BiblioLabs, LLC BiblioBoard Terms of Use Agreement Orig_7/24/2012(f/k/a Nuvique 1.5 End User License Agreement Rev_9/12/2012(f/k/a Nuvique End User License Agreement) Rev_11/14/2012 Rev_4/5/2016 You shall mean ("Account Holder", and Account Holder's "User", or, collectively, "Users", whether in uppercase, lowercase, or a combination). BiblioLabs may be referred to herein as "BiblioLabs", "We" or "Us", whether in uppercase, lowercase, or a combination. The terms and conditions set forth in the BiblioBoard Creator Terms of Use Agreement is a legally binding agreement ("Agreement") between BiblioLabs, LLC and You, an individual of at least 18 years of age, or You as a user of the Platform on behalf of any Account Holder -- including a company, institution, educational institution, organization, or trust, no matter the legal form (the "Account Holder"). By accessing, entering, viewing, using, or uploading to the BiblioBoard Creator Platform Service (the "Platform"), You agree to be bound by the terms of this Agreement and the Content Policy, which is incorporated herein by reference. When you access, view, enter, upload, or use the Platform, You represent and warrant that You are an authorized User of the Account Holder who issued your User credentials with the authority to bind such Account Holder to the terms of this Agreement stated herein, and You agree to be bound by the terms for Yourself, and on behalf of such Account Holder. We make no representation that material on the Site is appropriate to or available at locations outside of the United States. You may not use the Site or export the Contents in violation of U.S. export regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all applicable local laws and payment of any local taxes that may be payable in connection with any purchase from the Site. You represent that You will use the Platform for the sole and exclusive purpose of creating an Anthology that includes Your Content, the Account Holder's Content, and/or content BiblioLabs has granted You, and/or the Account Holder a license to use in the creation or development of an Anthology. Upon acceptance of the Anthology, BiblioLabs will distribute the Anthology for purchase, viewing and downloading on one or more digital devices, such as the iPad(r), PC or tablets. If You do not agree to or with each and every term of this Agreement, exit or close the Platform immediately and do not access or otherwise use the Platform and its Content. Your use of the Platform or any content or information contained on or through the Platform shall be deemed to be Your agreement to abide and be bound by each of the terms set forth herein. You acknowledge that You have read and understood, and agree to be bound by, the terms and conditions of this Agreement. STOP! IMPORTANT! If you are no longer an authorized User of the Account Holder or affiliated with the Account Holder you agree to immediately cease using the Platform under the login and password provided to You as an authorized User of the Account Holder. 1. DEFINITIONS. "Account Holder" means the person, entity (including academic institutions, for profit and non profit organizations), which registers an Account with BiblioLabs to use the Platform. "BiblioLabs Properties" means any and all places that where BiblioLabs sells, displays, advertises, or otherwise promotes an Anthology, such as the BiblioLabs' Websites. "BiblioLabs Websites" means any and all websites owned, created, or operated by BiblioLabs (including but not limited to www.bibliolabs.com, www.biblioboard.com, www.creator.biblioboard.com or www.library.biblioboard.com). "Anthology" means Content, Account Holder Content, and or User Content (as those terms are defined in the Account Holder Agreement) compiled into a theme by the Account Holder or You with the intent to be viewed as a discreet unit of information. "Content" means the content available on the Platform. Content may include any form of media including but not limited to books, music, letters, pamphlets, leaflets, handbills, photographs, film, video, images and any other forms of media. "Content Policy" means that policy (as amended) that describes Content that is unacceptable to Us and may not be uploaded to the Platform. 2. ELIGIBILITY. The Platform and its Content is not available to persons under the age of 18 years or to any Users suspended or removed from the Platform. By, accessing, viewing, or otherwise using the Platform and its, Content, You represent that You are at least 18 years of age and have not been previously suspended or removed from the Platform. 3. MODIFICATION OF TERMS. We may make changes to this Agreement, the Platform or its Content at any time. 3.1 We will post the latest terms of this Agreement on the Platform or the BiblioLabs Website. 3.2 You agree that You will review the latest terms of the Agreement prior to any use of the Platform. 3.3 You agree to cease using the Platform and its content, if any modification is unacceptable to You. If you fail to cease using the Platform, You will be conclusively deemed to have accepted the change(s). 3.4 Except as stated in the applicable amendment(s), all amended terms shall automatically be effective as soon as they are posted as indicated above, and/or sent to Users. 