Effective: September 18, 2020
License to Use the Infobase Services
- stream, display, publicly perform, and exhibit the Licensed Materials available within the Infobase Services asynchronously on a single computer or network, course management system, or password-protected share site within Subscriber’s intranet portal;
- electronically save, organize, and share Licensed Materials or parts thereof with other Authorized Users using the tools of the Infobase Services;
- for textual Licensed Materials, print out a single copy of individual entries or educational assets found in the Licensed Materials for purposes of private study or research;
- loan digital or print copies of Licensed Materials retrieved from the Infobase Services to other libraries, provided that loans are not done in a manner or magnitude that would replace the receiving library’s own subscription or purchase of the Licensed Materials and that any such loans comply with all laws and regulations regarding interlibrary loans.
- download for noncommercial, educational use, copies of the Material designated as “Downloadable” within the Infobase Services for Authorized Users’ individual use only; and
- edit Material, solely in connection with noncommercial educational use, that is designated in the Services as “Editable.” Such Material, as edited by Subscriber, or any part thereof, may not: (i) contain any libelous or unlawful materials or content or any commercial advertising materials; (ii) infringe upon any party’s intellectual property or other proprietary rights, including but not limited to copyright, trademark, patent, trade secret and right of privacy; (iii) violate any U.S. or international law or regulation; or (iv) give rise to any actionable claim or liability. Subscriber must maintain all copyright, trademark and other proprietary notices included with all Editable audio and video files.
Prohibited Uses of the Infobase Services
All rights not granted to Subscriber are reserved to Infobase. Neither Subscriber nor the Authorized Users may do any of the following:
- copy, modify, distribute, perform, create derivative works of, publish, sub-license, or otherwise share the Infobase Services, the Licensed Materials, or any portion thereof on any electronic network accessible to parties who are not Authorized Users, including without limitation on the World Wide Web (Internet) or any content sharing platform; or use all or any part of the Infobase Services for Commercial Use where the term “Commercial Use” means the monetization of the Infobase Services (whether by or for Subscriber or Authorized User) by means of an admission charge or fee for viewing, sale, loan, transfer, or other form of exploitation of the Licensed Materials;
- disassemble, reverse engineer or decompile the Services or any portion thereof;
- use any robot, spider, other automatic device, or manual process to monitor or copy the Infobase Services or Licensed Materials, or interfere or attempt to interfere with the proper working of the Infobase Services or take any action that imposes an unreasonable or disproportionately large load on the Infobase infrastructure; or;
- collect any personally identifiable information, including usernames or passwords, from the Infobase Services;
- take any actions that may circumvent, disable or damage the security of the Infobase Services including the posting of passwords to the Infobase Services on any publicly indexed websites;
- use the Material in a manner that disparages the Infobase Services, Infobase, or the Licensed Materials;
- delete the copyright holder’s name or any copyrights or other propriety notices from the Infobase Services or Licensed Materials; or
- systematically download Material, create distribution libraries from the Licensed Materials; or sell, rent, display, exhibit or otherwise transfer any of the Material to any third party outside of Subscriber’s classroom in connection with common educational purposes.
Fees and Payments
Unless otherwise agreed, payment terms are net 30 days from the date of invoice. Subscriber agrees to pay all fees and charges incurred in connection with any Licensed Materials, including applicable taxes at the rates in effect when the charges were incurred. Infobase may change its standard rates for subscriptions to its Licensed Materials in the normal course of business. In that case, Subscriber will be notified of any new rates by renewal notice prior to the end of the applicable Subscription Term.
Password Protection/License Compliance
Material Collections and Subscription Packages
Many Licensed Materials in the Infobase Services are licensed from third-party suppliers. Infobase may add, update or change Licensed Materials in its various subscription packages and collections at regular intervals during the period of time that Subscriber subscribes to the Infobase Services (the “Subscription Term”). Any Licensed Materials added to a collection during the Subscription Term will be at no added cost to Subscriber. Infobase may also be required to remove Material at regular, scheduled intervals if the Licensed Materials are no longer in distribution or if the third-party supplier of Licensed Materials terminates it agreement with Infobase. Accordingly, Infobase reserves the right to add or remove Licensed Materials at any time without notice. Infobase agrees to use commercially reasonable efforts to provide advance notice of the discontinuation of any Material collections or packages whenever reasonably possible, and to offer Subscriber the option to purchase a permanent license if Infobase has the right to do so. To the extent Infobase is unable to offer a permanent license, Subscriber agrees to delete electronically stored copies of removed Licensed Materials from its server within five (5) business days of its receipt of written notice from Infobase.
MARC Records—General Statement of Use
The structure of each MARC record conforms to national and international standards for Information Interchange Format (ANSI Z39.2-1994) and format for Information Exchange (ISO 2709-1996) and universal content designators defined by MARC21. While these standards define a universal format for bibliographic data exchange and the material types that can be described in the format, the content of most data elements within the format is defined by standards outside the formats, mainly the Anglo-American Cataloging Rules and the On-Line Audiovisual Catalogers best practice recommendations.
