TERMS & CONDITIONS
Access to and use of Mastics-Moriches-Shirley Community Library services is
provided subject to the following Terms and Conditions Agreement. Your use of
WWW.COMMUNITYLIBRARY.ORG directory’s services constitutes your acceptance of these terms
and conditions.
TERMS AND CONDITIONS AGREEMENT
BEFORE USING THIS SERVICE, YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND
CONDITIONS. INFORMATION ON THIS SITE IS PROVIDED FOR INFORMATIONAL PURPOSES AND
IS NOT MEANT TO SUBSTITUTE FOR THE ADVICE PROVIDED BY YOUR OWN CERTIFIED PUBLIC
ACCOUNTANT OR OTHER TAX OR LEGAL PROFESSIONAL. BY USING THE WWW.COMMUNITYLIBRARY.ORG
SERVICE, YOU ACCEPT THE TERMS AND CONDITIONS BELOW.
This Agreement describes the terms and conditions applicable to your use of the
WWW.COMMUNITYLIBRARY.ORG service (the "Service"). We may amend these terms and
conditions at any time by posting the amended terms on our Site. The amended
terms shall automatically be effective 30 days after they are initially posted
on our Site. This Agreement may not be otherwise amended except in a writing
signed by both parties. For the purposes of these terms and conditions "user(s)"
means any person or entity that accesses or uses the Service, including, but not
limited to, accountants and their clients.
Because we do not and cannot be involved in user-to-user dealings (be they
professional engagements or mere communications) in the event that you have a
dispute with one or more users, you release us (and our agents and employees)
from claims, demands and damages (actual and consequential) of every kind and
nature, known and unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way connected with these disputes. If you are a
California resident, you waive California Civil Code section 1542, which states:
"A general release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which if
known by him must have materially affected his settlement with the debtor".
Information and Accuracy
For legal reasons, we cannot nor do we try to control the information provided
by other users that is made available through our system. You release us from
any and all liability with respect to information entered on or through WWW.COMMUNITYLIBRARY.ORG
that is offensive, harmful or inaccurate.
We have no control (and we will not seek to establish control) over the truth or
accuracy of a user's postings or content on the WWW.COMMUNITYLIBRARY.ORG Web Site and
Service. WWW.COMMUNITYLIBRARY.ORG assumes no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user communications or
personalization settings.
User Communications and Content
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"), whether
publicly posted or privately transmitted, are the sole responsibility of the
person or entity from which this Content originated. This means that you and not
WWW.COMMUNITYLIBRARY.ORG are entirely responsible for all Content that you upload, post,
email or otherwise transmit via the Service. WWW.COMMUNITYLIBRARY.ORG does not control
the Content posted via the Service and, as such, does not guarantee the
accuracy, integrity or quality of this Content. You understand that by using the
Service, you may be exposed to Content that is offensive, indecent or
objectionable. Under no circumstances will WWW.COMMUNITYLIBRARY.ORG be liable in any way
for any Content, including, but not limited to, for any errors or omissions in
any Content, or for any loss or damage of any kind incurred as a result of the
use of any Content posted, emailed or otherwise transmitted via the Service.
You agree to not use the Service to:
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a.
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upload, post, email or otherwise transmit any Content that is unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or racially, ethnically or
otherwise objectionable;
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b.
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harm minors in any way;
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c.
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impersonate any person or entity, including, but not limited to, a WWW.COMMUNITYLIBRARY.ORG official, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
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d.
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forge headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Service;
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e.
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upload, post, email or otherwise transmit any Content that you do not have a
right to transmit under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure
agreements);
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f.
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upload, post, email or otherwise transmit any Content that infringes any patent,
trademark, trade secret, copyright or other proprietary rights of any party;
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g.
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upload, post, email or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail", "spam", "chain letters",
"pyramid schemes" or any other form of solicitation, except in those areas (such
as shopping rooms) that are designated for such purpose;
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h.
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upload, post, email or otherwise transmit any material that contains 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;
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i.
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disrupt the normal flow of dialogue, cause a screen to "scroll" faster than
other users of the Service are able to type, or otherwise act in a manner that
negatively affects other users' ability to engage in real time exchanges;
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j.
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interfere with or disrupt the Service or servers or networks connected to the
Service, or disobey any requirements, procedures, policies or regulations of
networks connected to the Service;
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k.
