Terms of Service
Welcome to Oakleafbooks Online Library!
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
This is a contract between you and Oakleaf Books. You must read and agree to these terms before using the Oakleaf Books Service. If you do not agree, you may not use the Service.You must be 16 years or older to use the Services. If you are less than 18 years of age and would like to register to use any part of the Services, please ask your parent or legal guardian to review and agree to these terms before you use any part of the Services, or ask them to complete the purchase or registration on your behalf. Supplemental terms and conditions may apply to some Services, such as rules for a particular competition, promotion, service or other activity, or terms that may accompany certain content accessible through the Services. Supplemental terms and conditions will be disclosed to you in connection with such competition, service or activity. Any supplemental terms and conditions are in addition to these terms and, in the event of a conflict, prevail over these terms. The Service is not available to any Users previously removed from the Service by Oakleaf Books.
B. Oakleaf Books Accounts
Your Oakleaf Books account gives you access to the services and functionality that we have established and which will be updated from time to time and in our sole discretion.You should never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Oakleaf Books immediately of any breach of security or unauthorised use of your account. Oakleaf Books will not be liable for any losses caused by any unauthorised use of your account. You may control your User profile and how you interact with the Service by changing the settings in your “account settings” page. By providing Oakleaf Books your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your “account settings” page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
1. Licence Grant. Subject to the terms of this Agreement, Oakleaf Books & Library Consultancy (“Oakleaf Books”) hereby grants you a non-exclusive, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service License to access and use database.oakleafbooks.se (“Database”) listed on your approved Order Form, invoice or purchase order solely at your principal location and those locations listed on any Additional Sites Schedule. Any remote access rights and/or limits on simultaneous users are specified on the Order Form. Except as expressly set forth in this Agreement, you do not acquire any intellectual property rights of the Database or any associated software, systems, documentation or other materials. All such rights and interests remain in Oakleaf Books and its licensors. Oakleaf Books may terminate this license at any time for any reason.
Use of Our Service
2. Authorised Users. By “Authorised User” we mean only: (1) Individuals (2) For public libraries: library staff, individual residents of your reasonably defined geographic area served and walk-in patrons while they are on-site; (3) For schools and other academic institutions: currently enrolled students, faculty, staff, visiting scholars and walk-in patrons while they are on-site; and (4) For other types of organizations: your employees, independent contractors and other temporary workers while they are performing duties within the scope of their employment or assignment.
3a. Remote Access for Individual subscribers will have direct access through SignIn.
3b. Remote Access for Institutions: Your subscription allows you to provide remote access to the database, you will strictly limit such access to Authorised Users through the use of passwords, IP addresses or other secure method of user verification. You will not share access with other schools, libraries, institutions or third parties either directly or indirectly, unless such school, library, institution, or third party is listed on the Additional Sites/Member Libraries Schedule. You will immediately notify us if you believe your security has been compromised.
4. No redistribution. You may not allow any use of the Database that will infringe the copyright or other proprietary right of Oakleaf Books or its licensors. You may not use the Database to create products or perform services which compete or interfere with those of Oakleaf Books or its licensors.
5. Permitted Uses. The Database may be used for your internal research or educational purposes, as follows:
a. Education and Research. All subscribed members are Authorised Users and are permitted to use information contained in the database for educational, scientific, or research purposes, provided that in doing so you or your Authorised Users do not violate an express provision of this Agreement.
b. Digital and Print copies. Authorised Users may download Search Results of a reasonable portion of Database so long as each work is retrieved directly from the online database system in a manner that causes a “hit” to be registered on the online system. All downloads and electronic storage of materials retrieved through the Database shall be for your own internal or personal use as allowed under the doctrines of “fair use” and “fair dealing”. Downloading of all or parts of Database in a systematic or regular manner or so as to create a collection of materials comprising all or a material subset of the Database is strictly prohibited whether such collection is in electronic or print form.
c. Fair Use/Fair Dealing. Nothing in this agreement restricts your use of the materials contained within the Database under the doctrines of “fair use” or “fair dealing” as defined under the laws of the Sweden.
d. Scholarly Sharing. You and your Authorised Users may provide to a third party colleague minimal, insubstantial amounts of materials retrieved from the Database for personal use or scholarly, educational or scientific research use in hard copy or electronically, provided that in no case any such sharing is done in a manner or magnitude as to act as a replacement for the recipient’s or recipient institution’s own subscription to either the Database or the purchase of the underlying Work.
e. MARC Records. You may load Oakleaf Books’ MARC record products into your Online Public Access Catalog (OPAC) containing your library holdings provided such records are not loaded into a shared online catalog system such as WorldCat without Oakleaf Books’ prior written consent.
