Bookshare Membership Agreement
Welcome to Benetech!
This Terms of Use document (this “TOU”) constitutes a binding agreement between you and Beneficent Technology, Inc., a California non-profit public benefit corporation, doing business as “Benetech®” (“the company”, “we“, “us” or “our”). This TOU contains the rules, covenants and restrictions that govern your interaction with Benetech, on our corporate website at https://www.benetech.org and your use of Benetech’s products and services, including specifically, Bookshare®, Benetech’s flagship product and software-as-a-service located at https://www.bookshare.org). Collectively, the two URLs may be referred to, together, as the “Benetech Platform”.
By clicking the acknowledgement below, or otherwise by subscribing to the Bookshare Service, or by simply browsing and exploring the Benetech Platform, you are agreeing to, and are bound by, this TOU, including the mandatory arbitration provision and class action waiver in Section 8 below, and you are also agreeing to the Benetech privacy policy, located at https://benetech.org/about/privacy-policy/, which is supplemented by the Bookshare privacy policy, located at https://www.bookshare.org/privacy. If you do not agree with any portion of this TOU, including the mandatory arbitration and class action waiver provisions, then do not click “accept” or other similar icon and do not use the Benetech Platform.
PLEASE CAREFULLY READ SECTION 8 BELOW, WHICH CONTAINS THE ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES, FOR THOSE RESIDING IN THE UNITED STATES.
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At Benetech, we believe that equitable access to education is a human right. Our mission is to provide both technology and services that break down systemic barriers and empower all individuals, including the most underserved, regardless of ability and reading differences. We partner with local communities, throughout the United States and around the world, to promote and expand inclusive and equitable education opportunities, allowing students, jobseekers, and other adults to read, learn, and pursue their dreams, through the availability of books and other reading materials (“Content”). Bookshare is an online learning platform with a large collection of Content, including copyrighted books and other copyrighted reading materials presented in accessible formats and/or containing accessible features (“Accessible Content”). Bookshare also hosts localized online collections of Accessible Content in other countries. Bookshare (sometimes referred to as the “Bookshare Service“), was designed and built, and is continuously maintained, expanded and improved by Benetech.
In addition to the Accessible Content, which the Bookshare Service offers to qualified print-disabled individuals in compliance with applicable law Chafee Amendment, Indian Copyright Act, 1957 and Digital Millennium Copyright Act and Digital Rights Management, the Bookshare Service also offers to all visitors, its collection of freely-available books and other freely-available reading materials (the “Uncopyrighted Content”).
MODIFICATION OF THIS TOU
This TOU is an integral part of the agreement and governs your use of the Benetech Platform.
We may change, add or remove portions of this TOU at any time. If we make a material change to this TOU, we will post a notice of such change on both the Benetech website and the Bookshare website by updating the date at the top of the first page of this TOU after the words ”Last Updated On”. If you continue to use the Benetech Platform after any change(s) has/have been posted, then, you shall be bound by this TOU, as revised, when you use the Benetech Platform. We encourage you to periodically review this page for the current version of this TOU.
As with your acceptance of this TOU upon your first introduction, if you do not agree with any term of this TOU, as revised, after a change has been posted, you must discontinue your use of the Bookshare Service, and of all other features of the Benetech Platform. In either case, you may (1) delete your account and/or (2) discontinue your use of the Benetech Platform.
If any change to this TOU is found by the company’s administration to be invalid or unenforceable, for any reason, that change is severable and does not affect the validity and enforceability of the remainder of this TOU. This TOU, together with the Benetech Privacy Policy and the Bookshare Privacy Policy, constitutes the entire agreement between the company and you with respect to your use of the Benetech Platform and the services, and it supersedes all prior or contemporaneous communications and proposals between the company and you with respect thereto. Any failure by the company to exercise or enforce any right or provision of this TOU shall not constitute a waiver of such right or provision.
Summary of this TOU
We encourage you to read this entire TOU; but, for your convenience, we are providing the following bullet points to highlight the fundamentals of the agreement into which you are entering with Benetech.
This TOU addresses two (2) sets of terms:
First, in Section A below, we present the terms that are applicable to everyone who accesses the Benetech Platform, whether you are seeking only Uncopyrighted Content or you are seeking Accessible Content, which is available only to qualified print-disabled individuals.
