Overview:
The following Terms of Use apply to all users (“you” or “your”) of the ColumbusNeighborhoods.org website (the “Website”) operated by the Columbus Metropolitan Library (“CML”). By using the Website or by registering as a user, you agree to be bound by these rules and regulations, as they may be modified by CML at any time and posted on the Website. In the event of a violation of these Terms of Use, CML reserves the right to seek all remedies available by law and in equity.
Use Of The Website
As a condition of your use of this Website, you warrant that (i) all information supplied by you on this Website is true, accurate, current and complete, (ii) if you established a ColumbusNeighborhoods.org user account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you and (iii) you are 13 years of age or older in order to register for an account and contribute to the Website. The Website does not knowingly collect the information of anyone under the age of 13. CML retains the right at our sole discretion to deny access to anyone to this Website, at any time and for any reason, including, but not limited to, for violation of this Agreement.
Limited License to Use Materials:
In connection with the creation, hosting, maintenance and/or display of the Website, CML uses certain CML proprietary materials or other materials licensed to CML, including, but not limited to, software, HTML code, scripts, text, artwork, photographs, images, video, audio (both music and lyrics), User Submissions (as defined below), trademarks, service marks and trade names (collectively, "Materials") that are protected by copyright and trademark laws and other U.S. and international laws and treaties. CML provides all Materials as a service to Website visitors and users and such Materials may be used solely for your informational purposes. No right, title or interest in the Materials is conveyed to you, and you must retain all copyright and other proprietary notices contained on the Materials. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is strictly prohibited. CML may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by CML.
Prohibited Use of Website:
You shall not post, transmit, redistribute, upload, or promote any materials on the Website that (a) violate or infringe in any way upon the rights of others, including without limitation copyrights, trademarks and other proprietary rights of another (including without limitation, stolen, counterfeited, fraudulent or otherwise illegal items and/or services); (b) contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another’s computer; (c) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; (d) contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities (other than offering of services through the network, such as babysitting services and other household services); (e) impersonate any person, business or entity; (g) encourage conduct that would constitute a criminal offense; (h) give rise to civil liability; (i) otherwise violate any law; or (j) undertake any conduct that, in the judgment of CML, restricts, impairs, interferes or inhibits any other user from using or enjoying the Website and/or our related services.
Submitting Content:
The Website permits the submission of user-submitted text, artwork, photographs, images, video, audio, and other communications and content by you and other users (collectively, "User Submissions"). You understand that such User Submissions may be accessed and viewed by others including the public in general and whether or not such User Submissions are published, CML does not guarantee any confidentiality with respect to any User Submissions.
CML may review and delete any User Submissions that, in the sole judgment of CML, violates these Terms of Use or which might be offensive, illegal, that might violate the rights, harm, or threaten the safety or users or in any way be deemed unsuitable by CML. CML also reserves the right to decide whether a User Submission is appropriate and complies with these Terms of Use, including, but not limited to, pornography, obscene or defamatory material or excessive length. CML may remove such User Submissions and/or terminate your access to the Website for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.
By posting User Submissions to the Website, you automatically grant to CML and WOSU Public Media an irrevocable, unrestricted, perpetual, non-exclusive, fully paid, sublicenseable, worldwide and transferable license and right, but not the obligation, to use, edit, alter, copy, reproduce, disclose, perform, display, publish, remove, prepare derivative works from, distribute, exhibit, broadcast or otherwise exploit the User Submissions, in whole or in part, in any form, media or technology, now known or hereafter developed including, without limitation, mailings, brochures, broadcast and cable television, radio, mobile transmission, the Internet and social media, for any purpose whatsoever including, without limitation, advertising, promotion, entertainment or commercial purposes, without any payment to or further authorization by you. Such use may cause your User Submissions to appear on other websites, in public displays, in newspaper articles, or television, radio, or Internet news or publicity stories. You waive any right to inspect or approve any material in which CML or WOSU Public Media may eventually use your User Submissions and understand that we may crop, shape, or otherwise adjust any User Submission. Neither CML nor WOSU Public Media endorses any User Submissions or any opinion, recommendation, or advice expressed therein.
You may delete your User Submissions, but if either CML or WOSU Public Media has exercised any of their rights under the license granted above prior to your deletion, this license survives deletion as to those User Submissions.
You shall be solely responsible for your own User Submissions and the consequences of distributing or publishing them.
In connection with User Submissions, you affirm, represent, and warrant that:
- The content of your User Submissions is original (no lifts from previously published materials protected by copyright, including books or music).
- You own or have the necessary licenses, rights (including all intellectual property and other proprietary rights embodied by the User Submissions or represented by the User Submissions), consents, and permissions to use and authorize CML and WOSU Public Media to use such User Submissions in accordance with the license granted to both entities above and as contemplated by the Website and these Terms of Use;
- Use of your User Submissions on the Website or otherwise by CML or WOSU Public Media, in whole or in part, will not infringe upon the rights of any third party including, without limitation, any intellectual property or privacy rights; and
- You have the written consent, release and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use without compensation or objection.
For clarity, neither CML nor WOSU Public Media claims ownership of your User Submissions.
