Terms of service
Effective: March 1, 2023
Introduction
Thank you for using the Library Lock platform (collectively, the "Service").
Our service
The Service allows library publishers the ability to limit distribution of their intellectual property to licensed users.
Your service provider
The entity providing the Service is UX Namespace, a sole proprietorship.Applicable terms
Your use of the Service is subject to these terms, which may be updated from time to time (together, this "Agreement"). Any links or references provided in these terms are for informational use only and are not part of the Agreement.
Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Service.
SERVICE ACCESS
Age requirements
You must be at least 18 years old to use the Service; those under the age of 18 require a parent or guardian's permission.
Permission by parent or guardian
If you are under 18, you must have your parent or guardian's permission to use the Service. Please have them read this Agreement with you.
If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child's activity on the Service.
Businesses
If you are using the Service on behalf of a company or organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.
SERVICE USE
Content on the service
Content on the Service includes: published libraries, product descriptions, external links, and branding (including trade names, trademarks, service marks, or logos) whether provided by you or a third-party (collectively, "Content").
Content is the responsibility of the person or entity that provides it to the Service. Library Lock is under no obligation to host or serve Content. If you see any Content you believe does not comply with this Agreement, you can report it to us.
Library Lock accounts
You can use parts of the Service, such as browsing and searching for Content, without having a Library Lock account. However, you do need a Library Lock account to use some features.
Purchasing and maintaining access to a library requires an account.
The ability to sell a library requires special authorization. Authorization is limited to publishers able to certify the ownership of their published works.
Your information
Our privacy policy explains how we treat your personal data and protect your privacy when you use the Service.
Permissions and restrictions
You are authorized to access and use the Service, provided that you comply with this Agreement and applicable laws.
The following restrictions apply to your use of the Service:
- You are not allowed to access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify, or otherwise use any part of the Service or any Content, except as expressly authorized by the Service
- You must not circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Service, including security-related features or features that (a) prevent or restrict the copying or other use of Content or (b) limit the use of the Service or Content
- You must not access the Service using any automated means, such as robots, botnets, or scrapers, except for public search engines in compliance with Library Lock's robots.txt file or with Library Lock's written permission
- You must not collect or harvest any information that could be used to identify an individual beyond what is permitted by section (3)
- You must not use the Service to distribute unsolicited promotional or commercial content or any other unwanted or mass solicitations
- You must not misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions
To publish a library, you must also abide by the following restrictions:
- You must not misrepresent the ownership of, or the right to sell, the library
- You must not include third-party intellectual property, such as copyrighted material, unless you have permission from that party or are otherwise legally entitled to do so
- You must not sell any user data
- You must not sell any library containing spam, malware, or illegal material of any kind
- You must not sell any library that intends to operate outside of its product description
- Contacting, advertising to, and collecting user information is strictly prohibited unless explicitly (a) clearly identifying those practices to your users, and (b) requiring their consent before executing such actions
- You must not cause harm to any user, third party, or Library Lock
Reservation
Using the Service does not grant you ownership or any rights to any aspect of the Service, including any Content posted by others.
YOUR CONTENT AND CONDUCT
Uploading content
If you have the authorization to upload libraries, you can upload Content to the Service. You may use your Content to promote your business and software, but you must ensure that the Content complies with this Agreement and the law.
You are responsible for the Content you submit to the Service. We use automated systems to detect infringement and abuse, such as spam, malware, and illegal content.
Rights you grant
As the owner of the libraries, you retain ownership rights of your Content. However, to use the Service, you must grant certain rights to Library Lock.
License to Library Lock
By providing Content to the Service, you grant to Library Lock a license to use and distribute that Content in connection with the Service, including for the purpose of promoting and redistributing part or all of the Service. You also grant Library Lock the right to verify, at any time, that your software does not violate the terms of the Agreement.
Licensed users
Licensees of your Content are granted access to use and distribute your Content as outlined by the Service. Users in compliance with this Agreement cannot have a license revoked, which may affect your ability to delete a library from Library Lock. However, you may hide any product license, making it unavailable for future purchases.
License duration
These license grants continue for a commercially reasonable period of time after you remove or delete your Content from the Service. Library Lock may retain copies of your Content that was removed or deleted to continue honoring existing contracts.
Right to monetize
You grant to Library Lock the right to monetize and collect royalties for Content on the Service. This Agreement does not entitle you to any payments, and Library Lock will withhold taxes from such payments if required by law.
Removing your content
You may remove your Content from the Service at any time. You also have the option to make a copy of your Content before removing it. You must remove your Content if you no longer have the required rights under these terms.
Removal of content by Library Lock
If any of your Content (a) is in breach of this Agreement or (b) may cause harm to Library Lock, our users, or third parties we reserve the right to remove or take down some or all of such Content at our discretion. We will notify you with the reason for our action unless we reasonably believe that to do so:
- Would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for Library Lock or our Affiliates
- Would compromise an investigation or the integrity or operation of the Service
- Would cause harm to any user, Library Lock, or a third party
ACCOUNT GUIDELINES
If Library Lock suspends or terminates your account, you must not create another account to circumvent these restrictions. Doing so is a material breach of this Agreement. Library Lock reserves the right to terminate your account or your access to all or part of the Service.
