The following terms and conditions (the "Terms") govern your ("You" or "Your") use of all services available through the WebJunction.org website ("WebJunction Services") unless otherwise indicated by WebJunction. WebJunction Services are provided by WebJunction, a division of OCLC Online Computer Library Center, Inc. ("WebJunction"). These WebJunction Terms provide information in the areas of:
- Agreement to Terms
- Your WebJunction Account
- Content and Intellectual Property (including WebJunction’s use of Creative Commons)
- Community Guidelines and Code of Conduct
- Storage of Personal Course Information
And a few additional legal issues (the stuff our attorneys make us say in ALL CAPS).
1. Agreement to WebJunction Terms
A. Your use of WebJunction Services signifies Your agreement to these Terms, including the Community Guidelines and Code of Conduct referenced herein. Accordingly, please read these Terms carefully before using WebJunction Services. If You agree to the Terms, please click the checkbox to indicate Your agreement. Once You have done so, You can access and use WebJunction Services. If You do not agree to these Terms, You will be directed away from WebJunction Services.
B. Once You have agreed to these Terms, each use of WebJunction Services that You initiate will be governed by these Terms (including changes to the Terms as described below). OCLC may change these Terms at any time. OCLC will inform You of changes to the Terms by email, a change notice posted on the www.webjunction.org website or any other means reasonably calculated to provide notice. Your continued use of WebJunction Services signifies Your agreement to the changed Terms. You can always review the most current version of the Terms of Service at http://www.webjunction.org/about-us/terms
2. WebJunction Account
B. When You register for WebJunction, You may create or will be assigned a password that You must use to access WebJunction Services. You are responsible for maintaining the confidentiality of Your password and any other account- identifying information, and shall promptly notify WebJunction of any lost or stolen passwords or account information. You are responsible for all activities on WebJunction that are initiated using Your password(s) or account information. WebJunction is not responsible for any loss or damage arising from Your failure to maintain the confidentiality of Your password(s) or account information.
C. If WebJunction receives an email address or account name that is suspected of being submitted by someone younger than 13 years of age, WebJunction will delete this information from its records in accordance with the Children's Online Privacy Protection Act (15 U.S. Code, 6501 et seq.).
3. Use of WebJunction Services
A. Subject to these Terms, WebJunction grants You a nonexclusive, nontransferable license to use WebJunction Services solely for Your internal or personal, noncommercial purposes of learning, teaching, research and private study. The following activities are prohibited, and You agree not to engage in (or permit) such activities:
(i) use of WebJunction Services for commercial purposes or in any manner not authorized by these Terms or in any unlawful manner;
(ii) use of bots, spiders, or other automated information-gathering devices or programming routines to "mine" or harvest material amounts of content from WebJunction Services; and
(iii) distribution, display or disclosure of content from WebJunction Services except to the extent reasonably incidental to the noncommercial purposes authorized by this Section 3.A.
Creating a WebJunction account is free of charge. Members may elect to purchase additional fee-based services via the WebJunction site. For such services, you shall pay to WebJunction (or, if applicable, another party designated by WebJunction) the applicable fees (if any) for access to and use of WebJunction Services. Fees are exclusive of taxes, and You shall pay any such taxes from which You are not exempt other than taxes on WebJunction’s net income. WebJunction reserves the right to suspend availability of WebJunction Services to a delinquent account with prior notice. Payments shall be made in United States dollars unless otherwise required by OCLC for non-U.S. subscribers as indicated in invoices, price lists, or other written notices.
5. Content and Intellectual Property
A. Copyright: WebJunction is dedicated to sharing and openness. Unless you specify otherwise, content (e.g., text, images and other multimedia information) (“Content”) that You contribute to WebJunction Services is permanently contributed and available for use by other users of WebJunction Services under the Creative Commons Attribution-Non-Commercial-Share Alike 3.0 license (the “CC License”). WebJunction Services give You the ability to apply rights and restrictions other than the CC License to Your Content. Other users of WebJunction Services have the same rights with respect to content that they contribute to WebJunction Services. Your use of such content is subject to the CC License and/or any additional or different rights and restrictions specified by the contributor of the content. If you post Content to WebJunction Services, You represent and warrant to WebJunction that You have all rights necessary to post that Content and to grant the above rights to WebJunction.
B. Subject to the rights that You grant to others in Your Content, You retain ownership of all rights, title and interest in and to Your Content. You acknowledge that all or portions of Your Content may be subject to third-party copyright and/or other proprietary rights. Accordingly, You agree to be responsible for complying with the requirements of all applicable copyright laws and other laws applicable to any proprietary material contained in Your Content, as well as all liability and damages arising from Your failure to do so. You agree that You will not:
(i) contribute Content that is illegal, inaccurate, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam"; or
(ii) use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of Content. OCLC reserves the right (but does not have the obligation) to remove, without liability, Your Content determined by OCLC in its sole discretion to violate the requirements of these Terms, but OCLC does not regularly review Content. OCLC takes no responsibility and assumes no liability for or in connection with any Content contributed by users of WebJunction Services.
