Terms of Use/Privacy

1. DEFINITIONS
   1. “Web Site” means collectively the geekthelibrary.org Web site and the get.geekthelibrary.org Web site as made available to You by OCLC Online Computer Library Center, Inc.
   2. “Features” means the Content, surveys, information, tools, services and functionality made available to You through the Web Site or third-party services accessible through the Web Site or otherwise being utilized by the Geek the Library library awareness campaign.
   3. “You” or “Your” refers to: (i) an individual accessing and using Features on his or her own behalf; or (ii) an individual or entity on whose behalf Features are being accessed and used by his/her/its authorized representative.
   4. “Purpose” means the non-commercial purpose of developing awareness regarding: (i) the services and resources offered by libraries; (ii) the value of libraries to their communities; (iii) the role libraries play in enhancing the lives of their patrons; (iv) the need for members of the community to support libraries; and (v) the actions which members of the community can take to support libraries.
   5. “Commercial Use” means: (i) sale or resale of Features; (ii) use of Features as part of or to facilitate a service for which You receive a fee; or (iii) use of Features in furtherance of a commercial business model.
   6. “Content” means text, images and/or other content You (by linking or otherwise): (i) include in Your user profile (if any); (ii) contribute, post or otherwise submit to the Web Site; or (iii) contribute, post or otherwise submit to a third-party service accessible through the Web Site or otherwise being utilized by the Geek the Library library awareness campaign.
2. AGREEMENT TO THESE TERMS AND REGISTRATION.
   1. Your use of Features signifies Your agreement to be bound by these Terms. Accordingly, You should read these Terms carefully prior to using Features. The Terms are available via a link appearing on the Web Site and may also be made available for Your review as OCLC otherwise thinks appropriate. OCLC may change these Terms at any time in its sole discretion. OCLC will issue notice of changes by e-mail, a change notice posted on the Web Site or any other means reasonably calculated to provide notice. If any change is unacceptable, Your only recourse is to cease using Features. Your continued use of Features following OCLC’s issuance of notification of a change to these Terms or posting of a new version of these Terms on the Web Site will constitute Your binding acceptance of the change or such new agreement (whichever applies).
   2. To use Features, You may be asked to register and create an account. As part of this registration process, You may be asked to submit certain personal information (including Your full name, city, state and e-mail address). OCLC can refuse to accept a registration or may cancel an account, in its discretion, at any time.
   3. The Web Site and Features are not directed to children under the age of thirteen and OCLC will not knowingly collect or accept personally identifiable information from a child under the age of thirteen. If OCLC receives personal information that is suspected of being submitted by someone younger than 13 years of age, OCLC will delete this information from its records in accordance with the Children's Online Privacy Protection Act (15 U.S. Code, 6501 et seq.). If you are a parent who learns that OCLC has collected your child’s information, please notify us so that we may delete your child’s information.
3. USE OF FEATURES
   1. OCLC grants You a nonexclusive, nontransferable license to use Features solely for the Purpose. OCLC may revoke this license at any time in its sole discretion. The following activities are prohibited and You agree not to engage in (or permit) such activities:
      1. (i) use of Features for Commercial Use, in any manner not expressly authorized by these Terms or in any unlawful manner; and
      2. (ii) use of bots, spiders, or other automated information gathering devices or programming routines to "mine" or harvest material amounts of Content or other information available through the Web Site;
   2. Content. If Features afford You the opportunity to establish a user profile or otherwise contribute, post or submit Content, the following requirements apply to the Content: (i) You are responsible for complying with the requirements of all applicable copyright laws and other laws applicable to Content, as well as all liability and damages arising from Your failure to do so; (ii) You may not use, contribute or submit Content that is illegal, inaccurate, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam"; and (iii) You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of Content. OCLC reserves the right (but does not have the obligation) to refuse to post or to remove and delete, without liability, Content determined by OCLC in its sole discretion to violate the above requirements or any other OCLC policy, but OCLC does not regularly review Content. OCLC takes no responsibility and assumes no liability for or in connection with any Content. You hereby grant to OCLC (including its subsidiaries and affiliates) a perpetual, irrevocable, nonexclusive, transferable, assignable, worldwide, fully paid up, royalty-free, license to: (i) make, use, copy, reproduce, modify and exploit Content; (ii) create, use, copy, reproduce, modify and exploit derivative works of Content; (iii) publicly perform or display, import, broadcast, transmit, disclose, distribute (directly or through a third-party), license, offer to sell, and sell, rent, lease or lend Content (and any derivative works thereof); and (iv) sublicense or assign to third parties any or all of the foregoing rights, including the right to sublicense or assign to further third parties. You also perpetually, irrevocably and free of charge grant other users of Features all rights in and to Content (and derivative works thereof) necessary for use in accordance with these Terms and any additional terms and conditions described in Section 3.D below. You represent and warrant to OCLC (and its subsidiaries and affiliates) that You have all rights in Content necessary to grant the foregoing rights and that use of Content in accordance therewith will not infringe upon or otherwise violate the rights of any party. You will immediately notify OCLC of any circumstances which may indicate a breach of the foregoing representations and warranties. Subject to the foregoing license grants and except as required by any additional terms and conditions described in Section 3.D below, You and/or Your suppliers retain ownership of all rights, title and interest in and to Content.
