The following Terms and Conditions of Use (“Terms”) is an
agreement between you, the user (“you”), and Living By Discovery Library, and
its affiliates (“Living By Discovery Library” or “we”) with respect to your use
of the Living By Discovery Library websites, including any subdomains or web
services available thereon (the “Site”).
Acceptance of Terms and Conditions of Use
By using the Site, you agree to comply with these Terms and
Conditions. Please carefully review them. If you do not agree to comply with
these Terms and Conditions, please do not access or use the Site or any of its
Content (as defined herein).
These Terms may be revised or updated from time to time.
Please check the Terms regularly for updates. Each time you access, use or
browse the Site, you signify your acceptance of the then-current Terms. Any
material changes in these Terms takes effect upon posting and apply only to
your use of the Site and information collected from you on and after Last
Updated date unless we have other communications with you.
We may modify, suspend or discontinue, temporarily or
permanently, the Site or the Content of the Site at any time. In
addition, Living By Discovery Library may suspend, discontinue,
restrict or terminate your use of the Site at any time for any reason or no
reason with or without notice. Living By Discovery Library will not be
liable to you or any third party for any such suspension, discontinuance,
restriction or termination.
You represent and warrant that you are at least 18 years of
age and possess the legal authority, based on the country/state of your
residence, to enter into this Agreement, access the Site and use Living By
Discovery Library products and services. If you intend to access and use Living
By Discovery Library products and services for a minor, you must be the
legal guardian for such minor and agree that you will supervise all usage on
such minor account.
Permitted Uses
The content available through the Site, including without
limitation text, graphics, brochures, materials, charts, audio, animation,
videos, logos, icons, images, media, data, the look and feel of the Site,
software, products, features, tools and other information, materials or
services available on, or from, the Site (the “Content”) is the sole and
exclusive property of Living By Discovery Library, its licensors, or
other content providers.
The Content is made available for your personal,
noncommercial use. You agree to abide by any posted limitations relating to
use, reproduction or dissemination of any Content. Any use of the Site or
Content in any way not expressly permitted by these Terms is prohibited and may
be actionable under United States or international law. Any rights not
expressly granted by these Terms are expressly reserved by Living By
Discovery Library.
Living By Discovery Library hereby grants you
permission to access and use the Site subject to the following express
conditions, and you agree that your failure to adhere to any of these
conditions shall constitute a breach of the Terms on your part:
· You agree not to
access (or attempt to access) any of the services by any automated means
(including use of scripts or web crawlers) or means other than through the
interface that is provided by Living By Discovery Library.
· You agree that
you will not engage in any activity that interferes with or disrupts the Site,
or the servers and networks which are connected to the Site.
· You will not
interfere with, or disrupt, (or attempt to do so), the access of any user, host
or network, including, without limitation, sending a virus, overloading,
flooding, spamming, mail-bombing the Site, or by scripting the creation of
Content in such a manner as to interfere with or create an undue burden on the
Site. In addition, you are prohibited from violating or attempting to violate
the security of the Site by, for example, attempting to access data not
intended for you or logging into a server or account you are not authorized to
access. Violations and attempted violations of system or network security may
result in civil or criminal liability. Living By Discovery Library will
investigate occurrences and may involve, and cooperate with, law enforcement
authorities in prosecuting any user or users who are involved in such
violations.
· You agree that
you will not reproduce, duplicate, copy, sell, trade or resell the Content,
products or services available on the Site for any purpose
· You agree that
you are solely responsible for (and that Living By Discovery Library has
no responsibility to you or to any third party for) any breach of your
obligations under the Terms and for the consequences (including any loss or
damage which Living By Discovery Library or any third party may suffer)
of any such breach.
Special terms may apply to some products, services or
features offered on the Site, or to any promotions, sweepstakes, contests,
surveys, questionnaires, or other activities (collectively, “Activities“)
that may be offered on the Site or offline. Such special terms or rules (which
may include official rules and expiration dates) may be posted in connection
with the applicable Activity. By participating in any Activity you will become
subject to those terms or rules. We urge you to read the applicable terms or
rules which are linked from the Activity, and to review our Privacy Policy
which, as part of these Terms, governs any information you submit in connection
with such Activities. Any special terms or rules are in addition to these Terms
and, in the event of a conflict, any such terms or rules shall prevail over
these Terms.
Proprietary Rights
You acknowledge and agree that, as between Living By
Discovery Library and you, all rights, title, and interest in and to the
Site and the Content, including without limitation any patents, copyrights,
trademarks, trade secrets, inventions, know-how, and all other intellectual
property and proprietary rights, are owned exclusively by Living By
Discovery Library, or its suppliers, vendors, merchants, licensors, or
Activities partners or sponsors, and are protected by United
States/International intellectual property and other applicable laws.
Trademarks: The trademarks, service marks,
logos, slogans, trade names and trade dress used on the Site are proprietary to
Living By Discovery Library or its suppliers, vendors, merchants,
licensors, or Activities partners or sponsors. Living By Discovery Library
reserves all rights in and to the Living By Discovery Library and LBDLibrary.com
trademarks, and you agree not to use such marks in any connection with any
product or service, in any manner that is likely to cause confusion among
customers, or in any manner that disparages or discredits Living By
Discovery Library. All other trademarks, service marks and logos used in
this Site are the trademarks, service marks or logos of their respective
owners. Third party trademarks referenced on the Site do not constitute or
imply affiliation with or endorsement of Living By Discovery Library by
the respective trademark owners, or by Living By Discovery Library of
the respective trademark owners.