Second, in Section B, we present the additional terms applicable only to those who are seeking, and who are qualified to search and download, the Accessible Content:
- If you are seeking Accessible Content for yourself, then you promise you will not share the Accessible Content with anyone, including others who may have a qualifying print disability. Each subscriber must open his or her own account and must download and read only his or her own copies of Accessible Content; and,
- However, if you are a teacher, librarian, school administrator or staff seeking Accessible Content for a qualified individual; then you may share Accessible Content with that certain qualified individual, and you promise you will not share the Accessible Content with anyone other than that certain qualified individual, including others who may have a qualifying print disability; and,
- If you are seeking Accessible Content; then you acknowledge that a violation of Section B below constitutes a violation of the U.S. Copyright Law of 1976, as amended, and may result in termination of your Bookshare subscription and in legal action taken against you.
SECTION A. THE FOLLOWING TERMS ARE APPLICABLE TO EVERYONE:
A-1. OWNERSHIP OF THE BENETECH PLATFORM AND CONTENT
The Benetech Platform and all Content available on the Benetech Platform including without limitation any trademarks, logos, service marks, trade dress, text, and graphics, is the property of Benetech and/or certain third-parties. You have no right to such Content, or services, or the underlying software, if not expressly granted in this TOU. Nothing contained on the Benetech Platform should be construed as granting, by implication or otherwise, any license to any of the Content, or services, or the underlying software, without the written permission of the party that holds the proprietary rights, whether it be Benetech or a third party.
A-2. USE OF THE BENETECH PLATFORM
When we use the terms “you” or “your” in this TOU, we are referring to the individuals who use our Benetech Platform, such as visitors and subscribers, described is Sections 2.1 and 2.2; and, if you are under eighteen years of age, the terms “you” or “your”, as used in this TOU, refer to your parent(s) or legal guardian(s) or teachers who may assign books to you from Bookshare.
2.1 Visitors. A visitor, as the term implies, is an individual who explores one or more webpages on the Benetech Platform to see what Benetech has to offer, and to evaluate whether or not he or she wishes to subscribe to the Bookshare Service.
2.2. Subscribers. A subscriber is either (1) an individual who purchases a subscription plan for himself or herself, or for another individual, such as his or her minor child or (2) an organization that purchases subscriptions to provide to its members. Subscription plans for accessing copyrighted materials require a proof of disability (a “POD”) and are subject to fees. The subscription fees for all subscribers who are students, who submit a POD and who reside in the United States are subsidized by the U.S. Department of Education, Office of Special Education; and, thus, students receive Bookshare Services free-of-charge. The fees and terms of each subscription plan are detailed on the Bookshare website.
A-3. YOUR ACCOUNT
3.1 Your access to, and use of your subscriber account, if and when you subscribe to Bookshare, is protected by your user identification and password. You are responsible for the safety of your login information and for restricting access to your devices, and you agree to accept responsibility for all activities that occur under your account or password. You agree that any registration information you provide on the Benetech Platform will be accurate and complete.
3.2 The security of your account depends upon your selection of a secure password and your keeping it safe. For your security, we require that your password meet all the following criteria:
(a) it must be between eight (8) and thirty-two (32) characters long,
(b) it must contain at least one (1) letter and one (1) number, and
(c) it must not contain your user name or email address, or social security number, or any other easily guessed information..
Most symbols and punctuation are allowed; and, non-printable characters, such as “TAB” are not allowed. Finally, your password may not be the same as any of your previous passwords.
3.3 It is important that you keep your username and password confidential, as anyone who knows those pieces of information may access your account. If you have reason to believe the security of your account has been compromised, please notify Benetech customer service immediately and change your password. You can change your password by clicking on the “request a new password” link on the homepage of Bookshare or on the mobile application menu. If you misuse or abuse your access to Bookshare, Benetech may discontinue your access without prior notice.
A-4. RESTRICTIONS
4.1 You may not transfer or assign your account without Benetech’s written consent, whether you have only a browsing account, or you have an individual subscription or you have a subscription obtained through an organization. However, we may assign all or part of our rights and/or duties under this TOU in connection with a sale of all, or substantially all, Benetech’s assets to a non-profit third party.
