Terms and Conditions for Use
OverDrive, Inc. and its affiliates (“OverDrive”, “we”, “us”, or “our”) provides digital content, software applications, technology services and hosted websites for third parties. These Terms and Conditions for Use include all updates, supplements, additional terms, software licenses, promotional offers, and all of OverDrive’s rules and policies (collectively referred to as “Terms”). These Terms apply to all OverDrive-hosted websites, applications, software, technologies and services (collectively referred to as “Services”).
We will continue to evaluate the Terms against new technologies, business practices, and our users’ needs and may make changes to the Terms accordingly. Please check this page periodically for updates. You acknowledge that your continued use of the Services means that you agree to be bound by such changes.
OverDrive grants you a limited, revocable, non-exclusive, non-transferable license to access and make personal non-commercial use of the OverDrive Services. OverDrive reserves the right to prohibit any conduct involving the Services that it deems to be in violation of these Terms, in its sole reasonable discretion.
You shall not:
- provide inaccurate information to OverDrive to gain access to the Services;
- copy, rent, lease, sell, repair, transfer, assign, sublicense, disassemble, reverse engineer or decompile, modify or alter the Services including, but not limited to, translating or creating derivative works, under any circumstances;
- use the Services, or the contents thereof, for any commercial or illegal purpose;
- collect and/or use any product listings, descriptions, or prices, or partake in any derivative use of the Services, or the contents thereof, for independent use;
- frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of OverDrive or its suppliers;
- use any meta tags or any other “hidden text” utilizing OverDrive or its suppliers’ names or trademarks;
- use the Services in a manner that impacts the stability of OverDrive’s servers and/or impacts the behavior of other mobile applications, software, applications and/or websites using the Services, such as by using data mining, robots, scraping, or similar data gathering and extraction tools on or within the Services; and/or
- use the Services in any manner or for any purpose that may knowingly violate any law or regulation, or any right of any person including, but not limited to, intellectual property rights, rights of privacy and/or rights of personality, or which otherwise may be harmful (in OverDrive’s sole discretion) to OverDrive, its providers, its suppliers, and end users of the Services.
You are granted a limited, revocable, non-exclusive, non-transferable right to create a hyperlink to the Services so long as the link does not portray OverDrive, our suppliers, or our products or services in a false, misleading, derogatory or otherwise offensive manner. You shall not use any OverDrive logo or other graphic or trademark as part of the link without prior written permission from OverDrive.
Violation of any of the above restrictions may result in a termination of your ability to access the Services. OverDrive reserves any and all rights or remedies that may be available in the event of your breach of these Terms.
To access the OverDrive Services, you may download OverDrive’s proprietary software called “OverDrive Media Console”, use OverDrive’s browser-based reader called “OverDrive Read”, or use OverDrive’s streaming audiobook platform (collectively referred to as “Software”).
Use of the Software is governed by the terms of an end user license agreement (“EULA”), which is expressly included in these Terms. An end user must agree to the EULA, which accompanies or is included with the Software, to install and/or access any Software. The Software is made available for download or access solely for use by end users according to the EULA.
You shall not:
- copy, rent, lease, sell, repair, transfer, assign, sublicense, disassemble, reverse engineer or decompile, modify or alter the Software including, but not limited to, translating or creating derivative works, under any circumstances;
- separate the Software into its component parts for independent use;
- remove any proprietary notices and/or labels on or in the Software;
- use the Software to develop any like software or other technology having the same primary function as the Software, including but not limited to using the Software in any development or test procedure that seeks to develop like software or other technology;
- use the Software for any commercial or illegal purpose; and/or
- use, download and/or install the Software on public Internet terminals, shared devices, and/or public computers unless specified as a permitted use in the relevant Software EULA, e.g. using OverDrive Read.
Violation of any of the above restrictions may result in a termination of your ability to access the Software. OverDrive reserves any and all rights or remedies that may be available in the event of your breach of these Terms.
Digital Content License
OverDrive grants you a non-assignable, non-transferable, limited license to use the digital content provided by OverDrive’s suppliers (“Content”) for your personal, non-commercial use, subject to and in accordance with the terms of the applicable EULA and these Terms. Where permitted, you may copy, transfer and burn the Content only for your personal, non-commercial use.
