TERMS OF SERVICE
Thank you for your interest in using the mobile and online services (the "Services") operated by vufind, Inc. ("vufind") and offered through the website located at www.vufind.com (the "Site") and certain websites operated by our partners, including without limitation, Facebook and Flickr (the "Partner Sites"). These Terms of Service ("Terms") govern your use of the Services and the Site (collectively, the "vufind Network"). Please read these Terms carefully. By using the vufind Network, you are stating that you have read and understand, and agree to be bound by, these Terms. If you do not agree to these Terms, you are not permitted to use the vufind Network.
1. Your Responsibilities
You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the vufind Network and for paying all charges related thereto. In connection with your use of the vufind Network, vufind may collect certain personal information about you. You agree that vufind may use any information vufind obtains about you in accordance with the provisions of the vufind's Privacy Policy at www.vufind.com/privacy If you elect to provide any personal information to vufind, you agree to: (a) provide true, accurate, current, and complete information; and (b) maintain and update such information to keep it true, accurate, current, and complete at all times. In addition, you agree not to use the vufind Network to: (a) violate any local, state, national, or international law or regulation; (b) transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable; (c) transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; (d) transmit any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (e) stalk, harass, or harm another individual; (f) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (g) interfere with or disrupt the vufind Network or servers or networks connected to the vufind Network, or disobey any requirements, procedures, policies, or regulations of networks connected to the vufind Network.
2. User Submissions
vufind does not claim ownership of any information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials you submit for display or distribution to others through the vufind Network (collectively, "User Submissions"). As between vufind and you, you own all rights to your User Submissions. However, you grant to vufind an irrevocable, perpetual, non-exclusive, fully-paid, worldwide, license, with the right to sublicense through multiple tiers, to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (in whole or in part) in any format or medium now known or later developed. vufind reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. vufind does not pre-screen User Submissions and you agree that you are solely responsible for all of your User Submissions. vufind is not required to host, display, or distribute any User Submissions, and may remove at any time or refuse any User Submissions. vufind is not responsible for any loss, theft or damage of any kind to any User Submissions. You represent and warrant that your User Submissions and vufind's authorized use thereof do not and will not infringe the rights of any third party (including, without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights).
3. Feedback
If you choose to provide technical, business or other feedback to vufind concerning the vufind Network or any vufind products or services (collectively, "Feedback"), vufind will be free to use, disclose, reproduce, license, or otherwise distribute or exploit such Feedback in its sole discretion without any obligations or restrictions of any kind, including intellectual property rights or licensing obligations. You understand and agree that the incorporation by vufind of Feedback into any of its products or services does not grant you any proprietary rights therein.
4. Copyright Infringement
vufind respects the intellectual property rights of others. Accordingly, vufind has a policy of removing User Submissions that violate copyright law, suspending access to the vufind Network (or any portion thereof) to any user who uses the vufind Network in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the vufind Network in violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512, vufind has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright is being infringed by a user of the vufind Network, please provide written notice to the following vufind agent for notice of claims of copyright infringement.
vufind, Inc.
ATTN: Copyright Agent
2470 El Camino Real, Suite 210
Palo Alto, CA 94306
email: [copyright@vufind.com]
Fax: [NUMBER]
Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow vufind to locate that material; (d) contain adequate information by which vufind can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owner's agent, or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Please do not send notices or inquiries unrelated to alleged copyright infringement to vufind's designated agent.
5. Termination
vufind may terminate your vufind Network membership or suspend your access to all or part of the vufind Network, without notice, if you violate these Terms or you engage in any conduct that vufind, in its sole and absolute discretion, believes is in violation of any applicable law or regulation or is otherwise harmful to the interests of vufind, any other vufind Network user, or any third party. You may discontinue your participation in and access to the vufind Network at any time.
6. Modifications To Terms
vufind may, in its sole and absolute discretion, change these Terms from time to time. vufind will post notice of such changes on the Site. If you object to any such changes, your sole recourse will be to cease using the vufind Network. Continued use of the vufind Network following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
7. Modifications To vufind Network
vufind reserves the right to modify or discontinue the vufind Network with or without notice to you.
