About > About the Library > Library Policies > Website Privacy Policy and Terms of Use

Website Privacy Policy and Terms of Use

October 2020

Jefferson County Public Library (Library) takes privacy seriously. The following Privacy Policy and Terms of Use describe information that is gathered and how it is used.

GENERAL

The Library website (www.mjcpl.org) collects personal information, such as name, address, email address or phone number, when users access Library card accounts, use certain products and services, visit Library website pages, and register for programs, events, and meeting rooms.

The Library automatically receives and records information on library server logs from the user’s browser, including IP addresses, cookie information, and the accessed page.

The Library uses information for the following general purposes: to customize content, fulfill requests for products and services, improve services, contact the user, conduct research, and provide anonymous reporting for internal use.

Information Sharing and Disclosure

The Library does not permit the disclosure of records which can be used to identify its patrons; however, the Library is subject to and complies with the provisions of the Public Records Act, I.C. 5-14-3-1, et seq.

The Library does not rent, sell, or share personal information about users with others or nonaffiliated companies without permission except:

• To respond to subpoenas, court orders, or legal process, or to establish or exercise the Library’s legal rights or defend against legal claims;

• To share information as the Library believes necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or as otherwise required by law, i.e. the Patriot Act.

Cookies

A cookie is a small amount of data, which often includes an anonymous unique identifier that is sent to the user’s browser from a website’s computers and stored on the hard drive of the user’s computer.

The Library uses cookies for a number of purposes, including to:

• Access user information when users “sign in,” so that the Library can provide customized content.

• Keep track of preferences specified by the user while using the Library’s website services.

• Estimate and report total audience size and traffic.

• Conduct research to improve content and services on the Library’s website.

Changes to Privacy Policy

The Library may update this policy at any time.

Except for special circumstances, the Library does not knowingly collect or store information of minors without parental consent.

TERMS OF USE

Use of this website signifies agreement with the following terms of use. The Jefferson County Public Library (Library) reserves the right, in its sole discretion, to modify these Terms of Use at any time, and the user agrees to be bound by such modifications through use of the Library’s website. The Library may require user registration and the provision of certain information as a condition of using or accessing certain features, functions and content.

Changes to the Terms of Use

The Library may change these Terms of Use at any time.

About the Service; Registration

Library services are intended for general audiences. By signing up for any services, the user agrees to provide accurate and current information.

Additional Terms

If the Library offers features and websites where user content can be submitted, the user agrees that these features may be subject to additional rules established at that time.

Privacy Policy

The Library’s Privacy Policy explains the practices that apply to personal information when using Library services. Ongoing use of the services signifies consent to the Privacy Policy.

Changes

Services and features may be discontinued or changed at any time and without notice.

Access Costs

The user must provide, at their own expense, the equipment and Internet connections necessary to access services outside of the Library.

Responsibility

The user may use Library services for lawful purposes only. Conduct that is not allowed includes those that:         

• violate or infringe on the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights

• are unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, obscene, pornographic, invasive of another’s privacy, or contains explicit or graphic language

• victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability

• impersonate any person, licensed professional, business, or entity, including Library staff

• are excessively repetitive or otherwise an attempt to circumvent character limits

• are an advertisement or solicitation of funds, goods, or services

• contain viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network

• encourage conduct that would constitute a criminal offense, or that give rise to civil liability

• offer, promote, or encourage betting or wagering prohibited by law

• violate these Terms of Use, guidelines or any policy posted on Library services

• interfere with the use of Library services by others

• cause damage or impair our servers or network

• interfere with any other party’s use and enjoyment of Library services

• attempt to gain unauthorized access to Library services, user accounts, computer systems or networks

The Library may take any legal, disciplinary and technical remedies to prevent the violation of these Terms of Use.

No Spam

Users may not transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages) through Library services. The user may not harvest information about Library users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. The user may not induce or allow others to use Library services to violate the terms of this section. The Library may terminate immediately access to Library services and take any other legal action if the user, or anyone using the user’s access to Library services, violates these provisions. The Library may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within the Library’s computer or communications networks.

Content and Propriety Rights

The Library, the Library’s suppliers, and the Library’s users who lawfully post text, messages, information, software, images, audio, video, or any other content on the services own the property rights to that content. The content is protected by international treaties, and by copyright, trademark, patent, trade secret laws, and other proprietary rights. The user acknowledges that Library services do not give or purport to give medical, legal, financial or other professional advice. The use of any information from Library services is at the user’s own risk.

