Terms of Use

Libraryo.com, a service of Congoo, LLC, makes this web site (the "Site") and the content, information, products and services available on this Site (collectively the "Service") subject to acceptance of and compliance with the notices, terms and conditions set forth in these Terms of Use (the "Terms") and elsewhere on this Site. The terms "you," "your" and "yours" refer to all visitors to this Site. The terms "Libraryo" "we," "us" and "our" refer to the Libraryo.com service, its parent company, Congoo, LLC, and its affiliates.

1. Terms and Conditions of Use

Please read these Terms carefully. Any use by you of this Site or the Service constitutes your acceptance without modification of these Terms and any notices, terms and conditions incorporated by reference. Any violation of these Terms may result in our termination of your access to the Service.

Certain features and functionality included in the Service may be subject to additional posted notices, terms and/or conditions. Your use of such features and functionality is subject to those additional notices, terms and/or conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted notices, terms and conditions, these Terms shall control.

Libraryo may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. Libraryo may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

We may periodically make changes to these Terms without notice. It is your responsibility to review these Terms frequently and remain informed about any changes to them, so we encourage you to visit this page often. Your continued use of the Site and the Service means that you agree to be bound by all such changes made to these Terms from time to time.

2. Privacy Policy

Registration data and other information about you are subject to our Privacy Policy, the terms of which are incorporated herein. You should review our Privacy Policy to understand how we collect and use data about you.

3. Your Account

Your account with Libraryo is solely for your personal, non-commercial use. You represent and warrant to Libraryo that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the Site in accordance with these Terms.

Libraryo may need to access your user account for the following reasons:

• To remind you of your password in case you forget it. If this is necessary, we will send an email upon your request to the email address associated with your account.
• To maintain and update our Service to you, for example, by informing you of new products, content and features.
• To follow a court order, complaint or lawful request from governmental authorities.
• To cancel the Service or discontinue user accounts that have been inactive for more than 180 days. We may do so at our discretion after sending a notice to the email address associated with your account. If you do not respond to our email within 10 business days, we may de-activate your account.

You are responsible for all usage or activity on your Libraryo account. Any fraudulent, abusive or other illegal activity may be grounds for our terminating your account, which we may exercise at our sole discretion, and Libraryo may refer you to appropriate law enforcement agencies.

4. Access to and Use of Content

The information available on the Service may include, but is not limited to, articles, charts, photographs, images, illustrations, audio clips and video clips (collectively referred to as the "Content"). Content you access through the Service is, in every case, for your personal, non-commercial use only. You agree not to sell, publish, reproduce, distribute, retransmit or otherwise provide access to the Content to anyone, with the following three exceptions:

• You may occasionally distribute a copy of an article or a portion of an article obtained through the Service in non-electronic form to a few individuals without charge, provided you include all copyright and other proprietary rights notices in the same form in which such notices appear on the Site;
• You may occasionally use our “Email an Article to a Friend” or “Tell a Friend” feature to send an article obtained on the Service to a few individuals, without charge. However, you are not permitted to use this service for the purpose of regularly providing other individuals with access to Content obtained on the Site. Libraryo will only make this feature available to you for selected Content, at its sole discretion; and
• Except as provided immediately above, you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display or in any way exploit, any of the Content or the Service, in whole or in part.

Your use of any Content must comply with any and all applicable laws, rules and regulations. We may restrict or discontinue your use of the Service if, in our opinion, your use is unlawful, conflicts with these Terms or infringes on any intellectual property rights of any other party. We may also restrict your access to certain Content in your personal library on the Service, with or without notice to you, if, for example, we become aware that an article is unlawful or defamatory or if our license to make such Content available to you has terminated or lapsed.

The right to access and use the Content is not transferable to any other person or entity. You are responsible for all use of your account and for ensuring that all use of this Site through your account complies fully with these Terms.

