Terms of Service

Welcome to Booklandia.tv, the website and online service of the University of Oregon School of Journalism and Communication (“Booklandia.tv” “we,” “us,” or “our”). This page explains the terms by which you may use our service. PLEASE READ THIS PAGE CAREFULLY. By accessing or using the Booklandia.tv services, website, and software provided through or in connection with the service (“Service”), you affirm that you have read, understood, and agree to be bound by this Terms of Use Agreement (“Agreement”).

You should periodically review this Agreement because we reserve the right to amend it at any time and without notice. If we do this, we will post the amended Agreement on this page and indicate the date the Agreement was last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Agreement. If you do not agree to the new Agreement, do not use, access, or continue to access the Service. This Agreement applies to all visitors, users, and others who access the Service (“Users”).

  1. Use of Our Service

Booklandia.tv provides a place for you to discover author interviews, book reviews, feature stories, and book-related news with a community of booklovers.

Age Requirement: This Service is intended solely for Users who are 13 years of age or older. Any registration, use, or access of the Service by anyone under 13 is unauthorized, unlicensed, and in violation of this Agreement. If you are at least 13, but are still a minor (this depends on where you live, but usually under 18 years of age), you must have your parent or legal guardian’s permission to use our Service. Please have him or her read this Agreement with you.

Subject to the terms and conditions of this agreement, Booklandia.tv grants you permission to use the Service for your personal, non-commercial purposes only. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Booklandia.tv servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (iv) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (v) uploading invalid data, viruses, worms, or other software agents through the Service; (vi) collecting or harvesting any personally identifiable information, including account names and email addresses, from the Service; (vii) using the Service for any commercial solicitation purposes; (viii) using any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent, (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; or, (xi) bypassing the measures we may use to prevent or restrict access to the Service.

In order to protect our Users from unsolicited advertising or solicitation, Booklandia.tv reserves the right to restrict the number of communications which a User may send to other Users in any 24-hour period to a number that Booklandia.tv deems appropriate in its sole discretion. Booklandia.tv may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability for any reason, including if in Booklandia.tv’s sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

The Service is subject to scheduled and unscheduled service interruptions. All aspects of the Service are subject to change or elimination at Booklandia.tv ‘s sole discretion. Booklandia.tv reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that Booklandia.tv will not be liable to you for any interruption of the Service, delay, or failure to perform.

You are solely responsible for your interactions with other Booklandia.tv Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Booklandia.tv shall have no liability for your interactions with other Users, or for any User’s action or inaction.

  1. User Content

Some areas of the Service may allow Users to post reviews, photos, videos, comments, questions, and other information (“User Content”). You are solely responsible for your User Content that you upload, publish, display, link to, or otherwise make available (hereinafter, “post”) on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.

You may not post any User Content that:

  • Contains harmful, hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
  • May create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
  • Contains sexually explicit content or pornography;
  • Infringes any third party’s rights of any kind, including, but not limited to, copyright, trademark, rights of publicity, privacy rights, etc.;
  • Contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  • Contains any information or content that you know is not correct and current;
  • Exploits minors (including, but not limited to, exposing them to inappropriate content or asking for personally identifiable details);
  • Depicts unlawful acts or extreme violence;
  • Depicts animal cruelty or extreme violence towards animals;
  • Attempts to advertise or solicit others to purchase any product or service (unless you are an official Booklandia.tv partner or sponsor and have a written agreement with Booklandia.tv)
  • Promotes fraudulent schemes, gambling, work-from-home businesses, any other dubious money-making ventures, or similar schemes; or
  • Violates any law.

To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content (or written permission from the copyright owner for your use) and have the power to grant the license granted below in Section 3. Booklandia.tv reserves the right, but is not obligated, to reject and/or remove any User Content that Booklandia.tv believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office or any other rights organization.

Booklandia.tv takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. Booklandia.tv is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that Booklandia.tv shall not be liable for any damages you allege to incur as a result of such User Content. Booklandia.tv may provide tools for you to remove some User Content, but does not guarantee that all or any User Content will be removable.

Booklandia.tv has the right, but not the obligation, to monitor all conduct on and content submitted to the Booklandia.tv Service.

  1. License Grant

License to Booklandia.tv. By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to Booklandia.tv a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, and to grant and authorize sublicenses of the foregoing for any purpose at the sole discretion of Booklandia.tv. If you submit works to the Service, our Terms of Use for Contributors apply to those works.

License to You. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal license to use the Service.

License to Other Users. You further grant all users of the Service permission to view your User Content for their personal, non-commercial purposes. This may include the right to copy and make derivative works from the User Content solely to the extent necessary to view the User Content.

Duration of Licenses. Booklandia.tv may terminate this license at any time for any reason or no reason. If Booklandia.tv does not terminate the above licenses, the licenses will continue unless and until you remove the User Content from our Service, in which case the licenses will terminate within a reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely. Please note that removed User Content may be cached in search engine indices after removal and that Booklandia.tv has no control over such caching.