4.2 The Benetech Platform, the services and the Accessible Content are protected by copyrights, trademarks, trade secrets, database rights or other sui generis rights and other intellectual property rights, under U.S. laws and/or under international laws.
4.3 You agree not to use the Benetech Platform for any unlawful, unauthorized or abusive purpose or in any way which interferes with our ability to provide the Benetech Platform and/or any services to our subscribers, or in any way that damages our business, or imposes or could impose (in Benetech’s sole discretion) an unreasonable or disproportionately large load on our infrastructure. Benetech may take actions we deem reasonably necessary to prevent fraud and abuse of the Benetech Platform, the services and/or any Content, which actions may include placing restrictions on the amount of Content or other services that can be accessed from the Benetech Platform within any given period of time.
Without limiting the foregoing, you also agree not to do any of the following:
4.4 Use any spider, scraper, bot, script or other automatic device, process, routine or technique to access the Benetech Platform or any Content, that could interfere or attempt to interfere with the functionality of the Benetech Platform, for any purpose without our express written permission; or
4.5 Use any manual processes to copy Content from the Benetech Platform without our express written permission; or
4.6 Interfere with any other person’s use and enjoyment of the services; or
4.7 Disrupt, interfere with or damage the Benetech Platform, including without limitation through the use of viruses, bots, Trojan horses, harmful code, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, including methods that in any way reproduce or circumvent the navigational structure or presentation of the Benetech Platform; or
4.8 Modify, publish, transmit, reproduce, sell, distribute, broadcast, display (e.g., post on any social media, or create new works from) or exploit in any way whatsoever, or create derivative works with any Content without written permission and appropriate attribution; or
4.9 Remove any proprietary notices or labels from Content; or
4.10 Attempt to disable, reverse engineer, bypass, modify, defeat, or otherwise circumvent any digital rights management or other protection system applied to Content or used as part of the Benetech Platform.
A-5. NO WARRANTIES FROM BENETECH, OR FROM ANY PUBLISHER OR AUTHOR
5.1 ALL CONTENT OFFERED ON THE BENETECH PLATFORM, BOTH UNCOPYRIGHTED CONTENT AND ACCESSIBLE CONTENT IS PROVIDED “AS IS.” BENETECH, THROUGH AND TOGETHER WITH ITS DIRECTORS, OFFICERS, EMPLOYEES, ADVISORS AND AGENTS (COLLECTIVELY, THE “COMPANY ” AND EACH, A “COMPANY AFFILIATE“) MAKE NO WARRANTIES WHATSOEVER REGARDING THE CONTENT OR SERVICES AND DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT OF INTELLECTUAL PROPERTY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. WE CANNOT AND DO NOT GUARANTEE (1) THAT THE BENETECH PLATFORM WILL BE AVAILABLE AT ALL TIMES, AS UNAVAILABILITY MAY BE DUE TO UNSCHEDULED MAINTENANCE, BACKUP, OR OTHER SYSTEM OUTAGES, AND PROVIDING ADVANCE NOTICE MAY NOT BE POSSIBLE AT ALL TIMES, AND (2) THAT ANY OF THE SERVICES WILL BE FREE FROM VIRUSES OR ANY OTHER CODE THAT MAY HAVE CONTAMINATING OR DESTRUCTIVE ELEMENTS. IT IS YOUR RESPONSIBILITY TO INSTALL AND MAINTAIN APPROPRIATE SECURITY SAFEGUARDS, SUCH AS ANTI-VIRUS SOFTWARE.