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intentionally or unintentionally violate any applicable local, state, national
or international law, including, but not limited to, regulations promulgated by
the U.S. Securities and Exchange Commission, any rules of any national or other
securities exchange, including, without limitation, the New York Stock Exchange,
the American Stock Exchange or the NASDAQ, and any regulations having the force
of law;
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l.
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"stalk" or otherwise harass another; or
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m.
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collect or store personal data about other users.
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You acknowledge that WWW.COMMUNITYLIBRARY.ORG does not pre-screen Content, but that
WWW.COMMUNITYLIBRARY.ORG and its designees shall have the right (but not the obligation)
in their sole discretion to refuse or move any Content that is available via the
Service. Without limiting the foregoing, WWW.COMMUNITYLIBRARY.ORG and its designees
shall have the right to remove any Content that violates these terms and
conditions or is otherwise objectionable. You agree that you must evaluate, and
bear all risks associated with, the use of any Content, including any reliance
on the accuracy, completeness, or usefulness of the Content. In this regard, you
acknowledge that you may not rely on any Content created by WWW.COMMUNITYLIBRARY.ORG or
submitted to WWW.COMMUNITYLIBRARY.ORG.
You acknowledge and agree that WWW.COMMUNITYLIBRARY.ORG may preserve Content and may
also disclose Content if required to do so by law or in the good faith belief
that this preservation or disclosure is reasonably necessary to: (a) comply with
legal process; (b) enforce these terms and conditions; (c) respond to claims
that any Content violates the rights of third-parties; or (d) protect the
rights, property, or personal safety of WWW.COMMUNITYLIBRARY.ORG, its users and the
public.
You understand that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting
networks or devices.
Solely to enable WWW.COMMUNITYLIBRARY.ORG to use your Content, so that we are not
violating any rights you might have in that information, you agree to grant us a
non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable
(through multiple tiers) right to exercise the copyright and publicity rights
(but no other rights) you have in Your Content with respect to your Content.
WWW.COMMUNITYLIBRARY.ORG will only use information collected about you in accordance
with our Privacy Policy. For more information, please see our Privacy Policy.
Viruses
WWW.COMMUNITYLIBRARY.ORG IS NOT RESPONSIBLE FOR ANY VIRUSES OR DEFECTS THAT MAY BE FOUND
TO EXIST IN THIS SITE, OR ANY LOST PROFITS OR OTHER CONSEQUENTIAL DAMAGES THAT
MAY RESULT.
Advertisers
WWW.COMMUNITYLIBRARY.ORG does not warrant, endorse or guarantee any product or services
advertised on our Site, and we will not be a party to any transaction between
you and any advertiser or user.
WWW.COMMUNITYLIBRARY.ORG does not assume the responsibility of enforcing licensing
requirements, or of checking for license, with respect to licensed professions
or trades, prior to publishing advertisements. WWW.COMMUNITYLIBRARY.ORG does not assume
the responsibility of monitoring the use of trademarks, copyrights or other
rights of third parties.
Links To Third Party Sites
THE LINKS IN OUR SERVICE WILL FACILITATE LEAVING WWW.COMMUNITYLIBRARY.ORG SERVICE. THE
LINKED SITES ARE NOT UNDER THE CONTROL OF WWW.COMMUNITYLIBRARY.ORG AND WWW.COMMUNITYLIBRARY.ORG
IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED SITE OR ANY LINK CONTAINED IN A
LINKED SITE, OR ANY CHANGES OR UPDATES TO THESE SITES. WWW.COMMUNITYLIBRARY.ORG IS NOT
RESPONSIBLE FOR WEB CASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY
LINKED SITE. WWW.COMMUNITYLIBRARY.ORG IS PROVIDING THESE LINKS TO YOU ONLY AS A
CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY WWW.COMMUNITYLIBRARY.ORG
OF THE SITE OR ANY ASSOCIATION WITH ITS OPERATORS. THERE ARE RISKS IN
USING ANY INFORMATION FOUND ON THE INTERNET. WWW.COMMUNITYLIBRARY.ORG CAUTIONS USER TO
UNDERSTAND THESE RISKS BEFORE USING OR RELYING UPON ANYTHING IN THE INTERNET.
