Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY

This is a website owned by Unique Management Services, Inc.

If you have any comments or questions you may address them to our customer service department at privacy@uniquelibrary.com or via mail addressed to Unique Management Services Customer Service, at 119 East Maple Street, Jeffersonville, IN 47130, USA.

Acceptance of Terms of Service

UniqueLibrary.com (the “Website”) is a service of Unique Management Services, LLC (“Unique”, “we”, “us”, “our”). By accessing and using the Website (referred to as the “Service” and excluding any services provided to you by Unique under a separate written agreement), you agree to be bound by these Terms of Service. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF SERVICE, DO NOT USE THE WEBSITE IN ANY MANNER. Unique reserves the right to limit or terminate your access to the Website if you do not comply with these Terms of Service.

If you are viewing our Website to sign up as a customer (“Customer”), on sign-up or account creation you will be requested to enter into an agreement with Unique (“Agreement”). That Agreement may contain additional privacy disclosures and obligations. If there is any conflict or inconsistency between the Agreement and this Privacy Policy, the Agreement prevails.

Notification of Changes

Unique reserves the right, at its sole discretion, to change, modify, update, add, or remove portions of the Terms of Service at any time, with or without notice to you. Please check these Terms of Service periodically for changes. You will be provided the option to terminate your use of the Service if the Terms of Service is modified in a manner substantially impacting your rights in connection with use of the Website. Your continued use of the Website after the posting of any changes to the Terms of Service will be deemed to be your agreement to those changes.

Personal Information and Privacy

Your election to use the Website indicates your acceptance of the terms of our Privacy Policy that is available at https://uniquelibrary1.wpengine.com/privacy-policy/ (the “Privacy Policy”).

You are solely responsible for maintaining the confidentiality of your account and other sensitive information. You are solely responsible for all activities that occur in your Account and you agree to notify Unique immediately of any unauthorized use of your Account at privacy@uniquelibrary.com. Unique is in no way responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your Account, or otherwise.

Communications from Unique

Account use of the Service may include certain email communications from Unique for operational, marketing or administrative purposes (such as alerting you of content changes you subscribe to receive, notifying you of major Website changes or for customer service purposes). You understand that these communications shall be considered part of using the Service.

Restrictions on Use of the Service

1. Content You Post to the Website. You may engage in chats and share messages with other users through the Website. By using the Service, you agree not to record, upload, post, transmit, cause the display, playback or performance of, or otherwise make available any content that:
   1. is harmful, threatening, abusive, harassing, tortious, vulgar, hateful, or racially, ethnically or otherwise offensive or discriminatory;
   2. is obscene, pornographic, excessively violent or harmful to minors or depicts minors engaged in sexually explicit conduct or in a sexually explicit manner;
   3. is illegal;
   4. is tortious, defamatory, libelous or invasive of another’s privacy or publicity rights;
   5. infringes any patent, trademark, trade secret, copyright or other proprietary or intellectual property rights of any party;
   6. includes copyrighted materials for which you do not possess appropriate rights to so display, perform or otherwise make available;
   7. you do not have a right to make available under law or contractual or fiduciary relationships;
   8. includes private information of any third-party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
   9. bears any false, disguised or misleading origin;
   10. is advertising, solicitations or promotional material;
   11. contains software viruses or any other computer code, files or programs designed to destroy, interrupt or otherwise limit the functionality of any computer software, computer hardware or other equipment.

All messages, information, videos or other content, whether publicly posted, displayed or performed on, or privately transmitted, are the sole responsibility of the person who sends or publishes such items. Accordingly, you are responsible for all items that you record, upload, post, cause a display, playback or performance of, email, transmit or otherwise make available via the Website. Unique reserves the right to, but has no obligation to, monitor or screen the content posted and/or displayed or performed in the Website and to remove any content in its sole discretion. Nevertheless, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT YOU RECORD, UPLOAD, POST, CAUSE TO BE DISPLAYED, PLAYED BACK OR PERFORMED IN ANY AREAS OF THE WEBSITE AND THAT YOU TRANSMIT IN ANY OF YOUR COMMUNICATIONS THAT USE THE WEBSITE AND THE SERVICE PROVIDED THEREBY.