You shall not:
- redistribute, repackage, transmit, assign, sell, broadcast, publicly display, rent, share, lend, modify, extract, reveal, adapt, edit, sub-license and/or otherwise transfer or misuse the Content;
- use the Content for synchronization, public performance, promotional use, commercial sale, resale, reproduction and/or distribution;
- infringe the rights of the Content’s copyright owners; and/or
- use the Software or any other means to download and/or save Content on public Internet terminals, shared devices, and/or public computers unless specified as a permitted use in the relevant Software EULA and only if permitted by Content suppliers, e.g. using OverDrive Read.
Violation of any of the above restrictions may result in a termination of your ability to access the Content. OverDrive reserves any and all rights or remedies that may be available in the event of your breach of these Terms.
Embedding Digital Content Samples
You may use and display on your website the OverDrive supplied digital content samples (“Samples”) where an embeddable code (“Embed Code”) is provided by OverDrive. By using the Embed Code to display Samples on your website (“Your Site”) You agree to be bound by these Terms. If you do not agree to these Terms, You should not use the Embed Code.
OverDrive grants you a limited, revocable, non-exclusive, non-transferable license to use the Embed Code to display Samples on Your Site. You may not access the Samples through any technology or means other than the Embed Code provided by OverDrive. You may not edit, alter or modify the text of the Samples in any way. You may not modify, build upon, block or redirect any portion or functionality of the Embed Code or the Sample, including but not limited to any links back to an OverDrive website. You may not copy, re-publish, resell, reverse engineer, or use the Embed Code or Samples in any way other than as described in these Terms.
You may not use the Embed Code on any websites that:
- Contain pornography and sexually explicit content;
- Contain offensive text or images;
- Are hate sites (on grounds of race, religion, gender, disability, age or sexual orientation);
- Contain gratuitous violence; or
- Condone or encourage unlawful acts.
Any of the above websites will constitute an “Excluded Website”.
The Embed Code and Samples are for your personal use only and cannot be used in any commercial way. You may not charge visitors to Your Site any fee for accessing the Samples, use the Samples as means to secure advertising, or commercialize the Samples or Embed Code in any way.
You may not directly or indirectly suggest any endorsement or approval by OverDrive of Your Site or any product, service, content or any views expressed within Your Site without OverDrive’s prior written approval. You may not use the Embed Code or Samples in any way that could bring OverDrive into disrepute or otherwise cause any loss or damage to OverDrive.
OverDrive may restrict, suspend or terminate your access to the Embed Code at any time in its sole discretion.
You warrant that: (i) you have fully complied with, and shall continue to comply fully with, all applicable laws and regulations; and (ii) Your Site is not an Excluded Website.
The Embed Code and Samples are made available by OverDrive on an “as is” basis and OverDrive makes no warranty of any kind in relation to the Embed Code or Samples. OverDrive makes no warranty that the Embed Code is error or virus free, and your use of the Embed Code is at your own discretion and risk. OverDrive disclaims all implied and statutory warranties to the maximum extent permitted by law.
You hereby agree to indemnify, hold harmless and defend OverDrive in respect of all damages, costs and expenses, including reasonable attorney fees and litigation expenses, arising out of or as a result of any breach of these Terms or otherwise in connection with your use of the Embed Code or Samples.
Security, Cracking and Hacking
You shall not violate or attempt to violate the security of the OverDrive Services, Software, and/or Content.
Accordingly, you shall not:
- access data or materials not intended for you;
- log into a server or account which you are not authorized to access;
- attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; and/or
- attempt to circumvent a technological measure that effectively controls access to a work protected under the Digital Millennium Copyright Act.
Violations of system or network security may result in civil or criminal liability. OverDrive reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting end users who have participated in such violations.
You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer’s functionality or operation which may be transferred to your computer via the Services, Software, and/or Content.
No Other License
Except as expressly stated herein, no other rights or licenses are granted hereunder.
Copyright, Trademark and Intellectual Property
The laws of copyright protect the Content that is made available through the Software and associated OverDrive Services. Copyrights in the Content are held by their respective owners. The Content embodies the intellectual property of a third party and is protected by law.
You shall use the Content only for your personal, non-commercial use and may copy-and-paste, transfer, and burn the Content solely for your personal, non-commercial use only where permitted by the copyright owner.
The Content and any other copyrighted material shall not be modified, copied, distributed, repackaged, shared, displayed, revealed, extracted, emailed, transmitted, sold or otherwise transferred, conveyed or used, in a manner inconsistent with your agreement with OverDrive, or rights of the copyright owner. You shall not redistribute, repackage, transmit, assign, sell, broadcast, rent, share, lend, modify, extract, reveal, adapt, edit, sub-license or otherwise transfer the Content. You are not granted any synchronization, public performance, promotional use, commercial sale, resale, reproduction and/or distribution rights for the Content. You shall not download and/or save Content on public Internet terminals, shared devices, and/or public computers without prior written permission from OverDrive.