C. To operate WebJunction Services, WebJunction needs the right to make use of Your Content. By posting Content on WebJunction Services, You grant WebJunction a perpetual, worldwide, fully paid-up, royalty-free, fully sublicenseable, nonexclusive license to copy, distribute, publicly display, broadcast, publicly perform and otherwise use Your Content in connection with WebJunction Services and services offered by WebJunction’s partners regardless of the form of media used or whether such WebJunction Services or other services now exist or are developed in the future.
D. WebJunction Services may, in the future, include the right to access Content via WebJunction's application programming interfaces ("APIs") or other similar tools. If APIs are released, these Terms will be updated to reflect these new WebJunction Services.
E. “WebJunction” and the WebJunction logo are trademarks/service marks of OCLC Online Computer Library Center, Inc. Third-party product, service and business names are trademarks/service marks of their respective owners. OCLC and/or its suppliers own all rights, title and interest, including, without limitation, all intellectual property rights, in and to WebJunction Services, including, without limitation, all computer code, graphics, user interfaces and audiovisual content used to provide WebJunction Services and the combination of all the elements on the WebJunction Services. Except as expressly provided for in these Terms, You acquire no rights in or to WebJunction Services.
F. You acknowledge and agree that WebJunction may keep copies of all of Your Content and may disclose Your Content and other data in its possession if required to do so by law or if it has a good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce these Terms, respond to claims that any Content violates the rights of third parties, or protect the rights, property, or safety of WebJunction, its users and the public.
6. Community Guidelines and Code of Conduct
A. Community Guidelines: The WebJunction experience is founded on the premise of sharing, collaboration, and mutual respect.
B. Code of Conduct: You agree to make only good faith use of WebJunction Services that demonstrates respect for the rights of others. You shall not waste, diminish or cause harm to the shared resources and efforts that make up WebJunction Services. Accordingly, without limiting the generality of the foregoing, You agree not to:
(i) interfere with or disrupt WebJunction Services or the systems that comprise or provide for the delivery of WebJunction Services; or
(ii) resell or transfer WebJunction Services or use WebJunction Services to perform services on behalf of third parties.
WebJunction respects Your privacy. In general, WebJunction does not share information about individual members with any third party, with these exceptions:
(1) WebJunction shares basic registration, course enrollment, and webinar registration data with our subscribing community partners (for a full list of these partners please refer to http://www.webjunction.org/about-us/our-services);
(2) WebJunction shares basic webinar registration data with organizations that are listed a collaborating partner for that event;
(3) WebJunction uses a third-party email vendor to distribute our monthly newsletter and announcements to members who have chosen to be listed in the Member Directory. WebJunction uses registration information to:
(i) improve the content of WebJunction Services and to tailor it to suit member needs;
(ii) provide easier access to advanced service features; and
(iii) help WebJunction better understand its community members.
In addition, You may be asked to provide Your email addresses, postal addresses, and/or telephone numbers when needed to answer inquiries, provide information, or ship requested publications or products. You will receive only the information for which You provided us Your address or telephone number. If a member submitting their email address, postal address or telephone number is indicated as younger than 13 years of age, WebJunction will delete this information from its records in accordance with the Children's Online Privacy Protection Act (15 U.S. Code, 6501 et seq.).
Note: You may control the content that others view about you on your Public Profile on WebJunction by selecting "Edit Account" from the My Account area of any page at WebJunction (after login). Select the "privacy" tab on this page and make your privacy selections there.
8. Storage of Personal Course Information
9. Evolution of WebJunction Services
You recognize that WebJunction Services are a collaborative effort among WebJunction and its members and partners. As such, it is to be expected that WebJunction Services will evolve over time. Accordingly, except to the extent otherwise agreed by WebJunction and You as part of the additional terms and conditions applicable to certain WebJunction Services, WebJunction may, within its sole discretion and without liability to You or any third party:
(i) modify, refine and/or change the specifications, features and/or functionality of existing WebJunction Services;
(ii) make new WebJunction Services available;
(iii) discontinue the availability of WebJunction Services, in whole or in part; and
(iv) modify these Terms accordingly.
WebJunction shall notify You of material modifications, refinements and changes to WebJunction Services, new WebJunction Services and the discontinuance of WebJunction Services by online screen display, publication of revised service descriptions, or such other means that WebJunction determines is reasonably appropriate to communicate the change. Your use of any WebJunction Service after such notice constitutes Your acceptance of those changes. Any new WebJunction Services made available by WebJunction shall be subject to these Terms and such additional terms and conditions as WebJunction may require. WebJunction shall use its reasonable efforts to exercise the discretion afforded by this Section in the best interests of WebJunction and its members.
You shall indemnify and hold WebJunction, its subsidiaries, affiliates, directors, officers, employees, agents and subcontractors harmless against any liability, loss, damage, cost and expense, including reasonable attorneys' fees, incurred as a result of third-party claims based on:
(i) breach of any warranty or representation made by You in or under these Terms;
(ii) Your Content; or
(iii) Your use of WebJunction Services in violation of these Terms or any other terms and conditions which WebJunction may make applicable to User's use of WebJunction Services or applicable law.
