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.
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.
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.
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.
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:
Ex Libris Ltd.
Building 8-9 Malcha Technological Park
Jerusalem 91481 Israel
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.
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.
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.
Last updated: Jul 09, 2012 17:47