5.2 Bookshare is a not for-profit, social enterprise. The Bookshare staff, volunteers, authors and publisher partners are all cooperating to help overcome the barriers to access faced by people with disabilities, and many are cooperating without compensation. Therefore, neither Bookshare , nor any publisher or author warrants that the content is error-free, nor that the Benetech Platform (including specifically, the Bookshare Service) will not be interrupted. You understand that Bookshare’s volunteers and staff work to accurately label all of the books in the collection, by title, author, adult content status and quality. If you discover an error in such labeling, you can let Bookshare know and the staff will examine the book to correct any possible error(s) if they agree that the suggested error is actually wrong. You also acknowledge that the vast majority of content on Bookshare is made available without the active participation of publishers or authors, so publishers and authors are not responsible for errors or problems with the Accessible Content. Furthermore, publishers and authors have not waived any of their other legal rights under applicable laws by permitting the distribution to people with disabilities, copyrighted works owned by them, when such works have been converted into Accessible Content
5.3 The foregoing section shall survive termination of your Bookshare account; however, some jurisdictions do not allow the disclaimer of implied warranties. If you reside in such a jurisdiction, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
A-6. YOUR COVENANTS, REPRESENTATIONS AND WARRANTIES
You covenant, represent and/or warrant to Benetech:
6.1 that you are at least thirteen years old if you reside in the United States or in the U.K., and at least sixteen years old if you reside anywhere other than the United States or the U.K.,
6.2 that, if you are under eighteen years old, your parent or legal guardian has read this TOU and agrees with all the terms herein, and has given you permission to use the service,
6.3 that you understand and agree to the indemnity and hold harmless covenant below, and you agree to cooperate as fully as reasonably required in the defense and indemnification of any such claim, and that Benetech reserves the right to, at its own expense, assume the exclusive defense and control of any matter subject to indemnification by you.
6.4 that you shall comply with, and abide by, all applicable laws and the restrictions set forth in this TOU.
6.5 that all personal information you provide in setting up your initial account, and/or in setting up a subscription with the Bookshare Service is true, accurate, and unique to you; that you will update your account information as and when necessary to maintain accuracy, and a breach of this representation may result in immediate termination of your Bookshare Service account.
6.6 that you are responsible for preserving the confidentiality of your password and will not use the login credentials of any other subscriber without such person’s authorization.
6.7 that you will immediately notify Benetech at support@bookshare.org, within twenty-four hours after discovery, in the event of any known or suspected unauthorized access to, or use of, your Bookshare account or any known or suspected breach of security.
6.8 that you consent to receive notifications from Benetech electronically to the email address you provide to us; and you agree that all notices and other communications sent electronically from Benetech satisfy any legal obligation that such communications be delivered to you in writing.
A-7. INDEMNITY AND HOLD HARMLESS
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY AND COMPANY AFFILIATES, FROM AND AGAINST ANY AND ALL CLAIMS (DAMAGES AND/OR EXPENSES, INCLUDING ATTORNEYS’ FEES), WHETHER KNOWN OR UNKNOWN, ARISING FROM, INCURRED AS A RESULT OF, OR IN ANY MANNER RELATED TO (A) YOUR USE OF THE BOOKSHARE SERVICE OR THE BENETECH PLATFORM, OR (B) YOUR COVENANTS AS STATED IN THIS TOU OR (C) YOUR REPRESENTATIONS AND WARRANTIES AS STATED IN THIS TOU OR (D) YOUR NEGLIGENCE OF WILLFUL MISCONDUCT IN INTERACTING WITH THE BENETECH PLATFORM. YOU HEREBY AGREE TO WAIVE (TO THE EXTENT PERMISSABLE) ALL LAWS THAT MAY LIMIT THE SCOPE AND EFFECTIVENESS OF THE FOREGOING RELEASES, SUCH AS, CALIFORNIA CIVIL CODE § 1542 WHICH STATES:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
NOTWITHSTANDING THE FOREGOING, YOU SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS (DAMAGES AND/OR EXPENSES, INCLUDING ATTORNEYS’ FEES) ARISING FROM THE INTENTIONAL OR GROSSLY NEGLIGENT ACTS OF ANY COMPANY AFFILIATES. THIS INDEMNIFICATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF YOUR SUBSCRIBER ACCOUNT.
A-8. GOVERNING LAW; JURISDICTION AND VENUE FOR RESOLUTION OF DISPUTES, ARBITRATION AND CLASS ACTION WAIVER
8.1 Please read this Section A-8 carefully because it requires you to arbitrate certain disputes and claims with the company, and it limits the manner in which you can seek relief from us.
