Overview:

The following Terms of Use apply to all users (“you” or “your”) of the ColumbusLibrary.org website (the “Website”) operated by the Columbus Metropolitan Library (“CML”).  Welcome to the CML website and we hope you find this website to be valuable and enjoyable.  CML operates several websites and utilizes a collection of online services, including, without limitation, various communication tools, social networking features, third party services, and other features, content, and applications accessed via the Internet, mobile, or other device.  This collectively is the Website.  These Terms of Use apply to registered and non-registered users.  By using the Website or by registering as a user, you agree to be bound by these rules and regulations.  The Terms of Use, Privacy Statement, and other policies may be modified by CML at any time and posted on the Website so please check for changes periodically.  In the event of a violation of these Terms of Use, CML reserves the right to seek all remedies available by law and in equity.

Use Of The Website:

The services accessible online and via the Website are free and considered CML services. Website services may require a CML library card and may be restricted by limits of the library card.  As a condition of your use of this Website, you warrant that (i) all information supplied by you on this Website is true, accurate, current and complete, and will update registration data to keep it current and accurate, (ii) if you established a ColumbusLibrary.org user account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you, (iii) you accept the Privacy Statement for this Website, (iv) you will read and accept the terms and privacy notices of third party services used in this Website, and (v) you accept that your use of the Website will be in accordance within the CML Code of Conduct. CML retains the right at our sole discretion to deny access to anyone to this Website, at any time and for any reason, including, but not limited to, for violation of this Agreement.

Limited License to Use Materials:

In connection with the creation, hosting, maintenance and/or display of the Website, CML uses certain CML proprietary materials or other materials licensed to CML, including, but not limited to, software, HTML code, scripts, text, artwork, photographs, images, video, audio (both music and lyrics), trademarks, service marks and trade names (collectively, "Materials") that are protected by copyright and trademark laws and other U.S. and international laws and treaties.  CML provides all Materials as a service to Website visitors and users and such Materials may be used solely for your informational purposes.  No right, title or interest in the Materials is conveyed to you, and you must retain all copyright and other proprietary notices contained on the Materials.  Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is strictly prohibited.  CML may revoke this limited license at any time for any or no reason.  All rights not expressly granted are reserved by CML.

Prohibited Use of Website:

You shall not use, post, transmit, redistribute, upload, or promote any materials on the Website that (a) violate or infringe in any way upon the rights of others, including without limitation copyrights, trademarks and other proprietary rights of another (including without limitation, stolen, counterfeited, fraudulent or otherwise illegal items and/or services); (b) access, monitor, data scrape, copy, transfer any part of the Website services or Registration Data or data of any user (whether individually or in aggregate) by manual or by automated means; (c) contain corrupted files, viruses, or any other similar software files, the intent of which is to interfere or attempt to interfere with the proper working of authorized uses of the Website services or damage the operation of another’s computer; (d) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; (e) contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; (f) impersonate any person, business or entity; (g) encourage conduct that would constitute a criminal offense; (h) give rise to civil liability; (i) otherwise violate any law; or (j) undertake any conduct that, in the judgment of CML, restricts, impairs, interferes or inhibits any other user from using or enjoying the Website and/or our related services.

Copyright Policy:

If you are a copyright owner or an agent thereof and believe that any User Submission, Materials or other content infringes upon your copyrights, you may notify us by providing the following information in writing: 

(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 

(2) Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published; 

(3) Identification of the material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit us to locate the material;

(4) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an email address; 

(5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 

(6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our agent for notice of claims of copyright infringement on this site can be reached as follows: Jay Kegley, Columbus Metropolitan Library, 96 S. Grant Avenue, Columbus, Ohio 43215; fax: 614-849-1354. You acknowledge that if you fail to comply with all of the requirements above, your notice may not be valid.

Disclaimers:

We work hard to make your experience enjoyable.  However, we cannot always anticipate technical or other operational difficulties which may result in loss of data, personalization settings, or other service interruptions.  CML does not promise that the Website or any materials, content, services, products or features of the Website will be error-free, or that any defects will be corrected, or that features of the Website will not be discontinued, or that the services will meet your requirements, or that use of the website will provide specific results.  The Website, the Materials, and related services are provided to visitors and users “AS IS” and “AS AVAILABLE” and without warranty of any kind, whether express or implied, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. Some jurisdictions do not allow the disclaimer of implied warranties.  In such jurisdictions, the foregoing disclaimer may not apply to you.  YOU HEREBY AGREE THAT USE OF THE WEBSITE AND RELATED SERVICES IS AT YOUR OWN RISK.