  1. Our Proprietary Rights

Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the “Booklandia.tv Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Booklandia.tv and its licensors. For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Booklandia.tv Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Booklandia.tv under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Booklandia.tv does not waive any rights to use similar or related ideas previously known to Booklandia.tv, or developed by its employees, or obtained from sources other than you.

  1. Privacy

We care about the privacy of our Users. Click here to view our Privacy Policy, which forms a part of this Agreement. Please review the Privacy Policy to learn about: (i) what information we may collect about you; (ii) what we use that information for; and (iii) with whom we may share that information.

  1. Security

We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

  1. DMCA Notice

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Booklandia.tv’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). Please see 17 U.S.C. § 512(c) for further information. For your complaint to be valid under the DMCA, you must provide the following information in writing:

  1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
  2. Identification of the copyrighted work that you claim has been infringed;
  3. Identification of the material that is claimed to be infringing and where it is located on the Service;
  4. Information reasonably sufficient to permit Booklandia.tv to contact you, such as your address, telephone number, and, e-mail address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
  6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:

Name: General Counsel
ATTN: DMCA Notice
Company: University of Oregon/Booklandia.tv, Inc.
Address:
Office of the General Counsel
1226 University of Oregon
Eugene, OR 97403-1226

Email: gcounsel@uoregon.edu

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that this procedure is exclusively for notifying Booklandia.tv and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Booklandia.tv’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, Booklandia.tv has adopted a policy of terminating, in appropriate circumstances and at Booklandia.tv’s sole discretion, Users who are deemed to be repeat infringers. Booklandia.tv may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any Intellectual Property Rights of others, whether or not there is any repeat infringement.

  1. Additional Representations and Warranties

You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following:

  1. You are at least 18 years of age, or if you are under 18 years of age you are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
  2. You have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
  3. Your User Content and Booklandia.tv’s use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, as defined in this Agreement.
  4. Booklandia.tv may exercise the rights to your User Content granted under this Agreement without liability for payment of any residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
  1. Third-Party Websites, Sponsors, or Services

Booklandia.tv may contain links to third-party websites, sponsors, or services that are not owned or controlled by Booklandia.tv. Booklandia.tv has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. If you access a third party website from Booklandia.tv, you do so at your own risk, and you understand that this Agreement and Booklandia.tv’s Privacy Policy do not apply to your use of such sites. You expressly relieve Booklandia.tv from any and all liability arising from your use of any third-party website or services or third party owned content.

Your dealings with or participation in promotions of sponsors found on Booklandia.tv, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such sponsors. You agree that Booklandia.tv shall not be responsible for any loss or damage of any sort relating to your dealings with such sponsors.

We encourage you to be aware of those instances when you leave the Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

  1. Indemnity

You agree to defend, indemnify and hold harmless Booklandia.tv and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights, or Intellectual Property Rights; (iv) your violation of any law, rule, or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that are submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password, or other appropriate security code.

  1. No Warranty

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, BOOKLANDIA.TV, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

BOOKLANDIA.TV DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE SPONSORED OR OFFERED BY A THIRD PARTY THROUGH THE BOOKLANDIA.TV SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER SPONSOR RECOGNITION, AND BOOKLANDIA.TV WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

  1. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BOOKLANDIA.TV, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL BOOKLANDIA.TV BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BOOKLANDIA.TV ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL BOOKLANDIA.TV, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO BOOKLANDIA.TV HEREUNDER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BOOKLANDIA.TV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

The Service is controlled and operated from its facilities in the United States. Booklandia.tv makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the U.S.

  1. Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Booklandia.tv without restriction.

  1. General
  1. Governing Law and Disputes. You agree that: (i) the Service shall be deemed solely based in Oregon; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Booklandia.tv, either specific or general, in jurisdictions other than Oregon. This Agreement shall be governed by the internal substantive laws of the State of Oregon, without respect to its conflict of laws principles. Any claim or dispute between you and Booklandia.tv that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Lane County, Oregon, U.S.A.
  2. Notification Procedures. Booklandia.tv may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Booklandia.tv in our sole discretion. Booklandia.tv reserves the right to determine the form and means of providing notifications to our Users.
  3. Notices. Please contact us with any questions regarding this Agreement. You may send notices of a legal nature to:
  4. Company: University of Oregon/Booklandia.tv, Inc.
    ATTN: Director
    Address:
    Innovation Partnership Services
    677 E. 12th Avenue, Suite 500

    Eugene, Oregon 97403Email: techtran@uoregon.edu

  5. No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Booklandia.tv’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
  6. Entire Agreement/Severability. This Agreement, together with any other terms you agree to in connection with your use of the Service, shall constitute the entire agreement between you and Booklandia.tv concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

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