BiblioLabs, LLC —
Community Content Portal Service License Agreement
This Community Content Portal Service License Agreement (the “Agreement”) is between the author, owner or creator submitting work (“Creator”), the library whose portal the Creator submitted the Work, as defined below, (the “Library”), and BiblioLabs, LLC (“BL”). Under this Agreement, the Creator grants the Library and BL certain rights as defined below to the work created or owned by the Creator and any meta-data (collectively, the “Work”) and provided by Creator to the Library and BL.
1. Grant of Rights. Creator hereby grants to the Library and BL a royalty-free, non-exclusive, worldwide right to receive, store, use, reproduce, distribute, display, market, import, export, download and upload, compile with other similar works in a derivative work, and transmit the Work, in whole or in part, in such tangible and electronic formats, sublicense to any third-party publishing platform or distribution platform (“Sublicensee”), as may be in existence now or developed in the future, specifically and exclusively to public libraries (“Public Libraries”). Public Libraries shall mean any library (whether physical or electronic), which is operated or funded by any national, federal, state, local, municipal, public service district, quasi-governmental agency, nonprofit entity, or to which the general public may have access without the payment of a subscription or similar fee. Creator further grants to the Library and BL the right to include an abstract, annotation or description, bibliography and other appropriate metadata in any index and/or finding products or services of the Library or BL, a Sublicensee, or alternative third-party service used by the Library, BL or a Sublicensee. The rights granted herein are perpetual.
2. Reservation of Rights. Except for the rights expressly granted or waived to the Library, BL and its Sublicensee(s), the Creator reserves to itself all intellectual and proprietary rights in the Work.
3. Redistribution of the Work. The rights granted by Creator automatically and expressly include the right to allow the distribution of the Work, in whole or in part, by BL or a Sublicensee or their agents and distributors, exclusively to Public Libraries. Creator grants BL and its Sublicensee(s) the right to make an abstract, annotation or description, and other metadata associated with the Work available to search engines, discovery services and harvesters. CREATOR EXPRESSLY AGREES AND ACKNOWLEDGES THAT IT IS NOT ENTITLED TO ANY ROYALTIES FROM THE LIBRARY, BL OR ANY BL SUBLICENSEE UPON THE SALE AND DISTRIBUTION TO PUBLIC LIBRARIES OF THE CREATOR’S WORK AS CONTEMPLATED UNDER THIS AGREEMENT.
4. Restriction. The Library, and BL will use commercially reasonable efforts to restrict the distribution of the Work to Public Libraries. NOTWITHSTANDING ANY OBLIGATIONS TO PROTECT CREATOR’S CONTENT WITHIN THIS AGREEMENT, THE LIBRARY OR BL CANNOT AND DOES NOT GUARANTEE THAT THERE WILL BE NO UNAUTHORIZED COPYING, DISTRIBUTION, OR DELETION OF CREATOR’S CONTENT NOR WILL THE LIBRARY OR BL BE LIABLE FOR ANY COPYING, DISTRIBUTION OR USAGE OF THE CREATOR’S CONTENT NOT AUTHORIZED BY THE LIBRARY, BL OR CREATOR.
5. Rejection and Removal from Program. The Library and BL reserve the right to decline publishing or to reject for publication an Creator’s Work. The Library and BL reserve the right to REMOVE any Work from the Library, BL or a Sublicensee’s platform, at any time for any reason or no reason at all. Should Creator subsequently seek to revoke the license granted herein, Creator must provide an express, written request, sent by certified mail, directed to BL at the following address:
BiblioLabs, LLC ATTN: LEGAL DEPT
100 Calhoun Street, Suite 220
Charleston, SC 29401
BL shall, within 180 days of receipt of such request, remove Creator’s work from the BL platform.
6. Delivery of the Work. Creator shall provide BL any and all necessary supporting documents during the online submission process.
7. Rights Verification. Creator represents and warrants that Creator is the copyright holder of the Work and has all necessary rights and licenses to the Work, including third party material incorporated within the Work (including but not limited to images, photographs, logos, service marks, and copyrighted material contained within the Work) necessary to permit the Library and BL to reproduce, distribute and sublicense the Work as contemplated in this Agreement. Creator is solely responsible and will indemnify the Library, BL and its Sublicensees for any third party claims related to the Work as submitted to the Library or BL. If Creator has an actual, constructive or a good faith belief that an infringement claim is likely to occur with regard to any content included in the Work, Creator will immediately notify BL, who will promptly discontinue offering the infringing content, or providing access to the infringing content.
8. No Assurances. If Creator’s Work is selected for publication and distribution on a BL Sublicensee’s platform, BL makes no assurances and no representations about possible sales, number of reviews, person who may review the Work, amount of publicity about the Work, or any monetary offers by third party to publish the Work.
9. Governing Law; Jurisdiction; Venue. This Agreement shall be governed and construed by the laws of the State of South Carolina. Creator agrees to submit to the exclusive Personal Jurisdiction of the County of Charleston, South Carolina and a competent court that would have subject matter jurisdiction over the dispute that arises out of this Agreement or any transaction contemplated under this Agreement. Heretofore, Creator waives any objections and affirmative defenses as to the personal jurisdiction of a competent court in Charleston County, South Carolina that would have personal jurisdiction or the venue of said proceedings.
10. Waiver. The failure of any party to enforce any provision of this Agreement will not constitute a waiver of the party’s rights to subsequently enforce the provision. The remedies specified in this Agreement are in addition to any other remedies that may be available to a party at law or in equity.
11. Severance. If any provision of this Agreement is held to be invalid, such invalidity will not affect the remaining provisions.
Acknowledgement: I have read, understand and agree to this Community Content Portal Service License Agreement, including all rights, restrictions, releases of liability, warranties and indemnities.