BIBLIOTHECA CLOUD LIBRARY SERVICES
BIBLIOTHECA RESERVES THE RIGHT TO MODIFY, SUSPEND OR TERMINATE THE SERVICES WITHOUT NOTICE. IN ADDITION, BIBLIOTHECA MAY MODIFY THE TOU WITHOUT PRIOR NOTICE AND SUCH MODIFICATIONS WILL BECOME EFFECTIVE IMMEDIATELY UPON POSTING ON THIS SITE (http://download.yourcloudlibrary.com/apps/CloudLibrary_TOU.html) . YOU AGREE TO REVIEW THE POSTED TOU PERIODICALLY TO DETERMINE IF MODIFICATIONS HAVE BEEN MADE. BY CONTINUING TO USE THE SERVICES AFTER MODIFICATIONS ARE POSTED, YOU WILL BE DEEMED TO HAVE ACCEPTED THE MODIFIED TOU. IF CONSENT IS REQUIRED YOU WILL BE PROVIDED WITH AN OPPORTUNITY TO AGREE TO THESE TERMS.
COPYRIGHT NOTICE: EBOOKS AND OTHER MATERIALS DOWNLOADED OR OTHERWISE ACCESSED THROUGH THE SERVICES ARE COPYRIGHTED MATERIALS PROTECTED BY STATE, FEDERAL AND INTERNATIONAL REGULATIONS, LAWS AND TREATIES. UNAUTHORIZED COPYING OR USE OF SUCH MATERIALS, AND ANY ATTEMPT TO DEFEAT OR OTHERWISE CIRCUMVENT ANY DIGITAL RIGHTS MANAGEMENT OR SECURITY FEATURES ASSOCIATED WITH SUCH MATERIALS, IS STRICTLY PROHIBITED.
1. The Services. The Services enable you to browse, download, listen to and read eBooks, audiobooks and other materials ("Lending Materials") using a compatible e-reader, mobile device or personal computer ("Compatible Device") and approved application software ("Application Software"). The Services are for your personal, non-commercial use only. Reproduction, distribution, performance, display and creation of derivative works of the Lending Materials, in any mode or media (including but not limited to transfer to optical media, such as CDs or DVDs, and sharing of Lending Materials with others via file sharing services or email) are strictly prohibited. All rights not expressly granted herein are reserved to Bibliotheca and its licensors. The Services are not intended for use by any person under the age of 13 without the express, written consent of a parent or legal guardian.
2. Lending Policies. The Services are provided in cooperation with approved libraries and lending institutions ("Lenders"). In order to access and use the Services, you are required to maintain a current account with your selected Lender. Selection and availability of Lending Materials is at the sole discretion of your Lender, and is subject to the policies and rules established by your Lender, including any applicable dues, charges or fees. ("Lending Policies"). For further information regarding applicable Lending Policies, please contact your selected Lender.
3. Lending Term. Your right to access and use Lending Materials will expire upon the earlier of (i) expiration or termination of this Agreement; and (ii) the end of the lending term as established by your Lender ("Lending Term"). You agree to cease all use of and delete all copies of the Lending Materials upon such expiration, and acknowledge that the Services, the Application Software and/or the Lending Materials may include digital rights management technologies that delete, disable or otherwise inhibit use of Lending Materials upon such expiration.
4. Term and Termination.
a. This Agreement is effective as of your first use of the Services and shall remain in effect until: (a) this Agreement is superseded by the posting of modified TOU on this site; or (b) termination by you or Bibliotheca as provided herein.
b. This Agreement will terminate immediately and without notice upon your breach of any material term thereof, or of your Application Software end user license agreement. In addition, Bibliotheca may terminate this agreement, with or without cause, upon thirty (30) days written notice, which notice may be provided through the Services or by email at the address that you provide in your Account Information. You may terminate this Agreement at any time by deleting your account and ceasing all further use of the Service. Upon termination of this Agreement by you or Bibliotheca in accordance herewith, your right to access and use the Services and any Lending Materials provided hereunder shall cease, and you agree to cease use of and delete any Lending Materials in your possession and control.
5. Account Information. You represent and warrant that all account information provided by you ("Account Information") is true and accurate and that you will update this information in order to keep it current, complete and accurate. Account information that you submit to the Services will be processed and stored in the United States by Bibliotheca and/or and Bibliotheca's service providers. You may change or delete your contact information at any time by your account page. Account information submitted to the Services may be retained by Bibliotheca or its service provider(s) in accordance with the Bibliotheca .
6. User Names and Passwords. You agree that any usernames and passwords associated with your account are confidential information solely for your use, and that you are responsible for any access to or use of the Services using your username and password. You agree to notify Bibliotheca immediately if you learn of an unauthorized use of your account.
7. Accessing the Services. Use of the Services requires you to be connected to the Internet. You are solely responsible for obtaining and maintaining, at your own cost and expense, an Internet connection suitable for the purpose of accessing and using the Services. YOU ACKNOWLEDGE THAT THE SERVICES MAY NOT BE AVAILABLE AT ALL TIMES AND WITHOUT INTERRUPTION. YOU AGREE THAT BIBLIOTHECA AND ITS SERVICE PROVIDERS ARE NOT RESPONSIBLE FOR LOSS OF SERVICES OR FUNCTIONALITY DUE TO SLOW OR UNRELIABLE INTERNET CONNECTIONS. BIBLIOTHECA AND ITS SERVICE PROVIDERS DO NOT GUARANTEE THE SERVICES WILL BE FREE OF LOSS, VIRUS, CORRUPTION OR ERROR.