3.4.1 Except as posted by BiblioLabs to its website or the Platform, this Agreement may not be otherwise amended, and no terms may be waived by BiblioLabs, except in a writing, hand signed by pen on paper (or as set forth below) by You and an authorized representative of BiblioLabs. 3.5 For purposes of this provision, a "writing" does not include an email message, text, chat, or the like, sent from any device existing now or later developed and a signature does not include an electronic signature. 4. NOTICE. BiblioLabs will attempt to provide You with notices, including those regarding changes to this Agreement, by email, regular mail, or postings on, or through the Platform or the BiblioLabs Websites. Notice is conclusively given if any changes are posted on the Platform or the BiblioLabs website. Other than posting on the Platform or the BiblioLabs Websites, BiblioLabs is not obligated to provide notice of amendment to this Agreement. The making available or posting of the terms on the BiblioLabs Website or the Platform without more is deemed and agreed to be sufficient notice of amendment(s). 5. COMMUNICATION BETWEEN YOU AND BIBLIOLABS. When You access the Platform or the BiblioLabs Websites or send BiblioLabs e-mails, You are communicating with BiblioLabs electronically. You consent to receive communications from BiblioLabs electronically. We will communicate with You by e-mail, the Platform's messaging system, or by posting notices on the Platform or the BiblioLabs Website. You agree that all agreements, notices, disclosures, and other communications that BiblioLabs provide to You electronically satisfy any legal requirement that such communications be in writing. You agree to provide us with, and maintain in Your Platform user profile, Your current and active email address. 6. LICENSE GRANT. 6.1. LICENSE TO BIBLIOLABS. Subject to the terms and conditions of this Agreement, You hereby grant BiblioLabs and its Affiliates, a non-exclusive, fully paid, royalty-free, worldwide, license to receive, store, use, display, perform, reproduce in digital format, market, import, export, download, upload, promote, transmit, translate, resell, modify, enhance, and distribute any and all Content supplied by You ("User Content"), and anything, including Anthologies, You create using the Platform (including all descriptions, enhancements, and writings of any kind) solely in connection with the sale and distribution of the Anthology (however sold, displayed, or accessed) You create. YOU WILL NOT UPLOAD CONTENT THAT YOU DO NOT HAVE THE RIGHTS TO OR THAT WILL INFRINGE UPON THE COPYRIGHT OR ANY OTHER RIGHT OF ANY OTHER PERSON OR ENTITY. 6.2. LICENSE TO OTHER USERS. Subject to the Account Holder's election at the time of registration, (that is either Option 1. which permits BiblioLabs to make available Account Holder Content and User Content Available to Platform Users or Option 2 which prohibits BiblioLabs from making the Account Holder Content and User Content available to other Platform users), by uploading, making available for download, viewing, or accessing Your User Content through the Platform, You hereby grant to authorized Platform users, regardless of affiliation a non-exclusive, fully paid, royalty-free, worldwide, license to receive, store, use, display, perform, reproduce in digital format, market, import, export, download, upload, promote, transmit, translate, resell, modify, enhance, and distribute any and all Your User Content. 6.3. REVOCATION OF LICENSE. If You are the Account Holder (as that term is defined herein and in the Account Holder License Agreement) You may prospectively revoke or terminate the license granted to Users in 6.3 above in Your User Content by notifying BiblioLabs; however, the rights granted to other users who have already used Your User Content in their Anthologies are not extinguished with regard to those Anthologies and survive the termination of the license granted in 6.3 above. Further, the rights granted to BiblioLabs shall survive the termination of the license in cases where Your User Content has been distributed or sold as a part of an Anthology. Only the Account Holder may revoke or terminate the license in the Your Content; however, the rights stated in paragraph 6.3 shall survive the termination of the license. Any dispute regarding the rights, title and interest in the Your User Content uploaded to the Platform by You or at Your direction is between You and the Account Holder and not BiblioLabs. BIBLIOLABS SHALL NOT BE LIABLE TO YOU FOR ANY CLAIM OF INFRINGEMENT YOU MAY HAVE NOR SHALL BE OBLIGATED TO MAKE ANY ROYALTY PAYMENTS TO YOU FOR ITS USE OF YOUR CONTENT, IF YOU WERE THE USER OF AN ACCOUNT HOLDER. 6.4. BiblioLabs reserves all rights not expressly granted in these Terms. 7. PLATFORM LICENSE AND USER CONTENT 7.1.1. ACCESS TO PLATFORM AND ANTHOLOGY DEVELOPMENT. BiblioLabs grants You a limited non-transferable license to the Platform for You to access and build Anthologies with the Content now existing and existing in the future on the Platform, User Content and Account Holder Content pursuant to the terms of this Agreement and Account Holder Agreement. 