I. TERMS AND CONDITIONS OF USE

Capira Technologies, LLC (collectively, “Capira Technologies”, “we”, “us”) provide software applications, technology services to libraries and library patrons. These Terms and Conditions of Use include all updates, supplements, additional terms, software licenses, promotional offers, and all BOUNDLESS FOR LIBRARIES rules and policies (collectively referred to as “Terms”). The Terms apply to all BOUNDLESS FOR LIBRARIES websites, applications, software, technologies, and services (collectively, the “Platform”).

By installing or otherwise using the Platform, you acknowledge that you have read and understood these Terms, and agree to be bound by them and our Privacy Policy (located at https://www.boundlessforlibraries/privacy), which is expressly incorporated herein by reference and made a part of these Terms. If you do not agree to (or cannot comply with) the Terms, do not install or use the Platform or any software or any music, images, video, text, or other content available through the Platform (“Content”).

Capira Technologies periodically evaluates its Terms to consider new technologies, business practices, and our users’ needs, and may make changes to the Terms from time to time. Please check this page regularly for updates. Your continued use of the Platform after posting of any changes to these Terms means that you agree to be bound by such changes.

II. COPYRIGHT, TRADEMARK AND INTELLECTUAL PROPERTY

Copyright law protects the Content that is made available through the Platform. All of the Content made available through the Platform is protected by intellectual property rights, including copyright, trademark, trade secret, and/or patent rights (collectively, “Intellectual Property Rights”) of Capira Technologies and/or third parties.

You must be an authorized library patron to access, use, and connect to the Platform to borrow and view the Content. As an authorized library patron, you may borrow and view the Content during the designated loan period for your own, personal, non-commercial use only (“Allowed Use”), after which period the borrowed content will expire.

Capira Technologies and/or its Content providers grant you a non-assignable, non-transferable, limited license to use the Content through the Platform, which may enable you to obtain, listen to, view, and/or read (as the case may be) Content that may be provided to you through the Platform in digital form, and you shall do so solely for your personal, noncommercial, entertainment use. This Content is owned by Capira Technologies, LLC and/or other third parties. However, in all circumstances, you understand and acknowledge that your rights with respect to Content will be limited by copyright law. You agree that you will not attempt to modify any apps, software or other Content obtained through the Platform for any reason whatsoever, including for the purpose of disguising or changing any indications of the ownership or source of the Content.

You represent, warrant, and agree that you are using the Platform hereunder for your own personal, noncommercial, entertainment use and not for redistribution or transfer of any kind. You agree not to reproduce, modify, redistribute, broadcast, publicly perform, or publicly display any Content, or otherwise transfer any Content obtained through the Platform.

You agree that you will not, for any reason whatsoever, reverse engineer, decompile, disassemble, or otherwise tamper with any security components, usage rules, or other protection measures applicable to the Platform or Content. You agree to abide by the rules and policies established from time to time by Capira Technologies. Such rules and policies will be applied generally in a nondiscriminatory manner to users of the Platform, and may include, for example, required or automated updates, modifications, and/or reinstallations of the software and obtaining available patches to address security, interoperability, and/or performance issues. Any use of the Platform or Content other than use expressly permitted under these Terms is unauthorized and may be a violation of law.

You agree not to make any use of the Content that would infringe the copyright therein. You agree to abide by the rules and policies established from time to time by Capira Technologies or its Content providers.

Violation of any of the above restrictions may result in a termination of your ability to access the Platform and Content. Capira Technologies reserves any and all rights or remedies that may be available in the event of your breach of these Terms.

All of the technology related to the Platform, the BOUNDLESS FOR LIBRARIES mark, and any related collateral are owned by Capira Technologies and protected by Capira Technologies’s Intellectual Property Rights.

The owners of Content are intended beneficiaries of these Terms and shall have the right to enforce these Terms against you.

III. SECURITY

You agree that you will not violate or attempt to violate the security of the Platform, any associated software, and/or Content.

You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, destroy, or otherwise impair computer’s functionality or operation which may be transferred to your computer via the Platform, any associated software, and/or Content.

IV. NO OTHER LICENSE

Except as expressly stated herein, no other rights or licenses are granted hereunder.

V. SUBMISSIONS

All remarks, suggestions, ideas, graphics, or other information communicated to Capira Technologies through the Platform (each a “Submission” and collectively the “Submissions”) will forever be the property of Capira Technologies and you hereby assign any and all copyrights, patents and other intellectual property rights in and to such Submissions to Capira Technologies. Capira Technologies will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities to any Submission that may appear in future Capira Technologies operations. Without limitation, Capira Technologies will have exclusive ownership of all present and future existing rights (of every kind and nature everywhere) to the Submissions. Capira Technologies will be entitled to use any and all Submissions for any commercial or other purpose whatsoever without compensation to you or any other person sending any Submission. You acknowledge that you are responsible for whatever material you submit, and you, not Capira Technologies, have full responsibility for the material, including its legality, reliability, appropriateness, originality, and copyright. You agree that any material you submit does not violate the Intellectual Property Rights, or any other rights, of any third party.

VI. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

THE PLATFORM (INCLUDING ALL SOFTWARE, CONTENT AND OTHER INFORMATION, MATERIALS AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM) IS PROVIDED “AS-IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND FROM CAPIRA TECHNOLOGIES OR ANY OWNERS OF CONTENT. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CAPIRA TECHNOLOGIES AND ALL OWNERS OF CONTENT DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER CAPIRA TECHNOLOGIES NOR ANY OWNER OF CONTENT WARRANTS THAT THE PLATFORM OR ANY SOFTWARE, CONTENT, INFORMATION, MATERIALS OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM IS OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NEITHER CAPIRA TECHNOLOGIES NOR ANY OWNER OF CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PLATFORM OR FROM ANY SOFTWARE, CONTENT, INFORMATION, MATERIALS OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM, OR FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID FOR THE SPECIFIC ITEM OF CONTENT GIVING RISE TO THE APPLICABLE CLAIM FOR DAMAGES.

VII. TERMINATION OF ACCESS

Capira Technologies may, from time to time, remove Content from the Platform without notice. Capira Technologies reserves the right to modify, suspend, or discontinue the Platform (or any part thereof), any associated software, or any Content (or any part thereof) at any time with or without notice to you. Capira Technologies shall not be liable to you or any third party should it exercise such right.

VIII. MISCELLANEOUS

These Terms will be governed by and interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of conflicts of law. By accessing the Platform you agree to submit to the jurisdiction of the State of New York and agree that it shall serve as the exclusive venue for any disputes relating to the Platform, software for or associated with the Platform, and/or Content. You agree to resolve any claims relating to the Platform, software for or associated with the Platform, and/or Content through final and binding arbitration in Suffolk County, New York, before a single arbitrator. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. You further agree to waive any defense of inconvenient forum in connection with the maintenance of any action or proceeding so brought. You may only resolve disputes with Capira Technologies on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this Platform, software for or associated with the Platform, or Content for illegal purposes will be provided to law enforcement authorities.

IX. CONTACTING US

If there are any questions regarding these Terms, you can email them to info@capiratech.com

These Terms are effective as of 6/10/2017.