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Page 2 of 6 TERMS OF USE
ACCEPTANCE OF TERMS OF USE AND AMMENDMENTS These are the terms and conditions for the use of the Friends of the Macombs Bridge Branch Library ("FOMBBL") web site (the "Site"). When we say the FOMBBL web site, we mean this website, regardless of how you access it. Each time a Visitor uses or causes access to the FOMBBL web site, the Visitor agrees to be bound by this Terms of Use, and as amended from time to time with or without notice to the Visitor. Please ensure that you, the Visitor review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use the web site after the variation has been posted.
Please see our Privacy Policy, Copyright Information and Disclaimer which are incorporated into this Terms of Use by reference.
THE FOMBBL WEB SITE FOMBBL is a free service for the community and does not require registration. The Site is provided and maintained as a public service on an "AS IS" basis for the information, education, communication and enjoyment of the community by the Friends of the Macombs Bridge Branch Library. Visitors agree that the FOMBBL web site exclusively reserves the right and may, at any time and without notice and at any liability to the Visitor, modify or discontinue this web site and its services or delete the data the Visitor provides, whether temporarily or permanently. FOMBBL will have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.
PRIVACY POLICY Any personally identifiable information that FOMBBL may collect is subject to the terms of the Privacy Policy.
THE CONDUCT OF VISITORS
- Visitors agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("Content"), publicly or privately provided, shall be the sole responsibility of the person providing the Content.
- Visitors agree that our web site may expose them to Content that may be objectionable or offensive. We shall not be responsible to Visitors in any way for the Content that appears on this web site nor for any error or omission.
- Visitors explicitly agree, in using this web site or any service provided, that they shall not:
- Provide any content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortuous, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic and that is designed to or does interfere or interrupt this web site or any service provided, infects the Site with a virus or other destructive or deleterious programming routine, gives rise to civil or criminal liability, or which may violate an applicable local, national or international law;
- Impersonate or misrepresent the Visitor's association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any content provided by the Visitor;
- Collect or harvest any data about other Site Visitors;
- Provide or use this web site and any content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without FOMBBL's prior written consent;
- Provide any content that may give rise to FOMBBL's civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.
- Visitors explicitly agree that it is strictly prohibited to make unauthorized attempts to upload or change information on this service. This type of activity may be punishable under the Computer Fraud and Abuse Act of 1986 (Amended 1994, 1996 and 2001) and the National Information Infrastructure Protection Act of 1996.
SUBMISSION OF CONTENT ON THIS WEB SITE By providing any Content to the FOMBBL web site:
- The Visitor agrees to grant to FOMBBL a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, and technology known or later developed.
- The Visitor warrants and represents that the Visitor has all legal, moral, and other rights that may be necessary to grant FOMBBL with the license set forth in the Section named "Submission of Content on this Web Site" within this Terms Of Use.
- The Visitor acknowledges and agrees that FOMBBL will have the right (but not obligation), in FOMBBL's sole discretion, to refuse to publish or to remove or block access to any content the Visitor provides at any time and for any reason, with or without notice.
INDEMNIFICATION The Site Visitor agrees to indemnify and hold FOMBBL harmless, FOMBBL's officers, directors, employees, agents, independent contractors, partners, and co-branders from any claim or demand, including reasonable attorney's fees, that may be made by any third party, that is due to or arising out of a Site Visitor's conduct or connection with this web site or service, a Visitor's provision of content, a Visitor's violation of this Terms Of Use or any other violation of the rights of another person or party.
DISCLAIMER OF WARRANTIES The FOMBBL web site is provided to you "AS IS" and we expressly disclaim all warranties of any kind, implied or expressed, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement. Site Visitors understand and agree that their use of this web site and any services or content provided (the "service") is made available and provided to them at their own risk and is subject to the terms of the Disclaimer.
Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to the Visitor only as it relates to implied warranties.
LIMITATION OF LIABILITY Site visitors expressly understand and agree that we shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible loss (even if the FOMBBL has been advised of the possibility of such damages), resulting from or arising out of:
- The use of or the inability to use the service.
- The cost to obtain substitute goods and/or services resulting from any transaction entered into or through the service.
- Unauthorized access to or alteration of your data transmissions.
- Statements or conduct of any third party on the service. Any other matter relating to the service.
In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to Visitors of this site.
RESERVATION OF RIGHTS FOMMBL reserves all of its rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our web site, its content, and the goods and services that may be provided. The use of FOMBBL rights and property requires FOMBBL's prior written consent. FOMBBL is not providing the Visitor with any implied or expressed licenses or rights by making services available to the Site Visitor and the Site Visitor will have no rights to make any commercial uses of FOMBBL's web site or service without FOMBBL's prior written consent.
NOTIFICATION OF COPYRIGHT INFRINGEMENT As noted in the FOMBBL Disclaimer, if a Site Visitor believes that FOMBBL property has been used in any way that would be considered copyright infringement or a violation of a Visitor's intellectual property rights, please contact FOMBBL here.
COPYRIGHT & TRADEMARKS LICENSE Any of the trademarks, copyrights, service marks, collective marks, design rights, personality rights or similar rights that are mentioned, used or cited in the content of the FOMBBL web site are the property of their respective owners and subject to the terms of the Copyright License.
TRANSLATION TO OTHER LANGUAGES FOMBBL allows Visitors to make personal translations of information contained on the Site if it will facilitate the reading and understanding of the information by the Site Visitors.
APPLICABLE LAW Site Visitors agree that this Terms of Use and any dispute arising out of the Site Visitors' use of this web site or FOMBBL products or services shall be governed by and construed in accordance with local laws where the operators of this web site are located, without regard to its conflict of law provisions. By the Site Visitor using this web site and using the service, the Site Visitor consents and submits to the exclusive jurisdiction and venue of the city where the operators of this web site are located.
MISCELLANEOUS INFORMATION
- In the event that this Terms of Use conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Terms of Use will remain valid and intact;
- The failure of either party to assert any right under this Terms of Use shall not be considered a waiver of any of that party's right and that right will remain in full force and effect;
- The Site Visitor agrees that without regard to any statue or contrary law that any claim or cause arising out of this web site or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred;
- FOMBBL may assign our rights and obligations under this Terms of Use and we shall be relieved of any further obligation.
Background - Privacy Policy - Copyright - Disclaimer - Contact
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Last Updated ( Saturday, 16 September 2006 )
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