2. Prohibited activities. You may not use the Website to do any of the following:
   1. provide any service without prior written permission.
   2. harass or advocate harassment of another person or entity;
   3. perform any activities that violate, intentionally or unintentionally, any applicable state, local, federal, or international laws or regulations promulgated by governmental agencies that have the force of law;
   4. provide resources to or otherwise support any organization(s) designated by the United States government as a foreign terrorist organization under section 219 of the Immigration and Nationality Act;
   5. impersonate any person or entity or misrepresent in any way your affiliation with a person or entity;
   6. link to any third-party sites without their prior written permission;
   7. transmit unsolicited mailings or “spam;”
   8. collect or store any information about other users or members, other than in the normal course of using the Website for their intended purpose of facilitating voluntary communication among users;
   9. transmit any virus, worm, defect, Trojan horse or similar destructive or harmful item. You may not do any of the following to the Website:
      1. use the Website in any manner that could damage, disable, overburden, disrupt or impair the Website or any Unique server, or the network(s) connected to any Unique server, or interfere with any other party‘s use and enjoyment of the Website;
      2. disobey any applicable policies or regulations of networks connected to the Website;

• modify, adapt, translate or reverse engineer the Website;

1. use any robot, spider, site search/retrieval application, or other devices to retrieve, index or interface with any portion of the Website;
2. frame the Website or reformat it in any way; or
3. create user accounts using any automated means or under false pretenses; or

• use the Website, Service, or any content therein to create a competing service.

No Responsibility for Third-Party Content

You understand that the Service acts only as a technical interface between users and that Unique does not itself verify the qualifications of users, nor does it evaluate or control in any ongoing manner exchanges between users. Any opinions or statements expressed by a user are of those of the user alone, and are not to be attributed to Unique. Unique cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, legality or applicability of anything said, written, posted, displayed or otherwise made available by any user. You understand that you may be exposed to content that you find offensive to you, and that you use the Service at your own risk.

Interstate and International Use

Users in the European Union consent to the collection and processing of personal information, as described in these Terms of Service, in the United States. All users understand the potential cross-border nature of communications made using the Website, and acknowledge that using the Website may result in interstate and international transmission of data.

License and Confidential Information

You acknowledge and agree that Unique (or Unique’s licensors) own all legal right, title and interest in and to the Service, including any intellectual property rights which subsist in the Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist).Unless you have agreed otherwise in writing with Unique, nothing in the Terms gives you a right to use any of Unique’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features. Other than the limited license set forth in Content License Section, Unique acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any content that you submit, post, transmit or display on, or through, the Service, including any intellectual property rights which subsist in that content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You agree that you are responsible for protecting and enforcing those rights and that Unique has no obligation to do so on your behalf. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Service.

Content License

You retain copyright and any other rights you already hold in content which you submit, post or display on or through, the Service. By submitting, posting or displaying the content you give Unique a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, transmit and distribute any content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling Unique to maintain, operate and provide the Service. This license includes no rights for Unique to make such content available to other companies, organizations or individuals without your permission. You confirm and warrant to Unique that you have all the rights, power and authority necessary to grant the above license.

Copyright Information

COPYRIGHT NOTICE: Copyright © 2019 Unique Management Services, Inc. All Rights Reserved.

Copyright Policy

In addition to any other use restrictions set forth in these Terms of Service, you may not engage in or facilitate the posting, modification, distribution, reproduction of any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Unique to terminate all privileges of any user who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Company by the copyright owner or the copyright owner’s legal agent.

Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Unique’s Copyright Agent the following information:

1. a physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Website;
4. your physical and email addresses and telephone number;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Unique’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows by mail:

Copyright Agent
c/o Unique Management Services, Inc
119 East Maple Street, Jeffersonville, IN 47130, USA

Third-Party Web Sites, Services and Content

The Website may contain links to third-party sites that are not under the control of Unique, and Unique is not responsible for, nor does it guarantee the accuracy or integrity of, the content(s) of any linked site or any link contained in a linked site, or any changes or updates to such sites. The inclusion of any link does not imply that Unique endorses or accepts any responsibility for the content on such third-party site. Your correspondence or business dealings with, or participation in promotions of, any third party website found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Unique is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of links to such third party site on the Website. In addition, links to advertising that has not been approved by Unique may be embedded in third party content displayed on the Website. Unique is not responsible for any content, cookies, web beacons, or other technology used in connection with such advertising.

Disclaimer of Warranties and Limitation of Liability

Unique disclaims any and all responsibility or liability for the content, legality, reliability, or operability or availability of information or material displayed in or from the Website. Unique disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any content, information or other material. Unique disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Website. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, UNIQUE DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, UNIQUE DOES NOT REPRESENT OR WARRANT TO YOU THAT:

1. YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE,
2. YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS,
3. AND, ANY INFORMATION OR CONTENT OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE LEGAL, ACCURATE, RELIABLE OR OF A QUALITY THAT MEETS YOUR EXPECTATIONS.TO THE FULLEST EXTENT PERMITTED BY LAW, UNIQUE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SERVICE OR THROUGH ANY LINKS PROVIDED IN THE SERVICE. UNIQUE SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICE.UNIQUE DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. UNIQUE DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE ACCESSED OR OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, OTHER DEVICE OR DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM UNIQUE, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL UNIQUE OR ITS LICENSORS BE LIABLE TO ANY USER OF THAT USER’S USE OR MISUSE OF THE SERVICE OR RELIANCE ON THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF UNIQUE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES AND THE DELETION OF CONTENT (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO THE SERVICE OR TO UNIQUE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF USER CONTENT. YOU AGREE THAT UNIQUE’S ENTIRE LIABILITY, IF ANY, FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT OF THE MOST RECENT ONE MONTH SERVICE FEE PAYMENT OR ONE HUNDRED ($100) US DOLLARS, WHICHEVER IS LOWER. UNDER NO CIRCUMSTANCES SHALL UNIQUE OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.UNDER NO CIRCUMSTANCES WILL UNIQUE BE RESPONSIBLE FOR ANY CHARGES YOU INCUR AS A RESULT OF ERRONEOUS CHARGES, AGAINST YOUR CREDIT CARD, PAYPAL OR GOOGLE CHECKOUT ACCOUNT, OR AS A RESULT OF YOUR FAILING TO CANCEL YOUR ACCOUNT AND/OR AUTOMATIC PAYMENTS IN A TIMELY FASHION.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS SECTION MAY NOT APPLY TO YOU.

Indemnity

You agree to indemnify, defend, and hold Unique and its affiliates, officers, agents, co-branders, partners, and employees harmless from any claim or demand made by any third party due to or arising out of your use of the Website, your connection to the Website, your violation of the Terms of Service or Privacy Policy, or your violation of any rights of other users of the Website. Any such indemnification shall include the payment of reasonable attorneys fees incurred in the defense of such claim.

Termination or Modification; Consequences of Violation of Terms of Service

Unique reserves the right to terminate your privilege to use the Website at any time for any reason. In addition, Unique shall have the right but no obligation to:

1. remove any material that in its sole opinion may violate, or that is alleged to violate, any applicable law or these Terms of Service;
2. terminate a Website discussion or any other portion of the Website, and/or remove a user or users from a discussion or otherwise terminate any use of the Website if Unique determines in its sole discretion or had a good faith concern that such use is unlawful and/or prohibited by these Terms of Service;
3. inform law enforcement of any illegal activity or material Unique suspects or discovers on, through, or otherwise relating to the Website and provide law enforcement officials with all requested information about the user account from which the illegal activity or material originated.

Unique reserves the right from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) at any time. You acknowledge that Unique may from time to time upon prior update to the Terms of Service, change the services offered, including, without limitation, limits concerning use of the Service. Unique reserves the right at any time to charge or modify fees for access to portions or whole of any or all of the Website, including for services that Unique may have previously offered without charge. However, such fees shall not be charged unless your prior agreement to pay such charges is obtained. Thus, if at any time Unique requires a fee for any of the Website, you will be given reasonable advance notice of such fees and the opportunity to cancel your membership before such charges are imposed. If you elect not to pay such fees, Unique shall have the right to cease providing Website access to you.

General Information

The Terms of Service, the Privacy Policy and any applicable guidelines posted on the Website constitute the entire agreement between you and Unique, govern your use of the Website, and supersede any prior agreements between you and Unique relating to your use of the Website (including, but not limited to, any prior versions of the Terms of Service or Privacy Policy). By accessing the Website you agree that the statutes and laws of the United States and the State of Colorado, without regard to any principles of conflicts of law, will apply to all matters relating to the use of the Website, and you further agree that any litigation shall be subject to the exclusive jurisdiction of the state and federal courts in the State of Colorado, USA. The failure of Unique to exercise or enforce any right or provision of the Terms of Service does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms of Service to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties. Intentions as reflected in the provision, and that the other provisions of the Terms of Service remain in full force and effect. If any provision of these Terms of Service are determined to be invalid or unenforceable, such provision will to the extent possible be deemed amended by limiting and reducing it to the minimum extent necessary to make such provision valid and enforceable and the remaining provisions of these Terms of Service shall continue to be valid and enforceable and will be liberally construed to carry out the provisions and intent hereof. The invalidity or unenforceability of any provision of these Terms of Service in any jurisdiction will not affect the validity or enforceability of such provision in any other jurisdiction, nor will the invalidity or unenforceability of any provision of these Terms of Service with respect to any person affect the validity or enforceability of such provision with respect to any other person. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, the Terms of Service or the Privacy Policy must be filed within one (1) year after the event giving rise to such claim or cause of action or be forever barred. All headings in the Terms of Service are for convenience only and have no legal or contractual effect.

Terms of Service Updated: November 5, 2019