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 TOTHESE TERMS. IF YOU DO NOT AGREE PLEASE REDIRECT YOUR BROWSER AND EXIT THE WEBSITE.
Welcome to www.midwesttape.com (the “Site”), which is owned and operated by Midwest Tape, LLC (“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”).)
3. 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.
4. 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;
(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;
(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.
5. 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.
6. 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:
a) A description of the copyrighted work that you claim has been infringed;
b) Identification of the URL or other specific location on the Site where the alleged infringing material is located;
c) 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;
d) 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;
e) 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 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: email@example.com
7. Voluntary Submission
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
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.
10. 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.
11. Third-Party Content
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.
12. Governing Law and Jurisdiction
13. 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.
14. Legal Compliance
15. Miscellaneous Terms
Midwest Tape will use commercially reasonable efforts to promptly respond and resolve any problem or question.
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