7.2. LIMITATION OF LICENSE. Except for the license set forth herein and for the express purpose of developing Anthologies, You acknowledge and agree that You have no right to modify, edit, copy reproduce, create derivate works, alter enhance or exploit any of the Content in any manner. You do not and will not have any right to (a) resell, re-license, republish, distribute, or transmit any aspect of any Content (excluding Content You own all rights, title and interest, including copyrights) ; (b) use any aspect of any Content obtained from or through the Platform to develop a Anthology for a third party, other than for the Account Holder, or for sale and distribution by BiblioLabs; (c) remove, change, or obscure any copyright, trademark, or other notice contained in or on any Content; (d) make any aspect of the Platform or any Content available through any type of harvesting program. 7.3. User Account. As either an Account Holder or an authorized User of the Account Holder, You (or the Account Holder) created (or BiblioLabs provided) a unique login and password. 7.3.1 You are the sole authorized user of the login and password and are solely and fully responsible for maintaining the security of Your login and password. 7.3.2 You may not transfer, sell, or assign your login and password to another person or entity. You agree to immediately notify BiblioLabs, if the security of Your login and password are breached, compromised or misappropriated. 7.3.3 You agree to immediately notify BiblioLabs if Your login and password is used without Your authorization. You will not create multiple user accounts, particularly so as to abuse any of the BiblioLabs policies, guidelines, or systems. 7.3.4 You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. YOU ARE STRICTLY PROHIBITED FROM USING YOUR USER ACCOUNT TO MISAPPROPRIATE OR SURREPTITIOUSLY DOWNLOAD ANY CONTENT STORED ON THE PLATFORM, REMOVING OR DELETING ANY CONTENT FROM THE PLATFORM, OR RESELLING AND REPURPOSING ANY CONTENT ON THE PLATFORM. ANY VIOLATION OF THE ABOVE IS A MATERIAL BREACH OF THIS AGREEMENT AND CAUSE FOR BIBLIOLABS TO EITHER IMMEDIATELY SUSPEND OR TERMINATE YOUR ACCESS TO THE PLATFORM. 7.4. LICENSE TO UPLOAD CONTENT TO PLATFORM. You shall upload Account Holder's Content and User Content through the Platform subject to the Content Policy, which is incorporated by reference. You accept and acknowledge that once You upload Account Holder's Content or User Content, BiblioLabs will have no obligation to return such copy of anything You upload or add to the Platform. 7.5. WARNINGS. You are uploading content at your own risk, that is, your content may be subject to unauthorized copying or distribution. BiblioLabs cannot and does not guarantee that there will be no unauthorized copying, distribution, or deletion of Account Holder's Content or Your User Content. BiblioLabs shall not be liable for any copying or usage of the User Content and Your User Content not authorized by BiblioLabs or You. 8. OWNERSHIP 8.1. BIBLIOLABS OWNERSHIP. Subject the Account Holder's and Your copyrights and license in Content, BiblioLabs will own all rights, title and interest (including copyright) in and to any Anthology You create, individually or as an authorized User for an Account Holder, under this Agreement. BiblioLabs and its Affiliates will have legal title to the copy of each Anthology created under this Agreement. BiblioLabs shall have the right to sell an unlimited number of Anthologies in any and all media, including as a content application in BiblioBoard. 8.2. OWNERSHIP IN CONTENT. Except as this Agreement specifically provides, neither party will acquire any right to use, or any title or interest in, the other party's Intellectual Property Rights. 8.3. Intellectual Property. If Your User account is associated with an Account Holder, each Anthology You create will be an original collection created by You as a "WORK-MADE-FOR-HIRE" specially ordered or commissioned by the Account Holder. ? If for any reason, any Anthology is not deemed to be a WORK-MADE-FOR-HIRE under applicable law, You hereby irrevocably assign to BiblioLabs all rights whether now known or hereafter devised (including all copyrights and all extensions and renewals of copyrights) in and to each Anthology throughout the world, including any and all of Your rights to authorize, control, or profit from the exploitation of each Anthology by any media and means now known or hereafter devised.? You waive all "moral rights of authors" that may exist or any similar rights. If You are not permitted to by law to waive "moral rights", then the You grant BiblioLabs a power of attorney to exercise Your "moral rights" in any manner BiblioLabs sees fit. This power of attorney granted by You to BiblioLabs is coupled with an interest and is irrevocable. BiblioLabs may, but is not obligated to, provide attribution to You in connection with any Anthology or to display, use or otherwise exploit any Digital Collection. You hereby grant BiblioLabs a royalty-free, perpetual, nonexclusive, worldwide, transferable license to use and display any biographical information or photographs that You provide to BiblioLabs in connection with this Agreement in any and all media in any manner whatsoever. Upon request by BiblioLabs, and at Your own cost, You will promptly provide BiblioLabs with such documents and agreements as the BiblioLabs may deem