Copyright Policy:
CML does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and CML will remove User Submissions if properly notified that such User Submission infringes on another's intellectual property rights. CML reserves the right to remove User Submissions without prior notice. CML may also terminate a user's access to its Website if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice.
If you are a copyright owner or an agent thereof and believe that any User Submission, Materials or other content infringes upon your copyrights, you may notify us by providing the following information in writing:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published;
(3) Identification of the material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit us to locate the material;
(4) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an email address;
(5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our agent for notice of claims of copyright infringement on this site can be reached as follows: Jay Kegley, Columbus Metropolitan Library, 96 S. Grant Avenue, Columbus, Ohio 43215; fax: 614-849-1354. You acknowledge that if you fail to comply with all of the requirements above, your notice may not be valid.
Disclaimers:
CML does not promise that the website or any materials, content, services, products or features of the website will be error-free or uninterrupted, or that any defects will be corrected, or that use of the website will provide specific results. The Website, the Materials, and related services are provided to visitors and users “AS IS” and “AS AVAILABLE” and without warranty of any kind, whether express or implied, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you. YOU HEREBY AGREE THAT USE OF THE WEBSITE AND RELATED SERVICES IS AT YOUR OWN RISK.
You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that CML, WOSU Public Media and the Website’s sponsors are not responsible for and disclaim all liability relating to the accuracy, usefulness, appropriateness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against CML, WOSU Public Media and the Website’s sponsors with respect thereto.
Limitation of Liability:
IN NO EVENT WILL CML, WOSU PUBLIC MEDIA OR THE WEBSITE’S SPONSORS BE LIABLE TO YOU OR ANY THIRD PERSON OR ENTITY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE, THE MATERIALS, OR OTHER RELATED SERVICES OR PRODUCTS, OR FOR ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE, AND INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION, MATERIALS OR CONTENT UPLOADED, AVAILABLE FOR VIEWING, AND/OR DOWNLOADED, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORIES OF LIABILITY, EVEN IF CML, WOSU PUBLIC MEDIA OR THE WEBSITE’S SPONSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you.
Privacy Notice:
CML’s disclosure and use of personal information you provide when using the Website or related services are described in our Privacy Notice. You accept that Privacy Notice when you accept these terms.
Consent to Electronic Delivery of Notices:
By agreeing to these Terms of Use, you consent to receive all communications, including notices, agreements, legally-required disclosures or other information in connection with these Terms of Use or your use of the Website and related services (collectively, "Notices") electronically from CML. You agree that CML may send you electronic Notices by (a) e-mail to an e-mail address you provide to CML for Notices, and/or (b) by posting the Notices on a main page of the Website or other webpage designated by CML for this purpose. You must check your designated e-mail address regularly for Notices from CML. All registrations, agreements, and terms will be completed electronically and will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing. The delivery of any Notice from CML is effective when sent by CML, regardless of whether you read the communication when you receive it. You may withdraw your consent to receive notices electronically by discontinuing your use of the Website.
Jurisdiction:
These Terms of Use shall be governed by the laws of the State of Ohio, without giving effect to its conflict of laws provisions. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts located in Columbus, Ohio, for any action, suit or proceeding arising out of or relating to these Terms of Use or your use of the Website.
Linking:
CML or its customers may offer links to websites operated by third parties. CML does not control and is not responsible or liable for the content, advertising, products, or other materials on or available from such third party sites. Your access to such sites is at your own risk and CML disclaims all liability arising out of or in any way connected to your access of such third party sites. None of such links should be deemed to imply that CML endorses the third party sites or any content on such sites.
International Users:
The Website is controlled and offered by CML from its facilities in the United States. CML makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Indemnity:
You agree to defend, indemnify and hold harmless CML, WOSU Public Media and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (a) your use of and access to the Website; (b) your violation of any term of these Terms of Use; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.
Assignment:
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CML without restriction.
Changes to Website and Termination of Accounts:
CML reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website, services and features available on the Website (or any part thereof) with or without notice. You agree that CML shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website and/or services and features of the Website (or any part thereof).
You may cancel your registration and delete your account through commands located on the Website. If you cancel your registration without deleting the content you submitted, it will remain on the Website, but will be shown as being anonymously contributed. CML may in its sole discretion terminate your account and your participation on the Website at any time for violation of these Terms of Use. You acknowledge and agree that upon cancellation or termination CML is under no obligation to continue to publish your User Submissions and we may immediately delete your profile and other information and bar current or future use of the Website. CML’s proprietary rights, indemnities, releases, disclaimer of warranties, limitations of liability and jurisdiction provisions shall survive any termination of your account.
Changes to Terms of Use:
CML reserves the right, from time to time, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" located at the bottom of the pages of the Website. The most current version of the Terms of Use will supersede all previous versions. We will provide at least thirty (30) days’ notice before any material changes take effect. If you disagree with such changes simply discontinue your use of the Website and/or applicable services before the changes take effect. Your use of the Website and/or continued use of our service after changes are made signifies your agreement to such changes.
Terms of Use Version 1.0—effective 03/01/2010
