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EL Commons Platform Terms of Use

Welcome to www.exlibrisgroup.org (together with its Content, the "Platform"). Please read the following Terms of Use ("Terms") carefully before using this Platform so that you, as a user (the "user") are aware of the user's legal rights and obligations with respect to IGeLU (International Group of Ex Libris Users), ELUNA (Ex Libris Users of North America), and Ex Libris Ltd. ("Ex Libris"), its affiliates and subsidiaries (individually and collectively, the "Platform Host"); By using or visiting this Platform, the user agrees to; these Terms and; the privacy policy at Ex Libris Privacy Policy("Privacy Policy") if the user uses the API, the user is also bound by the EL Commons CodeShare Terms Of Use at EL Commons CodeShare Terms of Use. If the user does not agree to these Terms, or the Privacy Policy and the CodeShare Terms of Use, if relevant, the user should not access or otherwise use the Platform.

Website Access

  1. The Platform Host hereby grants the user permission to use the Platform, provided that: (i) the user will not send unsolicited or unauthorized advertisements, spam, chain letters, etc.; (ii) the user will not knowingly transmit any Content (as defined below) which contains software viruses, or other harmful computer code, files or programs; (iii) the user will not disrupt servers or networks connected to the Platform; and (iv) the user comply with these Terms.
  2. In order to access some of the services of the Platform such as the API and the wiki services the user is required to be an employee of an Ex Libris customer with a valid license for one of the Ex Libris products ("Ex Libris Customer") or an Ex Libris employee. The user will have to create an account to access some services. Please notify Ex Libris immediately of any breach of security or unauthorized use of the user's account. The user will be liable for any use made of its account or password.
  3. The user agrees not to use or launch any automated system, including without limitation, "robots," "spiders," and "offline readers," that accesses the Platform in a manner that sends more request messages to the Platform Host's servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. The user agrees not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Platform, nor to use the communication systems provided by the Platform for any commercial solicitation purposes.
  4. The Platform Host has the right to terminate the user's access to the Platform if the user violates these Terms or otherwise.

The Platform Host reserves all rights not expressly granted in and to the Platform. If the user downloads or prints a copy of the Content for personal use, the user must retain all copyright and other proprietary notices contained therein. The user agrees not to circumvent, disable or otherwise interfere with security-related features of the Platform or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Platform.
"Ex Libris", the Ex Libris bridge and other logos, Primo, Aleph, Alephino, Voyager, SFX, MetaLib, Verde, DigiTool, Preservation, URM, and other marks are Marks of Ex Libris or its affiliates. All other trademarks, service marks, and logos used on the Platform Host's Platform are the trademarks, service marks, or logos of their respective owners.
This section shall survive any termination of these Terms.

User Submissions

  1. Currently, only Ex Libris Customers and Ex Libris employees ("The Community") may submit Content ("User Submissions") to the platform. In addition, such User Submissions may currently be viewed only by members of the Community. Community members submitting the User Submission (the "Contributors") understand that whether or not such User Submissions are published, the Platform Host does not guarantee any confidentiality with respect to any User Submissions, nor does the Platform Host endorse, or have any liability whatsoever for any User Submission.
  2. The EL Commons site was established to support free exchange of code extensions among Ex Libris community members. We urge contributors of code to apply a license that adheres to this intention, and allows all community members to freely use the contributed code. Contributors must own or have the right to submit their contribution and retain all ownership rights in their User Submissions.
  3. The Contributor agrees that s/he will not display, post, submit, publish or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless the user is the owner of such rights; (iii) impersonates another person; (iv) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (v) is otherwise malicious or fraudulent; or (vi) is political or personal opinion or a personal publishing project.
  4. The user understands that when using the Platform, the user will be exposed to User Submissions from a variety of sources, and that the Platform Host is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. The user may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and the user agrees to waive, and hereby does waive, any legal or equitable rights or remedies the user may have against the Platform Host with respect thereto, and agrees to indemnify and hold the Platform Host, the Platform Host's owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to the user's use of the Platform. Be respectful of others' User Submissions, both in structure and language. Remember- disagreements are ok, personal attacks are not.

