Terms and Conditions of Use
These Terms and Conditions of Use (these "Terms") are a legal contract between The Free Library of Philadelphia (together with the City of Philadelphia, of which it is a branch, the "Library"), and you, the user accessing or using the Library website accessible through the URL http://www.freelibrary.org (the "Site").
These Terms describe your rights and responsibilities in conjunction with your usage of the site, including all information, images and services available thereon. Please read it carefully before accessing or using the site. By opening any pages of the site, you signify your acceptance of and agreement to these Terms, just as if you had signed them. You also consent to the collection and use of information as set forth in greater detail in our privacy statement. If you do not agree to these Terms, please do not use this site. Viewing or otherwise using this site or registering for any service available on this site signifies your consent to be bound by these Terms.
1. Scope of Terms
You may not use the website to: (I) perform any activity which is or may be, directly or indirectly, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable; (II) perform any activity which will or may breach a third party right; (III) engage in commercial activities, including but not limited to offering for sale any products or services, soliciting for advertisers or sponsors or selling, licensing or granting public access to any information offered on the site. Without limiting the generality of the foregoing, users with "robots," "spiders," or other automated programs may visit the site, but are specifically prohibited from resending or redirecting information without the prior written permission of the Library.
2. Third Party Internet Websites and Content
The Library provides access to the Internet for all Library users, as a convenience only, whether they visit online or at a neighborhood branch location. While the Library does select, review and catalog certain Third Party Sites (as defined below) by subject matter for inclusion both without and in links within our online catalog, you acknowledge and understand that the Library does not screen or filter access to the World Wide Web through the site, nor does the Library supervise or monitor the links on the site to third party computer systems and websites (collectively, the "Third Party Sites"). While much of the information accessed can be valuable and enlightening, you may also find Third Party sites that are unreliable, outdated, personally offensive, or illegal under United States or other law. You recognize that the Library cannot and does not attempt to police a global computer network and you, as an individual user, must take full responsibility for your own activities on the Internet and for the activities of any children under the age of 18 who are under your care or supervision. The Library makes no representations and provides no warranties whatsoever concerning Third Party sites, and the fact that the Library has provided a link to any Third Party site on the website does not constitute an endorsement, authorization, sponsorship, or affiliation by the Library with respect to such Third Party site or its owners or providers or any products or services mentioned or offered at the Third Party site. The Library expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by, advertised on, or sold through, all Third Party sites.
The Library grants you the privilege of accessing and viewing the text, graphics, audio, design, charts, and other content (the "Library Content") on the site solely for your personal, non-commercial use. The Library may revoke such privilege at any time with or without notice for any reason or no reason. Any and all Library content, software, and other works on the site and any reproductions of any of the foregoing (collectively, "Works") are the copyrighted works of the Library and/or its licensors or suppliers, and are protected under U.S. and worldwide copyright laws and treaty provisions. Other than the limited grant of access to and viewing of the Library content set forth above, the Library grants you no other privileges or rights in any of the works. You acknowledge that any other use of the works, including without limitation, reproduction, modification, distribution, transmission, republication, display, performance, translation, reverse engineering, decompilation or disassembling, creation of derivative works, exporting, selling, licensing, renting, leasing, transferring, or otherwise transferring rights to the works, or removing any proprietary notices or labels on the works, without the prior written permission of the Library, is strictly prohibited. Granting or withholding of permission is determined by the Library on a case-by-case basis, and a usage fee may be required depending on the type of proposed use.
The Library logo and all other service marks and trademarks of the Library and all page headers, custom graphics, logos, and button icons are service marks, trademarks and/or trade dress (collectively, the "Marks") of the Library. You agree not to display, use or reproduce any of the Marks in any manner without prior written consent from the Library. Without limiting the generality of the foregoing, the Library specifically prohibits the use of any Mark as a "hot" link to the Site unless the establishment of such a link is approved in advance by the Library in writing. Failure to obtain such approval shall entitle the Library to seek an injunction enjoining such use. All other trademarks, service marks, product names, and company names or logos displayed or cited on the site are the property of their respective owners.
The Library respects the privacy of its users and has created a Privacy Statement that explains users’ rights and responsibilities with respect to personal information disclosed on this site. Read our Privacy Statement.
6. Disclaimer of Warranties
Your use of the site is solely at your own risk. The Library hereby disclaims any and all representations and warranties, whether express or implied, regarding content, the site, and the products and services provided by the site including any warranties of availability, non-interception, freedom from viruses, accuracy, reliability, correctness, timeliness, completeness, non-infringement, merchantability, or fitness for a particular purpose. You acknowledge and agree that any and all disclaimers in these Terms and the provisions of this section 6 reflect a fair and reasonable allocation of risk between the Library and you.
7. Limitation of Liability
Under no circumstances shall the Library, its officers, directors, agents, or employees be liable to you for any damages, claims, demands, or causes of action, whether in tort, contract or otherwise, whether direct or indirect, special, incidental, consequential, or punitive, as a result of your use of the site or the content, products, or services provided thereon. If the foregoing limitation is unenforceable, you agree that the Library’s liability to you, whether in tort, contract or otherwise, shall not exceed $1,000.00.
You agree to indemnify and hold harmless the Library and its directors, officers, employees, and agents from and against any and all claims, actions, and proceedings and any and all costs, fees (including attorneys fees), expenses, settlements, and judgments that result from your breach of these Terms or your access and use of the site.
Any ideas or suggestions received from you about how to improve the website or the products or services of the Library shall be deemed a grant of permission by you for the Library to adopt and use such ideas or suggestions without additional consideration. Any information provided by you to the Library by email or otherwise shall be deemed to have been provided by you and received by the Library on a non-confidential basis. With respect to all content you elect to post on the site and any communication you direct to the Library, you automatically grant the Library a royalty-free, perpetual, irrevocable, worldwide, nonexclusive right, and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content and/or communication (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, and to sublicense such rights to third parties, subject to the provisions of our Privacy Statement.
The Library makes no representation or claim that any information on the site is appropriate or may be downloaded outside the United States of America. Access to the site and to any information thereon may not be legal by certain persons or in certain countries. If you access the site from outside the United States of America, you do so at your own risk of liability under the laws of the United States of America or of your jurisdiction.
These Terms, together with our Privacy Statement constitute the entire agreement between you and the Library and supersedes any and all other agreements, representations and understandings, whether written or oral. These Terms may not be modified or amended by you without the prior written consent of the Library. The Library may modify or amend these Terms, as well as the Privacy Statement, at any time without notice to you. You should regularly review these Terms for any modifications or amendments to these Terms as your continued use of the site after a modification or amendment signifies your assent and agreement to these Terms, as amended. If any clause or provision set forth in these Terms is determined to be illegal, invalid, or unenforceable under present or future law, then, you understand and agree that the clause or provision so determined to be illegal, invalid, or unenforceable shall be severable without affecting the enforceability of all remaining clauses or provisions. These Terms and your use of the site and any products and services provided by the site shall be governed by the laws of the United States of America and the Commonwealth of Pennsylvania, without regard to its conflicts of laws principles. The parties agree that the state courts located in or serving Philadelphia County, Pennsylvania shall have exclusive jurisdiction over any and all claims, disputes, or other controversies relating to or arising from these Terms or your use of the site or any products and services provided by the site. The parties hereby expressly consent to the exercise of jurisdiction over them by such courts. To the fullest extent permitted by applicable law, each party to these Terms waives its, his or her right to a jury trial with respect to any action brought under or in connection with these Terms. The headings used in these Terms are for convenience only and such headings are not to be used in determining the meaning or interpretation of these Terms.