PLEASE NOTE: YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND COMPLY WITH ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEN YOU MAY NOT USE THIS WEBSITE.

Terms and Conditions for Use

Welcome to the OverDrive College Download Library™ Website and the OverDrive College Download Library Service (collectively "Website"). This is a legal agreement between you ("You" or "User" or "End User") and OverDrive, Inc. ("We" or "Us" or "OverDrive") that states the material terms and conditions that govern your use of this Website. This agreement, together with all updates, supplements, additional terms, software licenses, and all of OverDrive's rules and policies collectively constitute the "Agreement" between you and OverDrive. By accessing this Website and using the services you agree to be legally bound by this Agreement. You also agree to comply with all laws and regulations applicable to the use of this Website, the Internet, and to the activities involved in using this Website.

Visitor On-line Conduct

You agree to use this Website only for lawful purposes. You agree to use this Website only for its intended purposes. OverDrive reserves the right to prohibit any conduct involving this Website that it deems to be inappropriate. You agree not to disrupt this Website. You agree not to interfere with or compromise the security of this Website, or any computer, server, account, network, data, software and/or hardware associated with this Website. You agree not to disrupt or interfere with any other visitor's use of this Website. You agree not to attempt to obtain access to any portion of this Website, any computer, server, account, network, software and/or hardware associated with the Website, from which you are restricted. You agree that you are solely responsible for any action you undertake while visiting this Website and that you will comply with all applicable local, state, national and international laws and regulations applicable to this Website and the Internet, including United States copyright and export regulations. You warrant that all information that you provide to gain access to the services provided by this Website is accurate and truthful.

OverDrive College Download Library Service

OverDrive is the creator and provider of the College Download Library Service and Website that permits users to select licensed and original digital materials ("Digital Content") for download and playback on a computer or compatible hardware device ("Device"). The College Download Library Service is not for use on public-facing computers, workstations or devices. You may not download Digital Content to any public-facing computer, workstation or device.

When you "checkout" or otherwise "download" (referred to herein, collectively as "Download") Digital Content from this Website, OverDrive grants you a limited, revocable, non-exclusive, non-transferable license to download or stream such Digital Content to your Device(s) solely for your personal non-commercial use. You shall not copy, reproduce, distribute or use the Digital Content in any other manner. You shall not sell, transfer, lease, modify, distribute or publicly perform the Digital Content in any manner and you shall not exploit it commercially. Do not (A) decompile, disassemble, or reverse engineer the Digital Content or attempt to do so; or (B) modify the Digital Content or create any derivative works therefrom.

Site Access License

OverDrive grants you a limited, revocable, non-exclusive, non-transferable license to access and make personal non-commercial use of this Website and not to download (other than page caching) or modify all or any portion of this Website. This license does not include any resale or commercial use of this Website or its contents; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Website and/or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without our express written consent. You shall not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of OverDrive, its content providers or its affiliates without express written consent. You shall not use any Meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you.

Downloading of Software

Any Software or service that is made available to download from this Website is the copyrighted work of OverDrive and/or its licensors. OverDrive does not transfer title to the Software to you. As between you and OverDrive, OverDrive retains full and complete right, title and interest in and to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer, reproduce, redistribute or disassemble the Software.

Security, Cracking and Hacking

You shall not violate or attempt to violate the security of this Website or the College Download Library Service. Accordingly, you shall not: (i) access data or materials not intended for you; (ii) log into a server or account which you are not authorized to access; or (iii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.

Disclaimer of Warranty, Limitation of Liability and Indemnity

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

DISCLAIMER OF WARRANTY, LIMITATION OF LIABILITY AND INDEMNITY

OVERDRIVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. OVERDRIVE NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR OVERDRIVE ANY OTHER LIABILITY IN CONNECTION WITH THE LICENSING OF THE DIGITAL CONTENT AND APPLICATION SERVICES AND YOUR USE OF THEM.

