LibraryWorld, Inc. provides the LibraryWorld service to you subject to the following Terms of Service (TOS), which may be updated by us from time to time at LibraryWorld's sole discretion.|
DESCRIPTION OF SERVICE
LibraryWorld 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.
YOUR REGISTRATION OBLIGATIONS
In consideration of the use of Service, you agree to:
- Provide true accurate, current and complete information about yourself as prompted by the Service's registration form.
- Maintain and update any information that becomes inaccurate or outdated. If you provide inaccurate or untrue information, or if LibraryWorld has reasonable grounds to suspect that such information is untrue, LibraryWorld has the right to suspend or terminate your account and refuse any and all future use of the Service.
LibraryWorld 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.
You understand that all information posted to LibraryWorld are the sole responsibility of the person from which such content originated. This means that you, not LibraryWorld, are entirely responsible for all information you upload, post or otherwise transmit via the Service. LibraryWorld 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:
- Upload, post or otherwise transmit information that is unlawful, harmful, threatening, abusive, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy;
- Harm minors in any way;
- Impersonate any person entity, including but not limited to, a LibraryWorld employee, or other LibraryWorld user.
- Upload, post or transmit information that you do not have a right to transmit under any law or under contractual or fiduciary relationships.
- 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;
- Intentionally or unintentionally violate any applicable local, state, national or international law.
CONTENT SUBMITTED TO LibraryWorld
LibraryWorld does not claim ownership of the information you place in your LibraryWorld Web Library sites. By submitting information to LibraryWorld for inclusion in your Web Library, you grant LibraryWorld the worldwide, royalty free and non-exclusive license to reproduce, modify, adapt and publish the information solely for the purpose of providing the features and functions of the service in a safe and reliable manner. This license exist only for as long as you continue to be a LibraryWorld user and shall be terminated at the time your LibraryWorld 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.
You agree to indemnify and hold LibraryWorld, 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.
POLICY REGARDING USE AND STORAGE
You acknowledge that LibraryWorld may establish general practices and limits concerning the use of the Service. Currently each LibraryWorld Web site is limited to size based on the level of Service purchased, Membership, Standard, Premium or Custom.
MODIFICATION OF SERVICE
LibraryWorld reserves the right at any time to modify or discontinue, temporarily or permanently, the Service with or without notice. You agree that LibraryWorld shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that LibraryWorld, 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 LibraryWorld believes that you have violated or acted inconsistently with the letter or spirit of the TOS. LibraryWorld 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.
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 LibraryWorld, 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.
DISCLAIMER OF WARRANTIES
YOU EXPRESSELY UNDERSTAND AND AGREE THAT:
LIMITATION OF LIABITITY
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS. LIBRARYWORLD 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.
- LIBRARYWORLD 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.
- 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.
- NO ADVICE OR INFORMAITON, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LIBRARYWORLD OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LIBRARYWORLD 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 LIBRARYWORLD 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.
The TOS constitutes the entire agreement between you and LIBRARYWORLD and governs your use of the Service, superceding any prior agreements between you and LIBRARYWORLD. The TOS and the relationship between you and LIBRARYWORLD shall be governed by the laws of the State of California. You and LIBRARYWORLD agree to submit to the personal and exclusive jurisdiction of the courts located with the county of Santa Clara, California.