   3. You acknowledge and agree that OCLC may keep copies of all of Your Content and may disclose Your Content and other data in its possession if required to do so by law or it has a good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce these Terms, respond to claims that any Content violates the rights of third parties, or protect the rights, property, or safety of OCLC, its users and the public.
   4. Other Services. Certain Features made available to You through the Web Site may be subject to additional terms and conditions which will be made available to You at the time such Features are available for Your use. You acknowledge that the Web Site may provide You with links to web sites or sources of content which are not under the control of and are not maintained by OCLC. OCLC is not responsible for and does not endorse or guarantee the content or services available to You through those links. Accordingly, You agree to pursue any claims You may have as a result of Your use of or reliance on such services or content solely against the relevant supplier.
   5. OCLC may, without liability, determine, add to, delete from or change at any time (i) Features; (ii) which Content, information, tools, services and functionality comprise Features, (iii) the technical and functional specifications, form and formats of Features; and (iv) Your rights with respect to Features. Your continued use of Features after any such determination, addition, deletion or changes signifies Your acceptance thereof. OCLC may discontinue the Web Site and/or Features, in whole or in part, at any time and for any reason without liability
   6. “OCLC”, “Geek the Library” and “Get Your Geek On” are trademarks/service marks of OCLC Online Computer Library Center, Inc. Third-party product, service and business names are trademarks/service marks of their respective owners. Except as otherwise expressly indicated by these Terms, OCLC and/or its suppliers own all rights, title and interest, including, without limitation, all intellectual property rights, in and to the Web Site and Features. Except as expressly provided for in these Terms, You acquire no rights in or to the Web Site or Features.
   7. Acquisition and maintenance of Internet and other telecommunications connections, services, equipment and facilities necessary for You to access Features are Your sole responsibility.
4. BREACH
   1. OCLC may, in its sole discretion, take measures to suspend Your access to the Web Site and Features immediately upon Your breach of these Terms or any other OCLC policy pending Your correction of such breach. Egregious or habitual breaches may result in permanent suspension of Your access to the Web Site and Features.
5. DISCLAIMERS AND LIMITATIONS OF LIABILITY
   1. You are responsible for all damages, liabilities, losses, costs and expenses (including attorneys’ fees) incurred by OCLC, its subsidiaries and affiliates and/or their respective suppliers (including those incurred in connection with third-party claims) as a result of your breach of these Terms.
   2. THE WEB SITE AND FEATURES ARE PROVIDED “AS IS” AND YOUR USE OF AND RELIANCE ON THE WEB SITE AND FEATURES IS SOLELY AT YOUR OWN RISK. OCLC DOES NOT REPRESENT OR WARRANT THE COMPLETENESS, PERFORMANCE, ACCURACY OR ANY OTHER ASPECT OF THE WEB SITE OR FEATURES.
