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Date of Last Revision: June 28, 2010.
Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you (“yourself” or “Institution”) as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
Proprietary Rights in Site Content; Limited License
MyLIS, MyLIS.COM, MyLIS.NET, MyLIS, and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Company in the U.S. and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
You understand that except for advertising programs offered by us on the Site (e.g., Google ads), the Service and the Site are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. In addition, you agree not to use the Service or the Site to:
Content Code of Conduct
You may not post or share Content that:
Unlawful or Harmful Content or Conduct
In using MyLIS you may not:
User Content Posted on the Site
You are solely
responsible for the photos, profiles,
messages, notes, text, information, advertisements, listings, and other
that you upload, publish or display (hereinafter, "post") on or
through the Service or the Site, or transmit to or share with other
(collectively the "User Content"). You may not post, transmit, or
share User Content on the Site or Service that you did not create or
do not have permission to post. You understand and agree that the
but is not obligated to, review the Site and may delete or remove
notice) any Site Content or User Content in its sole discretion, for
or no reason, including without limitation User Content that in the
judgment of the Company violates this Agreement or the Content Code of
or which might be offensive, illegal, or that might violate the rights,
or threaten the safety of users or others. You are solely responsible
sole cost and expense for creating backup copies and replacing any User
you post or store on the Site or provide to the Company.
We respect the intellectual property rights of others. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent. firstname.lastname@example.org
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites and Content
The Site contains (or you may be sent through the Site or the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
You are solely responsible for your interactions with other users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
Our users privacy
is important to us. By using the Site or the Service, you are
to have your personal data transferred to and processed in the United
The Company is
responsible or liable in any manner for any User Content or Third Party
Software or Content posted on the Site or in connection with the
whether posted or caused by users of the Site, by mylis, by third
parties or by
any of the equipment or programming associated with or utilized in the
the Service. Although we provide rules for user conduct and postings,
we do not
control and are not responsible for what users post, transmit or share
Site and are not responsible for any offensive, inappropriate, obscene,
unlawful or otherwise objectionable content you may encounter on the
Site or in
connection with any User Content or Third Party Applications, Software
Content. The Company is not responsible for the conduct, whether online
offline, of any user of the Site or Service.
Limitation on Liability
IN NO EVENT WILL
COMPANY OR ITS DIRECTORS,
EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES,
FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR
SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER
MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE
IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM
ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU
COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE
COMPANY'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO
PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE
ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO
OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice. When we are notified that a user has died, we will generally, but are not obligated to, keep the user's account active under a special memorialized status for a period of time determined by us to allow other users to post and view comments.
Governing Law; Venue and Jurisdiction
YOU AND COMPANY
AGREE THAT, EXCEPT AS MAY OTHERWISE
BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC
APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY
AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF
THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION,
that: (a) to the extent that either of us has in any manner infringed
violated or threatened to infringe upon or violate the other party's
copyright, trademark or trade secret rights, or you have otherwise
of the user conduct rules set forth above or in the Code of Conduct
parties acknowledge that arbitration is not an adequate remedy at law
injunctive or other appropriate relief may be sought; and (b) no
claims relating to any transactions you enter into with a third party
the mylis may be arbitrated.
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site (including without limitation through the Share Service), your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
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