WWW.COMMUNITYLIBRARY.ORG DOES NOT ENDORSE, WARRANT OR GUARANTEE THE PRODUCTS OR SERVICES
DESCRIBED OR OFFERED IN THESE OTHER WEB SITES.
Termination Of Access
You agree that WWW.COMMUNITYLIBRARY.ORG, in its sole discretion, may terminate your
password, account (or any part thereof) or use of the Service, and remove and
discard any Content within the Service, for any reason, including, without
limitation, for lack of use or if WWW.COMMUNITYLIBRARY.ORG believes that you have
violated or acted inconsistently with the letter or spirit of these terms and
conditions. WWW.COMMUNITYLIBRARY.ORG may also in its sole discretion and at any time
discontinue providing the Service, or any part thereof, with or without notice.
You agree that any termination of your access to the Service under any provision
of these terms and conditions may be effected without prior notice, and
acknowledge and agree that WWW.COMMUNITYLIBRARY.ORG may immediately deactivate or delete
your account and all related information and files in your account and bar any
further access to such files or the Service. Further, you agree that WWW.COMMUNITYLIBRARY.ORG
shall not be liable to you or any third-party for any termination of
your access to the Service.
No Representations Or Warranties; Limitation Of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
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a.
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YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND CONTENT ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WWW.COMMUNITYLIBRARY.ORG EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AUTHORITY, COMPLETENESS,
USEFULNESS AND TIMELINESS.
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b.
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WWW.COMMUNITYLIBRARY.ORG MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE
WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED.
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c.
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ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS
DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
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d.
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NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM WWW.COMMUNITYLIBRARY.ORG OR THROUGH OR FROM THE SERVICE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
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YOU EXPRESSLY UNDERSTAND AND AGREE THAT WWW.COMMUNITYLIBRARY.ORG AND ITS PARENTS,
SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, TRUSTEES, MEMBERS, MANAGERS,
PARTNERS OR EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF WWW.COMMUNITYLIBRARY.ORG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, IN
CONNECTION WITH OR RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE
SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER
RELATING TO THE SERVICE.
Some states do not allow the disclaimer of implied warranties, so the foregoing
disclaimer may not apply to you. This warranty gives you specific legal rights
and you may also have other legal rights that vary from state to state. Some
states do not allow the limitation of liability, so the foregoing limitation may
not apply to you.
Use For Illegal Activities Prohibited
The use of WWW.COMMUNITYLIBRARY.ORG Service for any illegal activities is prohibited.
Illegal activities include, but are not limited to, tampering with information
data bases and software, unauthorized entry to other networks or computers,
trafficking in illegal products or substances, disobeying trade restrictions,
violating civil rights laws or knowledgeable vandalism or destruction of online
files. You shall comply with all applicable laws, statutes, ordinances and
regulations regarding your use of our service.
Security and Passwords
You will receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible for all
activities that occur under your password or account. You agree to (a)
immediately notify WWW.COMMUNITYLIBRARY.ORG of any unauthorized use of your password or
account or any other breach of security, and (b) ensure that you exit from your
account at the end of each session. You may not disclose or share your password
to any third parties or use your password for any unauthorized purpose. WWW.COMMUNITYLIBRARY.ORG
cannot and will not be liable for any loss or damage arising from your
failure to comply with this paragraph.
Indemnification
You agree to defend, indemnify and hold us and our affiliates, directors,
officers, members, managers, agents, consultants and employees harmless from and
against any and all claims, losses, liabilities, costs and expenses (including,
without limitation, attorneys' fees) arising from your violation of any of these
terms and conditions or any third party rights, including, without limitation,
infringement of any copyright, violation of any proprietary right and invasion
of any privacy rights.
Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in
connection with the Service ("Software") contain proprietary and confidential
information that is protected by applicable intellectual property and other
laws. You further acknowledge and agree that Content contained in sponsor
advertisements or information presented to you through the Service or
advertisers is protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. Except as expressly authorized by WWW.COMMUNITYLIBRARY.ORG
or advertisers, you agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the Service or the Software, in
whole or in part.
