Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING THIS WEBSITE, REGISTERING FOR AN ACCOUNT, OR USING ANY OF ITS FEATURES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE PLEASE REDIRECT YOUR BROWSER AND EXIT THE WEBSITE.

  1. General

This website (the “Site”) is owned and operated by Midwest Tape, LLC (“Midwest Tape,” “CVS Midwest Tape,” “we” “us,” or “our”).

Midwest Tape is a full-service media distributor offering a wide variety of workflow solutions, shelf-ready content, customized services, and the hoopla® platform for our Libraries (“Library” or “Libraries” includes libraries and other organizations that wish to make our products and platform available to their authorized users (“Patrons”).)

  1. Terms

This Terms & Conditions of Use Agreement (“Agreement” or “Terms of Use”) sets forth guidelines for the use and viewing of our Site. By using the Site you (as a “User”) agree to these Terms of Use. A “User” is defined as any visitor to the Site, including both registered and unregistered visitors. Certain areas or features of the Site may be restricted to Users who have obtained an ID and password by completing a registration process. You agree to notify Midwest Tape immediately if you believe your ID, password, or other identifying information has been lost, stolen, or otherwise compromised.

Midwest Tape reserves the right, at its sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. Midwest Tape will post any changes to these Terms of Use on the Site. We encourage you to periodically review this page for the latest information on our Terms of Use.

Registered Users agree that their account may be subject to the agreements Midwest Tape has with a User’s affiliated Library (e.g., hoopla agreements) and that these Terms of Use may not apply in the event of a conflict between these Terms of Use and the agreement between Midwest Tape and a User’s affiliated Library. Registered Users further agree that certain products or services are subject to separate licensing agreements that govern the use of those products or services.

  1. Registration Process

To become a registered User, the User must be affiliated with a recognized Library partner; complete the registration process by providing Midwest Tape with current, complete, and accurate information, as more specifically required by the registration procedures; and be approved as a User by Midwest Tape. By way of illustration and not limitation: to be approved, a prospective registered User may be required to specify a username and password, as well as provide a name, title, legitimate email address, and certain verifiable information about the Library with which the prospective registered User is affiliated.

 

Each registered User shall maintain and update their registration profile data, to ensure that it is always current, complete, and accurate. At its sole discretion, Midwest Tape may refuse to approve any User’s registration for any reason.

 

Upon approval, Midwest Tape will provide access credentials to the registered User. Each registered User, along with their affiliated Library, will be responsible for all activities under the User’s account. A User may only register for and maintain one (1) account.

 

  1. User Account Obligations

A User, by registering for an account on the Site, specifically consents to the storage and processing of personal information. In consideration of use of midwesttape.com, a User agrees to:

 

(1)        Provide true, accurate, current, and complete information about their self and their affiliated Library, as requested; and

 

(2)        Maintain and promptly update their information to keep it true, accurate, current, and complete.

 

Midwest Tape has the right to suspend or terminate a User account for any reason.

 

Furthermore, a User may not:

 

(1)        Select or use a name of another person with the intent to impersonate that person or that we deem inappropriate; or

 

(2)        Use the rights of any person other than yourself (the User) or your affiliated Library without authorization; or

 

(3)        Register as a User if you are under the age of 18.


User further agrees that the Library in which a registered User is affiliated with may be notified of the existence of the User’s account and has the right to: (1) control and administer User’s account, including setting and restricting Site permissions; and (2) to access and process User’s data, including ordering and transaction history.

  1. Copyright, Trademark, and Site Mark Information

All literary and other works in any form on the Site, including all sample content, designs, text, graphics, pictures, video, audio, audiobooks, information, applications, software, music, sound, and other files, including their selection and arrangement (each, “Digital Content”), are the exclusive property of Midwest Tape or its licensors or other third parties, and are protected by copyright, trademark, and other intellectual property laws.  Users may not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the content of any Digital Content, in whole or in part.

Midwest Tape® and the hoopla® name and logo are registered trademarks and may not be used in connection with any product or service that is not provided by Midwest Tape, or in any manner that is likely to cause confusion, or in any manner that disparages or discredits Midwest Tape and/or its hoopla offering.

Other trademarks displayed on the Site are the trademarks of their respective owners and may only be used with the permission of the owner. The display of the trademarks of third parties constitutes neither: (i) an endorsement or recommendation of those third parties; nor (ii) an endorsement of Midwest Tape or hoopla by those third parties.

  1. Notification of Claimed Copyright Infringement

If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify Midwest Tape by providing our copyright agent the following information:

  1. A description of the copyrighted work that you claim has been infringed;
  2. Identification of the URL or other specific location on the Site where the alleged infringing material is located;
  3. Your name, address, telephone number, email address, and statement that you are an authorized person to act on behalf of the owner of the copyright;
  4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  5. An affidavit submitted by you, sworn to and made under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are an authorized agent to act on behalf of the copyright owner.

 

Pursuant to Section 512 of the Copyright Revision Act, as amended by the US Digital Millennium Copyright Act, Midwest Tape designates the following individual as its agent for receipt of notifications of claimed copyright infringement:

Midwest Tape, LLC

1417 Timberwolf Drive

Holland, Ohio 43528

Attention: Copyright Notice

By Email: copyright@midwesttape.com

 

  1. Voluntary Submission

Midwest Tape may collect User information that is voluntarily provided by a User or with the User’s permission. For example, we may ask for information, such as an email address, when a User registers for an account or subscribes to our e-newsletters and other marketing materials.