IN NO EVENT SHALL OVERDRIVE BE LIABLE FOR ANY DAMAGES ARISING FROM OR RELATED TO FAILURE OR INTERRUPTION OF THE APPLICATION SERVICES, OR FOR INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF OPPORTUNITY, LOSS OF USE, OR OTHER LOSS ARISING OUT OF OR IN CONNECTION WITH THE LICENSE, TRANSFER, OR USE OF THE APPLICATION SERVICES. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS OVERDRIVE AND ITS OFFICERS, EMPLOYEES, AGENTS, BUSINESS PARTNERS, LICENSORS, AND LICENSEES FROM ANY DAMAGES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) ON ACCOUNT OF ANY CLAIM, SUIT, ACTION, DEMAND, OR PROCEEDING MADE OR BROUGHT AGAINST ANY SUCH PARTY, OR ON ACCOUNT OF THE INVESTIGATION, DEFENSE, OR SETTLEMENT THEREOF, ARISING IN CONNECTION WITH YOUR USE OF THIS WEBSITE.

Privacy

OverDrive respects the privacy of visitors to its sites. OverDrive's College Download Library Privacy Policy is expressly incorporated herein by reference and made a part of this Agreement.

Copyright, Trademark and Intellectual Property

All information, content and material ("Content") comprising or made available by OverDrive through this Website (including, without limitation, any computer source or object code comprising this Website) is owned by or licensed to OverDrive. OverDrive and its licensors retain all rights in this Content.

All Content, including, but not limited to, the Website design, text, drawings, photographs, graphics, sound recordings, and video recordings are protected by copyrights owned by OverDrive and its licensors. The Content and any and all such copyrighted material may not be modified, copied, distributed, displayed, e-mailed, transmitted, sold or otherwise transferred, conveyed or used, in a manner inconsistent with services provided on the Website for Content owned or licensed by OverDrive or without the prior written consent of the copyright owner.

OverDrive is a distributor of content supplied by third parties. Accordingly, any opinions, advice, statements, offers, services, or other information or content expressed by third parties are those of the respective author(s) and not OverDrive. OverDrive neither endorses nor is responsible for the accuracy or reliability of information on this Website made by anyone other than authorized OverDrive employee spokespersons acting in their official capacities.

Use of Digital Content

You agree to only use the Digital Content (including but not limited to digital audio materials in the MP3 format in the event content in MP3 format is made available through the CDL Service) for your own personal, non-commercial use. You agree not to sell, distribute, broadcast, rent, share, lend, modify, adapt, edit, or sub-license the Digital Content. All rights, titles, and interest in the Digital Content are reserved, and you do not acquire any ownership rights in the Digital Content as a result of downloading the Digital Content. The license granted to you to use the Digital Content is for a one-time limited right to borrow the Digital Content for a specific, school designated, limited duration ("Lending Period"). You acknowledge and agree that at the end of the Lending Period all rights to access the Digital Content expire and terminate. At the end of the Lending Period, you agree to delete and/or destroy any and all copies of the Digital Content, including any copies that may have been transferred to, or created on portable devices, storage media, removable drives, CDs & DVDs. In the event OverDrive determines you are violating these Terms of Use, OverDrive reserves the right to suspend or terminate your ability to use the Website and to borrow Digital Content.

Termination of the Website and Associated Services

We reserve the right to modify, suspend or discontinue the Website (or any part thereof) or access to the Digital Content at any time with or without notice to you, and we will not be liable to you or to any third party should we exercise such rights.

Digital Millennium Copyright Act

We respect the intellectual property of others. If you believe that your copyrighted materials have been copied in a way that constitutes copyright infringement, please follow the procedure set forth in our Digital Millennium Copyright Act Notice Policy, which is expressly incorporated herein by reference and made a part of this Agreement.

Compliance with Law

This Website is owned by OverDrive. Visitors who choose to visit this Website from other jurisdictions do so on their own initiative. Those visitors are solely responsible for compliance with all laws, rules, and regulations, federal, state, local or foreign, applicable to the use of this Website and information, content, material and services contained herein.

Venue and Jurisdiction

Claims relating to this Website, to the use of this Website, and to the information, content, material and services available through this Website are governed by the laws of the United States and the State of Ohio as applicable. You hereby, unconditionally, voluntarily and irrevocably consent to submit to the exclusive jurisdiction of the United States District Court in Ohio, Northern District, Eastern Division, and the Courts of the State of Ohio in any claim or dispute concerning, relating to, or arising from this Website and any information received through this Website. You agree not to plead forum non-conveniens in any such action and you consent to service of process.

These terms of use were last updated on August 13, 2008.