WWW.COMMUNITYLIBRARY.ORG grants you a personal, non-transferable and non-exclusive right
and license to use the object code of its Software on a single computer;
provided that you do not (and do not allow any third party to) copy, modify,
create a derivative work of, reverse engineer, reverse assemble or otherwise
attempt to discover any source code, sell, assign, sublicense, grant a security
interest in or otherwise transfer any right in the Software. You agree not to
modify the Software in any manner or form, or to use modified versions of the
Software, including (without limitation) for the purpose of obtaining
unauthorized access to the Service. You agree not to access the Service by any
means other than through the interface that is provided by WWW.COMMUNITYLIBRARY.ORG for
use in accessing the Service.
Copyright Complaints
It is WWW.COMMUNITYLIBRARY.ORG 's policy to comply with all intellectual property laws
and, in appropriate circumstances, to terminate the accounts of users who
infringe the intellectual property rights of others.
If you believe that your work has been infringed, please send a notice of
copyright infringement to WWW.COMMUNITYLIBRARY.ORG’s Designated Agent for Copyright
Infringement containing the following information:
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a.
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physical or electronic signature of the copyright owner or the person authorized
to act on behalf of the copyright owner;
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b.
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identification of the copyrighted work claimed to be infringed;
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c.
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description of where the alleged infringements are located in the Service;
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d.
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your name, address, telephone number, and email address;
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e.
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A statement of good faith belief that the material is infringing;
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f.
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A statement that the information in the
notification is accurate and that the complaint is authorized by the copyright
holder.
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Please send notices of copyright infringement to WWW.COMMUNITYLIBRARY.ORG’s Designated
Agent for Copyright Infringement:
Mastics-Moriches-Shirley Community Library
Once proper notice has been received, WWW.COMMUNITYLIBRARY.ORG may take the following
action:
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a.
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WWW.COMMUNITYLIBRARY.ORG will remove or block access to infringing material; and
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b.
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WWW.COMMUNITYLIBRARY.ORG will notify the subscriber of
the copyright infringement notification;
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The subscriber may provide a counter notice that contains the following
information:
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a.
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physical or electronic signature of the subscriber;
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b.
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identification of the material that has been removed or to which access has been
disabled;
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c.
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statement that the subscriber has a good faith belief that the material did not
constitute copyright infringement;
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d.
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subscriber's name, address, telephone number, and email address; and
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e.
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statement that the subscriber consents to
jurisdiction in federal court.
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If WWW.COMMUNITYLIBRARY.ORG receives a counter notification, it will forward this
notification to the original complaining party. If the complaining party does
not respond to the counter notice by filing a lawsuit, WWW.COMMUNITYLIBRARY.ORG will
restore the material or access to the material within 10 to 14 days of the
receipt of a counter notification.
General
Except as explicitly stated otherwise, any notices shall be given by email to
(in the case of
WWW.COMMUNITYLIBRARY.ORG ) or to the email address you provide to WWW.COMMUNITYLIBRARY.ORG
during the registration process (in your case), or such other address as the
party shall specify. Notice shall be deemed given 24 hours after email is sent,
unless the sending party is notified that the email address is invalid.
This Agreement shall be governed by and construed in accordance with the laws of
the State of New York without regard to any choice of law principles that could
result in the application of the laws of any other jurisdiction. All disputes,
differences, controversies or claims arising out of or relating to this
Agreement, including, but not limited to, any question regarding its existence,
validity, or termination, shall be finally and solely determined and settled by
arbitration in New York, New York in accordance with the Commercial Arbitration
Rules of the American Arbitration Association, which rules are deemed to be
incorporated by reference into this Section. The arbitration shall be conducted
by a sole arbitrator. The language of all arbitration proceedings shall be
English. The arbitral award shall state the reasons upon which the award is
based. Judgment upon any arbitral award may be entered and enforced in any court
of competent jurisdiction. We do not guarantee continuous, uninterrupted or
secure access to our Services, and operation of our Service may be interfered
with by numerous factors outside of our control. If any provision of this
Agreement is held to be invalid or unenforceable, such provision shall be struck
and the remaining provisions shall be enforced. Our failure to act with respect
to a breach by you or others does not waive our right to act with respect to
subsequent or similar breaches. You and WWW.COMMUNITYLIBRARY.ORG are independent
contractors, and no agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by this Agreement.
You hereby acknowledge that you have read this Agreement, understand it and
agree to be bound by its terms and conditions. You further agree that this is
the complete and exclusive agreement between us, and this Agreement supercedes
any proposal or prior agreement whether oral or written, and any other
communication between us relating to the subject matter of this Agreement.