Terms of Service

Ex Libris Idea Exchange Terms of Use

Welcome to the Ex Libris Idea Exchange. The Idea Exchange provides a platform for Ex Libris customers and others to share ideas for new Ex Libris product and feature development (the “Platform”) through the Ex Libris website located at http://ideas.exlibrisgroup.com (the “Site”). Please see the Idea Exchange FAQ for details on how the Platform works. As used herein, “Ex Libris” means Ex Libris Ltd. and its worldwide affiliates who control, are controlled by or are under common control with Ex Libris Ltd.

By accessing the Site or using the Platform, you agree to be bound by these terms of use (the “Terms”), whether you are a “Visitor” (which means that you are only browsing the Site) or you are a “Member” (which means that you have registered with the Site). The term “User” refers to a Visitor or a Member. Your use of the Platform and the Site is subject at all times to these Terms (whether as a Visitor or a Member, regardless of whether your access or use is intended). The Site and Platform are always evolving, so it is important that you periodically check here for updates. If we revise the Terms, such revision will take effect immediately upon being posted on the Site. By using the Platform or accessing the Site you agree to review the Terms periodically to become aware of such revisions. If you do not agree to any of the Terms stated herein, you should discontinue using the Platform and the Site. Ex Libris reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the Site and the Platform without notice.

Member Account and Password
In order to use the Platform, you will have to create an account. When you register for a Member account you will be asked to provide your name, email and organization. You may also be asked to create a password. You agree that all information submitted to Ex Libris upon registering will be true, accurate, complete and will be kept current. Ex Libris reserves the right to refuse a registration request for any reason. Issues concerning collection and use of your information by Ex Libris are described in Ex Libris’ privacy policy available at http://www.exlibrisgroup.com/category/Privacy. If Ex Libris has grounds to suspect that any information you provide is untrue, inaccurate or incomplete, or in the event of a breach by you of these Terms of Use, Ex Libris has the right to suspend or terminate your account without notice. You agree that Ex Libris may send you important information and notices regarding the Idea Exchange and your Member account by email.

It is your responsibility to maintain the confidentiality of the account details and any passwords, and you are responsible for any activities that occur in your account. Ex Libris will not ask you to reveal your password. If a password has been created and you forget your password, you can request to have a new password sent to your registered e-mail address. You agree to indemnify and hold Ex Libris harmless for any improper or illegal use of your password protected account.
You may cancel your account at any time by contacting us at Information.Systems@exlibrisgroup.com.

Gathering Non-Personally-Identifying Information.
Like most site operators, Ex Libris gathers Non-Personally-Identifying Information from you of the sort that web browsers, depending on their settings, may make available. That information includes your Internet Protocol address, operating system and browser type, and the locations of the web pages you view right before arriving at, while navigating and immediately after leaving this Site. Ex Libris may analyze Non–Personally–Identifying Information gathered from Users of this Site to help better understand how this Site is being used. By identifying patterns and trends in usage, Ex Libris is able to better design this Site to improve your experiences, both in terms of content and ease of use. Ex Libris does not link information gathered using Non-Personally-Identifying Information to Personally-Identifying Information. From time to time, Ex Libris may also release the Non–Personally–Identifying Information gathered from Site users in the aggregate, such as by publishing a report on trends in the usage of this Site.
A “Web Cookie” is a string of information that a site stores on your computer, and your browser provides to this Site, each time you submit a query to this Site. Ex Libris may use Web Cookies to track the pages that you visit during each Site session, both to help Ex Libris improve your experience and to help Ex Libris understand how this Site is being used.
IF YOU DO NOT WISH TO HAVE WEB COOKIES PLACED ON YOUR COMPUTER, YOU SHOULD SET YOUR BROWSER TO REFUSE WEB COOKIES BEFORE ACCESSING THIS SITE, WITH THE UNDERSTANDING THAT CERTAIN FEATURES OF THIS SITE MAY NOT FUNCTION PROPERLY WITHOUT THE AID OF WEB COOKIES. IF YOU REFUSE WEB COOKIES, YOU ASSUME ALL RESPONSIBILITY FOR ANY RESULTING LOSS OF FUNCTIONALITY.

