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1.1 SLCPL Website Terms and Conditions (adapted, with permission, from NYPL.org)
The Salt Lake City Public Library (“SLCPL” or the “Library”) has created and maintains www.slcpl.org and certain related websites (the “SLCPL Websites”) in order to make information about its programs, collections and resources available to the public via the Internet. By using SLCPL Websites and their content, you are agreeing to comply with and be bound by the following Terms and Conditions. These Terms and Conditions may change from time to time, and we encourage you to review them periodically. Your continued use of SLCPL Websites indicates your acceptance of any changes to these Terms and Conditions. (Any changes to these Terms and Conditions are inapplicable to disputes arising, or arising out of events occurring, prior to the posting of such changes here.)
1.2 Proprietary Rights
As between you and SLCPL, SLCPL owns, solely and exclusively, all rights, title and interest in and to SLCPL Websites, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials thereon, the look and feel, design and organization of SLCPL Websites, and the compilation of the content, code, data and materials on such websites, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of SLCPL Websites does not grant to you ownership of any content, code, data or materials you may access on these websites.
1.3 Use of Content from SLCPL Websites
The Library encourages its patrons to use materials from SLCPL Websites, provided that you follow these guidelines:
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Low Resolution Files (Only Non-Commercial Uses Allowed)
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Materials downloaded from SLCPL Websites may only be used for personal, educational, or research purposes. They may not be used for commercial purposes.
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You Are Responsible For Obtaining Necessary Permissions
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SLCPL Websites contain a wide range of content. They contain materials that are in the public domain as well as materials that are protected by copyright. In cases where materials on SLCPL Websites are protected by third party rights, you are responsible for clearing the necessary rights in order to use the materials in question. For example, if you want to download a photo that is protected by copyright for use in a research paper, you must determine whether your proposed use requires consent from the copyright holder, and, if so, you must secure the permission of the copyright holder. In some cases, you may also need to secure the consent of people who appear in photographs in our collections.
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The City Library is not in a position to provide advice to patrons about which materials are protected by third party rights and which materials may be used freely. The following websites have information about copyright, fair use and other related topics which may be useful:
http://www.copyright.gov/
http://copyright.cornell.edu/resources/publicdomain.cfm
http://collections.stanford.edu/copyrightrenewals/bin/page?forward=home
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It is your obligation to determine and satisfy copyright or other use restrictions when publishing or otherwise distributing materials from the Library's collections. You are solely responsible for determining whether the use of any digital object requires the permission of any other person or entity, and you are responsible for paying any associated fees. If you have questions about the legal issues surrounding the use of digital objects, you should contact an attorney.
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Credit SLCPL When You Use Materials From Our Website
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If you use material from our website online, we ask that you credit the Library by linking directly to the permalink provided or, if no permalink is provided, via the URL on which the material is found. If you use material from our website offline, we ask that you credit the Library as follows: “Courtesy of the Salt Lake City Public Library. www.slcpl.org”
1.4 Patron Privacy Policies
Information provided by patrons to the Library is governed by the Library’s privacy policies. By using SLCPL’s Websites and services, you signify your acceptance of our policies. We encourage you to read the compiled patron policies available at slcpl.org at your convenience.
1.5 Contacting SLCPL If Your Material Should Not Be on Our Website
SLCPL may use a wide range of digital materials from a variety of sources for our Website. In each instance, we have tried to make sure that we have secured all necessary rights to use the material. If you believe that we have made a mistake, please contact us so that we can correct the oversight.
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act in an appropriate manner under such Act and other applicable intellectual property laws, including the removal or disabling or access to material claimed to be subject of infringing activity. Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of 1998), SLCPL is the designated agent for notice of alleged copyright infringement appearing on any SLCPL Website. Direct any notices of infringement to: Salt Lake City Public Library, 210 East 400 South, Salt Lake City, UT 84111, or send an email to: comment@slcpl.org. To file a notice of infringement with us, you must fulfill the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov.
1.6 Patron-Generated Content
SLCPL encourages patrons to become involved in interactive portions of our website, by participating in online discussions and, in some cases, uploading content.
You understand and agree that SLCPL has the right in its sole discretion, but not the obligation, to monitor, edit, and remove any posted content, and assumes no liability for any such content. You warrant that you own or otherwise control all of the rights to such content, that it is accurate, and that its use does not violate these terms and will not injure any person or entity. You further agree not to upload, post or otherwise make available content that is protected by a third party’s copyright, trademark or other proprietary right without the express permission of the third party owner of the copyright, trademark or other proprietary right. You shall be solely liable for any damage resulting from any infringements on third party rights resulting from your submission of such content.