necessary, in its sole discretion, to further evidence and confirm Your transfer of all rights, representations, warranties, and covenants under this Agreement. In the event that BiblioLabs is unable for any reason to secure Your signature to any document required to file, prosecute, register, or memorialize the assignment of any copyright, mask work or other applications or to enforce any copyright, mask work, moral right, trade secret or other proprietary right under this Agreement, You hereby irrevocably designate and appoint BiblioLabs and BiblioLabs' duly authorized officers and agents as Your agents and attorneys-in-fact to act for and on Your behalf and instead of You, (i) to execute, file, prosecute, register and memorialize the assignment of any such application, (ii) to execute and file any documentation required for such enforcement, and (iii) to do all other lawfully permitted acts to further the filing, prosecution, registration, memorialization of assignment, issuance, and enforcement of copyrights, mask works, moral rights, trade secrets or other rights under this Agreement, all with the same legal force and effect as if executed by You. 8.4. Copyright and Trademark Infringements; Notification. BiblioLabs respects the intellectual property rights of others, and BiblioLabs requires You to do the same. BiblioLabs may, in appropriate circumstances, and at our sole and unfettered discretion, terminate service and/or access to the Platform for user who infringe, are accused of infringing, or whom we suspect have infringed on the intellectual property rights of others (including without limitation the Account Holder). 8.5. BIBLIOLABS DMCA TAKEDOWN NOTICE AND COUNTER NOTIFICATION POLICY. If You believe that Your work is the subject of a copyright infringement, please follow the DMCA Copyright Notice Policy posted on the BiblioLabs Websites. 9. Warranties and Representation. You are solely responsible for User Content and the consequences of posting or publishing it. By uploading and publishing Content, You affirm, represent and warrant that: 9.1. You are the creator and owner of or have all the necessary licenses, rights, consents, releases, and permissions to use and to authorize BiblioLabs and other users to use User Content as necessary to exercise the licenses granted by You in this Agreement and in the manner contemplated by BiblioLabs and these terms. 9.2. User Content does not and will not (a) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secrets, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, or libel any other person or entity. YOU WILL NOT UPLOAD WORKS THAT YOU DO NOT HAVE THE RIGHTS TO. YOU WILL NOT INFRINGE UPON THE COPYRIGHT OR OTHER RIGHT OF ANY OTHER PERSON OR ENTITY. 9.3. User Content does not contain or link to any cookies, viruses, adware, spyware, Trojans, or other malicious code. 10. INDEMNIFICATION. You shall indemnify and hold harmless BiblioLabs and its Affiliates against any direct claims, losses, liabilities and costs (including reasonable legal fees) ("Claims"), arising out of or in connection with a breach or alleged breach of the warranty. You shall use Your best endeavors to mitigate such Claims. 11. TERMINATION. BiblioLabs may, in its sole and unfettered discretion, for any or no reason, and without penalty, terminate and/or suspend Your access to the Platform without notice. BiblioLabs prefers to advise You of Your inappropriate behavior and to recommend any necessary corrective action. However, certain violations of these terms, as determined by BiblioLabs in its sole and unfettered discretion, may result in immediate termination of Your access to the Platform and Content. If BiblioLabs terminates Your access to the Platform, BiblioLabs may delete Your user profile(s) but will not be obligated to, and may delete any Content that You have provided in connection with the Platform. BiblioLabs has the right to terminate any password-restricted account for any reason. 12. DISCLAIMER OF WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PLATFORM AND ACCESS TO ITS CONTENT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE PLATFORM AND CONTENT IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. BIBLIOLABS EXPRESSLY DISCLAIMS ANY WARRANTIES, REPRESENTATIONS, GUARANTEES AND CONDITIONS OF ANY KIND WHETHER EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT. BIBLIOLABS MAKES NO WARRANTIES THAT: (A) THE PLATFORM OR CONTENT WILL MEET YOUR REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (B) THAT DEFECTS IN THE PLATFORM OR THE PLATFORM'S CONTENT WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BIBLIOLABS OR ITS REPRESENTATIVE AGENTS SHALL CREATE A WARRANTY. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA AS A RESULT OF YOUR DOWLOANDING, UPLOADING, ACCESSING, VIEIWING, TRANSMITTING, OR RECEIVING MATERIAL OR CONTENT FROM THE PLATFORM. 13. LIMITATION OF LIABILITY. IN NO EVENT SHALL BIBLIOLABS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE PLATFORM AND CONTENT, EVEN IF BIBLIOLABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BIBLIOLABS' LIABILITY TO YOU FOR ANY CAUSE OF ACTION WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT, IF ANY, PAID TO YOU BY BIBLIOLABS FROM THE SALE OF A DIGITAL COLLECTION DURING THE TERM OF THIS AGREEMENT. 