User Responsibilities; Use Restrictions;
You agree you will not do any of the following while using or accessing the Site:

  1. Use the Site or Platform or any content thereon in connection with any commercial endeavors in any manner. Any commercial use of the Site or Platform or any content thereon shall require a separate license agreement from Ex Libris.
  2. Attempt to gain unauthorized access to the Site or the Platform or any part thereof;
  3. Impersonate another person or falsely say or imply that you are associated with another person or entity;
  4. Harvest, collect or mine information from the Site or about other users of the Site;
  5. Interfere with or disrupt (or attempt to interfere with or disrupt) any web page available at the Site, servers, or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
  6. Breach or impair or circumvent any security or authentication measures protecting the Site;
  7. Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Site;
  8. Attempt to access, search, or meta-search the Site or content thereon with any engine, software, tool, agent, device, or mechanism;
  9. Use, launch, or permit to be used any automated system, including without limitation “robots,” “crawlers,” or “spiders”;
  10. Submit or link to any content that:
    • misappropriates or infringes the intellectual property or other rights of any person or entity;
    • violates anyone’s privacy or publicity rights or violates applicable law;
    • breaches any duty of confidentiality, nondisclosure or use restrictions that you owe to anyone;
    • is, in our judgment, harassing, defamatory, abusive, lewd, pornographic, obscene or otherwise objectionable;
    • contains or installs any viruses, worms, bugs, Trojan horses, malware or other code, files or programs designed or having the capability to disrupt, damage or limit the functionality of any software or hardware; or
    • contains false or deceptive language, unsubstantiated or comparative claims regarding Ex Libris or third party products, advertising, commercial referrals, spam or any other solicitation, including solicitation of lawsuits.
  11. Use the Site or Platform in any manner not permitted by these Terms.

Please remember that you may be providing content for a diverse and international audience. Things that do not seem abusive, obscene, or offensive to you might seem so to others.

Ex Libris has no obligation to constantly monitor the Idea Exchange site. However, Ex Libris reserves the right to review content and in Ex Libris’ sole discretion and without notice to you, to remove any content submitted or posted by you to the Idea Exchange pages. Ex Libris reserves the right at all times to disclose any information as Ex Libris deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

Intellectual Property Rights
The Idea Exchange is a free community-based online portal for sharing ideas with Ex Libris and current and potential users of Ex Libris products and getting community feedback on those ideas. To further this goal, each user expressly disclaims any ownership rights in or control over any ideas, responses or other material posted on the Platform (“Posted Content”).

By submitting, posting or displaying any Posted Content you acknowledge and agree that Ex Libris has full rights to use, copy, modify, publish, republish and distribute the Posted Content for any purpose, including without limitation, development of products and features based on such Posted Content with full ownership rights in any intellectual property inherent in such products and features vesting wholly in Ex Libris, without the obligation to compensate you. You also agree to waive your moral rights and promise not to assert such rights or any other intellectual property or publicity rights against us.

You agree that none of the Posted Content violates the intellectual property rights of any third party, and is not yours or a third party’s confidential information. Please be aware that we will not be liable for any use or disclosure of Posted Content. You acknowledge that your relationship with Ex Libris is not a fiduciary or other type of special relationship that obligates us to keep your Posted Content confidential.

Without limiting the foregoing, Ex Libris reserves all rights, title and interest in and to all intellectual property rights subsisting in the Site and Platform, including but not limited to its user interface, branding, documentation and underlying technology. No rights are granted to you hereunder other than as expressly set forth herein. Ex Libris, the Ex Libris logo and the Ex Libris products and services referenced herein are trademarks of Ex Libris, and may be registered in certain jurisdictions. All other product names, company names, marks and logos referenced may be trademarks of their respective owners.

Ex Libris respects the intellectual property rights of others and expects its Users to do the same. Ex Libris will remove all infringing Content if properly notified that it infringes third party intellectual property rights, and may do so at its sole discretion, without prior notice to Users at any time. Ex Libris reserves the right to remove any content without prior notice to you, any other user, or any third party.

Under the Digital Millennium Copyright Act of 1998 (the “DMCA”), it is Ex Libris’ policy to respond expeditiously to copyright owners who believe material appearing on the Site infringes their rights. If you believe that something appearing on the Site infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. Notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Please send notices and counter-notices to us at:

Ex Libris Group
Att: Karina Koch
Bldg. 8-9, Malcha Technological Park
Jerusalem, 91481
+972-2-649-9308
+972-2-679-8634
Karina.koch@exlibrisgroup.com

User Content
Ex Libris does not endorse, support represent or guarantee the completeness, truthfulness, accuracy or reliability of any content posted on the Site or any opinion reflected therein. By using the Site, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Ex Libris be liable in any way for any content, including but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content made available on the Site.