ACCOUNT SUSPENSION AND TERMINATION
Terminations by you
You may stop using the Service at any time. Follow these instructions to delete the Service from your Library Lock account, acknowledging the following conditions:
Affect on purchased content
- Removes access to purchased libraries
- All assigned seats are terminated
- New application licenses cannot be generated
- Existing application licenses will continue to work
Affect on published content
- Access for managing your libraries is revoked
- Active libraries will be hidden until deleted
- Active contracts will continue to be honored
- Subscriptions payments will continue until cancelled by the user
- Content is deleted automaticaly once all contracts have concluded
Terminations and suspensions by Library Lock
Library Lock reserves the right to suspend or terminate your account or your access to all or part of the Service if:
- You materially or repeatedly breach this Agreement
- We are required to do so to comply with a legal requirement or a court order
- We reasonably believe that there has been conduct that creates (or could create) liability or harm to any user, Library Lock, or third party
Notice for termination or suspension
We will notify you with the reason for termination or suspension unless we reasonably believe that to do so:
- Would violate the law or the direction of a legal enforcement authority
- Would compromise an investigation
- Would compromise the integrity, operation, or security of the Service
- Would cause harm to any user, Library Lock, or third party
Effect of account suspension or termination
If your Library Lock account is terminated or your access to the Service is restricted, you may continue using certain aspects of the Service (such as viewing only) without an account, and this Agreement will continue to apply to such use.
ABOUT SOFTWARE IN THE SERVICE
Downloadable software
When the Service requires or includes downloadable software, unless that software is governed by additional terms which provide a license, Library Lock grants a license for the sole purpose of enabling you to use the Service as provided by Library Lock, in the manner permitted by this Agreement.
You are not allowed to copy, modify, distribute, sell, or lease any part of the software, or to reverse-engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have Library Lock's written permission.
Open source
Some software used in our Service may be offered under an open source license that we make available to you. There may be provisions in an open source license that expressly override some of these terms, so please be sure to read those licenses.
OTHER LEGAL TERMS
Warranty disclaimer
OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND LIBRARY LOCK DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE SERVICE. FOR EXAMPLE, WE DO NOT MAKE ANY WARRANTIES ABOUT: (A) THE CONTENT PROVIDED THROUGH THE SERVICE; (B) THE SPECIFIC FEATURES OF THE SERVICE, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C) THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICE. LIBRARY LOCK DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Limitation of liability
EXCEPT AS REQUIRED BY APPLICABLE LAW, LIBRARY LOCK, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:
- ERRORS, MISTAKES, OR INACCURACIES ON THE SERVICE
- PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICE
- ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE
- ANY INTERRUPTION OR CESSATION OF THE SERVICE
- ANY VIRUSES, TROJAN HORSES, WORMS, TIME-BOMBS, CANCELBOTS, OR OTHER HARMFUL COMPONENTS TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY
- ANY CONTENT WHETHER SUBMITTED BY A USER OR LIBRARY LOCK, INCLUDING YOUR USE OF CONTENT; AND/OR THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT.
THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. HOWEVER, THIS PROVISION DOES NOT APPLY TO LIABILITY RESULTING FROM LIBRARY LOCK'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SERVICE.
Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Library Lock, its Affiliates, officers, directors, employees, and agents, 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; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service.
Third-party links
The Service may contain links to third-party websites and online services that are not owned or controlled by Library Lock. Library Lock has no control over, and assumes no responsibility for, such websites and online services. Be aware when you leave the Service; we suggest you read the terms and privacy policy of each third-party website and online service that you visit.
ABOUT THIS AGREEMENT
Changing this agreement
Library Lock is constantly changing and improving the Service. As part of this continual evolution, we may make modifications or changes (to all or part of the Service) such as adding or removing features and functionalities. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users, or even an individual user. When the Service requires or includes downloadable software, that software may update automatically on your device once a new version or feature is available, subject to your device settings. If we make material changes that negatively impact your use of the Service, we will provide you with reasonable advance notice, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues.
Continuation of this agreement
If your use of the Service ends, the following terms of this Agreement will continue to apply to you: "OTHER LEGAL TERMS", "ABOUT THIS AGREEMENT", and the licenses granted by you will continue as described under "DURATION OF LICENSE".
Severability
If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.
No waiver
If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).
Interpretation
In these terms, "include" or "including" means "including but not limited to," and any examples we give are for illustrative purposes.
Governing law
All claims arising out of or relating to these terms or the Service will be governed by Florida law. You and Library Lock consent to personal jurisdiction in those courts.
Limitation on legal action
YOU AND LIBRARY LOCK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. THIS PROVISION APPLIES TO ALL CLAIMS, WHETHER BASED ON CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY. THE ONE-YEAR LIMITATION PERIOD STARTS ON THE DATE WHEN THE CAUSE OF ACTION FIRST ARISES. IF APPLICABLE LAW PROHIBITS THIS LIMITATION PERIOD, THEN THE STATUTE OF LIMITATIONS WILL BE THE MINIMUM PERIOD PERMITTED BY LAW.