This Agreement (the "Agreement" or "Terms of Service") is between you and Early Advantage, LLC,
("we", "us", "our", or "Early Advantage"), a Connecticut limited liability company,
with its principal place of business at 79 Sanford Street, Fairfield, CT. By accessing and using the Web Site, you hereby
agree to the following Terms of Service.
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EXPLANATION AND CHARGING POLICY:
We offer streaming and downloading of audio, video, print and interactive content
("Content" or "Programs") to you by providing access to the MUZZY Online Library Edition
web site ("Web Site") through your library or your library’s web site. You may only access
Content on our Web Site as a result of your relationship with your library. Your library
pays a fee to Early Advantage for the right to provide you with such access.
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GRANT OF LICENSE:
We grant you a non-exclusive, non-transferable, limited right to access and to use the Web Site
and the materials provided hereon and to download certain Content items that are designated for
downloading to your computer or other multimedia device/media (e.g., iPod) for your own personal
use, provided that you comply fully with these Terms of Service. You will not copy, reproduce,
distribute or use the Content in any other manner. You agree not to interrupt or interfere with,
or attempt to interrupt or interfere with, the operation of the Web Site in any way. You may not
copy, reproduce, use or distribute Content in any way not specifically permitted under this Agreement.
In no event may you sell, lease, transfer, modify, distribute or publicly perform the Content in any
manner, and you shall not exploit it commercially. You may not assign, transfer or sublicense your rights
as a user to the Web Site. We reserve all rights not specifically granted to you in this Agreement.
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USE OF DOWNLOADED CONTENT:
You agree that with respect to any Content that is available for and intended for download from the Web Site, you are authorized to download each item of Content up to five (5) times and to make no more than five (5) copies of any item of Content. You may not record or copy Content that is streamed to your computer. To the extent we are technologically able, our intent is to prevent unauthorized use or copying of our Content. Thus, we may include with any Content streamed or downloaded to you, files or other code that would cause your computer to notify us any time you make a copy of a stream or download and may prevent you from making unauthorized copies. These files or code may require you to be connected to the Internet when you attempt to make copies of the Content. We may also insert files or other code that would prevent you from distributing (by e-mail, peer-to-peer network file sharing or otherwise) any of the Content you receive from us. You warrant that you will not attempt to, nor will you, circumvent any copy management protections we encode into the Content.
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INTELLECTUAL PROPERTY:
All materials on the Web Site, including without limitation, text, images, logo, software, Content and video clips, databases, e-mails, and posted comments and reviews (collectively, the "Content") are owned or controlled by us and/or our licensors, who retain all right, title, and interest in and to the Content. The Web Site and Content are protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws. You agree not to use any trademarks, service marks, names, logos, or other identifiers of Early Advantage or its employees, licensors, independent contractors, providers and affiliates (collectively, "Affiliates") without our prior written permission or the permission of the relevant Affiliate.
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INFORMATION PROVIDED:
YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE WEB SITE IS AT YOUR SOLE RISK. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE WEB SITE, OR TO DENY ACCESS TO THE WEB SITE TO ANYONE AT ANY TIME.
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LINKS TO OTHER WEB SITES:
The Web Site may contain links and pointers to other sites on the Internet that may be maintained by third parties. Such links do not constitute an endorsement by us of any third-party site or any materials contained therein. We do not control, and are not responsible for, the availability, accuracy, or currency of such third-party sites or any information, content, products or services accessible from such third-party sites.
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INDEMNIFICATION:
You hereby agree to indemnify, defend and hold us harmless from and against any and all liability and costs incurred by us in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our written consent.
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DISCLAIMER OF WARRANTY:
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE WEB SITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED "AS IS" AND "WHEN AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR COMPATIBILITY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE WEB SITE OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE WEB SITE OR THE SERVER(S) ON WHICH THE WEB SITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
USE OF THE WEB SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE WEB SITE. UNDER NO CIRCUMSTANCES SHALL WE, OR ANY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES FOR US, BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, RECORDS OR DATA, INTERRUPTION OF SERVICE, OR LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE WEB SITE, THE AUDIO CONTENT OR ANY FEE-BASED SERVICES, INCLUDING WITHOUT LIMITATION, DAMAGES THAT MAY HAVE BEEN CAUSED BY A VIRUS OR OTHER DATA CORRUPTION PROBLEM RESULTING FROM ACCESS TO, DOWNLOADING FROM OR USE OF THE WEB SITE, THE CONTENT OR THE CONTENT EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY TO YOU IS LIMITED TO THE GREATER OF THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE WEB SITE AND PROGRAMS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE THE FIRST SUCH LIABILITY ARISES OR TWO HUNDRED ($200) DOLLARS. NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSES OF ANY LIMITED REMEDIES PROVIDED HEREIN, YOU HEREBY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
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TERMINATION:
We reserve the right to restrict, suspend or terminate your access to the Web Site, in whole or in part, based upon our Agreement with your library. We also reserve the right to restrict, suspend or terminate your access to the Web Site in whole or in part, without notice, if you breach or threaten breach of any portion of these Terms of Service. If we terminate these Terms of Service based on your breach of any portion of these Terms of Service, we reserve the right to refuse to provide use and/or access to any Content to you in the future. You acknowledge that we shall not be liable to you or any third party for any termination of your access to this Web Site.
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MODIFICATIONS:
We have the right to modify these Terms of Service and any policies affecting the Web Site. Any modification is effective following the posting to the Web Site. Your continued use of the Web Site following of the posting of any modification to these Terms of Service shall be conclusively deemed an acceptance of all such modification(s).
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GENERAL:
These Terms of Service constitute the entire agreement between you and us with respect to the subject matter hereof and supersede all prior agreements between you and us with respect to the same. Failure by us to enforce any provision of these Terms of Service shall not be construed as a waiver of any provision or right. Interpretation and enforcement of these Terms of Service shall be governed by the laws of the state of Connecticut (excluding its choice of law rules). You consent irrevocably to personal jurisdiction in the state and federal courts located in the State of Connecticut, for any action arising out of or relating to your use of the Web Site, the Content, the Content or any products or services provided through the Web Site. The state and federal courts in Connecticut shall have exclusive jurisdiction over all such actions. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs and reasonable attorney’s fees. In the event that any portion of these Terms of Service is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.