Welcome to the OverDrive School Download Library® Website and the OverDrive
School Download Library Service (collectively “Website”). This is a legal agreement
between you ("You" or "User" or “End User”) and OverDrive, Inc.("We, "Us" or "OverDrive")
that states the material terms and conditions that govern your use of this Website.
This agreement, together with all updates, supplements, additional terms, software
licenses, and all of OverDrive's rules and policies collectively constitute the
"Agreement" between you and OverDrive. By accessing this Website and using the services
you agree to be legally bound by this agreement. You also agree to comply with all
laws and regulations applicable to the use of this Website, the Internet, and to
the activities involved in using this Website.
You agree to use this Website only for lawful purposes. You agree to use this Website
only for its intended purposes. OverDrive reserves the right to prohibit any conduct
involving this Website that it deems to be inappropriate. You agree not to disrupt
this Website. You agree not to interfere with or compromise the security of this
Website, or any computer, server, account, network, data, software and/or hardware
associated with this Website. You agree not to disrupt or interfere with any other
visitor's use of this Website. You agree not to attempt to obtain access to any
portion of this Website, any computer, server, account, network, software and/or
hardware associated with the Website, from which you are restricted. You agree that
you are solely responsible for any action you undertake while visiting this Website
and that you will comply with all applicable local, state, national and international
laws and regulations applicable to this Website and the Internet, including United
States copyright and export regulations. You warrant that all information that you
provide to gain access to the services provided by this Website is accurate and
truthful.
OverDrive is the creator and provider of the School Download Library Service and
Website that permits users to select licensed and original digital materials ("Digital
Content") for download and playback on a computer or compatible hardware device
("Device"). You may not download Digital Content to any school media center or library Device or any other school-issued Device that allows for access by multiple users. Digital Content may be used on school-issued Devices that are issued to students under a one-to-one device program where each Device is assigned for the exclusive use by a single student.
When you "checkout" or otherwise "download" (referred to herein, collectively as
"Download") Digital Content from this Website, OverDrive grants you a limited, revocable,
non-exclusive, non-transferable license to download or stream such Digital Content
to your Device(s) solely for your personal non-commercial use. You shall not copy,
reproduce, distribute or use the Digital Content in any other manner. You shall
not sell, transfer, lease, modify, distribute or publicly perform the Digital Content
in any manner and you shall not exploit it commercially. Do not (A) decompile, disassemble,
or reverse engineer the Digital Content or attempt to do so; or (B) modify the Digital
Content or create any derivative works therefrom.
OverDrive grants you a limited, revocable, non-exclusive, non-transferable license
to access and make personal non-commercial use of this Website and not to download
(other than page caching) or modify all or any portion of this Website. This license
does not include any resale or commercial use of this Website or its contents; any
derivative use of this Website or its contents; any downloading or copying of account
information for the benefit of another merchant; or any use of data mining, robots,
or similar data gathering and extraction tools. This Website and/or any portion
of this Website may not be reproduced, duplicated, copied, sold, resold, visited
or otherwise exploited for any commercial purpose without our express written consent.
You shall not frame or utilize framing techniques to enclose any trademark, logo
or other proprietary information (including images, text, page layout or form) of
OverDrive, its content providers or its affiliates without express written consent.
You shall not use any Meta tags or any other "hidden text" utilizing our name or
trademarks without our express written consent. Any unauthorized use automatically
terminates the permissions and/or licenses granted by us to you.
Any Software or service that is made available to download from this Website is
the copyrighted work of OverDrive and/or its licensors. OverDrive does not transfer
title to the Software to you. As between you and OverDrive, OverDrive retains full
and complete right, title and interest in and to the Software and all intellectual
property rights therein. You may not redistribute, sell, decompile, reverse-engineer,
reproduce, redistribute or disassemble the Software
Except as expressly stated herein, no rights or licenses are granted hereunder.
DISCLAIMER OF WARRANTY, LIMITATION OF LIABILITY AND INDEMNITY
OVERDRIVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR
PURPOSE. OVERDRIVE NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR
OVERDRIVE ANY OTHER LIABILITY IN CONNECTION WITH THE LICENSING OF THE DIGITAL CONTENT
AND APPLICATION SERVICES AND YOUR USE OF THEM.