14. MISCELLANIOUS. 14.1 Relationship of the Parties. Nothing contained in this Agreement will create a partnership, joint venture, or agency relationship between the parties. The parties will act as independent contractors hereunder, and neither will have the authority to bind the other with respect to any third party. 14.2 Severance. If any provision of this Agreement is held to be invalid, such invalidity will not affect the remaining provisions. 14.3 Waiver. The failure of BiblioLabs to enforce any provision of this Agreement will not constitute a waiver of its rights to subsequently enforce the provision. The remedies specified in this Agreement are in addition to any other remedies that may be available to it at law or in equity. 14.4 GOVERNING LAW. The laws of the State of South Carolina shall govern without regard to its conflict of laws provisions. You agree to submit to the exclusive personal jurisdiction of a competent court in the State of South Carolina. You agree that any suit You bring for any dispute arising out of this Agreement or Your use of the Platform must be brought in a competent court exclusively in the State of South Carolina. BiblioLabs' failure to exercise or enforce a right or term of this Agreement shall not be construed as a waiver of such rights. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action You have against BiblioLabs arising out of or related to use of the Application or any Collection must be filed within one (1) year after such claim or cause of action arose or it shall be forever barred. BIBLIOBOARD CREATOR CONTENT POLICY 1. Abuse of Platform. You agree to not surreptitiously download Content from the Platform, repurpose, modify, translate, copy, distribute, display, perform, or sell Content, except for the purposes of building Digital Collections. You agree that its use of the system will not cause the introduction contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. Further, You agree to indemnify BiblioLabs for any losses resulting from the interruption of services, including but not limited to loss of potential revenue, value of digital files, and Content (this shall include but not be limited to any Content either owned or licensed to BiblioLabs) and man-hours required to repair and restore the Platform. 2. Prohibited Activity. You must use the Platform in a manner consistent with any and all applicable laws and regulations. The following are examples of the kind of Content that is illegal or prohibited to post on the Platform. BiblioLabs reserves the right to investigate and take appropriate legal action against anyone who, in BiblioLabs' sole discretion, violates this provision, including without limitation, removing the offending Content from the Platform and terminating the registration of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of BiblioLabs: a) is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; b) harasses or advocates harassment of another person; c) exploits people in a sexual or violent manner; d) contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website; e) solicits personal information from anyone under 18; f) publicly posts information that poses or creates a privacy or security risk to any person; g) constitutes or promotes information that You know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; h) constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work; i) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; j) involves commercial activities and/or sales without prior written consent from BiblioLabs such as contests, sweepstakes, barter, advertising, or pyramid schemes; k) violates the privacy rights, publicity rights, defamation rights, copyrights, trademark rights, contract rights or any other rights of any person. The following are examples of the kind of activity that is illegal or prohibited on the Platform and through the use of the Platform. BiblioLabs reserves the right to investigate and take appropriate legal action against anyone who, in BiblioLabs' sole discretion, violates this provision, including without limitation, reporting You to law enforcement authorities. Prohibited activity includes, but is not limited to: a) criminal or tortious activity, including child pornography or erotica, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, "pyramid schemes," Ponzi schemes, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; b) circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Platform c) forging any TCP/IP packet header or any part of the header information in any posting, or in any way use the Platform to send altered, deceptive, or false source-identifying information; d) activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; e) interfering with the access of any User, host or network to the Platform; f) covering or obscuring any advertisements in a Digital Collection. g) any automated use of the system, such as, but not limited to, using scripts to send images or videos; h) interfering with, disrupting, or creating an undue burden on the Platform Services or the networks or services connected to the Platform; i) impersonating or attempting to impersonate another User, person or entity; j) using the account, username, or password of another User at any time