Follett CommUNITY Terms of Use

Welcome to the Follett CommUNITY (“Community”).  Follett provides the content and services available on the Community to you subject to the following terms and conditions, Follett’s Privacy Policy and other terms and conditions and policies which you may find throughout the Community in connection with certain functionality, features or promotions as well as customer service (collectively “Terms and Conditions”).  By using the Community you agree to be legally bound by these Terms and Conditions, which shall take effect immediately on your first use of the Community. If you do not agree to be legally bound by all the following terms please do not access and/or use the Community.

 

1. Privacy

Please review our Privacy Policy so that you may understand Follett’s privacy practices.



2.  Updates

Follett may change these Terms and Conditions at any time by posting changes online. Please review these Terms and Conditions regularly to ensure you are aware of any changes made by Follett. Your continued use of the Community after changes are posted means you agree to be legally bound by these Terms and Conditions as updated and/or amended.

 

3. Use of the Community

Subject to these Terms and Conditions, you have a non-exclusive, non-transferrable license to access the Community solely for the purposes for which the Community is provided. You may not copy, reproduce, republish, download, post, broadcast, transmit or otherwise use Community content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any Community content except for your own personal, non-commercial use. Any other use of the Community requires the prior written permission of Follett.

 

4. User Content

You agree to use the Community only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of the Community.

By submitting or posting materials and communications to the Community (“User Content") you expressly agree that User Content is non-confidential and non-proprietary, and may be treated as such by Follett; and that you have all rights necessary to post User Content to the site for third party viewing and use, as set forth below. Follett will have no obligations with respect to the User Content except as set forth in these Terms of Use. Posting or transmitting User Content automatically and irrevocably grants Follett a world-wide, non-exclusive license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such User Content, in whole or in part in any form, media or technology known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes, to the extent permitted by applicable law, and you are not entitled to any compensation or credit in connection with such uses by Follett. You hereby waive any and all claims against Follett for any alleged or actual infringements of any rights of privacy or publicity, moral rights, rights of attribution or any other intellectual property rights in connection with Follett’s use and publication of such User Content.

You may not submit or post any User Content that falls into the following categories and Follett may remove any User Content that:

  • Defames, abuses, harasses, stalks, threatens or otherwise violates the legal rights (such as rights of privacy and publicity) of others.
  • Contains any defamatory, infringing, obscene, indecent, misleading or unlawful material or information.
  • Contains software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Deletes any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
  • Falsifies the origin or source of software or other material contained in a file that is uploaded.

Follett does not endorse or control the User Content and therefore, Follett does not guarantee the accuracy, integrity or quality of User Content. Under no circumstances will Follett be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content.

You acknowledge that Follett has the right (but not the obligation) in Follett’s sole discretion to refuse to post or remove any User Content.  Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, Follett has the right to remove any User Content that violates these terms and conditions or is otherwise objectionable and Follett reserves the right to refuse service and/or terminate access without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.

 

5. Copyright Complaints

Follett respects the intellectual property of others. If you believe that a work has been copied on the Community in a way that constitutes copyright infringement, please contact legal@follett.com and provide the following:

a.     Identification of the copyrighted work(s) that you claim has been infringed;

b.     A description of the material that you claim is infringing and the location of the material on the Community;

c.     Your name, address, telephone number and e-mail address;

d.     A statement by you, made under penalty of perjury, that you are the copyright owner or authorized agent and the use of the material in the manner complained of is not authorized by the copyright holder, its agent, or law.

NOTE: THE ABOVE CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING FOLLETT THAT COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS AND SHOULD BE DIRECTED TO info@follettcommunity.com.

 

6. Third Party Links

Follett is not responsible for the content of any off-Community website pages or any other websites linked to or from the Community.  Links appearing on the Community are for convenience only and are not endorsement by Follett or Follett’s affiliates. Your linking to or from any off-Community website pages or other websites is at your own risk.  Follett is in no way responsible for examining or evaluating, and Follett does not warrant the offerings of, third party websites linked to or from the Community, nor does Follett assume any responsibility or liability for the actions, content, products or services of such pages and websites, including without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all websites you visit.

 

7. Disclaimers and Limitation of Liability

THIS COMMUNITY IS PRESENTED “AS IS.”  FOLLETT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR CONDITIONS OR THE COMMUNITY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FOLLETT WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY: (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE COMMUNITY; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-COMMUNITY LINKS ON THE COMMUNITY; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE COMMUNITY, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEB COMMUNITYS; (f) ANY INACCURACIES OR OMISSIONS IN CONTENT; OR (g) EVENTS BEYOND OUR REASONABLE CONTROL. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE COMMUNITY OR YOUR USE THEREOFREGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).

YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE COMMUNITY OR THESE TERMS AND CONDITIONS MAY BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.

 

8. Indemnification

You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of the Community or breach of these Terms and Conditions.  You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

 

9. Governing Law

These Terms and Conditions shall be interpreted and construed according to, and governed by, the laws of the State of Illinois, United States of America. You agree to submit any dispute, controversy or claim you may have arising out of or relating to these Terms and Conditions solely to binding arbitration to be conducted pursuant to the Commercial Rules of the American Arbitration then in effect.

 

10. General

These Terms and Conditions are the sole and entire Agreement between the parties relating to the subject matter hereof, and supersede all prior understandings, agreements and documentation relating to such subject matter. 

If any provision in these Terms and Conditions is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will continue in full force without being impaired or invalidated in any way, unless the business purpose of these Terms and Conditions is substantially frustrated thereby.

 

Last Revised on May 10, 2013