The Service and the Content are protected by copyright pursuant to U.S. and international copyright laws. You acknowledge and understand that Libraryo and the information providers that make their materials available to you via our Service retain all rights and title to any and all intellectual property rights existing in such materials. You agree to abide by all additional copyright notices, information or restrictions appearing on any Content.

5. Disclaimers

The Site and our Service contain advice, opinions and statements of various information providers. All such advice, opinions, statements and other information are provided to you “AS IS.” Libraryo does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information provided by any information provider or any other person or entity and made available to you on this Site and our Service. Reliance upon any such opinion, advice, statement or other information is strictly at your own risk. Neither Libraryo nor its affiliates, nor any of their respective agents, employees, publishers or other information providers shall be liable to you or anyone else for any inaccuracy, error, omission, interruption, timeliness, completeness, deletion, defect, failure of performance, computer virus, communication line failure, alteration of, or use of any Content, regardless of cause, or for any damages resulting therefrom.

Libraryo is a distributor of information supplied by various third parties. Therefore, Libraryo has no more editorial control over such information than a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers or other information or content expressed or made available on our Service are those of the respective author(s), publishers or distributor(s), and not of Libraryo.

We may provide, promote or provide links to web sites or services from other companies. We may also offer you the ability to download software from other companies. Libraryo does not operate or control in any respect such third-party web sites, services and software. You assume sole responsibility for any use of any third-party web sites, services and software.

6. Fees and Payments

Some portions of the Content and Service will be accessible without fees or charges to allow you to access a sampling of available Content. Continued access to specific items may require you to purchase a Libraryo Subscription or to purchase the item individually. Items requiring a fee for access will be clearly marked and in no event will you be charged for access to the Service or any item of Content unless you first agree to pay such fees.

Free trials of the Libraryo Subscription are only available to first time users of the Service through the Congoo NetPass service and cannot be combined with any other offer. You may sample the Libraryo service by downloading and registering for the Congoo NetPass. Only one free trial may be redeemed per user.

You will be required to provide a credit card number to complete the registration process for your Libraryo Subscription. By completing the registration process, you authorize Libraryo to immediately charge the subscription fee to your designated credit card and every month thereafter or, if you have signed up for an annual or other plan, every year (or other period, as applicable) thereafter. If any of your billing information changes (e.g., new credit card number, new address or email address, etc.), you must update that information in the "My Account Settings" section of the My Account area of the Service. In the event that Libraryo is not able to charge your credit card account, we reserve the right to restrict your access to the Service until you correct the problem. We also reserve the right to cancel your Libraryo Subscription if you do not provide updated billing information. If you cancel your Libraryo Subscription for any reason, Libraryo will not refund any remaining portion of your subscription fees.

Your Libraryo Subscription will be automatically renewed on a monthly, annual or other basis depending on your choice at registration. If you are a monthly subscriber, your credit card will be charged on a monthly cycle, on the calendar day corresponding to the commencement of your subscription, but exclusive of any free trial period. In the event your paid subscription began on the 29th, 30th or 31st day of a month, we will bill you as if your subscription had begun on the 1st day of the following month. If you have signed up for an annual or other subscription plan, you are billed one time at the beginning of each applicable billing period, which also begins at the end of any initial free trial period. For your convenience, we will charge the subscription fee to the credit card you provide to us during registration (or to a different credit card if you change your account information). Your Libraryo Subscription will automatically renew for successive periods, without prior notice to you, unless and until you cancel your Libraryo Subscription or we terminate it. You must cancel your Libraryo Subscription before it renews in order to avoid our billing your credit card for the renewal subscription fee.

7. Congoo NetPass

Libraryo offers users of the Congoo NetPass service a limited number of free article views every month as part of our ongoing promotional activities. Libraryo reserves the right to communicate special subscription offers to those Congoo users who elect to transmit their registration information to Libraryo.

8. Copyrighted Material and Software

All of the Content, information, software and materials offered to you through the Service are our property or are the property of our licensors and vendors and are protected by United States and international copyright and other intellectual property laws.

