Terms & Agreement

IDG Terms and Agreement

Agreement Between User and Ingram Digital Group (“IDG”)

Read this AGREEMENT carefully before using this service and the associated content. This Web site is offered to the USER conditioned on acceptance by the USER without modification of the terms, conditions, and notices contained herein. It is accessible through the use of a USER ID and PASSWORD assigned and/or controlled by the administrator of the USER. This Web site may contain ordering, shipping, and other account information that is confidential about your business/institution.


This Web site is controlled and operated by IDG from its offices in the United States. IDG makes no representation that materials in the Web site or the products are appropriate or available for use in all locations. Access to them from countries or territories where content is illegal is prohibited. Those who access this Web site are responsible for compliance with all applicable laws.


By accessing and using this Web site, the USER is deemed to have agreed to all such terms, conditions, and notices (the "AGREEMENT").


Copyright Notice for Copyrighted Materials

All digital content that is made available through IDG software and services is protected by copyright law. Copyright in the digital content is held by the rightsholders.


The digital content may only be used for USER’s non-commercial, personal use. USER will not modify, publish, license, create derivative works from, transfer, emailed, transmitted or sell any information or software obtained from the digital content in a manner inconsistent with this Agreement. USER will not assign, redistribute, lend, modify, adapt, sub-license or transfer the digital content. Any reproduction or redistribution of the software or digital content not in accordance with this Agreement is expressly prohibited.


Digital content that has been downloaded from a library will have a specific lending and after such lending period the license to the digital content will terminate. Such digital content shall not be accessed or used after the lending period expires and USER are required to delete and/or destroy any copies of the digital content. If it is determined that USER is violating the terms and conditions of the digital content, Ingram Digital, the library or the rightsholders have the right to suspend or terminate USER’s access to any IDG software, service or digital content.

Use of this Web Site

USER represents and warrants that he or she possesses the legal right and ability to enter into this AGREEMENT and to use this Web site in accordance with all terms and conditions herein. USER agrees to be financially responsible for all use of this Web site (as well as for use of USER's account by others). USER agrees not to assign, transfer, or sublicense USER's rights pursuant to this AGREEMENT. USER may not allow anyone other than USER to use this Web site under USER's name or account. USER hereby agrees to pay all charges that they incur and to be responsible for all other aspects of their usage.


Under this Agreement, IDG grants to USER a limited, revocable, non-exclusive, non-transferable license to download such digital content from the web site to your computer or device solely for USERs personal non-commercial use.


Without limitation, USER shall not make any speculative, false, or fraudulent transaction or any transaction in anticipation of demand. USER agrees that any use of this Web site shall be used only to make legitimate use for USER, or for another person for whom USER is legally authorized to act. USER agrees to abide by the terms or conditions of this Agreement. Any information provided in this Web site in no way alters, modifies, or supersedes any other agreement between your library and Ingram Digital.


This Web site is for the USER's non-commercial, personal use. USER may not modify, publish, license, create derivative works from, transfer, or sell any information, software, or services obtained from this Web site. USER may copy, distribute, transmit, display, and reproduce information from this Web site for personal use only. USER shall not download any file that the USER knows, or reasonably should know, cannot be legally distributed via this Web site. USER agrees not to attempt to obtain access to any portion of this Web site, any computer, server, account, network or software associated with the Web site from which USER is restricted. USER agrees to be solely responsible for any actions USER undertakes on the Web site and USER agrees to comply with all applicable local, state, national and international laws and regulations applicable to this Web site, including applicable copyright laws. USER warrants that all information that USER provides to gain access to the Web site and content is accurate and truthful. Any reproduction or redistribution of the software or content not in accordance with this Agreement is expressly prohibited.


Copyright and Trademark Notices

All contents of this Web site are: Copyright © 2008 Ingram Digital and/or its suppliers, One Ingram Blvd, La Vergne, Tennessee 37086-3629, U.S.A. All rights reserved. Product and manufacturer names and logos are manufacturer trademarks. Some of the reviews posted on this Web site are sourced from Publishers Weekly, Library Journal, Criticas, and School Library Journal, and are copyrighted, owned, and published by Reed Business Information, a division of Reed Elsevier, Inc. The reviews posted are used with permission of Reed Business Information. Other reviews are reprinted with permission of The Horn Book, Inc. and are copyrighted by The Horn Book, Inc. Booklist, a unit of the American Library Association, also furnishes certain reviews that are published in Booklist and are reprinted with permission of Booklist, American Library Association. No use of the reviews can be made other than as set forth in this TERMS AND AGREEMENT without the express written consent of Reed Business Information or The Horn Book, Inc. or the American Library Association as applicable.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. IDG AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEB SITE AT ANY TIME. IDG AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. IDG AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IN NO EVENT SHALL IDG AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF IDG AND/OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS HAVE LIMITATIONS ON THE APPLICABILITY OF DISCLAIMERS OR DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Restrictions On Use of Web Site

USER agrees that when using this Web site, the USER shall not:

  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

  • Publish, post, distribute, or disseminate any defamatory, infringing, obscene, indecent, or unlawful material or information.

  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless the USER owns or controls the rights thereto or has received all necessary consents.

  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

  • Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded.

  • Falsify the origin or source of software or other material contained in a file that is uploaded.

  • Advertise or offer to sell any goods or services, or engage in unauthorized surveys, contests, chain letters, or for any commercial purpose.

  • Download any file that the USER knows, or reasonably should know, cannot be legally distributed via this Web site or is not intended for USER to access.