   3. OCLC, ITS SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE SUPPLIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, CONCERNING THE WEB SITE AND FEATURES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NONINFRINGEMENT. IN NO EVENT SHALL OCLC, ITS SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE SUPPLIERS HAVE ANY LIABILITY WHATSOEVER FOR, AND YOU HEREBY EXPRESSLY RELEASE EACH FROM, DAMAGES OR LIABILITY OF ANY KIND ARISING FROM CLAIMS RELATED TO: (i) THE WEB SITE OR FEATURES (INCLUDING, WITHOUT LIMITATION, CLAIMS BASED ON INFRINGEMENT OF COPYRIGHT, PATENT, TRADE SECRET OR OTHER RIGHT, LIBEL, SLANDER OR INVASION OF PRIVACY OR ERRORS, INACCURACIES OR OMISSIONS IN THE WEB SITE OR FEATURES); OR (ii) ANY ACT UNDERTAKEN OR OMISSION MADE IN CONNECTION WITH THIS AGREEMENT, IN EACH CASE, REGARDLESS OF WHETHER OR NOT THE RELEASED PARTY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. If you are a California resident, You waive your rights under California Civil Code § 1542, which states, "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." Residents of other states and nations similarly waive their rights under analogous laws, statutes, or regulations. Some states do not permit the exclusion of warranties, so the above warranty exclusions may not apply to You.
   4. Neither party shall have any liability or obligation to the other for indirect, incidental, consequential or exemplary damages (including, without limitation, lost profits, loss of business, or loss of or damage to data) whether based on contract, tort or any other legal theory and regardless of whether a party foresaw such damages.
6. MISCELLANEOUS
   1. These Terms constitute the complete, final and exclusive statement of the parties' agreement with respect to the subject matter hereof and are not intended to confer upon any person other than the parties hereto any rights or remedies. No purchase orders or other forms You submit shall apply to modify or supplement these Terms. These Terms may be modified only by means of a written document executed by each of the parties.
   2. These Terms shall be governed by and construed in accordance with the laws of the State of Ohio and the United States of America, without regard to their respective conflict of laws principles. The United Nations Convention on Contracts for the International Sales of Goods shall not apply.
   3. C. You may not assign or otherwise transfer your rights or obligations under this Agreement. OCLC may assign its rights and/or delegate its obligations under this Agreement by posting notice of such assignment and/or transfer on the Web Site.
   4. OCLC and/or its suppliers shall not be liable for any failure or delay in performance hereunder due to any cause beyond its reasonable control including, but not limited to, acts of God or public enemy, fire, explosion, accident, strikes, governmental actions, delay or failure of suppliers, or delay or failure of the OCLC systems or other difficulties with telecommunications networks.
   5. Features may not be accessed or used by entities or individuals who are or become subject to United States trade restrictions. Features may be used only in full compliance with U.S. export regulations. You shall be the exporter and importer of record in connection with Features as delivered by OCLC to You outside the United States, and shall pay and/or comply with all applicable export and import laws, customs, regulations tariffs, duties and fees, and procurement, data and technology transfer laws. OCLC's obligations hereunder are contingent upon necessary export licenses being obtained from federal agencies of the United States.
   6. Notices required to be given pursuant to these Terms may be provided: (i) to You, to an e-mail address or mailing address that OCLC reasonably associates with You; and (ii) to OCLC, to the following OCLC mailing address: OCLC Online Computer Library Center, Inc, 6565 Kilgour Place, Dublin, Ohio, USA 43017-3395, Attention: Legal Department.
   7. Any waiver of any provision of these Terms must be in writing and signed by the party against whom the waiver is to be enforced.
   8. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.
   9. OCLC's collection and use of any personal information submitted via the Web Site or Features (if any) is governed by OCLC's Privacy Policy, which can be accessed at http://www.oclc.org/us/en/policies/privacy/default.htm.

You hereby consent to use of Your personal information by OCLC and its subsidiaries and affiliates in ways that are consistent with OCLC’s Privacy Policy. In addition to the uses stated in OCLC’s Privacy Policy, You also consent to OCLC’s transfer of your personal information to: (i) OCLC’s subsidiaries and affiliates to the extent they are participating in the awareness campaign being conducted through the Web Site for its/their use in furtherance of the Purpose; and (ii) libraries to the extent they are participating in the awareness campaign being conducted through the Web Site and/or independent awareness campaigns for their use in furtherance of the Purpose.

20100809