A. Either You or WebJunction may terminate this Agreement and Your access to any or all WebJunction Services at any time upon no less than sixty (60) days prior written notice to the other. In the event of any such termination by OCLC without cause, You shall be entitled to a prorata refund of amounts paid for the terminated WebJunction Service(s).
B. In addition, WebJunction may terminate this Agreement and Your access to WebJunction Services if You breach these Terms or any other terms and conditions which WebJunction may make applicable to Your use of WebJunction Services and such breach remains uncured for ten (10) days after Your receipt of notice thereof.
C. In the event of any termination hereunder, WebJunction may, at its discretion and without liability to You or any third party, immediately deactivate Your account, delete all related information and files, delete Your Content and prohibit any further access by You to WebJunction Services, such Your account settings, files, information and Content.
12. Disclaimers and limitations of liability
A. WEBJUNCTION SERVICES (AND THE CONTENT AVAILABLE THEREIN) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WEBJUNCTION MAKES NO WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, AND DISCLAIMS ALL SUCH WARRANTIES AND REPRESENTATIONS WITH RESPECT TO WEBJUNCTION SERVICES (AND THE CONTENT AVAILABLE THEREIN), INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.
B. WEBJUNCTION SHALL HAVE NO LIABILITY IN CONNECTION WITH ITS HANDLING OF YOUR CONTENT, INCLUDING, WITHOUT LIMITATION, MAKING ANY OF YOUR CONTENT AVAILABLE, FAILING TO POST OR REMOVE YOUR CONTENT, WITHDRAWING OR DELETING YOUR CONTENT ONCE POSTED, OR MODIFYING ANY OF YOUR CONTENT.
C. WEBJUNCTION AND ITS LICENSORS SHALL HAVE NO LIABILITY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND REGARDLESS OF WHETHER IT/THEY FORESAW OR WAS/WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WEBJUNCTION OR THROUGH WEBJUNCTION SERVICES SHALL CREATE ANY WARRANTY OR REPRESENTATION OF ANY KIND BY WEBJUNCTION. WEBJUNCTION SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NOTHING AVAILABLE VIA WEBJUNCTION SERVICES CONSTITUTES OR SHALL BE TAKEN AS PROFESSIONAL ADVICE, WHETHER TECHNICAL, FINANCIAL, LEGAL OR OTHERWISE. USER IS SOLELY RESPONSIBLE FOR ALL TECHNICAL, FINANCIAL, LEGAL AND OTHER DECISIONS MADE BASED ON SUCH INFORMATION.
E. To the maximum extent permitted by applicable law, the information contained in the “Foundation Content” (i.e., content owned or licensed by the Bill and Melinda Gates Foundation) is provided "AS IS" AND WITH ALL FAULTS, and the authors and licensors of the Foundation Content hereby disclaim all other warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NONINFRINGEMENT WITH REGARD TO THE FOUNDATION CONTENT. IN NO EVENT WILL ANY AUTHOR OR LICENSOR OF THE FOUNDATION CONTENT BE LIABLE TO ANY OTHER PARTY FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, OR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, OR SPECIAL DAMAGES WHETHER UNDER CONTRACT, TORT, WARRANTY, OR OTHERWISE ARISING IN ANY WAY OUT OF THIS OR ANY OTHER AGREEMENT, WHETHER OR NOT SUCH PARTY HAD ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.
A. You acknowledge that WebJunction Services may provide You with links to websites or sources of content which are not under the control of and are not maintained by WebJunction. WebJunction is not responsible for and does not endorse or guarantee the content or services available to You through those links, nor can WebJunction verify the privacy practices of such other sites or sources. Accordingly, You agree to pursue any claims You may have as a result of Your use of or reliance on such services or content solely against the relevant supplier.
C. This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio and the United States of America without regard to principles of conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
D. Notices required to be given pursuant to these Terms may be provided:
(i) to You, to an email address or mailing address that WebJunction reasonably associates with You; and
(ii) to WebJunction, to the following WebJunction mailing address: OCLC Online Computer Library Center, Inc, 6565 Kilgour Place, Dublin, Ohio, USA 43017-3395, Attention: Legal Department.
E. Neither party shall be liable for any failure or delay in performance under these Terms (other than a delay in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused (a) by causes beyond that party's reasonable control and occurring without its fault or negligence, or (b) by the failure of the other party to substantially meet its performance obligations under these Terms, provided that, as a condition to the claim of nonliability, the party experiencing the difficulty shall give the other party prompt written notice, specifying the cause of the delay, following the occurrence of the cause relied upon.
F. You may not assign or otherwise transfer your rights or obligations under this Agreement. WebJunction may assign its rights and/or delegate its obligations under this Agreement by posting notice of such assignment and/or delegation on the WebJunction website at least thirty (30) days prior to the effective date thereof.
G. Any waiver of any provision of these Terms must be in writing and signed by the party against whom the waiver is to be enforced.
H. The following Sections of these Terms shall survive termination of this Agreement for any reason: 5, 9, 10.C, 11 and 12.