  • Redistribute, sell, decompile, reverse-engineer or disassemble the software, content or other material on the Web site.

IDG reserves the right for any reason to remove without notice any contents of this Web site received from USERS, including without limitation, bulletin board postings. IDG reserves the right to deny in its sole discretion any USER access to this Web site or any portion thereof without notice. IDG reserves the right to edit any notices or postings for clarity and length.


The USER acknowledges that chats, conferences, bulletin boards, and any other such communications forums hosted by this Web site are public and not private communications. Further, the USER acknowledges that chats, postings, conferences, and other communications by other users are not endorsed by IDG, and such communications shall not be considered reviewed, screened, or approved by Ingram Digital.

Links to Third Parties' Web Sites

This Web site may contain links and pointers to Internet sites maintained by third parties. IDG does not operate or control in any respect any information concerning the products or services on such third party sites. Third party links and pointers are included solely for the convenience of users, and do not constitute any endorsement by IDG and/or its suppliers. USER assumes sole responsibility for use of third party links and pointers.

Software Available on This Web Site

Any software that is made available to download from this Web site ("Software") is the copyrighted work of IDG and/or its suppliers. Use of the Software is governed by the terms of the end user license AGREEMENT, if any, which accompanies or is included with the Software ("License AGREEMENT").


For any Software not accompanied by a license AGREEMENT, the following shall constitute the License AGREEMENT: IDG hereby grants to the USER a personal, nontransferable license to use the Software for viewing and otherwise using this Web site in accordance with these terms and conditions, and for no other purpose.


Please note that all Software, including without limitation all HTML code, Java Applets, and Active X controls contained in this Web site, is owned or licensed by IDG and/or its suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties.


WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, IDG HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

RESTRICTED RIGHTS LEGEND.

Any Software which is downloaded from this Web site for or on behalf of the United States of America, its agencies, and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Ingram Digital Group, One Ingram Blvd, La Vergne, TN 37086-3629.

Use of Information

The name, address, and payment information (if applicable) that the USER provides via this Web site, together with information regarding the manner in which the USER uses this Web site, will not be processed or disclosed by IDG except as permitted by these terms and conditions. By being a user of this Web site, the USER agrees that IDG may share with other parties aggregate information, individual information, and locator information gathered by IDG in the course of the USER's continuing individual use of this Web site. "Aggregate information" is information that describes the habits, usage patterns, and/or demographics of users as a group, but does not describe or reveal the identity of any particular user. "Individual information" is information about a user that is presented in a form distinguishable from information relating to other users, but not in a form that personally identifies any user or enables the recipient to communicate directly with any user. "Locator information" consists of a user's name, email address, physical address, and/or other data about the user that enables the recipient to personally identify the user. Any USER who does not wish to receive any special offers or communications from IDG on behalf of suppliers, or directly from IDG or its affiliates, may so notify IDG at the email address listed below under SERVICE CONTACT. (Note that a user's election not to receive such information will not affect the user's receipt of offers and communications that were processed prior to the user's election.) Users may contact IDG to determine whether such information has been accurately recorded and, if not, to request correction of any inaccuracies in the information recorded by Ingram Digital.

Cookies

IDG uses cookies so that it may customize this Web site for your business/institution. A cookie is a series of data characters that, when programmed into a Web site, is placed by the Web server into the browser's application folder on your computer. The cookie will allow this Web site to associate you with your information.

Indemnity

To the extent allowed by law, as a condition of use of this Web site, the USER agrees to indemnify IDG and its suppliers from and against any and all liabilities, expenses (including attorneys' fees), and damages arising out of claims resulting from USER's use of this Web site, including without limitation any claims alleging facts that if true, would constitute a breach by USER of these terms and conditions.

Service Contact

Contact customerservice@ingramdigital.com <mailto:customerservice@ingramdigital.com> with questions about content or functionality with this Web site.

Modification of These Terms and Conditions

IDG reserves the right to change this AGREEMENT at any time by revising the terms and conditions herein. USER is responsible for regularly reviewing these terms and conditions. (This AGREEMENT will be provided for your review from a link off the Web site.) Continued use of this Web site following any such changes shall constitute the User's acceptance of such changes.

General

IDG reserves the right to make any and all changes to this Web site at its sole discretion without notice to the USER. IDG reserves the right to deny access to this Web site to anyone at anytime.


This AGREEMENT shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this Web site; provided, however, that in the event of a conflict between such other terms and the terms of this AGREEMENT, the terms of this AGREEMENT shall control.


This AGREEMENT is governed by the laws of the State of Tennessee, U.S.A. USER consents to the exclusive jurisdiction and venue of courts in Davidson County, Tennessee, U.S.A. in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, excepting limitations in the Liability Disclaimer, including without limitation this paragraph.


USER acknowledges that no joint venture, partnership, employment, or agency relationship exists between the USER and IDG as a result of this AGREEMENT or use of this Web site. USER agrees not to hold himself or herself out as a representative, agent, or employee of Ingram Digital, and IDG shall not be liable for any representation, act, or omission of the USER.


If any part of this AGREEMENT is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the AGREEMENT shall continue in effect.


This AGREEMENT constitutes the entire agreement between the USER and IDG with respect to this Web site and it supersedes all prior agreements. A printed version of this AGREEMENT and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this AGREEMENT to the same extent and subject to the same conditions as other business documents and records.


Any rights not expressly granted herein are reserved.

© 2008 Ingram Digital Group