8.2 This TOU shall be governed by and construed in accordance with the laws of the United States of America and the State of California, as an agreement completely performed within the State of California, excluding that any provision applicable to conflicts of law and the United Nations Conventions on Contracts, if applicable. You agree that, except for (a) claims related to intellectual property, (b) claims that may be properly filed in small claims court, and (c) claims for equitable relief (collectively, “Excluded Claims”), any dispute, based on any legal theory whatsoever, arising out of or relating to the Benetech Platform, the services rendered to you pursuant to this TOU (“Covered Claims”) shall be resolved by binding individual arbitration, administered by JAMS in Palo Alto, California, in accordance with the JAMS Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”).
8.3 For the convenience of the parties, and in accordance with the JAMS Rules for remote proceedings, the arbitration proceedings may be conducted virtually by remote teleconferencing platform, if any party to the arbitration so requests; and, the decision of the arbitrator shall be final, and shall be enforceable in any court of competent jurisdiction. You hereby waive any objection you may have now or hereafter to the laying of the venue of any such arbitration proceeding, and you irrevocably submit to the jurisdiction of any such arbitrator, in settling any dispute.
8.4 Prior to initiating arbitration for a Covered Claim (as defined in Section 8.2), both parties agree that they will provide written notice of the potential claim to the opposing party setting forth: (a) the factual and legal basis for the claim, (b) contact information for the potential claimant and his or her counsel, if any, and (c) the remedies the claimant is seeking, including the amount of alleged monetary damages (the “Claim Notice”). The Claim Notice shall be provided on an individualized basis; and, following receipt of the Claim Notice by the opposing party, the parties agree to make a good faith effort for at least sixty (60) days to resolve the claim before resorting to more formal means of resolution (e.g., arbitration or any court action. This informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. Any relevant limitations period and filing fees or other deadlines shall be tolled while the parties engage in this informal dispute resolution process.
8.5 You agree that the determination regarding the scope, the applicability of this Section 8 to arbitrate, including, but not limited to any claim that all or part of this Section 8 is void or voidable, and whether a claim is actually subject to arbitration, and any dispute about the payment of administrative fees or arbitrator fees, will be resolved solely by final and binding arbitration in accordance herewith. The parties acknowledge that the Federal Arbitration Act governs the interpretation and enforcement of this Section 8. YOU UNDERSTAND AND AGREE THAT YOU ARE SURRENDERING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND THE RIGHT TO TRIAL BY JURY, IN FAVOR OF A HEARING BEFORE A NEUTRAL ARBITRATOR. However, this Section 8 does not preclude you from bringing issues to the attention of federal, state or local agencies, and if the law permits, such agencies can seek redress on your behalf.
8.6 You and the company agree that each party may bring disputes relating to either or both Covered Claims and Excluded Claims against the other party only in an individual capacity, and not as a plaintiff or class member in any purported or representative proceeding, including without limitation, a Federal or state class action or class arbitration.
8.7 Should there be a final judicial determination that applicable law precludes enforcement of the foregoing Sections’ limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may instead be sought in court. However, the parties agree that any adjudication of remedies which are not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies. This Section 8 does not preclude or prevent you or the company from participating in a class-wide settlement of claims.
A-9. LIMITATION ON LIABILITY
9.1 In no event will the company, or any company affiliate (as defined in Section 5.1) be liable (jointly or severally) to you or any other person as a result of your access to, or use of, the services or the Content for indirect, consequential, special, incidental, punitive or exemplary damages, including without limitation, lost profits, lost savings, lost revenues, lost goodwill or computer failure or malfunction (collectively, the “Excluded Damages”).
9.2 The foregoing limitations apply whether the alleged liability is based on negligence, tort, contract or other theory of liability, even if any of the company affiliates have been advised of the possibility of, or could have foreseen any of the Excluded Damages, and irrespective of any failure of an essential purpose of a limited remedy.
9.3 If any applicable authority holds any portion of this Section to be unenforceable, then the company affiliates’ liability will be limited to the fullest extent permitted by applicable law.