8. Fees
vufind reserves the right at any time to charge fees for access to new vufind Network content or services or to portions of the existing vufind Network content or services or to the vufind Network as a whole. In no event will you be charged for access to any vufind Network content or service, or to the vufind Network as a whole, unless vufind obtains your prior agreement to pay such fees. If you do not consent to the payment of such fees, however, you may not have access to paid content or services. Details regarding the services you will receive in exchange for the payment of fees, as well as any payment terms and conditions that apply, will be disclosed to you prior to your agreement to pay such fees. All such terms will be deemed to be a part of (and are hereby incorporated by reference into) these Terms.
9. Password and Security
You are responsible for maintaining the confidentiality of your vufind Network password, and you are solely responsible for all activities that occur under your password. You agree to immediately notify vufind of any unauthorized use of your password or any other breach of security related to the vufind Network. vufind reserves the right to require you to alter your password if vufind believes that your password is no longer secure. You agree that you will be solely responsible for any loss or damage you suffer as a result of your failure to adequately safeguard your password.
10. Integration and Links
vufind's integration with, or provision of a link to, any other website or Internet resource (including the Partners Sites) is for your convenience only and does not signify vufind's endorsement of such other website or resource or its contents. You agree that vufind will have no responsibility or liability for any information, software, or other materials found at any other website or Internet resource. In addition, you acknowledge that additional terms on the Partner Sites may apply to you.
11. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE vufind NETWORK IS AT YOUR SOLE RISK. THE vufind NETWORK IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. vufind EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE vufind NETWORK (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). vufind MAKES NO WARRANTY THAT THE vufind NETWORK WILL MEET YOUR REQUIREMENTS, OR THAT THE vufind NETWORK WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU ACKNOWLEDGE THAT ACCESS TO DATA (INCLUDING, BUT NOT LIMITED TO, DOCUMENTS, PHOTOGRAPHS, VIDEOS, TAGS AND SOFTWARE FILES) STORED BY YOU OR OTHERS ON THE vufind NETWORK IS NOT GUARANTEED AND THAT vufind WILL NOT BE RESPONSIBLE TO YOU FOR ANY LOSS OF DATA CAUSED BY THE vufind NETWORK OR ITS UNAVAILABILITY. vufind MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE vufind NETWORK, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE vufind NETWORK, OR THAT DEFECTS IN THE vufind NETWORK WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE vufind NETWORK IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM vufind OR THROUGH THE vufind NETWORK WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
12. Limitation of Liability
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL vufind OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT'S) USE OF THE vufind NETWORK AND (B) ONE HUNDRED DOLLARS ($100.00) RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT'S) USE OF THE vufind NETWORK.
13. Exclusions And Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that vufind may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of vufind's liability will be the minimum permitted under such applicable law.
14. Indemnification
You agree to indemnify, defend, and hold harmless vufind and its officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation of these Terms. vufind reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with vufind's defense of such claim.
15. Trademarks
"vufind" and the vufind logo, and certain other of the names, logos, and materials displayed in the vufind Network, constitute trademarks, trade names, or service marks ("Marks") of vufind or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with vufind or those other entities.
16. Copyrights; Restrictions on Use
The content on the vufind Network (the "Content"), including without limitation, video, text, tags, photos, and graphics, is protected under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by vufind or its licensors. Other than with respect to your own User Submissions: (a) the Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of vufind and its applicable licensors; and (b) you must abide by all copyright notices, information, or restrictions contained in or attached to any Content.
17. Miscellaneous
These Terms, together with the terms of any end user license agreement to which you agree when downloading any software that vufind makes available through the vufind Network and any additional terms to which you agree when using particular elements of the vufind Network (e.g., terms relating to the payment of fees for certain vufind Network content or services), constitute the entire and exclusive and final statement of the agreement between you and vufind with respect to the subject matter hereof, and govern your use of the vufind Network, superseding any prior agreements or negotiations between you and vufind with respect to the subject matter hereof. These Terms and the relationship between you and vufind will be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the vufind Network will be brought in the Federal or State courts located in San Francisco County, California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of vufind to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of vufind and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the vufind Networks or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms will remain in full force and effect notwithstanding any termination of your use of the vufind Network.