9. Copyright Infringement Claims

Libraryo has adopted and implemented a policy that provides for the termination in appropriate circumstances of users who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us the following information required under 17 U.S.C. § 512:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyright work claimed to have been infringed;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Libraryo to locate the material;
• Information reasonably sufficient to permit Libraryo to contact the complaining party, such as an e-mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Libraryo’s copyright agent for notice of claims of copyright infringement on or regarding this Site can be reached as follows:

Libraryo

C/o Congoo, LLC

1250 State Rt 28

Branchburg, NJ  08876

Email: copyrightagent@congoo.com

Fax: 908-707-4005

10. Trademarks

Trademarks owned by Libraryo, the Libraryo logo, and all other trademarks, service marks and trade names of Libraryo appearing on this Site or in any marketing or other printed materials are owned by Congoo, LLC. Libraryo’s trademarks, logos, service marks and trade names may not be used in connection with any product or service that is not Libraryo’s, in any manner that is likely to cause confusion, or in any manner that disparages or discredits Libraryo. All other trademarks, product or service names, brand names, company names and/or logos appearing on this Site are the property of their respective owners.

11. Disclaimer of Warranties

THE CONTENT AND/OR MATERIALS AVAILABLE THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LIBRARYO EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. LIBRARYO MAKES NO WARRANTY THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT THE SITE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LIBRARYO MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED, ACCESSED OR OBTAINED VIA OUR SERVICE OR ADVERTISED ON THE SITE.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL LIBRARYO, CONGOO OR ANY OF ITS SUBSIDIARIES, AFFILIATES, OWNERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS OR SUPPLIERS (THE “LIBRARYO PARTIES”) BE LIABLE, JOINTLY OR SEVERALLY, TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR USE OF, OR ACCESS TO, THE SERVICE, THE SITE OR ANY CONTENT APPEARING VIA THE SITE AND SERVICE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUE, PROFITS, USE, DATA OR OTHER INTANGIBLES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE LIBRARYO PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND REGARDLESS OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE LIABILITY OF THE LIBRARYO PARTIES SHALL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

13. Indemnity

YOU AGREE TO INDEMNIFY AND HOLD THE LIBRARYO PARTIES HARMLESS FROM ANY DAMAGES, LOSSES, CLAIMS OR DEMANDS, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO YOUR USE OF THE CONTENT, YOUR CONNECTION TO THE SITE, YOUR VIOLATION OF THESE TERMS OR THE DOCUMENTS INCORPORATED BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF ANOTHER.

14. Right to Terminate

Libraryo reserves the right to terminate or restrict your use of the Service, with or without notice, at our sole discretion. If Libraryo terminates your use of the Service based on a breach of any portion of these Terms, Libraryo reserves the right to refuse to provide you with access to the Service in the future.

15. Miscellaneous

We may assign our rights and responsibilities under these Terms without notice to you. You agree that these Terms, as well as any and all claims arising from your use and access of the Service will be governed by and construed in accordance with the laws of the State of New Jersey, United States of America applicable to contracts made entirely within New Jersey and wholly performed in New Jersey, without regard to any conflict or choice of law principles. Except for disputes as to user violation of these Terms or as expressly provided otherwise on this Site, all disputes arising out of or relating to these Terms or their interpretation shall be finally settled by binding arbitration in Somerset County pursuant to the Commercial Arbitration rules of the American Arbitration Association by one arbitrator. All arbitrators will have knowledge of and experience regarding the computer and/or publication industry and the Internet. Requests for equitable relief shall be first submitted to the arbitrator. Any arbitration award may be enforced in any court of competent jurisdiction. You hereby consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in Somerset County of the State of New Jersey. In the event that any portion of these Terms is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions, and the remainder of the Terms shall remain in full force and effect.

Last updated on January 26, 2006.

Copyright 2006 Congoo, LLC All rights reserved.