A-10. PRIVACY
Our Benetech Privacy Policy, supplemented by the terms of our Bookshare Privacy Policy, explains how we collect, use and disclose your information. The privacy policies form part of our agreement with you, and incorporated into this TOU by this reference. For full details, please refer to our Benetech Privacy Policy, as supplemented by, and to be read in conjunction with, our Bookshare Privacy Policy
A-11. LINKS TO THIRD PARTY SITES
The third party sites linked to the Benetech Platform, if any, are not generally under Benetech’s control and, thus, Benetech is not responsible for the content of any linked site. Any such links included on the Benetech Platform, have been selected by Benetech for our subscribers’ convenience only. Benetech’s selection or omission of a link to a third party site is not intended to serve as an endorsement or rejection of any particular enterprise or any particular product. If you decide to access any of the available third party sites linked to the Benetech Platform or Bookshare Service, you do so entirely at your own risk. Benetech does not and cannot monitor, verify, edit or censor the content on any third party site. The collection and use of your personal information which you decide to share and disclose on such third party site is not governed by Benetech’s privacy policy, but instead is governed by the terms of the privacy notice of that third party site. Once you click a third party link and leave the Benetech environment, you release Benetech and hold Benetech harmless from any and all liability that might arise from your use of such third party website.
A-12. NO LICENSE GRANTED; ONLY A RIGHT TO USE
Benetech does not grant to you any license to or other property interest in the proprietary software underlying the Benetech Platform or the Bookshare Service, the related documentation, or any enhancements or modifications thereto. However, a subscription to the Bookshare Service does provide you a limited, revocable, non-exclusive, non-transferable right to use the Benetech Platform and the Bookshare Service, for so long as the subscription fee for your account is paid in full. You are not permitted to license, assign or transfer your right to use the services; and any attempt to license, assign or transfer shall be null and void.
A-13. TERMINATION BY US
Our business may change over time and we reserve the right to modify the Benetech Platform, to modify or cancel any of the services, including any subscription plan, in whole or in part, and to terminate your subscription and use of the services at our discretion without notice. Our failure to insist upon or enforce your strict compliance with this TOU will not constitute a waiver of any of the company’s rights.
SECTION B. THE FOLLOWING ADDITIONAL TERMS ARE APPLICABLE TO THOSE WITH QUALIFIED PRINT DISABILITIES WHO ARE SEEKING ACCESSIBLE CONTENT:
B-1. The Accessible Content is only for your individual use as a person with a qualified print disability.
You understand that the only purpose for which you are permitted to download these copyrighted books, newspapers and other reading materials from Bookshare, is for your personal access and use. You can adapt the Content to your personal needs. However, with the exception of hardcopy Braille versions of the books, you are not permitted to distribute any Content to any other person or to any organization.
B-2. Qualified print disabilities are significant disabilities that affect reading, and satisfy the legal definitions.
You represent that you have a significant vision disability, physical disability or learning disability that prevents you from reading standard print unassisted. You meet the requirements of United States Copyright Act, 17 U.S.C. §121 (or comparable local legislation in other countries) as a person with a print disability and will, before your subscription becomes effective, provide proof of your disability to Bookshare, either directly or through an organization with which you work, such as your school.
B-3. You understand and acknowledge that you are not permitted to share the Accessible Content with others.
Access to Bookshare’s Accessible Content is a privilege, and it is based on a social bargain between the donating copyright holders (generally publishers and authors) and the disability community. It is important to not redistribute Accessible Content to other individuals, regardless of whether or not they would qualify for Bookshare. You agree to use the Accessible Content you obtain from Bookshare solely for your personal use. You agree not to share your password with anyone, unless that person is your caregiver, teacher, parent or guardian who agrees to use your password solely to assist you in downloading Accessible Content.
B-4. There are consequences for copyright violations, including termination of your Bookshare account.
You acknowledge that Bookshare inserts “digital fingerprints” (both obvious and hidden) in the Accessible Content you download, for the express purpose of tracking copyright violations. You agree that you won’t remove, or attempt to remove, these fingerprints. If a copyright violation occurs, Bookshare will discontinue serving you. You understand and acknowledge that violations of copyright law and this TOU may subject you and other people committing such violations to civil liability and criminal penalties, and that Bookshare will cooperate with copyright owners on investigations of such violations. If you violate the terms of this Agreement, Bookshare may unilaterally and immediately terminate your account by written notice to you (as you have agreed in this TOU, email shall suffice as written notice). You agree to defend, indemnify and hold harmless Benetech, its staff, subcontractors, technology suppliers and volunteers, as well as its contributing authors and publishers, for any damages sustained, and all legal fees and costs incurred, as a result of your violations of this TOU and/or your violation of federal copyright law and the copyright law(s) of applicable state jurisdictions.