or disclosing Your password to any third party or permitting any third party to access Your account; k) selling or otherwise transferring Your profile; l) using any information obtained from the Platform in order to harass, abuse, or harm another person or entity, or attempting to do the same; m) deleting, or in any manner altering, the copyright, trademark, or other proprietary rights notices appearing on any Content except Your own Content; n) using any meta tags or other hidden text or metadata utilizing the BiblioBoard Creator or BiblioBoard , or BiblioBoard and its affiliates name, trademark, URL or product name without BiblioBoard's express written consent; o) attempting to probe, scan or test the vulnerability of Platform or breach any security or authentication measures; p) collecting or store personal data about other users without their express permission; q) impersonating or misrepresenting Your affiliation with any person or entity, through pretexting or any other form of social engineering, or otherwise committing fraud; or r) using the Platform in a manner inconsistent with any and all applicable laws and regulations. 9. Protecting Copyrights and Other Intellectual Property. BiblioLabs respects the intellectual property of others, and requires that You do the same. You may not upload any material to the Platform that infringes on any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. BiblioLabs has the right to terminate Your license to the Platform. Original Date: August 7, 2012 Copyright Infringement Notice To file a Copyright Infringement notification with us you will need to send a written communication that includes substantially the following: * Your physical or electronic signature as the owner or person authorized to act on behalf of the owner of the material that is allegedly infringed. * Identification of the copyrighted work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of the material, including specific information (not general information, or a "search") where materials are located, i.e. the name of the Anthology or Collection or the link to the material on the BiblioBoard website or BiblioBoard Creator Platform. * 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 denied access on the BiblioBoard Creator Platform or in an Anthology or Collection, and information reasonably sufficient to permit us to locate the material. o Possible mechanism of identification of the infringing material can be a specific quote in the identified Anthology or Collection, a URL linking to the material, or a screen shot of the infringing material in BiblioBoard Creator or in BiblioBoard. * You must provide your address, telephone number, and, if available, an e-mail address. * You must state that you have a good faith belief that the use of the material in the manner complained of is not authorized by you as the copyright owner, or its agent, or the law. * You must state that information you are providing is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner (or you are the owner) of the material that is infringed You may send your Copyright Infringement Notice to the address, facsimile number or e-mail listed below: DMCA Complaints BiblioLabs, LLC 22 Westedge St. Suite 410 Charleston, SC 29403 USA Phone: 843-696-0416 Fax: 843-454-9419 Email: dmca@bibliolabs.com Any notice we receive may be forwarded to the person who allegedly provided the allegedly infringing Content. DO NOT MAKE A FALSE CLAIM. Please note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. Counter Notification If you believe that the material you provided or uploaded to the BiblioBoard Creator Platform or an Anthology available on BiblioBoardwas improperly removed or disabled you may submit a counter notification to the address below please make sure that the subject line of your correspondence states "Counter Notification": DMCA Complaints BiblioLabs, LLC 22 Westedge St. Suite 410 Charleston, SC 29403 USA Phone: 843-696-0416 Fax: 843-454-9419 Email: dmca@bibliolabs.com Your Counter Notification must be in the following form: 1. You must either physical sign or electronically sign the Counter Notice. 2. Identify the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. 3. A statement under penalty or perjury that the you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled. 4. Your name, address, and telephone number and a statement that you will consent to the jurisdiction of the Federal Court where your address is located or if outside of the United States, to the Federal District Court for South Carolina, Charleston Division and you will accept service of process from the person who provided the DMCA Notification or its agent. After we receive your counter notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter notification, it includes your personal information. By submitting a counter notification, you consent to having your information revealed in this way. We will not forward the counter notification to any party other than the original claimant. After we send out the counter-notification, the claimant must then notify us within 10 business days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on BiblioBoard or the BiblioBoard Creator Platform. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.