If you upload or transmit content, you grant to SLCPL a non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable right to use and display such content, in whole or in part, for any purpose.
SLCPL does not endorse and has no control over the content of messages submitted by others. Content is not necessarily reviewed by SLCPL prior to posting, and does not necessarily reflect the opinions or policies of SLCPL. SLCPL makes no warranties, express or implied, as to the content posted on the Web site by others, nor their accuracy or reliability.
SLCPL reserves the right to prevent you from submitting content, and to edit, restrict or remove content found in violation of these policies or the following provisions:
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Is unlawful, threatening, obscene, vulgar, pornographic, profane or indecent, including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law. Content may be removed if it is off-topic or inconsistent with the Library’s mission and policies.
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Violates the copyright, trademark or other intellectual property rights of any other person. By submitting content, you represent that you are the rightful owner of such material or that you have first obtained permission to submit the material from the rightful owner;
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Improperly assumes or claim the identity, characteristics or qualifications of another person;
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Is for purposes of spamming;
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Contains any virus or other harmful component;
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Is libelous, or an invasion of privacy or publicity rights or any other third party rights; or
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Is for commercial purposes or contain advertising or are intended to solicit a person to buy or sell services.
1.7 Trademarks
The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on SLCPL Websites or on content available through SLCPL Websites are registered and unregistered Trademarks of SLCPL and others and may not be used unless authorized by the trademark owner. Nothing contained on any SLCPL Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark without our written permission or that of the third party rights holder. Your misuse of any Trademark is strictly prohibited. If you would like to contact the Library to license the use of any of the Library’s marks, please send an email to comment@slcpl.org.
1.8 Third Party Websites
Among the many services offered by the Library is access to databases provided by third parties. These databases are subject to their own terms and conditions. Please review the terms and conditions specific to each database you intend to use and make sure that you comply with the applicable rules.
1.9 Disclaimers
All materials on SLCPL Websites are provided "as is" without a warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular use, and/or non-infringement. The Library assumes no responsibility for damage to your computer or other property resulting from your use of SLCPL Websites. You understand and agree that any downloading or obtaining of material or data through SLCPL Websites is done at your own risk. In addition, we disclaim any and all responsibility or liability for the accuracy, reliability, and legality of materials found on SLCPL Websites.
IN NO EVENT SHALL SLCPL OR ANY OF SLCPL’S TRUSTEES, EMPLOYEES OR AFFILIATED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, SLCPL WEBSITES OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO.
Some pages on SLCPL Websites include links to other websites. The Library has not reviewed all of these websites and is not responsible for the content of these websites. The Library provides these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by the Library.
The Library offers access to a broad range of information and materials, including certain materials that may contain offensive language or negative stereotypes. You should view all materials at your own discretion. Opinions expressed on SLCPL Websites are not necessarily those of the Library or of its Trustees and staff.
1.10 Applicable Law
Any legal action brought against the Library shall be governed by the laws of the State of Utah without regard to its conflicts-of-law rules. Any claim asserted against the Library shall be heard and determined in the federal or state courts located in Salt Lake City. Users of SLCPL Websites agree not to commence any litigation relating to the use of any of SLCPL Websites, except in courts located in Salt Lake City. Users also waive any objections to venue of any such litigation in courts located in Salt Lake City and agree not to plead or claim that Salt Lake City is an inconvenient forum.
1.11 Indemnity
You agree to defend, indemnify and hold SLCPL and its Trustees, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from or relating to your use of SLCPL Websites, your placement or transmission of any message, content, information, software or other materials through SLCPL Websites, or your breach or violation of the law or of these Terms and Conditions. SLCPL reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with SLCPL’s defense of such claim.
1.12 Notices
By using SLCPL Websites, you agree to receive electronic communications from SLCPL, whether addressed to the e-mail address associated with your Library account or posted on SLCPL Websites. You acknowledge and agree that any communication via e-mail or by postings on SLCPL Websites satisfies any legal requirement that such communications be made in writing.
1.13 Severability
The provisions of these Terms and Conditions are intended to be severable. If for any reason any provision of these Terms and Conditions are held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. The failure of SLCPL to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
1.14 Other SLCPL Policies
Patrons who use SLCPL Websites are also encouraged to read the following related policies:
Approved by Library Board of Directors, November 2023