B-5. You can voluntarily help Bookshare add Accessible Content.
Most of the Accessible Content available through Bookshare is available because others (including people with disabilities, parents, teachers and schools) scanned and proofread the digital files and added them to the Bookshare library. Bookshare welcomes any high-quality books that you scan, or have scanned for you, if those books are not yet available in the Bookshare collection. By donating high-quality scanned books, the next member or teacher who needs that book won’t have to scan it. If you want to donate your scanned books to the Bookshare collection, you acknowledge that you will have to agree to the terms of the Bookshare Volunteer Agreement.
B-6. If your subscription is not free-of-charge, or subsidized, you will be required to pay Bookshare a subscription fee to have access to the Bookshare collection.
Use of Bookshare by all qualified print-disabled students in the United States is currently subsidized by the U.S. Department of Education. If you are a qualified print-disabled student accessing Bookshare, your use of Bookshare is free-of-charge; however, when you are no longer a student in the U.S., and, if you don’t have somebody else paying for your Bookshare subscription, then you will be responsible for payment of your subscription fees by credit card, personal check, ACH withdrawal or wire transfer to Bookshare.
B-7. You will have access to assistive software.
Bookshare will make assistive software available to you to facilitate your use of Accessible Content, including, for example, our mobile reader app and our Reader for Web app that will display and speak the text aloud to you. You must use the software only for your own use on devices that you personally use.
B-8. You acknowledge that the Accessible Content on Bookshare includes adult content.
You understand that Bookshare’s volunteers and staff work to accurately label all of the books in the collection, by title, author, adult content status and quality. If you discover an error in such labeling, you can let Bookshare know and staff will examine the book to correct any identified labeling error(s) if they agree that there is, indeed, an error to be corrected. With respect to adult content, if you are 18, years of age or older, you can opt out of seeing adult content in your search results. If you are not yet 18, you will not be permitted to view adult content unless your parent or guardian provides permission in writing.
B-9. You understand and acknowledge that the scanned books are not guaranteed to be error-free, and that there is no warranty by Bookshare, or by any publisher or any author.
B-10 You agree to a few other important details, as follows:
- With respect to you, the effective date of this TOU is the first date upon which you accessed the Benetech Platform; and, for so long as you use the Bookshare Service, or merely browse the Benetech Platform, you shall be bound by this TOU, as may be amended from time to time. You may request in writing or by e-mail to: support@bookshare.org to terminate your subscription to Bookshare. You understand, however, that all Accessible Content retained after termination of your account is still subject to the restrictions on use imposed by the copyright restrictions set forth under 17 U.S. Code §121 for as long as you retain it. If your subscription is being paid for by a third party, your subscription may end when our funding from the U.S. Department of Education is terminated. For example, subscriptions funded by the Department of Education end on September 30th each year and are renewed contingent on continued funding. If you are paying for your subscription with a credit card, you hereby authorize Bookshare to charge your credit card for an annual renewal at the then-current rate for your country of residence. Bookshare will remind you of your upcoming renewal in advance of posting the charge to provide you an opportunity to decline to renew.
- Bookshare is a low-cost service, and you agree to check the Bookshare website first for answers to your routine questions. For problems or questions beyond what’s on the website, for technical support and customer support, please Contact Us.
- Benetech can change the terms of this TOU by posting the revised TOU on the Bookshare.org website, which changes you will have the option to decline, if you elect to terminate your account because you do not agree with the changes.
- This TOU is governed by U.S. copyright law and the United States’ treaties with other countries protecting the interests of the copyright owners, and by California contract and licensing laws since that is the state in which Benetech is based and the state from which Benetech operates the Bookshare Service. This TOU cannot be changed by oral agreements or assurances of any one party to it. If you violate any material term, you may be subject to arbitration to enforce the terms and the copyright laws in the State of California.
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