6. Access and Use.
a. You are responsible for local telecommunication connections if they are needed and any related third-party charges.
b. Oakleafbooks Database is a Global Books Database, an online product. We may seek to assist you from time to time regarding hardware and software compatibility with the Database, however, OAKLEAF BOOKS SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY FOR DETERMINING THE COMPATIBILITY OF ANY HARDWARE OR SOFTWARE NOT SUPPLIED BY OAKLEAF BOOKS WITH THE DATABASE AND PROVIDES NO WARRANTY WITH RESPECT TO THE OPERATION OF SUCH HARDWARE OR SOFTWARE WITH THE DATABASE.
c. Assignment. You may not assign this Agreement or any right granted hereunder without the prior written consent of Oakleaf Books, which consent shall not unreasonably be withheld.
7. Supplemental Terms.
a. Updates. Oakleaf Books will announce any substantial additions, deletions or modifications of information to the Database, capabilities or services within its electronic mailing list service. These shall be subject to the terms and conditions of this Agreement at the time they are added to the Database but shall not materially alter your use of the Database.
b. Systems Usage. To protect the Database for the research and educational use of Authorised Users, automated searches against systems are not permitted with the exception of non-burdensome federated search services. Data mining is prohibited.
8. Fees and Payments. You agree to pay the fees for the Database as shown on the order form, attached invoice, or accepted purchase order on Subscription.
If you elect to use our Service, you agree to the pricing and payment terms of Oakleaf Books, which we may update them from time to time. Any change to our pricing or payment terms shall become effective in the billing cycle following a notice of such change to you and would commence in your next cycle or as provided in this Agreement.
Oakleaf Books provides an online service for finding books, research online and you may order books from us if you wish.
Oakleaf Books subscriptions renew automatically using the payment details on file for your account. If you purchase a subscription with automatic renewal, you acknowledge and agree that we are authorized to use the payment information on file for the renewal fee.Your subscription will renew quarterly or annually on the same day of the month or year, respectively, as the date you made your initial purchase. This date will be included on your subscription confirmation receipt that will be emailed to you at the email you provide. You may cancel your account at any time from within the payments section of your profile. This will stop future subscription charges from accruing to your account.
C. No Refunds
You may cancel your Oakleaf Books account at any time; however, there are no refunds for cancellation. Oakleaf Books may offer partial, pro rata refunds for Oakleaf Books’ early suspension, termination, or cancellation of a paid program, where the pricing and payment terms for the specific Oakleaf Books program expressly state that such refunds are available in such scenarios and/or as required by law. In the event that you cancel your account or Oakleaf Books suspends or terminates your account or this Agreement for your breach of this Agreement, you understand and agree that you shall receive no refund or exchange for any Oakleaf Books Indicators, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.
9. Term and Termination.
a. Term. The Database is a subscription-based product, the term of your rights and access shall continue from the Start Date until the Expiration Date as those are listed on the Order Form or an accepted purchase order, plus any renewal term(s) agreed to. You are granted a perpetual license to the most current version of the Database purchased, subject to the continued application of Acceptable Use Provisions of this Agreement (Section 1-6, above). This Agreement shall continue in force for so long as you are within the term at Oakleaf Books.
b. Termination for Breach. If a party breaches any material term of this Agreement and does not cure after 30 days written notice, the Agreement may immediately be terminated in whole. In addition, Oakleaf Books reserves the right to pursue any other legal remedy available to it.
c. Remedial Action. Without limiting the above, Oakleaf Books may suspend delivery of Product(s) to you if it reasonably determines that your failure to comply with the Acceptable Use Provisions may cause irreparable harm to it or its licensors under the specific circumstances. If delivery is suspended, Oakleaf Books will work with you in good faith to restore your access as soon as possible.
10. Privacy. The Database does not require the entering or capture of personally identifiable user information. Oakleaf Books makes no representation as to whether any national laws may regulate your administration of Authorised Users’ access to the Database or require you to obtain consent from any Authorised User.