You should have no expectation of privacy with respect to any Posted Content. Please do not transmit any private or confidential information to Ex Libris by email or through this Site. We cannot guarantee the security of any information transmitted to us over the internet.

It is possible for others to obtain personal information about you due to your use of the Platform, including any Posted Content that you may choose to make available. Anyone receiving or viewing Posted Content may use your information for purposes other than what you intended. We are not responsible for the use of any personal information that you disclose on the Platform or through any Posted Content. Please carefully select the type of information that you post on the Platform or release to others.

The Site may link to websites belonging to third parties. Ex Libris provides links to these third party websites for ease of reference only and does not endorse the companies, institutions, individuals or contents of any linked sites. Ex Libris has no control over the content or information posted on such third party websites and does not assume any responsibility or liability therefore. Ex Libris provides these links as a convenience. We are not responsible for the availability or content of these sources, and you should direct any concerns regarding any external link directly to such site. Furthermore, you should refer to these third party websites respective privacy notices and terms of use.

You understand and agree that Ex Libris has no obligation to monitor, review or respond to any Posted Content. You should not use the Site or the Platform to post product support calls or queries nor any other notices regarding your current use of Ex Libris products or services.

No Warranty
Your use of the Site and all content therein is at your sole discretion and risk. The Site and all content therein (including, without limitation, Posted Content) are provided on an AS IS and AS AVAILABLE basis without warranties of any kind from Ex Libris.
EX LIBRIS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, (I) RELATING TO THE SITE, PLATFORM OR POSTED CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (II) REGARDING THE PERFORMANCE, QUALITY, COMPLETENESS, USEFULNESS OR ACCURACY OF ANY CONTENT; (III) THAT THE SITE, PLATFORM, OR CONTENT WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; AND (IV) THAT ANY CONTENT ACCESSIBLE THROUGH THE SITE IS FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES AND/OR OTHER CODE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTY.

Limitation of Liability.
To the fullest extent permitted by applicable laws, Ex Libris is not liable for any direct, indirect, special, incidental, consequential or exemplary damages or losses of any kind whatsoever, whether in any action in contract, tort (including but not limited to negligence), or otherwise, resulting to you or any third party, arising out of or in any way connected with: (a) the use – or the inability to use – the Platform of the Site; and/or (b) any claim attributable to errors, omissions, or other inaccuracies in the Platform and/or the Site and/or Posted Content or other material available through the Site. This includes but is not limited to the loss of data, loss of profit, goodwill or other losses or damages of any nature, even if Ex Libris was advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by applicable law and in no event shall Ex Libris’ cumulative liability to you exceed US$100.
Ex Libris reserves the right at any time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice. You agree that Ex Libris will not be liable to you or to any third party for any modification, suspension or discontinuance.

Indemnity
You agree to indemnify and hold Ex Libris and its officers, directors, employees, and agents harmless from any claims, demands, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees) arising from content (including Posted Content) you submit to or post on the Platform, your use of the Platform, your violation of these Terms of Use, or your violation of any rights of a third party.

Export Control
When posting content to the Platform or when sharing content obtained from the Platform with others, you agree that you are solely responsible for complying with applicable U.S. and international export control regulations, including without limitation the Export Administration Regulations and all other applicable export and import laws and regulations as well as end-user, end-use and destination restrictions issued by the U.S. government and the governments of other nations. You agree to comply with all applicable national and international laws that apply to the transport of software across national borders or to its use in any such jurisdiction.

Governing Law and Jurisdiction.
Your use of the Site, the Platform and these Terms of Use shall be governed and interpreted pursuant to the laws of the State of Israel, notwithstanding any principles of conflicts of law. If you access this site from another jurisdiction, you are responsible for ensuring compliance with any local laws relating to access and use of this Site. The sole jurisdiction for all suits or cases arising out of the Terms of Use shall be Tel Aviv, Israel and all parties consent to exclusive jurisdiction therein.

Miscellaneous.
Except as expressly stated in these Terms of Use, these Terms of Use constitute the entire agreement between the parties, and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning their subject matter. In the event that any provision in these Terms of Use is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. Ex Libris may assign this agreement or any rights hereunder without your consent. Ex Libris’ failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

If you have any questions or concerns about the Terms of Use for this Site or its implementation you may contact us at Information.Systems@exlibrisgroup.com.

Last update: August 2015

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