Terms and Conditions
TERMS AND CONDITIONS OF USE
I. INTRODUCTION
Midwest Tape, LLC and its affiliates (collectively, “Midwest Tape,” “we,” “us,” or “our”) provide digital content, software applications, and technology, including HOOPLA. These Terms and Conditions of Use (“Terms”) apply to all HOOPLA websites, applications, and associated services and properties (including this website, our HOOPLA applications for mobile and streaming devices, and related services and properties) (collectively, the “Platform”). “Library” or “Libraries” includes libraries, schools, and other organizations that wish to make our products and Platform available to their authorized cardholders, patrons, and users (“Patrons” or “Members”).
By installing or otherwise using the Platform, you acknowledge that you have read and understand these Terms, and agree to be bound by them and our Privacy Policy, https://www.hoopladigital.com/privacy; which is expressly incorporated herein by reference and made a part of these Terms. If you do not agree to or cannot comply with the Terms, do not install or use the Platform or any software or any ebooks, audio books, images, video, music, text, or other content (“Content”) available through the Platform.
You must be an authorized Library Patron to access Content on the Platform, and to use and connect to certain areas and features of the Platform. The Platform offers a wide variety of Content to our participating Libraries, which may curate the specific Content that is made available to their Patrons. Some of the Content may be viewed as offensive, inaccurate, outdated, or controversial. You are responsible for your own use of the Platform, and parents and guardians are responsible for their children’s access to Content available via the Platform.
II. COPYRIGHT, TRADEMARK, AND INTELLECTUAL PROPERTY
All of the Content made available through the Platform is protected by intellectual property rights, including copyright, trademark, trade secret, and/or patent rights (collectively, “Intellectual Property Rights”) of Midwest Tape or its licensors or other third parties.
If you are an authorized Library Patron, you may borrow and view the Content during the designated loan period for your own, personal, non-commercial use only (“Allowed Use”) and, during that limited loan period only, Midwest Tape and/or its Content providers grant you a non-assignable, non-transferable, limited license to access the Content in digital form through the Platform and for your personal, noncommercial, entertainment use. The Content may be made accessible to you in accordance with limitations established by your Library.
All Content is owned or licensed by Midwest Tape, LLC and/or third parties. In all circumstances, you understand and acknowledge that your rights with respect to Content will be limited by copyright law. You agree that you will not attempt to modify any apps, software, or Content accessed through the Platform for any reason whatsoever, including for the purpose of disguising or changing any indications of the ownership or source of the Content.
You represent, warrant, and agree that you are using the Platform for your own personal, noncommercial, entertainment use and not for redistribution or transfer of any kind. You agree not to reproduce, modify, delete, disable, tamper with, redistribute, broadcast, publicly perform, or publicly display any Content, or otherwise transfer any Content accessed through the Platform.
You agree that you will not, for any reason, reverse engineer, decompile, disassemble, or otherwise tamper with any security components, software, usage rules, or other protection measures applicable to the Platform or Content. You agree to abide by the rules and policies established from time to time by Midwest Tape and/or its Content providers. Such rules and policies will be applied generally in a nondiscriminatory manner to users of the Platform, and may include, for example, required or automated updates, modifications, and/or reinstallations of the software, as well as obtaining available patches to address security, interoperability, and/or performance issues. Any use of the Platform or Content other than use expressly permitted under these Terms is unauthorized and may be a violation of law.
You agree not to make any use of the Content that would infringe the copyright therein. The technology related to the Platform, the HOOPLA and hoopla digital marks, and any related materials are owned by Midwest Tape and protected by Midwest Tape’s Intellectual Property Rights. The HOOPLA name and our logos may not be used in connection with any product or service that is not provided by Midwest Tape, or in any manner that is likely to cause confusion.
Other trademarks displayed on the Platform are the trademarks of their respective owners and may only be used with the permission of their owners. The display of the trademarks of third parties constitutes neither: (i) an endorsement or recommendation of those third parties; nor (ii) an endorsement of Midwest Tape or HOOPLA by those third parties.
The owners of Content are intended beneficiaries of these Terms and shall have the right to enforce these Terms against you. We also have the right to enforce these Terms, including but not limited to on behalf of the owners of Content.
Violation of any of the above restrictions may result in a termination of your ability to access the Platform and Content. Midwest Tape reserves any and all rights or remedies that may be available in the event of your breach of these Terms.III. NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT
Midwest Tape respects the intellectual property rights of others. If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been copied, used, or made available on or through the Platform in a way that constitutes an infringement of your copyright rights, please provide our copyright agent with a copyright infringement notice (“Notice”), which should include the following written information:
(1) a statement that you have identified on the Platform material that infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act, if applicable);
(2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single Notice, a representative list of such works at that site;
(3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Midwest Tape to locate the material (e.g., a URL and/or screen shot);
(4) your full name, email address, postal address, and telephone number through which you can be contacted;
(5) a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(6) a statement by you that the information in the Notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; and
(7) a physical or electronic signature (which may be a scanned copy) of a person authorized to act on behalf of owner of the work that is allegedly infringed.
