Overview

The following Terms of Use apply to all users of the gcpld.org website operated by the Garfield County Public Library District (“GCPLD”). GCPLD utilizes a collection of online services, including, without limitation, various communication tools, social networking features, third party services, and other features, content, and applications accessed via the Internet, mobile, or other device. These Terms of Use apply to registered and non-registered users. By using the website or by registering as a user, you agree to be bound by these rules and regulations. The Terms of Use, Privacy Statement, and other policies may be modified by GCPLD at any time and posted on the website so please check for changes periodically. In the event of a violation of these Terms of Service, GCPLD reserves the right to seek all remedies available by law and in equity.

Use of the website
The services accessible online and via the website are free and considered GCPLD services. Website services may require a GCPLD library card and may be restricted by limits of the library card. As a condition of your use of the GCPLD website, you warrant that (i) all information supplied by you on this site is true, accurate, current and complete, and you will update registration data to keep it current and accurate, (ii) if you established a gcpld.org user account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you, (iii) you accept the Privacy Statement for this website, (iv) you will read and accept the terms and privacy notices of third party services used in site, and (v) you accept that your use of the gcpld.org will be in accordance within the GCPLD Code of Conduct. GCPLD retains the right at our sole discretion to deny access to anyone to this website, at any time and for any reason, including, but not limited to, for violation of this Agreement.

Limited license to use materials
In connection with the creation, hosting, maintenance and/or display of gcpld.org, GCPLD uses certain proprietary materials or other materials licensed to the library, including, but not limited to, software, HTML code, scripts, text, artwork, photographs, images, video, audio (both music and lyrics), trademarks, service marks and trade names (collectively, “Materials”) that are protected by copyright and trademark laws and other U.S. and international laws and treaties. GCPLD provides all materials as a service to site visitors and users and such materials may be used solely for your informational purposes. No right, title or interest in the materials is conveyed to you, and you must retain all copyright and other proprietary notices contained on the materials. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these materials is strictly prohibited. GCPLD may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by GCPLD.

Prohibited use of website
You shall not use, post, transmit, redistribute, upload, or promote any materials on gcpld.org that (a) violate or infringe in any way upon the rights of others, including without limitation copyrights, trademarks and other proprietary rights of another (including without limitation, stolen, counterfeited, fraudulent or otherwise illegal items and/or services); (b) access, monitor, data scrape, copy, transfer any part of the website services or registration Data or data of any user (whether individually or in aggregate) by manual or by automated means; (c) contain corrupted files, viruses, or any other similar software files, the intent of which is to interfere or attempt to interfere with the proper working of authorized uses of the website services or damage the operation of another’s computer; (d) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; (e) contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; (f) impersonate any person, business or entity; (g) encourage conduct that would constitute a criminal offense; (h) give rise to civil liability; (i) otherwise violate any law; or (j) undertake any conduct that, in the judgment of GCPLD, restricts, impairs, interferes or inhibits any other user from using or enjoying our website and/or our related services.

Copyright policy
GCPLD grants you the privilege of accessing and viewing the text, graphics, audio, design, charts, and other content on the site solely for your personal, non-commercial use. The Library may revoke such privilege at any time with or without notice for any reason or no reason. Any and all library content, software, and other works on the site and any reproductions of any of the foregoing (collectively, “Works”) are the copyrighted works of the library and/or its licensors or suppliers, and are protected under U.S. and worldwide copyright laws and treaty provisions. Other than the limited grant of access to and viewing of the library content set forth above, GCPLD grants you no other privileges or rights in any of the works. You acknowledge that any other use of the works, including without limitation, reproduction, modification, distribution, transmission, republication, display, performance, translation, reverse engineering, decompilation or disassembling, creation of derivative works, exporting, selling, licensing, renting, leasing, transferring, or otherwise transferring rights to the works, or removing any proprietary notices or labels on the works, without the prior written permission of GCPLD, is strictly prohibited. Granting or withholding of permission is determined by the library on a case-by-case basis, and a usage fee may be required depending on the type of proposed use.

Disclaimers
Your use of the site is solely at your own risk. GCPLD hereby disclaims any and all representations and warranties, whether express or implied, regarding content, the site, and the products and services provided by the site including any warranties of availability, non-interception, freedom from viruses, accuracy, reliability, correctness, timeliness, completeness, non-infringement, merchantability, or fitness for a particular purpose. You acknowledge and agree that any and all disclaimers in these terms and the provisions reflect a fair and reasonable allocation of risk between the library and you.

Privacy notice
GCPLD’s disclosure and use of personal information you provide when using the website or related services are described in our Privacy Statement. You accept that Privacy Policy when you accept these terms. In order to ensure that GCPLD is able to provide high-quality services that are responsive to users’ needs, you agree that GCPLD representatives will have access to your account and records as reasonably needed to investigate concerns and complaints.

Jurisdiction
These Terms of Use shall be governed by the laws of the State of Colorado, without giving effect to its conflict of law’s provisions. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts located in Garfield County, Colorado and its communities for any action, suit or proceeding arising out of or relating to these Terms of Service or your use of the Website.

Indemnity
You agree to indemnify and hold harmless the library and its directors, board members, employees, and agents from and against any and all claims, actions, and proceedings and any and all costs, fees (including attorney’s fees), expenses, settlements, and judgments that result from your breach of these Terms or your access and use of the site.

Compliance
The Library makes no representation or claim that any information on the site is appropriate or may be downloaded outside the United States of America. Access to the site and to any information thereon may not be legal by certain persons or in certain countries. If you access the site from outside the United States of America, you do so at your own risk of liability under the laws of the United States of America or of your jurisdiction.

Miscellaneous
These Terms, together with our Privacy Policy constitute the entire agreement between you and the library and supersedes any and all other agreements, representations and understandings, whether written or oral. These Terms may not be modified or amended by you without the prior written consent of the library. GCPLD may modify or amend these Terms, as well as the Privacy Policy, at any time without notice to you. You should regularly review these Terms for any modifications or amendments to these Terms as your continued use of the site after a modification or amendment signifies your assent and agreement to these Terms, as amended. If any clause or provision set forth in these Terms is determined to be illegal, invalid, or unenforceable under present or future law, then, you understand and agree that the clause or provision so determined to be illegal, invalid, or unenforceable shall be severable without affecting the enforceability of all remaining clauses or provisions. These Terms and your use of the site and any products and services provided by the site shall be governed by the laws of the United States of America and the State of Colorado, without regard to its conflicts of laws principles. The parties agree that the courts located in or serving Garfield County, Colorado shall have exclusive jurisdiction over any and all claims, disputes, or other controversies relating to or arising from these Terms or your use of the site or any products and services provided by the site. The parties hereby expressly consent to the exercise of jurisdiction over them by such courts. To the fullest extent permitted by applicable law, each party to these Terms waives its, his or her right to a jury trial with respect to any action brought under or in connection with these Terms. The headings used in these Terms are for convenience only and such headings are not to be used in determining the meaning or interpretation of these Terms.

If you have questions about Terms of Use, please contact us at 970-625-4270.