For Content downloaded or accessed from a library service, at the end of the lending period, your license to the Content terminates, and you may no longer use or access the Content. At the end of the lending period, you shall delete and/or destroy any and all copies of the Content. In the event OverDrive, the library or other rights holders determines you are violating permitted uses of the Content, we reserve the right to suspend or terminate your ability to use or access an OverDrive service or the Content.
OverDrive, Inc., www.overdrive.com, and the OverDrive Services and/or Software are either registered trademarks, trademarks, trade names, service marks, or otherwise protected property of OverDrive and may not be used, copied or imitated without prior written permission from OverDrive. The compilation of the Content in the Services is the exclusive property of OverDrive or its licensors, and is protected by U.S. and International copyright law.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
THE OVERDRIVE SOFTWARE AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, OVERDRIVE DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, AND DUTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE OVERDRIVE SOFTWARE AND ANY OVERDRIVE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, RESULTS OF USE, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. FURTHER, OVERDRIVE DISCLAIMS ANY WARRANTY THAT YOUR USE OF THE OVERDRIVE SOFTWARE AND/OR SERVICES WILL BE UNINTERRUPTED, SECURE, TIMELY OR ERROR FREE. IN THE EVENT OF ANY INTERRUPTION OF THE OVERDRIVE SOFTWARE AND/OR SERVICES, OVERDRIVE’S SOLE RESPONSIBILITY SHALL BE TO USE COMMERCIALLY REASONABLE EFFORTS TO CORRECT THE INTERRUPTION. FOR THE AVOIDANCE OF DOUBT, YOU ACKNOWLEDGE AND AGREE THAT THESE TERMS DO NOT ENTITLE YOU AND/OR END USERS TO ANY SUPPORT FOR THE OVERDRIVE SOFTWARE AND/OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR IN WRITING, OBTAINED BY YOU FROM OVERDRIVE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
YOU AGREE THAT OVERDRIVE SHALL HAVE NO LIABILITY ARISING FROM OR RELATED TO YOUR ACCESS TO AND/OR USE OF THE OVERDRIVE SOFTWARE (OR OVERDRIVE’S SUSPENSION OR TERMINATION OF SUCH ACCESS AND/OR USE) REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, AND EXCEPT FOR BODILY INJURY, IN NO EVENT SHALL OVERDRIVE OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES AND SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE OVERDRIVE SOFTWARE, EVEN IF OVERDRIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. OVERDRIVE’S MAXIMUM AGGREGATE LIABILITY ARISING IN CONNECTION WITH THESE TERMS SHALL NOT, IN ANY EVENT, EXCEED ANY AMOUNTS RECEIVED UNDER THESE TERMS.
Termination of Access
OverDrive reserves the right to modify, suspend or discontinue the OverDrive Services (or any part thereof), Software, or any Content (or any part thereof) at any time with or without notice to you. OverDrive shall not be liable to you or any third party should we exercise such right.
Digital Millennium Copyright Act
OverDrive respects the intellectual property of others. If you believe that your copyrighted materials have been copied in a way that constitutes copyright infringement, please follow the procedure set forth in our Digital Millennium Copyright Act Notice Policy, which is expressly incorporated herein by reference and made a part of these Terms.
Compliance with Law and Disputes
The Services and Software are owned by OverDrive, Inc. Visitors who choose use our Services and Software from other jurisdictions do so on their own initiative. Those visitors are solely responsible for compliance with all laws, rules, and regulations, federal, state, local or foreign, applicable to the use of this website and information, content, material and services contained herein.
These Terms shall be governed by the laws of the State of Ohio, without regard to any conflict of laws principles. Any dispute regarding these Terms or the relationship that has been established by these Terms shall be brought in the state or federal courts residing in the State of Ohio, United States of America, and the local laws of Ohio will apply to any such action related to the above without regard to any conflicts of laws principles. Both parties submit to venue and jurisdiction in these courts.
All questions concerning these Terms, Services, Software and/or Content shall be directed to: OverDrive, Inc. One OverDrive Way, Cleveland, Ohio 44125 USA. Attention: General Counsel.
These Terms are effective as of June 2014.