IN NO EVENT SHALL OVERDRIVE BE LIABLE FOR ANY DAMAGES ARISING FROM OR RELATED TO
FAILURE OR INTERRUPTION OF THE APPLICATION SERVICES, OR FOR INCIDENTAL, INDIRECT,
OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF OPPORTUNITY, LOSS OF USE, OR OTHER LOSS
ARISING OUT OF OR IN CONNECTION WITH THE LICENSE, TRANSFER, OR USE OF THE APPLICATION
SERVICES. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS OVERDRIVE AND ITS OFFICERS, EMPLOYEES,
AGENTS, BUSINESS PARTNERS, LICENSORS, AND LICENSEES FROM ANY DAMAGES, LIABILITIES,
COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) ON ACCOUNT OF ANY CLAIM,
SUIT, ACTION, DEMAND, OR PROCEEDING MADE OR BROUGHT AGAINST ANY SUCH PARTY, OR ON
ACCOUNT OF THE INVESTIGATION, DEFENSE, OR SETTLEMENT THEREOF, ARISING IN CONNECTION
WITH YOUR USE OF THIS WEBSITE.
OverDrive respects the privacy of its visitors, and is especially mindful of protecting
the privacy of young children visiting our sites.
OverDrive's School Download Library Privacy Policy is expressly incorporated
herein by reference and made a part of this Agreement.
All information, content and material ("Content") comprising or made available by
OverDrive through this Website (including, without limitation, any computer source
or object code comprising this Website) is owned by or licensed to OverDrive. OverDrive
and its licensors retain all rights in this Content.
All Content, including, but not limited to, the Website design, text, drawings,
photographs, graphics, sound recordings, and video recordings are protected by copyrights
owned by OverDrive and its licensors. The Content and any and all such copyrighted
material may not be modified, copied, distributed, displayed, e-mailed, transmitted,
sold or otherwise transferred, conveyed or used, in a manner inconsistent with services
provided on the Website for Content owned or licensed by OverDrive or without the
prior written consent of the copyright owner.
OverDrive is a distributor of content supplied by third parties. Accordingly, any
opinions, advice, statements, offers, services, or other information or content
expressed by third parties are those of the respective author(s) and not OverDrive.
OverDrive neither endorses nor is responsible for the accuracy or reliability of
information on this Website made by anyone other than authorized OverDrive employee
spokespersons acting in their official capacities.
End Users shall only use the Digital Content (including but not limited to digital
audio materials in the MP3 format in the event content in MP3 format is made available
through the SDL Service) for their own personal, non-commercial use. End Users shall
not sell, distribute, broadcast, rent, share, lend, modify, adapt, edit, or sub-license
the Digital Content. All rights, titles, and interest in the Digital Content are
reserved, and End Users do not acquire any ownership rights in the Digital Content
as a result of downloading the Digital Content. The license granted to End Users
to use the Digital Content is for a one-time limited right to borrow the Digital
Content for a specific, school designated, limited duration ("Lending Period").
End Users agree and acknowledge that at the end of the Lending Period all rights
to access the Digital Content expire and terminate. At the end of the Lending Period,
End Users agree to delete and/or destroy any and all copies of the Digital Content,
including any copies that may have been transferred to, or created on portable devices,
storage media, removable drives, CDs & DVDs. In the event the School Account, OverDrive,
or a rights holder determine End Users of the CDL Service are violating the terms
of this Access Agreement, the School Account and/or OverDrive reserves the right
to suspend or terminate End Users' ability to use the SDL Service and to borrow
Digital Content.
We reserve the right to modify, suspend or discontinue the Website (or any part
thereof) or access to the Digital Content at any time with or without notice to
you, and we will not be liable to you or to any third party should we exercise such
rights.
We respect the intellectual property of others. If you believe that your copyrighted
materials have been copied in a way that constitutes copyright infringement, please
follow the procedure set forth in our Digital Millennium Copyright Act Notice Policy,
which is expressly incorporated herein by reference and made a part of this Agreement.
This Website is owned by OverDrive. Visitors who choose to visit this Website from
other jurisdictions do so on their own initiative. Those visitors are solely responsible
for compliance with all laws, rules, and regulations, federal, state, local or foreign,
applicable to the use of this Website and information, content, material and services
contained herein.
Claims relating to this Website, to the use of this Website, and to the information,
content, material and services available through this Website are governed by the
laws of the United States and the State of Ohio as applicable. You hereby, unconditionally,
voluntarily and irrevocably consent to submit to the exclusive jurisdiction of the
United States District Court in Ohio, Northern District, Eastern Division, and the
Courts of the State of Ohio in any claim or dispute concerning, relating to, or
arising from this Website and any information received through this Website. You
agree not to plead forum non-conveniens in any such action and you consent to service
of process.
These terms of use were last updated on May 23, 2011.