Free Trial Grant of License
User Generated Content
The Infobase Services may contain features that allow users to share User Generated Content to the Infobase Services. To ‘share’ means to email, post, transmit, upload, or otherwise make available data, images, information, communications, questions, ideas or comments (collectively “User Generated Content” or “UGC”) through the Infobase Services. Each user must carefully choose to share or make public any UGC as it is entirely responsible for the UGC it submits. All User Generated Content may be viewed or used by Infobase or any other users. To the extent you submit UGC, you retain all ownership rights in your UGC and grant to Infobase an unrestricted, perpetual, irrevocable, non-exclusive, transferable, royalty-free, fully paid, worldwide, license to host, use, store, copy, reproduce, publicly display, distribute, transmit, modify, publicly perform, adapt and translate any excerpt (in whole or part) of your UGC for any business purpose whatsoever, including the right to create derivative works or to republish the UGC in any medium, form, or style that Infobase deems appropriate or necessary.
Infobase neither endorses nor assumes any liability for any UGC transmitted by users of the Infobase Services. Infobase does not monitor or control what others do with the UGC. We generally do not pre-screen, monitor or edit UGC that may be available on or through the Infobase Services. We reserve the right in our judgment and at our sole discretion, however, to (a) edit, redact, or otherwise change UGC; (2) to re-categorize UGC to place it in more appropriate locations within the Infobase Services; and (3) to pre-screen or delete UGC at any time and for any reason, without notice. Infobase is not responsible for any failure or delay in removing UGC, however. You hereby consent to such removal and waive any claims against Infobase related to such removal.
IF YOU CHOOSE TO SUBMIT USER GENERATED CONTENT, YOU DO SO ENTIRELY AT YOUR OWN RISK. By submitting UGC you represent and warrant that (a) you are eighteen (18) years of age or older; (b) you own or otherwise control the rights to the UGC and any and all elements thereof; (c) you have the rights from any and all third parties appearing in the UGC to use such third parties’ names, images or likenesses and any other third party-owned elements as necessary in and as part of your submission; (d) the UGC does not infringe or violate the rights of any third parties, including, but not limited to, copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality obligations; (e) the UGC does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam;” and (f) the UGC is not unlawful, defamatory, libelous, obscene, harassing, tortious, threatening, violent, politically-sensitive, vulgar, profane, or otherwise offensive. Furthermore, you acknowledge that you may not rely on any User Generated Content submitted to Infobase, including without limitation information in any Infobase bulletin boards and in all other parts of the Infobase Services.
Term and Termination
The Licensed Materials in the Infobase Services, including but not limited to text, availability and descriptions may contain errors or inaccuracies, and may be incomplete, inaccurate or untimely. Infobase reserves the right to correct any errors, inaccuracies or omissions and to change or update the Licensed Materials at any time without prior notice; provided that Infobase does not represent that all errors will be corrected. Infobase disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Infobase Services. Infobase disclaims any responsibility for any harm resulting from downloading or accessing any information or Licensed Materials through the Infobase Service.
INFOBASE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE INFOBASE SERVICES OR MATERIALS, WHICH ARE PROVIDED “AS IS” AND “AS AVAILABLE.” INFOBASE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INFOBASE SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY EXTERNAL WEBSITE THAT IS LINKED TO FROM WITHIN THE INFOBASE SERVICES OR FOR MATERIALS PROVIDED BY THIRD-PARTY SUPPLIERS OF MATERIALS. INFOBASE DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON OR IN THE INFOBASE SERVICES WILL MEET YOUR REQUIREMENTS, THAT INFOBASE SERVCES ARE FIT FOR ANY PARTICULAR PURPOSE OR WILL OPERATE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. INFOBASE DOES NOT WARRANT THAT THE SERVICES ARE SECURE OR FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. INFOBASE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
To the fullest extent permissible by law and/or a state tort claims act, Infobase and Subscriber each agree to indemnify and hold the other party harmless for any losses, claims, damages, awards, penalties, or injuries incurred by the indemnified party, including reasonable attorney’s fees, which arise from the indemnifying party’s breach of a representation, warranty or covenant made under this Agreement; provided that the indemnifying party is promptly notified of any such claims and given the right to direct and control the investigation, defense and settlement of such claim. The indemnified party shall have the right to approve the settlement and to engage counsel of its own choosing in the defense at its own expense. This indemnity shall survive the termination or expiration of the Subscription Term.
Subscriber agrees that Infobase may use Subscriber’s name, logo, graphic, photo, or other marks to customize the display of the Infobase Services to Subscriber’s Authorized Users and/or for Infobase’s marketing and promotional purposes, including referencing that Subscriber is a customer of Infobase, provided that any logo, graphic, photo, or other marks of the Subscriber’s, continue to be the property of the Subscriber. To the extent Subscriber or any of its Authorized Users provides Infobase with any comments, suggestions, ideas, feedback, or other information regarding the Infobase Services or Licensed Materials (“Feedback”), Subscriber acknowledges and agrees that all such Feedback is non-confidential and shall become the sole intellectual property of Infobase. Infobase shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of the Feedback for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to Subscriber.