8. Intellectual Property. Bibliotheca and its licensor(s) own and retain all intellectual property rights in the Services, Lending Materials, and all associated software, copyrights, trademarks, brands, service marks, patents or other proprietary rights under law, including all intellectual property conceived during and in the course of performing the Services. You are permitted to use the Services only as specifically authorized herein
9. DISCLAIMER OF WARRANTY. THE SERVICES AND LENDING MATERIALS ARE PROVIDED "AS IS", AND BIBLIOTHECA, ITSELF AND ON BEHALF OF ITS LICENSORS AND SERVICE PROVIDERS, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THE WARRANTY OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY ARISING OUT OF A COURSE OF DEALING, A CUSTOM OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, BIBLIOTHECA, ITS LICENSORS AND SERVICE PROVIDERS, MAKE NO WARRANTY THAT THE SERVICES AND LENDING MATERIALS WILL MEET YOUR REQUIREMENTS, (B) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) WILL BE EFFECTIVE, ACCURATE, COMPLETE, CURRENT OR RELIABLE, OR (D) WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. USE OF THE SERVICES, AND THE ACQUISITION OF ANY MATERIALS OR CONTENT THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO LENDING MATERIALS, IS DONE AT YOUR OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY INJURY OR DAMAGE RELATED THERETO.
10. MCGRAW-HILL CONTENT. MEDICINE IS AN EVER-CHANGING SCIENCE. AS NEW RESEARCH AND CLINICAL EXPERIENCE BROADEN OUT KNOWLEDGE, CHANGES IN TREATMENT AND DRUG THERAPY ARE REQUIRED. IN VIEW OF THE POSSIBILITY OF HUMAN ERROR OR CHANGES IN MEDICAL SCIENCES, NEITHER BIBLIOTHECA, MCGRAW-HILL NOR THEIR LICENSORS WARRANTS THAT THE INFORMATION CONTAINED IN THE MCGRAW-HILL CONTENT IS IN EVERY RESPECT ACCURATE OR COMPLETE, AND THEY ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. USERS ARE ENCOURAGED TO CONFIRM THE INFORMATION CONTAINED IN THE MCGRAW-HILL CONTENT WITH OTHER SOURCES. FOR EXAMPLE, AND IN PARTICULAR, USERS ARE ADVISED TO CHECK THE PRODUCT INFORMATION SHEET INCLUDED IN THE PACKAGE OF EACH DRUG THEY PLAN TO ADMINISTER TO BE CERTAIN THAT THE INFORMATION CONTAINED IN THE MCGRAW-HILL CONTENT IS ACCURATE AND THAT CHANGES HAVE NOT BEEN MADE IN THE RECOMMENDED DOSE OR IN THE CONTRAINDICATIONS FOR ADMINISTRATION. THIS RECOMMENDATION IS PARTICULARLY IMPORTANT IN CONNECTION WITH NEW OR INFREQUENTLY USED DRUGS. NEITHER BIBLIOTHECA, MCGRAW-HILL NOR THEIR LICENSORS SHALL BE LIABLE TO USER OR TO ANY USER OR ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM.
11. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIBLIOTHECA, ITS LICENSORS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF BUSINESS OR CONFIDENTIAL INFORMATION, LOSS OF PRIVACY, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE AND ANY RELATED PRODUCTS AND SERVICES, EVEN IF BIBLIOTHECA, ITS LICENSORS AND/OR SERVICE PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT THE CUMULATIVE LIABILITY OF BIBLIOTHECA, ITS LICENSORS AND/OR SERVICE PROVIDERS ARISING FROM THE SERVICE, THE SITE OR THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATIONS OF LIABILITY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. Indemnification. You agree to indemnify and hold Bibliotheca, its parents, subsidiaries, affiliates, service providers, officers and employees, harmless from any liabilities, claims, expenses or demands, including reasonable attorneys' fees and costs, made by any third party due to or arising out of: (a) your use or misuse of the Services; (b) any use of the Services in violation of laws, rules, regulations or the TOU; and (c) your use of the Services to infringe any intellectual property or any other right of any person or entity. Bibliotheca and its service providers reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate in asserting any available defenses.
14. Governing Law and Attorneys Fees. This Agreement is governed by the laws of the State of Minnesota, USA, excluding its conflict of laws rules, and specifically excluding the United Nations Convention on Contracts for the International Sale of Goods. User consents to jurisdiction and venue in the state and federal courts located in Ramsey County, Minnesota, USA, and agrees that all disputes arising from this Agreement shall be venued exclusively in such courts. In any action or suit to enforce any right or remedy under this Agreement or to interpret any provision of this Agreement, the prevailing party will be entitled to recover its costs, including reasonable attorneys' fees.
15. Third Party Beneficiaries. You acknowledge that the Services may be provided by third party service providers, in whole or in part, and agree that such service providers are intended to be the beneficiaries of this Agreement with the right to enforce the terms of the Agreement directly against Users.
16. General. Bibliotheca and its service providers will not be responsible for any delay in providing the Services due to conditions beyond their reasonable control. If any provisions in the TOU are, for any reason, held invalid, illegal or unenforceable by a court or tribunal of competent jurisdiction, such provisions will be deemed severable and such invalidity, illegality or un-enforceability will not affect any other provisions, all of which will be enforced. This Agreement constitutes the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. No Party has relied on any warranty or other statement not included herein. Failure by Bibliotheca to require strict performance will not be a waiver of a Bibliotheca's right subsequently to require such strict performance. All representations, warranties, indemnifications, and other covenants contained herein will survive to the full extent necessary to protect the Party in whose favor they run. This Agreement may not be transferred or assigned without the express, written consent of Bibliotheca.