In addition to these Terms and Conditions, the User agrees to the collection and use of their personal information as provided in Midwest Tape's Privacy Policy.

  1. Disclaimer

WE ARE COMMITTED TO PROVIDING USERS AND LIBRARIES THE BEST PRODUCTS AND SERVICES. THE WEBSITE, HOWEVER, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

THE USER AGREES THAT USE OF THE SITE IS AT THEIR SOLE RISK. NEITHER MIDWEST TAPE, ITS AFFILIATES, NOR ANY OF ITS OR THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE OR THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION PROVIDED THROUGH THE WEBSITE.

IN NO EVENT WILL MIDWEST TAPE, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE), OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE, OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

  1. Indemnification

Users agree to defend, indemnify, and hold harmless Midwest Tape and its affiliates, and its and their respective directors, members, officers, employees, and agents, from and against any and all claims, actions, demands, damages, costs, liabilities, losses, and expenses (including reasonable attorneys' fees) arising out of the use of the Site, including but not limited to the violation of this Agreement or infringement of any intellectual property rights relating to or associated with the Site or the content displayed on the Site.

  1. Technology Export Control

Through the Bureau of Industry and Security and its use of the Export Administration Regulations, the United States government has implemented export control laws that regulate the export and re-export of technology originating from within the United States, including electronic transmission of information or software. The export control laws regulate the exporting or re-exporting of this technology to foreign countries and to certain foreign nationals.  A User agrees to abide by these laws and regulations, including but not limited to, the Export Administration Act, U.S. Foreign Corrupt Practices Act, and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any Digital Content from the Site to either a foreign national or foreign destination in violation of such laws.

  1. Third-Party Content

The Site includes links to sites owned and maintained by third parties not related to Midwest Tape. Any such links to the websites or other properties of third parties are provided for your convenience only, and such links do not imply endorsement by Midwest Tape of such third parties or the content contained therein. We are not responsible for the availability of, or the content or products offered or displayed on or through any third-party website or other property. A User should contact those third parties with any concerns regarding such links. Use of any third party links is subject to the terms and conditions of use and privacy policies of the third parties. We encourage Users to review all of the third parties’ policies and terms of use.

Midwest Tape disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity concerning any third parties and their product or content offerings, and any recourse for dissatisfaction or problems with any third party must be directed to the third party and not Midwest Tape.

Any opinions, advice, statements, offers, or other information or content expressed or made available by third parties are those of the third party and not of Midwest Tape. Site links to the websites or other properties of third parties are not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with Midwest Tape.

Additionally, as a User you are prohibited from hot-linking, in-line linking, and/or engaging in any other linking method of incorporating parts of the Site into another website or any third party without the prior written consent of Midwest Tape.

  1. Governing Law and Jurisdiction

All matters relating to the Site and these Terms of Use will be governed by and interpreted pursuant to the laws of the United States and the State of Ohio, United States of America, notwithstanding any principles of conflicts of law. By accessing the Site, the User agrees to submit to the jurisdiction of the State of Ohio and further agrees that Lucas County, Ohio shall serve as the exclusive venue for any disputes relating to the Site. You agree to resolve any claims relating to the Site through final and binding arbitration in Lucas County, Ohio, before a single arbitrator. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. You further agree to waive any defense of inconvenient forum in connection with the maintenance of any action or proceeding so brought. You may only resolve disputes with Midwest Tape on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

  1. Compliance with Laws and International Use

Users agree to assume knowledge of all applicable laws and are responsible for compliance with any and all such laws. Users may not use the Site in any way that violates applicable state, federal, or international laws, regulations, or other government requirements.

Furthermore, we make no representation that the Site or the Digital Content on the Site is appropriate or available for use by particular audiences or in any particular locations outside the United States, nor do we approve of accessing them from territories where such Digital Content is prohibited. Those who choose to access the Site from locations outside of the United States do so on their own initiative and at their own risk, and are responsible for compliance with those local laws and regulations.

  1. Legal Compliance

Midwest Tape reserves the right to use any information available by virtue of use of the Site (including, for example, reverse IP address inquiry) in order to comply with any law, to enforce our Terms of Use or Privacy Policy, or to protect the rights or property of Midwest Tape and its affiliates and partners.

  1. Miscellaneous Terms

These Terms of Use, along with any agreements between Midwest Tape and User’s affiliated Library or separate licensing agreements for certain products and services, constitute the entire agreement and understanding between Midwest Tape and the Users of the Site, superseding any prior agreements and understandings, and govern use of the Site. Our failure to enforce or exercise any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is determined to be unlawful, void, or unenforceable for any reason, the other provisions (and any partially-enforceable provisions) shall not be affected thereby and shall remain valid and in full force and effect. These Terms of Use may be assigned by Midwest Tape, in our sole discretion, to third parties, including in the event of a merger or acquisition. The section titles and headings in these Terms of Use are for convenience only and have no legal or contractual effect.

No agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms of Use.

Any rights not expressly granted herein are reserved by and for Midwest Tape.

Midwest Tape will use commercially reasonable efforts to promptly respond and resolve any problem or question.

These Terms are effective as of 11/04/2020.

© Copyright 2020, Midwest Tape, LLC. All Rights Reserved.