Midwest Tape’s agent for notice of claims of copyright infringement on or regarding the Platform can be reached as follows:
Midwest Tape’s Designated Agent
By mail:
Midwest Tape / HOOPLA Designated Agent
1417 Timberwolf Dr.
Holland, OH 43528
USA
By email: copyright@hoopladigital.com
By phone: (419) 868-9475
By fax: (567) 703-8775
If you are unsure about your rights
regarding certain material, or whether there has been an infringement of
your rights, we suggest you obtain legal advice before sending a Notice to
Midwest Tape.
IV. SECURITY
You agree that you will not violate or
attempt to violate the security of the Platform, any associated software,
and/or Content.
You agree that it is your responsibility to install anti-virus software
and related protections against viruses, Trojan horses, worms, malware,
time bombs, “bots,” or other computer programming routines, methods, or
engines that are intended to damage, destroy, impair, or otherwise exploit
a computer’s functionality or operation which may be transferred to your
computer or device via the Platform, any associated software, and/or
Content.
V. NO OTHER LICENSE
Except as expressly stated herein, no other rights or licenses are granted hereunder.
VI. SUBMISSIONS
All remarks, suggestions, feedback, ideas, graphics, and other information communicated to Midwest Tape through the Platform (each a “Submission” and collectively the “Submissions”) will forever be the property of Midwest Tape and you hereby assign any and all copyrights, patents and other intellectual property rights in and to such Submissions to Midwest Tape. Midwest Tape will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities to any Submission that may appear in future Midwest Tape operations. Without limitation, Midwest Tape will have exclusive ownership of all present and future existing rights (of every kind and nature everywhere) to the Submissions. Midwest Tape will be entitled to use any and all Submissions for any commercial or other purpose whatsoever without compensation to you or any other person sending any Submission. You acknowledge that you are responsible for whatever material you submit, and you, not Midwest Tape, have full responsibility for the material, including its legality, reliability, appropriateness, originality, and copyright. You agree that any material you submit does not violate the Intellectual Property Rights, or any other rights, of any third party.
VII. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
WE ARE COMMITTED TO PROVIDING YOU AND OUR PARTICIPATING LIBRARIES THE BEST PRODUCTS AND EXPERIENCE. THE PLATFORM (INCLUDING ALL SOFTWARE, CONTENT, AND OTHER INFORMATION, MATERIALS, SERVICES, AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM), HOWEVER, IS PROVIDED “AS-IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND FROM MIDWEST TAPE OR ANY OWNERS OF CONTENT. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MIDWEST TAPE AND ALL OWNERS OF CONTENT DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER MIDWEST TAPE NOR ANY OWNER OF CONTENT WARRANTS THAT THE PLATFORM OR ANY SOFTWARE, CONTENT, INFORMATION, MATERIALS, SERVICES, OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM IS OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER MIDWEST TAPE NOR ANY OWNER OF CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PLATFORM OR FROM ANY SOFTWARE, CONTENT, INFORMATION, MATERIALS, SERVICES, OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM, OR FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID FOR THE SPECIFIC ITEM OF CONTENT GIVING RISE TO THE APPLICABLE CLAIM FOR DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN THE EVENT OF A
NON-EXCLUDABLE PROVISION, AND TO THE EXTENT MIDWEST TAPE OR ANY CONTENT
OWNER IS ABLE TO LIMIT YOUR REMEDY FOR A BREACH OF THE NON-EXCLUDABLE
PROVISION, THEN MIDWEST TAPE’S AND/OR THE CONTENT OWNER’S LIABILITY FOR
BREACH OF THE NON-EXCLUDABLE PROVISION IS LIMITED TO ONE OR MORE OF THE
FOLLOWING AT MIDWEST TAPE’S OPTION:
(a) THE IN CASE OF GOODS, THE
REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS, THE REPAIR OF
THE GOODS, THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING
EQUIVALENT GOODS, OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED;
OR
(b) IN THE CASE OF SERVICES,
THE SUPPLYING OF THE SERVICES AGAIN, OR THE PAYMENT OF THE COST OF HAVING
THE SERVICES SUPPLIED AGAIN.
SUBJECT TO ANY OBLIGATIONS UNDER THE NON-EXCLUDABLE PROVISIONS, MIDWEST TAPE’S AND ANY CONTENT OWNERS’ MAXIMUM AGGREGATE LIABILITY FOR ALL CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THEIR SUBJECT MATTER, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), IN EQUITY OR UNDER STATUTE WILL NOT IN ANY CIRCUMSTANCES, EXCEED THE AMOUNT PAID FOR THE SPECIFIC ITEM OF CONTENT GIVING RISE TO THE APPLICABLE CLAIM FOR DAMAGES.
VIII. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Midwest Tape and its affiliates and their respective directors, members, officers, employees, and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of the use of the Platform, including but not limited to, the violation of these Terms, or infringement.
IX. TERMINATION OF ACCESS
Midwest Tape may, from time to time, remove Content from the Platform without notice. Midwest Tape reserves the right to modify, suspend, or discontinue the Platform (or any part thereof), any associated software, or any Content (or any part thereof) at any time with or without notice to you. Midwest Tape shall not be liable to you or any third party should it exercise such right.
