. CASPR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
b) CASPR MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE (iii)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE
OR RELIABLE (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE OR SOFTWARE WILL BE
CORRECTED.
c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d) NO ADVICE OR INFORMAITON, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
CASPR OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TOS.
13. LIMITATION OF LIABITITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CASPR SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CASPR HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO
USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF THE SUBTITUTE GOODS AND
SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY OTHER PART ON THE SERVICE; OR (v)
ANY OTHER MATTER RELATING TO THE SERVICE.
14. ENTIRE AGREEMENT
The TOS constitutes the entire agreement between you and CASPR and governs
your use of the Service, superceding any prior agreements between you and
CASPR. The TOS and the relationship between you and CASPR shall be governed
by the laws of the State of California. You and CASPR agree to submit to the
personal and exclusive jurisdiction of the courts located with the county of
Santa Clara, California.
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