Copyright: All Content, including material made
available for download from the Site, is the copyright and property of Living
By Discovery Library or its suppliers, vendors, merchants, licensors, or
Activities partners or sponsors, and protected by English and international
copyright laws. You agree not to copy, reprint, republish, modify, distribute,
transmit, republish, sell, resell or exploit, or create derivative works based
upon, any portion of the Site or the Content, for any purpose, or in any form
or media, other than as expressly authorized by Living By Discovery Library
in writing. You shall not alter, obscure or remove any proprietary notices,
including copyright notices, contained on any downloaded materials.
Warranty Disclaimer and Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE,
INCLUDING ANY CONTENT CONTAINED WITHIN OR ACCESSED FROM THE SITE, IS PROVIDED
“AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EITHER EXPRESSED OR IMPLIED, AND LIVING BY DISCOVERY LIBRARY HEREBY
DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
THE SITE AND CONTENT SHOULD NOT BE RELIED UPON FOR PERSONAL,
MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE
PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, THE CONTENT AND ANY
THIRD-PARTY WEBSITES OR SERVICES ACCESSED OR REFERENCED FROM THE SITE. WITHOUT
LIMITING THE FOREGOING, LIVING BY DISCOVERY LIBRARY AND/OR ITS LICENSORS
AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS OR ACCURACY OF ANY OF THE CONTENT ON THE SITE, OR THAT
THE SITE, ITS SERVERS OR E-MAILS SENT FROM LIVING BY DISCOVERY LIBRARY
OR ITS SERVICE PROVIDERS ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LIVING BY
DISCOVERY LIBRARY AND/OR ITS LICENSORS AND SUPPLIERS ARE NEITHER
RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN
ANY WAY TO THE SITE OR CONTENT AVAILABLE ON OR ACCESSED FROM THE SITE, AND/OR
ANY THIRD PARTY WEBSITES OR SERVICES ACCESSED OR REFERENCED FROM THE SITE, OR
OTHERWISE ARISING OUT OF YOUR USE OF THE SITE, WHETHER BASED IN CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LIVING BY DISCOVERY
LIBRARY IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME
STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, THE CONTENT AND/OR ANY
THIRD-PARTY SITE OR SERVICES IS TO STOP USING THE SITE, CONTENT AND/OR THOSE
SERVICES.
Although Living By Discovery Library attempts to
ensure the integrity and accurateness of the Site, it makes no guarantees
whatsoever as to the correctness or accuracy of the Site. It is possible that
the Site could include inaccuracies or errors. In the event you find an
inaccuracy, please inform Living By Discovery Library
(support@LBDLibray.com) so that it can be corrected.
Accounts on Living By Discovery Library
If you create an account on the Site, you are responsible
for protecting the confidentiality of your account and password and for
restricting access to your account. You understand and agree that you are
responsible for all activities that occur under your account or password,
whether by you or others. You agree to (a) log out of your account at the end
of each session; (b) keep your password confidential and not share it with
anyone else; and (c) immediately notify Living By Discovery Library of
any unauthorized use of your password or account or any other breach of
security. You are solely responsible (to Living By Discovery Library
and others) for all activity that occurs under your Living By Discovery
Library account. If you have the ability to upload materials to your
account, you are solely responsible to backup such materials. Living By
Discovery Library reserves the right to delete or remove any materials
uploaded to any account at any time in its sole discretion. Living By
Discovery Library is authorized to act on instructions received through use
of your password, and is not liable for any loss or damage arising from your
failure to comply with this Section. By creating or maintaining an account, you
consent to receipt of notices and disclosures in an electronic format, to the
extent permitted by law.
Links or Pointers to Other Sites
The Site may contain advertisements, postings and links to
websites, applications or services operated by other parties. The Site provides
these advertisements, postings and links as a convenience, and your use of
other websites, applications or services is at your own risk. The
advertisements, postings and linked sites are not under the control of Living
By Discovery Library, which is not responsible for their content or privacy
practices. Living By Discovery Library makes no representations
whatsoever about any other website that you may access though this Site. In
addition, a hyperlink to another website from the Site does not mean that Living
By Discovery Library endorses or accepts any responsibility for the
content, or the use, of the linked site. It is up to you to take precautions to
ensure accuracy of the information and that whatever you select for your use or
download is free of such items as viruses, worms, trojan horses, and other
items of a destructive nature. You acknowledge and agree that Living By
Discovery Library is not responsible or liable, directly or indirectly, for
any damage, loss or other claim caused or alleged to be caused by or in
connection with, access to, use of or reliance on any content available on or
through any other site or resource.
Choice of Law and Venue
The English courts will have exclusive jurisdiction over any
claim arising from, or related to, a visit to our site although we retain the
right to bring proceedings against you for breach of these conditions in your
country of residence or any other relevant country. These terms of use are
governed by English law. In the event that any of the Terms are held by a court
or other tribunal of competent jurisdiction to be unenforceable, those
provisions shall be limited or eliminated to the minimum extent necessary so
that these Terms shall otherwise remain in full force and effect.
Scope of Terms
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Living By Discovery Library’s failure to act with respect to any failure by you or others to comply with these Terms does not waive Living By Discovery Library’s right to act with respect to subsequent or similar failures. These Terms, which include the Privacy Policy, set forth the entire understanding and agreement between you and Living By Discovery Library with respect to the subject matter hereof. Living By Discovery Library reserves the right to seek all remedies available at law and in equity for violations of these Terms or special terms or rules set forth on the Site, including without limitation the right to block access from a particular internet address. Living By Discovery Library may update the Terms and Conditions from time to time without notice to you. Your continued use of the Site will constitute your acceptance of such updates.