Disclosure

The Platform Host reserves the right to access, read, preserve, and disclose any User Submissions (whether published or not) or any other information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (b) enforce these Terms, including investigation of potential violations of it, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of any Platform Host, its users or the public.

Links

The Platform may contain links to third party websites that are not owned or controlled by the Platform Host. The Platform Host is not affiliated with those websites, has no control over those websites, and assumes no responsibility for the content, privacy policies, or practices of any third party websites. The Platform Host permits the user to link to materials on the Platform for non-commercial purposes only.

Information Description

The Platform Host cannot and does not warrant that the Content available on the Platform is accurate, complete, reliable, current, or error-free. Any Platform Host may make changes in or to the Content, or any part thereof, according to its sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. The user's use of the Content, or any part thereof, is made solely at the user's own risk and responsibility.

Copyright and Content Policy

It is the Platform Host's policy to respect the legitimate rights of copyright and other intellectual property owners. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (the "DMCA"), the agent specified below has been designated to receive notifications of claimed copyright infringement on the Platform. Please be advised that the Platform Host enforces a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.
If any person or entity believes that its work has been copied in a way that constitutes copyright infringement or that its intellectual property rights have been otherwise violated, please contact the Copyright Agent below with the information required by Section 512 (c)(3)(A) of the Copyright Act found here: http://www.copyright.gov/title17/92chap5.html#512: 

Oded Scharfstein
Ex Libris Ltd.
Building 8-9 Malcha Technological Park
Jerusalem 91481 Israel
Tel: +972-2-649-9100
Fax: +972-2-679-8634
Email- Oded.Scharfstein@exlibris.co.il

Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Limitation of Liability and Warranty

THE PLATFORM IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND INCLUDING WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR IN CONNECTION WITH SECURITY OF ANY INFORMATION THE USER MAY PROVIDE. THE PLATFORM HOST DOES NOT GUARANTEE THAT THE PLATFORM WILL BE FREE OF BUGS, SECURITY BREACHES, VIRUS ATTACKS AND THE LIKE, OR THAT IT WILL ALWAYS BE AVAILABLE. THE PLATFORM WILL OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS.
EACH USER IS SOLELY RESPONSIBLE FOR ITS INTERACTIONS WITH OTHERS THROUGH THE SITE.
UNDER NO CIRCUMSTANCES SHALL ANY PLATFORM HOST, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM AND ITS SERVICES EVEN IF A PLATFORM HOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW THE USER AGREES THAT THE OUR TOTAL LIABILITY TO THE USER FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES EXCEED AN AGGREGATE OF THE AMOUNT PAID BY THE USER, IF ANY, IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, FOR ACCESSING AND USING THE PLATFORM.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO SOME USERS.

Indemnity

The user agrees to defend, indemnify and hold harmless the Platform Host, the Platform Host's affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) its use of the Platform; (ii) its violation of these Terms; (iii) its violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (iv) any claim that one of its User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and the user's use of the Platform.

General

Ex Libris Ltd., on behalf of the Platform Host, reserves the right, at its discretion, to modify these Terms. Use of this Platform will mean the user accepts these terms. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by the user, but may be assigned by the Platform Host without restriction. The Platform Host reserves the right to discontinue or modify any aspect of the Platform at any time. These Terms, the Privacy Policy and the relationship between the user and the Platform Host are governed by and construed in accordance with the laws of Israel, without regard to its principles of conflict of laws. The user and the Platform Host agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv, Israel and waive any jurisdictional, venue, or inconvenient forum objections to such courts. These Terms, together with the Privacy Policy and any other legal notices published by the Platform Host on the Platform, shall constitute the entire agreement between the user and the Platform Host concerning the Platform. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.




Last updated: Jul 09, 2012 17:47

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