11. No Warranty
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, OAKLEAF BOOKS, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. OAKLEAF BOOKS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE OAKLEAF BOOKS SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND OAKLEAF BOOKS WILL NOT BE A PARTY TO OR IN ANYWAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES
12. Limited Warranty and Disclaimer of Warranty. Oakleaf Books warrants that it has all rights necessary to enter into this Agreement and to provide the Database to you. EXCEPT AS PROVIDED IN THE PRECEDING SENTENCE, THE DATABASE IS PROVIDED BY OAKLEAF BOOKS TO YOU “AS IS” AND “AS AVAILABLE.” THE WARRANTIES IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, OAKLEAF BOOKS WARRANTS THE USE OF THE DATABASE WILL BE UNINTERRUPTED OR ERROR-FREE OR MAKES ANY WARRANTY AS TO THE AVAILABILITY OF THE DATABASE, THE ACCURACY, TIMELINESS, CORRECTNESS, RELIABILITY, CURRENCY OR COMPLETENESS OF THE INFORMATION OR THE RESULTS OF YOUR USE OF THE DATABASE, THE SOFTWARE OR THE INFORMATION, EVEN IF ASSISTED BY OAKLEAF BOOKS.
13. Limitation of Liability. THE MAXIMUM LIABILITY OF THE LICENSOR ARISING OUT OF ANY CLAIM RELATED TO THE DATABASE WHETHER IN CONTRACT, TORT OR OTHERWISE SHALL BE LIMITED TO THE TOTAL AMOUNT OF FEES RECEIVED BY OAKLEAF BOOKS FROM YOU FOR THE PRODUCT AT ISSUE UP TO THE TIME THE CAUSE OF ACTION GIVING RISE TO SUCH LIABILITY OCCURRED. IN NO EVENT SHALL THE LICENSOR BE LIABLE TO YOU FOR ANY LOST PROFITS, OR ANY OTHER INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES RELATED TO THE USE OF THE DATABASE OR THE LICENSOR’S FAILURE TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT, REGARDLESS OF WHETHER THE LICENSOR IS DEEMED NEGLIGENT, EVEN IF IT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OAKLEAF BOOKS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL OAKLEAF BOOKS BE RESPONSIBLE FOR ANY DAMAGE, LOSSOR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT ORTHE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OAKLEAF BOOKS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL OAKLEAF BOOKS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO OAKLEAF BOOKS HEREUNDER OR $100.00, WHICHEVER IS GREATER. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, ORANY OTHER BASIS, EVEN IF OAKLEAF BOOKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Service is controlled and operated from facilities in Sweden. Oakleaf Books makes no representations that the Service is appropriate or available for use in other locations.Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Swedish and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by Sweden, or are a foreign person or entity blocked or denied by the Swedish government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in Sweden.
a. Taxes. Except to the extent that you are tax-exempt as to the tax in question, you are responsible for any local taxes or import duties imposed on the Database. Oakleaf Books’ principal place of business where this contract is formed and all services will be deemed performed is SNICKAREGARDSVAGEN 12, 683 93 NORTH RADA, SWEDEN
b. Waiver. Failure to enforce any provision of this Agreement shall not be construed to be a waiver of such provision.
c. Force Majeure. Neither Party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to acts of God, Government Restrictions (including the denial or cancellation of any export or other necessary license), wars, acts of terrorism and/or any other cause beyond the reasonable control of the party whose performance is affected.
d. Interruption of Online Database. THE LICENSOR shall not be liable or deemed in default of this Agreement for any failure or delay or interruption in the online Database or any failure of any equipment or telecommunications resulting from any cause or circumstance beyond the reasonable control of Oakleaf Books.
16. Governing Law and Arbitration
A. Governing Law.
You agree that: (i) the Service shall be deemed solely based in Sweden; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Oakleaf Books, either specific or general, in jurisdictions other than Sweden. This Agreement shall be governed by the internal substantive laws of Sweden, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Sweden for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO. ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM OAKLEAF BOOKS. In the unlikely event that Oakleaf Books has not been able to resolve a dispute it has with you after 60 days, we each agree to resolve any claim, dispute, or controversy (excluding any Oakleaf Books claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms of Service, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the Judicial Mediation and Arbitration Services (“JAMS”) under the Optional Expedited Arbitration Procedures than in effect for JAMS, except as provided herein. The arbitration will be conducted in Sweden, unless you and Oakleaf Books agree otherwise. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Oakleaf Books from seeking injunctive or other equitable relief from the courts as necessary to protect any of Oakleaf Books’s proprietary interests. ALL CLAIMS MUST BE B