X. TECHNOLOGY EXPORT CONTROL
Through the Bureau of Industry and Security
and its use of the Export Administration Regulations, the United States
government has implemented export control laws that regulate the export
and re-export of technology originating from within the United States.
This technology includes the electronic transmission of information or
software. The export control laws regulate the exporting or re-exporting
of this technology to foreign countries and to certain foreign
nationals. By establishing an account with HOOPLA, you agree to
abide by these laws and regulations, including but not limited to, the
Export Administration Act, U.S. Foreign Corrupt Practices Act, and the
Arms Export Control Act and not to transfer, by electronic transmission or
otherwise, any Content from the Platform to either a foreign national or
foreign destination in violation of such laws.
XI. THIRD-PARTY LINKS AND PROPERTIES
The Platform may include links to websites,
services, applications, or other properties owned and maintained by third
parties not related to Midwest Tape. Any links to the websites, services,
applications, or other properties of third parties are provided for your
convenience only, and do not imply endorsement by Midwest Tape of such
third parties or the content contained therein. We are not responsible for
the availability of, or the content or products offered or displayed on or
through any third-party link, website, service, application, or other
property. You should contact those third parties with any concerns
regarding such links, websites, services, applications, or other
properties. Use of any third-party links, websites, services,
applications, and other properties is subject to the terms and conditions
of use and privacy policies of the third parties. We encourage users to
review all of the third parties’ policies and terms of use.
Midwest Tape disclaims all warranties, express or implied, as to the
accuracy, legality, reliability, or validity concerning any third parties
and their product or content offerings, and any recourse for
dissatisfaction or problems with any third party must be directed to the
third party and not Midwest Tape.
Any opinions, advice, statements, offers, or other information or content
expressed or made available by third parties are those of the third party
and not of Midwest Tape. Site links to the websites, services,
applications, or other properties of third parties are not intended to
imply, directly or indirectly, that those third parties endorse or have
any affiliation with Midwest Tape.
Additionally, you are prohibited from hot-linking, in-line linking, and/or
engaging in any other linking method of incorporating parts of the
Platform into another website, service, application, property, or any
third party without the prior written consent of Midwest Tape.
XII. GOVERNING LAW AND JURISDICTION
The Platform is hosted within the United States, and can be accessed from the United States and from other countries around the world. Although each of these jurisdictions has laws that may differ from those of the United States, if you are located outside the United States, you agree that by accessing the Platform, your use of the Platform will be governed by and interpreted pursuant to the laws of the United States of America and the State of Ohio, notwithstanding any principles of conflicts of law.
You agree to resolve any claims relating to the Platform, software for or associated with the Platform, and/or Content through final and binding arbitration before a single arbitrator in Lucas County, Ohio, USA. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Any in-person arbitration proceedings shall occur in Lucas County, Ohio, unless the arbitrator determines that another, mutually convenient arbitration forum is required by applicable law. By accessing the Platform you agree to submit to the jurisdiction of the State of Ohio and agree that Lucas County, Ohio shall serve as the exclusive venue for any disputes relating to the Platform, software for or associated with the Platform, and/or Content. You may only resolve disputes with Midwest Tape on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
XIII. COMPLIANCE WITH LAWS AND INTERNATIONAL USE
You assume all knowledge of applicable laws
and are responsible for compliance with any such laws. You may not use the
Platform in any way that violates applicable state, federal, or
international laws, regulations, or other government requirements.
Furthermore, we make no representation that Content on the Platform is
appropriate or available for use in any particular jurisdiction, and
accessing the Platform and/or Content from territories where it is illegal
is prohibited. Those who choose to access the Platform from other
locations outside of the United States do so on their own initiative and
at their own risk, and are responsible for compliance with applicable
local laws and regulations.
XIV. MISCELLANEOUS
Midwest Tape reserves the right to use any
information available by virtue of use of the Platform in order to comply
with any law, to enforce our Terms of Use or Privacy Policy, or to protect
the rights or property of Midwest Tape and its affiliates and partners.
These Terms and our Privacy Policy https://www.hoopladigital.com/privacy, constitute
the entire agreement and understanding between you and us, superseding any
prior agreements and understandings, and govern your use of the Platform.
Our failure to enforce or exercise any right or provision of these Terms
shall not constitute a waiver of such right or provision. If any provision
of these Terms shall be unlawful, void, or unenforceable for any reason,
the other provisions (and any partially enforceable provision) shall not
be affected thereby and shall remain valid and in full force and
effect. You agree that these Terms may be assigned by Midwest Tape,
in our sole discretion, to a third party in the event of a business
transaction involving ownership of the Platform or a change in ownership
or control of Midwest Tape. The section titles and headings in these Terms
are for convenience only and have no legal or contractual effect.
No agency, partnership, joint venture, or employee-employer relationship
is intended or created by these Terms of Use.
Any rights not expressly granted herein are reserved by and for us.
Midwest Tape will use commercially reasonable efforts to promptly respond
and resolve any issue or question.
XV. CONTACTING US
You may email any questions regarding these Terms to privacy@hoopladigital.com.
These Terms are effective as of April 24, 2023.