You understand that when using the Website, you will be exposed to content, data, and online services from a variety of sources, and that CML is not responsible for and disclaim all liability relating to the accuracy, usefulness, appropriateness, safety, or intellectual property rights of or relating to such services. You further understand and acknowledge that you may be exposed to Materials that are inaccurate, offensive, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against CML. You are responsible for providing all personal computer and communications equipment with browser and technical settings necessary to gain access to the Website service.

Limitation of Liability:

IN NO EVENT WILL CML BE LIABLE TO YOU OR ANY THIRD PERSON OR ENTITY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE, THE MATERIALS, OR OTHER RELATED SERVICES OR PRODUCTS, OR FOR ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE, AND INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION, MATERIALS OR CONTENT UPLOADED, AVAILABLE FOR VIEWING, AND/OR DOWNLOADED, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORIES OF LIABILITY, EVEN IF CML HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.   In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you. 

Privacy Notice:  

CML’s disclosure and use of personal information you provide when using the Website or related services are described in our Privacy Statement. You accept that Privacy Statement when you accept these terms.  In order to ensure that CML is able to provide high-quality services that are responsive to Users’ needs, you agree that CML representatives will have access to your account and records as reasonably needed to investigate concerns and complaints.  

Consent to Electronic Delivery of Notices:  

By agreeing to these Terms of Use, you consent to receive all communications, including notices, agreements, legally-required disclosures or other information in connection with these Terms of Use or your use of the Website and related services (collectively, "Notices") electronically from CML. You agree that CML may send you electronic Notices by (a) e-mail to an e-mail address you provide to CML for Notices, and/or (b) by posting the Notices on a main page of the Website or other webpage designated by CML for this purpose. You must check your designated e-mail address regularly for Notices from CML. All registrations, agreements, and terms will be completed electronically and will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing. The delivery of any Notice from CML is effective when sent by CML, regardless of whether you read the communication when you receive it. You may withdraw your consent to receive notices electronically by taking option to unsubscribe from notices or discontinuing your use of the Website.

Jurisdiction:

These Terms of Use shall be governed by the laws of the State of Ohio, without giving effect to its conflict of laws provisions.  You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts located in Columbus, Ohio, for any action, suit or proceeding arising out of or relating to these Terms of Use or your use of the Website.

Linking:

CML may offer links to websites operated by third parties located in the United States or located internationally. CML does not control and is not responsible or liable for the content, advertising, products, or other materials on or available from such third party sites.  Your access to such sites is at your own risk and CML disclaims all liability arising out of or in any way connected to your access of such third party sites.  None of such links should be deemed to imply that CML endorses the third party sites or any content on such sites. 

International Users:

The Website is controlled and offered by CML from its facilities in the United States. CML makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnity:

You agree to defend, indemnify and hold harmless CML, and the respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (a) your use of and access to the Website; (b) your violation of any term of these Terms of Use; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.

Assignment:

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CML without restriction.

Changes to Website and Termination of Accounts:  

CML reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website, services and features available on the Website (or any part thereof) with or without notice.  You agree that CML shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website and/or services and features of the Website (or any part thereof). 

You may cancel your registration and delete your account through commands located on the Website.   If you cancel your registration remember that even after you cancel your account, copies of some information of your account may remain viewable in some third party applications or websites, and that CML may also retain backup information related to your account on our servers for some time after cancellation.  Because of caching technology, your account may not be accessible, or there may be a delay in the removal of the content from elsewhere on the Internet.  CML may in its sole discretion terminate your account and your participation on the Website at any time for violation of these Terms of Use.  You acknowledge and agree that upon cancellation or termination CML is under no obligation and may immediately delete your profile and other information and bar current or future use of the Website.  CML’s proprietary rights, indemnities, releases, disclaimer of warranties, limitations of liability and jurisdiction provisions shall survive any termination of your account.

Changes to Terms of Use:

CML reserves the right, from time to time, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" located at the bottom of the pages of the Website. The most current version of the Terms of Use will supersede all previous versions. We will provide at least thirty (30) days’ notice before any material changes take effect.  If you disagree with such changes simply discontinue your use of the Website and/or applicable services before the changes take effect. Your use of the Website and/or continued use of our service after changes are made signify your agreement to such changes.

If you have questions about Terms of Use, please Contact Us.

Terms of Use Version 1.0—effective 02/14/2012