Effective as of February 1, 2023
Your License to Use the Services
Subject to the terms and conditions of this Agreement and your payment of any required fees (if applicable), Librari hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access the Services, and otherwise view and use the Services to the extent permitted by its intended functionality, for your own individual personal, non-commercial purposes and not for the sublicense to or use by third parties. You may only access and/or use the Services through the certified applications or intended methods that Librari makes available to you. Any access or use of our Services through an application, service, or method provided by a party other than Librari is strictly prohibited, outside the scope of the license granted herein, and may subject your account to termination and other legal action. Any other use not authorized herein, or by Librari in writing, is strictly prohibited and a violation of this Agreement. Librari may revoke and/or terminate the foregoing license with respect to any aspect of the Services at any time, for any or no reason.
You shall not use the Services to generate any of the following types of content:
- Hate speech—content that expresses, incites, or promotes hate based on identity.
- Harassment—content that intends to harass, threaten, or bully an individual.
- Violence—content that promotes or glorifies violence or celebrates the suffering or humiliation of others.
- Self-harm—content that promotes, encourages, or depicts acts of self-harm, such as suicide, cutting, and eating disorders.
- Sexual—content meant to arouse sexual excitement, such as the description of sexual activity, or that promotes sexual services (excluding sex education and wellness).
- Political—content attempting to influence the political process or to be used for campaigning purposes.
- Spam—unsolicited bulk content.
- Deception—content that is false or misleading, such as attempting to defraud individuals or spread disinformation.
- Malware—content that attempts to generate ransomware, keyloggers, viruses, or other software intended to impose some level of harm.
Additionally, except as otherwise specifically permitted in this Agreement, you shall not: (a) modify, download, intercept, or create any derivative works of the Services, including any translations or localizations thereof; (b) access or use the Services through an application or means not authorized by Librari; (c) license, sell, rent, lease, encumber, transfer, assign, distribute, disclose, post, make available, permit time sharing or simultaneous use of, or otherwise exploit the Services to or for the benefit of any third party; (d) copy, store, edit, change, exploit, download, alter, prepare any derivative work of, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, underlying ideas, or structure or organization of the Services; (e) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols, or labels on the Services; (f) provide your username and password used to access the Services to any third party; (g) use any systems or means, automated or otherwise, to access, acquire, copy, scrape, harvest, or monitor any part of the Services; (h) circumvent any technological measures employed by or on behalf of Librari to protect the Services; (i) use any other technologies or initiate any other activities that may harm the Services, or the interests or property of Librari or other users of the Services; or (j) aid or encourage any third party to engage in any activity that would constitute a breach of this Agreement.
ANY USE OF THE SERVICES NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.
As between you and Librari, you acknowledge that Librari retains all rights, title, and interest in and to all copyrights, trademarks, trade secrets, patents, and any other proprietary rights in the Services, the software and application programming interfaces (APIs) comprising the Services, and all content therein. Librari and its logo are the registered trademarks or trademarks of Librari. The Services may also contain third-party trademarks, service marks, graphics, and logos. The Services are owned and/or licensed by Librari and are protected by the laws of the United States and other countries in which the Services are made available. You agree to prevent any unauthorized copying, use, or distribution of the Services. Except as expressly provided herein, Librari does not grant any express or implied right to you under any Librari-owned or licensed copyrights, trademarks, trade secrets, patents, or other proprietary rights.
Fraud and Abuse
In order to provide the best quality Services to all of our users, we monitor the Services to detect and prevent fraud and abuse. We may, in our sole discretion, terminate your account and your access to the Services should we determine it is associated with fraudulent or abusive activities as it relates to the Services. Further, we reserve the right to pursue legal action in connection with fraudulent or abusive activities.
Retention of User Data
When using the Services, we may permit you to store data, preferences set by you, content or other information for your convenience, but we are under no obligation to retain any such data, preferences, content or other information that you may have stored and will not be liable for the deletion of any such information.
Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS”. LIBRARI DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. To the maximum extent permitted by applicable law, Librari shall not be liable to you for any lost profits, cost of substitute goods or services, or any form of indirect, special, incidental, consequential or punitive damages from any causes of action arising with respect to your use of the Services, whether arising in tort (including negligence), contract, strict liability or otherwise, whether or not you have been advised of the possibility of such damage.
You agree to defend, indemnify, and hold harmless Librari, its affiliates, and its personnel, from and against any third-party claims, including without limitation claims for intellectually property infringement, and resulting damages, losses, liabilities, costs, and expenses (including attorneys’ fees and costs) arising from or relating to your use of the Services.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach this Agreement or any of its terms or conditions. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
We reserve the right, at our sole discretion, to modify or replace these terms and conditions at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms or conditions taking effect. What constitutes a material change will be determined at our sole discretion.
Governing Law and Dispute Resolution
This Agreement will be governed by and construed and enforced in accordance with the substantive law of the State of California. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator. The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing. The prevailing party shall be entitled to an award of its attorneys’ fees and costs. Time is of the essence for any arbitration under this agreement and arbitration submissions shall be completed within 90 days of filing and awards rendered within 120 days. The arbitrator shall agree to these limits prior to accepting appointment.
If you have any questions about any of the terms or conditions in this Agreement, please contact us at firstname.lastname@example.org.