Terms of Use

Terms and Conditions for the Use of the North Country Library System Websites

The North Country Library System (NCLS) has created and maintains www.northcountrylibraries.org and certain related websites (the “NCLS Websites”) in order to make information about its programs, collections and resources available to our libraries and the public via the internet.  By using the NCLS Websites and their content, you are agreeing to comply with and be bound by the following terms and conditions.  NCLS reserves the right to change or amend these terms and conditions from time to time, and we encourage you to review them periodically.  Your use of the NCLS Websites also indicates your acceptance of any changes or amendments to these Terms and Conditions.

 

Use of Content from NCLS Websites

It is your obligation to determine and satisfy copyright or other use restrictions when publishing or otherwise distributing materials from the NCLS or NCLS Member Library collections.  You are solely responsible for determining whether the use of any digital object requires the permission of any other person or entity, and you are responsible for paying any associated fees.  If you have any questions about the legal issues surrounding the use of digital objects or copyright restrictions, you should contact your attorney prior to any personal use.

Privacy Limitations

NCLS is committed to the concept of protecting the privacy of our patrons.  NCLS has established certain procedures to enhance privacy protection but cannot guarantee that such procedures ensure total privacy when using its NCLS Websites and related services.

The following procedures are used by NCLS regarding personal information of its patrons.  In general, NCLS does not collect identifiable information about individuals such as names, postal or e-mail addresses except when such information is voluntarily provided by the patron.  Personally identifiable information is obtained from patrons during patron registration with a Member Library or updated during interaction with library staff.  Additionally, personally identifiable information may also be obtained in connection with other activities, services or resources made available on the NCLS Website or in person at one of our Member Libraries.

Unless NCLS explicitly states otherwise, any personally identifiable information provided to NCLS is maintained by and accessible only to staff of the North Country Library System and to the staff of the NCLS Member Libraries.  Except as set forth herein (or as required by state or federal law as well as if necessary for the proper operation of NCLS),  NCLS will not release personally identifiable information about our patrons, including their use of library materials and resources (whether electronic or in print, including but not limited to circulation records and specific internet or website resources).

Given that some pages of the NCLS Websites include links to other websites, patrons using these other website links do so with the acknowledgment that NCLS procedures for enhancing privacy information do not extend to these links since NCLS has no direct or indirect control over the procedures and policies governing these website links.

Disclaimers

  1. All materials on the NCLS Websites are provided “as is” without a warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular use, and/or non-infringement.  NCLS assumes no responsibility for damage to your computer or other property resulting from your use of the NCLS Websites.  You understand and agree that any downloading or obtaining of material or data through the NCLS Websites is done at your own risk.  In addition, we disclaim any and all responsibility or liability for the accuracy, reliability, and legality of materials found on the NCLS Websites.

 

IN NO EVENT SHALL NCLS OR ANY OF NCLS’s TRUSTEES, EMPLOYEES, MEMBER LIBRARES OR AFFILIATED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECAL, INCIDENTAL, CONSEQUENTAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE NCLS WEBSITES OR THE CONTENT, MATERIALS AND FUNCTONS RELATED THERETO.

  1. Some pages on the NCLS Websites include links to other websites.  NCLS has not reviewed all of these websites and is not responsible for the content of these websites.  NCLS provides these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by NCLS.
  2. NCLS offers access to a broad range of information and materials, including certain materials that may contain offensive language or negative stereotypes.  You should view such materials in the historical context in which they were created.  All historical media are presented as specific, original artifacts, without further enhancement to their appearance or quality, as a record of the era in which they were produced.  In viewing such material, parental discretion is advised.
  3. Any discussion or opinions expressed through blogs found on the NCLS Websites are not to be considered or construed as the opinions or views of NCLS, its Trustees or staff.

Applicable Law

Any legal action brought against NCLS shall be governed by the laws of the State of New York unless federal law applies.  Any claim asserted against NCLS shall be heard and determined in the federal or state court whose venue is nearest to Watertown, New York.

Indemnity

You agree to defend, indemnify and hold NCLS and its Trustees, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising out of or relating to your use of the NCLS Websites, including links to other websites, your placement or transmission of any message, content, information, software or other materials through the NCLS Websites, or your violation of the law or of these Terms and Conditions.  In any action for indemnification, NCLS reserves the right, at its own expense to assume exclusive defense of such case, and you agree to cooperate with NCLS’s defense of such claim.

Notices

By using the NCLS Websites, you agree to receive electronic communications from NCLS, whether addressed to the e-mail address associated with your Library account.  You acknowledge and agree that any communication via e-mail satisfies any legal requirement that such communications be made in writing.

Severability

The provisions of these Terms and Conditions are severable.  If for any reason any provision of these Terms and Conditions is held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction  The failure of NCLS to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

 

 

(This Terms and Conditions document was approved by the NCLS Board of Trustees, May 28, 2009.)