Library Insider

Subscriber Agreement

THIS SUBSCRIBER AGREEMENT (THIS “AGREEMENT”) IS BETWEEN YOU AND BOOKS & SUCH, INC. (THE “COMPANY” OR “WE”). BY CLICKING THE “ACCEPT” BUTTON, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW, UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, THE COMPANY IS UNWILLING TO LICENSE USE OF THE LIBRARY INSIDER DATABASE TO YOU, AND YOU MUST CLICK THE “DO NOT ACCEPT” BUTTON BELOW. THE “EFFECTIVE DATE” OF THIS AGREEMENT IS THE DATE UPON WHICH YOU CLICK THE “ACCEPT” BUTTON BELOW.

Binding Agreement

You hereby represent to the Company that you are at least 18 years old and are competent and fully able to enter into a binding agreement with the Company.  If this is not the case, please do not accept this Agreement, and contact the Company regarding cancellation of the subscription.

Grant of License

Upon payment for the subscription, the Company grants you a nonexclusive, nontransferable license (the “License”) to access, view, download, and print a copy of the Library Insider database (the “Database”) or that portion of the Database to which you have subscribed.

License Restrictions

You acknowledge and agree that you will not allow others to access, view, download, print, or copy all or any portion of the Database, and you will not distribute all or any portion of the Database to others.   This prohibition includes without limitation a prohibition on an author’s sharing the Database with a publisher or other authors, as well as a prohibition on a publisher’s sharing the Database with an author or other publishers.

Corporations and other entities that are subscribers may allow their bona fide employees on the entity’s payroll to use the Database so long as the employee remains in such employment and uses the Database solely on behalf of such entity.

Affiliates and subsidiaries of a company must obtain their own license.

If you have subscribed to a limited portion of the Database, such as a specific geographic region, you will not access or attempt to access other portions of the Database, either directly or through other subscribers.

You agree not to (a) sell, assign, sublicense, rent, lease, loan, or otherwise transfer all or any portion of the Database; (b) remove or alter any trademark, logo, copyright or other proprietary notices associated with the Database; or (c) cause or permit any other party to do any of the foregoing.

You acknowledge that the Database contains proprietary information and you agree to protect that information as confidential and trade secret material.  This duty includes among other things your obligation not to leave Database materials lying around where others may find them.

You may not disclose your password to others, except that employees using the Database under their employer’s license may disclose their password to their employer and IT system administrator.

You will not use the information contained in the Database for any illegal or unethical purpose or to harass, stalk, intimidate, or send spam to any person or entity whose contact information is set forth therein.

Refund Policy

The license payment is due in advance of each license term.  There is no right to a refund.  If you are having trouble using the database, please feel free to contact us for database search tips. In the event your account is overcharged due to an entry error, we will refund your account within 24 hours of being notified of the discrepancy.  In the event our system is out of service for more than 24 hours, you may contact us to extend the term of your license by the number of days that the outage lasted.

Ownership

You acknowledge that the Company owns all rights in the Database (except the rights expressly granted to you under the license) and in all patents, copyrights, trademarks, and any other form of intellectual property rights in or related to the Database.  There are no implied licenses in this Agreement, and the Company reserves all rights not expressly granted under this Agreement.

DISCLAIMER OF WARRANTY

INFORMATION CONTAINED IN THE DATABASE IS SCHEDULED TO BE UPDATED QUARTERLY, BUT THE COMPANY IS NOT RESPONSIBLE FOR DELAYS IN UPDATES OR ERRORS IN THE DATABASE. IF ERRORS ARE DISCOVERED, KINDLY BRING THEM TO THE ATTENTION OF THE COMPANY.

THE DATABASE IS PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL HAVE NO LIABILITY TO YOU, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY MANNER RELATED TO THE DATABASE, INCLUDING WITHOUT LIMITATION  ANY LIABILITY FOR ANY LOSS OR INJURY CAUSED, IN WHOLE OR IN PART, BY OUR ACTIONS, OMISSIONS, OR NEGLIGENCE, OR FOR CONTINGENCIES BEYOND OUR CONTROL.  IN ANY EVENT, THE LIABILITY OF THE COMPANY, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF EVERY KIND SHALL NOT EXCEED THE AMOUNT YOU PAID TO THE COMPANY TO LICENSE THE DATABASE.

EXCLUSION OF DAMAGES

IN NO EVENT SHALL THE COMPANY, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES, BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES IN ANY MANNER RELATED TO THE DATABASE OR OTHER GOODS AND SERVICES PROVIDED TO YOU BY THE COMPANY.

Termination

This Agreement will commence on the Effective Date and remain in effect unless and until terminated in accordance with this Termination paragraph.  In the event of your failure to pay the subscription fee or your breach of this Agreement, the Company may terminate this Agreement immediately by giving notice to you electronically or by mail or fax.  Upon termination of this Agreement and/or the License, your rights under the License will immediately cease.  All sections of this Agreement except the “Grant of License” Section will survive any termination of this Agreement.

Amendments

The terms of this Agreement may be amended from time to time by the Company, and you will be bound by the amended terms if you click to accept the amended Agreement in order to access new features or when you click to accept the amended Agreement upon renewal of your subscription.

Terms of Use and Privacy Policy

You also agree to the Terms of Use and Privacy Policy governing our website.

Miscellaneous

This Agreement is the entire agreement of the parties regarding the subject matter hereof, superseding all other agreements between them, whether oral or written, regarding the subject matter hereof. This Agreement will be governed by and interpreted pursuant to the laws of the State of California (without applying California’s conflict-of-law principles).  If any provision of this Agreement is held to be unlawful, void or unenforceable, such portion will be deemed severable and will not affect the enforceability of the remaining portions.

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