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Terms and Conditions of Use
Welcome to our website. This is a legal agreement between you ("You" or "User") and OverDrive, Inc. ("We, "Us" or "OverDrive") that states the material terms and conditions that govern your use of the OverDrive Website and use of the OverDrive Service. This agreement, together with all updates, supplements, additional terms, software licenses, promotional offer terms and all of OverDrive's rules and policies collectively constitute the "Agreement" between you and OverDrive. By accessing the Overdrive website and using the services or downloading any software you agree to be legally bound by this agreement. You also agree to comply with all laws and regulations applicable to the use of the OverDrive Service, this website, the Internet, and to the activities involved in using this website.
Compliance with Law. This website is owned by OverDrive, Inc. 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.
Visitor On-line Conduct. You agree to use this website only for lawful purposes. You agree to use this website only for its intended purposes. OverDrive, Inc. 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.
Definition of the OverDrive Service. OverDrive is the creator and provider of a service (the "OverDrive Service") that permits users to select audio consisting of licensed and original audio content (collectively, the "Digital Content") through means including but not limited to (i) OverDrive's Web site, overdrive.com, and such other or successor domain names as may be operated, acquired, or used from time to time by OverDrive (collectively, "OverDrive Site"); and to playback such Digital Content on a computer or compatible hardware device ("Device") using OverDrive's proprietary OverDrive Media Console and OverDrive Media Explorer Software application (or other third party software application specifically approved by OverDrive that meets the then-current OverDrive Audio Book specifications) and/or any other software the user accesses, downloads, or otherwise receives for use in connection with the OverDrive Service, including but not limited to Beta (pre-release) versions thereof (collectively, the "Software").
Downloading of Software. Any Software or service that is made available to download from this website and other OverDrive operated websites ("Websites") is the copyrighted work of OverDrive. In the event that you use the OverDrive Service and/or download Software from the site, the Software including any files, images incorporated in or generated by the software and data accompanying the Software are licensed to you by OverDrive. 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 or disassemble the Software.
Use of the Software is governed by the terms of the end user license agreement, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law.
Digital Content License. When you "clickout" or otherwise "download" (referred to herein, collectively as "Download") Content from the OverDrive Service, OverDrive grants you a limited, revocable, non-exclusive, non-transferable license to download or stream such Digital Content to your computer and/or 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. This license to the Digital Content you Download will continue for as long as your copy of Digital Content exists pursuant to and in accordance with the terms and conditions of this Agreement.
Site Access License. OverDrive grants you a limited, revocable, non-exclusive, non-transferable license to access and make personal non-commercial use of the OverDrive Site and not to download (other than page caching) or modify all or any portion of the OverDrive Site. This license does not include any resale or commercial use of the OverDrive Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the OverDrive Site 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. The OverDrive Site and/or any portion of the OverDrive Site 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. You are granted a limited, revocable, non-exclusive, non-transferable right to create a hyperlink to the home page of the OverDrive Site so long as the link does not portray us, our content providers, our affiliates, or our products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use any OverDrive logo or other proprietary graphic or trademark as part of the link without express written permission.
Security, Cracking and Hacking. You shall not violate or attempt to violate the security of the OverDrive Service. Accordingly, you shall not: (i) access data or materials not intended for you; (ii) log into a server or account which you are not authorized to access; or (iii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting 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 the OverDrive server.
No Other License. Except as expressly stated herein, no rights or licenses are granted hereunder.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, OVERDRIVE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, OVERDRIVE MAY MAKE AVAILABLE ON THIS SERVICE OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. OVERDRIVE DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THIS SERVICE OR IN OVERDRIVE PRODUCTS.
IN NO EVENT SHALL OVERDRIVE BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THIS.
NO OVERDRIVE EMPLOYEE, AGENT, DEALER, DISTRIBUTOR, OR RESELLER IS AUTHORIZED TO MAKE ANY MODIFICATION OR ADDITION TO THE WARRANTIES STATED IN THIS PARAGRAPH OR IN THE LICENSE AGREEMENT.
Privacy. OverDrive's Privacy Policy is expressly incorporated herein by reference and made a part of this Agreement.
Copyright, Trademark and Intellectual Property. All information, content and material ("Content") comprising or made available by OverDrive, Inc. through this Website (including, without limitation, any computer source or object code comprising this website) is owned by or licensed to OverDrive, Inc. OverDrive, Inc. 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, Inc. 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, Inc. or without the prior written consent of the copyright owner.
OverDrive, Inc. and www.overdrive.com are either registered trademarks, trademarks, trade names, service marks, or otherwise protected property of OverDrive, Inc. and may not be used, copied or imitated without the prior written consent of OverDrive, Inc.
The compilation of the Content on this Website is the exclusive property of OverDrive, Inc. and is protected by U.S. and International copyright law.
Termination of the Service. We reserve the right to modify, suspend or discontinue the OverDrive Service (or any part thereof) or any Digital Content, Content (or any part thereof) 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.
Digital Millennium Copyright Act. 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.
Venue and Jurisdiction. 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.
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