Terms and Conditions for Use

OverDrive, Inc. and its affiliates (“OverDrive”, “we”, “us”, or “our”) provides digital content, software applications, technology services and hosted websites for third parties. This OverDrive Account Terms and Conditions for Use include all updates, supplements, additional terms, software licenses and restrictions, promotional offers, and all of OverDrive’s rules and policies (collectively referred to as “Terms”). These Terms apply to your use of an OverDrive account.

By creating, accessing and/or using your OverDrive account, you agree to be legally bound by the Terms, our general Terms and Conditions for Use, general Privacy Policy, OverDrive Account Privacy Policy, and OverDrive Account Privacy Policy which are expressly incorporated herein by reference and made a part of these Terms. In addition, you agree to comply with all laws and regulations applicable to the use of your OverDrive account, OverDrive services and applications, and this website.

We will continue to evaluate the Terms against new technologies, business practices, and our users’ needs and may make changes to the Terms accordingly. Please check this page periodically for updates. You acknowledge that your continued use of your OverDrive account means that you agree to be bound by such changes.

Service License

OverDrive grants you a limited, revocable, non-exclusive, non-transferable license to access and make personal non-commercial use of an OverDrive account. You are not obligated to create an OverDrive account; however, certain OverDrive services and products may require you to create an OverDrive account in order to access them. OverDrive reserves the right to prohibit any conduct involving your OverDrive account that it deems to be in violation of these Terms, in its sole reasonable discretion. You affirm that you are at least 13 years of age and acknowledge that an OverDrive account is not intended for creation and use by individuals under 13 years of age.

You shall not:

  1. provide inaccurate information to OverDrive to gain access to an OverDrive account;
  2. copy, rent, lease, sell, repair, transfer, assign, sublicense, disassemble, reverse engineer or decompile, modify or alter your OverDrive account including, but not limited to, translating or creating derivative works, under any circumstances;
  3. use your OverDrive account, or the contents thereof, for any commercial or illegal purpose;
  4. collect and/or use any product listings, descriptions, or prices, or partake in any derivative use of your OverDrive account, or the contents thereof, for independent use;
  5. frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of OverDrive or its suppliers;
  6. use any meta tags or any other “hidden text” utilizing OverDrive or its suppliers’ names or trademarks;
  7. use your OverDrive account in a manner that impacts the stability of OverDrive’s servers and/or impacts the behavior of other mobile applications, software, applications and/or websites using OverDrive’s services, such as by using data mining, robots, scraping, or similar data gathering and extraction tools; and/or
  8. use your OverDrive account in any manner or for any purpose that may knowingly violate any law or regulation, or any right of any person including, but not limited to, intellectual property rights, rights of privacy and/or rights of personality, or which otherwise may be harmful (in OverDrive’s sole discretion) to OverDrive, its providers, its suppliers, and end users of OverDrive’s services.

Violation of any of the above restrictions may result in a termination of your ability to access your OverDrive account. OverDrive reserves any and all rights or remedies that may be available in the event of your breach of these Terms.

Security, Cracking and Hacking

You shall not violate or attempt to violate the security of your OverDrive account.

Accordingly, you shall not:

  1. access data or materials not intended for you;
  2. log into a server or account which you are not authorized to access;
  3. attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  4. attempt to circumvent a technological measure that effectively controls access to a work protected under the Digital Millennium Copyright Act;
  5. share information regarding your OverDrive account, including your credentials and/or other information stored on your OverDrive account with any other third-party; and/or
  6. activate and sync your OverDrive account across more than the permitted number of devices.

Violations of system or network security may result in civil or criminal liability. OverDrive reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting end users who have participated in such violations.

You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer’s functionality or operation which may be transferred to your computer via your OverDrive account.

No Other License

Except as expressly stated herein, no other rights or licenses are granted hereunder.

Copyright, Trademark and Intellectual Property

OverDrive, Inc., www.overdrive.com, OverDrive’s services and/or software are either registered trademarks, trademarks, trade names, service marks, or otherwise protected property of OverDrive and may not be used, copied or imitated without prior written permission from OverDrive.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

OVERDRIVE SOFTWARE, ACCOUNTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, OVERDRIVE DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, AND DUTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE OVERDRIVE ONE SOFTWARE AND ANY OVERDRIVE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, RESULTS OF USE, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. FURTHER, OVERDRIVE DISCLAIMS ANY WARRANTY THAT YOUR USE OF THE OVERDRIVE ONE SOFTWARE AND/OR SERVICES WILL BE UNINTERRUPTED, SECURE, TIMELY OR ERROR FREE. IN THE EVENT OF ANY INTERRUPTION OF THE OVERDRIVE SOFTWARE AND/OR SERVICES, OVERDRIVE’S SOLE RESPONSIBILITY SHALL BE TO USE COMMERCIALLY REASONABLE EFFORTS TO CORRECT THE INTERRUPTION. FOR THE AVOIDANCE OF DOUBT, YOU ACKNOWLEDGE AND AGREE THAT THESE TERMS DO NOT ENTITLE YOU AND/OR END USERS TO ANY SUPPORT FOR THE OVERDRIVE ONE SOFTWARE AND/OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR IN WRITING, OBTAINED BY YOU FROM OVERDRIVE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

YOU AGREE THAT OVERDRIVE SHALL HAVE NO LIABILITY ARISING FROM OR RELATED TO YOUR ACCESS TO AND/OR USE OF THE OVERDRIVE ONE SOFTWARE (OR OVERDRIVE’S SUSPENSION OR TERMINATION OF SUCH ACCESS AND/OR USE) REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, AND EXCEPT FOR BODILY INJURY, IN NO EVENT SHALL OVERDRIVE OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES AND SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE OVERDRIVE SOFTWARE, EVEN IF OVERDRIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. OVERDRIVE’S MAXIMUM AGGREGATE LIABILITY ARISING IN CONNECTION WITH THESE TERMS SHALL NOT, IN ANY EVENT, EXCEED ANY AMOUNTS RECEIVED UNDER THESE TERMS.

No Endorsement

OverDrive may email you about authors, digital content titles, services, special offers, and other information you elect to receive from OverDrive. No association with nor endorsement of any third-party digital content, websites, products, and/or services is intended or implied by OverDrive emailing you such information. You may opt out of these communications at any time by changing your OverDrive account preferences.

Termination of Access

OverDrive reserves the right to modify, suspend or discontinue access to your OverDrive account at any time with or without notice to you. OverDrive shall not be liable to you or any third party should we exercise such right.

Digital Millennium Copyright Act

OverDrive respects 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 these Terms.

Compliance with Law and Disputes

Your OverDrive account is owned by OverDrive, Inc. Visitors who choose use an OverDrive account 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.

These Terms shall be governed by the laws of the State of Ohio, without regard to any conflict of laws principles. Any dispute regarding these Terms or the relationship that has been established by these Terms shall be brought in the state or federal courts residing in the State of Ohio, United States of America, and the local laws of Ohio will apply to any such action related to the above without regard to any conflicts of laws principles. Both parties submit to venue and jurisdiction in these courts.

Contact OverDrive

All questions concerning these Terms shall be directed to: OverDrive, Inc. One OverDrive Way, Cleveland, Ohio 44125 USA. Attention: General Counsel.

These Terms are effective as of December 2016.