License to Use Services

The user may use Library services only for personal, non-commercial purposes. The user may use content offered for downloading, such as photos, audio, and video, for personal use only and subject to the rules that accompany that particular content. The user may not use the content in a manner that exceeds the rights granted for use of the content. The user may not use any data mining, robots, or similar data gathering and extraction tools on the content, frame any portion of Library services or content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the content without the Library’s prior written consent. The user may not circumvent any mechanisms included in the content for preventing the unauthorized reproduction or distribution of the content.

Content Posted to Public Areas

Certain areas of the Library’s services may allow the user to post content that can be accessed and viewed by others, including the public in general. The user may only post content to public areas on the Library’s services that the user created or that the user has permission to post. The user may not post content that violates these Terms of Use. The Library does not claim ownership of any content that the user may post. However, for all such information and material, the user grants the Library a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce, and create derivative works from such information in any form, media, software, or technology of any kind.

No Duty to Monitor

This website offers blogs, forums, photo galleries, and other interactive areas where users can express opinions and share ideas and information. The Library cannot and does not monitor all of the material posted or transmitted to the website. Additionally, the Library does not control, and is not responsible for, content made available through the website by members.

By using the website, the user may be exposed to content that they may find offensive, indecent, inaccurate, misleading, or otherwise objectionable. The user agrees to evaluate, and bear all risks associated with, the use of the website and any of its content, including but not limited to whether the user should rely on said content.

The user also agrees that under no circumstances will the Library or its affiliates be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, or otherwise made available via the website. The user acknowledges that the Library does not pre-screen or approve all content, but that the Library shall have the right (but not the obligation) in its sole discretion to refuse, delete, or move any content that is available via the website, for violating the letter or spirit of the Terms or for any other reason. The Library reserves the right to delete any posting, message, or content at any time, for any reason or no reason.

Procedure for Making Claims of Copyright Infringement

The Library respects the intellectual property of others. For any questions or concerns about copyright infringement, contact the Library Director.

Third Party Websites

Library services may include links to third party websites, including links provided as automated search results or by other users. Some of these websites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that the Library endorses these third party websites or services. The Library is not responsible or liable for any content or other materials on these third party websites.

Use of Software

The Library may make software available for download or use. Such software will be subject to the terms of the license agreement that accompanies it. If there is no license agreement presented with the software, then the following license, in addition to these Terms of Use govern the use of such software. The Library grants the user a personal, non-exclusive, non-transferable, limited license to install the software on any single computer. The software is protected by copyright and other intellectual property laws and treaties and is owned by either the Library or its suppliers. The user may not sell or redistribute the software. The user may not incorporate it or any portion of it into another product. The user may not reverse engineer, decompile, or disassemble the software or otherwise attempt to derive the source code (except where expressly permitted by law). The user may not modify, adapt, or create derivative works from the software in any way or remove proprietary notices in the software. The user agrees to abide by all laws and regulations in effect regarding use of the software. The user may not authorize or assist any third party to do any of the things prohibited in this paragraph.

The Library may automatically check versions of the software and update it to improve its performance and capabilities. If the user shuts down the software during an automatic update or otherwise interferes with the installation of the update, the software may be damaged and/or cease to operate.

The software is a “commercial item,” as that term is defined in 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 27.405(b)(2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government end users acquire the software with only those rights as set forth herein.

The user agrees to fully comply with all import and export laws, regulations, rules and orders of the United States, or any foreign government agency or authority. The user will not directly or indirectly export, re-export, transfer and/or release the software, related technology, or any product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper authorization from the U.S. and/or foreign government. The user bears responsibility for and assumes all expenses relating to compliance with the described laws, regulations, rules and orders, and for obtaining all necessary authorizations and clearances.

Disclaimer of Warranties

The Library provides services “as is”, “with all faults” and “as available.” The Library and its suppliers make no express warranties or guarantees about the services. TO THE EXTENT PERMITTED BY LAW, THE LIBRARY AND ITS SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICES AND ALL SOFTWARE, CONTENT AND SERVICES DISTRIBUTED THROUGH OUR SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. THE LIBRARY DOES NOT GUARANTEE THAT SERVICES WILL MEET USER’S REQUIREMENTS, ARE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. THE LIBRARY DOES NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SERVICES, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, AND ACCURATE OR MEET THE USER’S REQUIREMENTS. THE LIBRARY DOES NOT GUARANTEE THAT THE USER WILL BE ABLE TO ACCESS SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF THE USER’S CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY OF THE LIBRARY’S REPRESENTATIVES SHALL CREATE A WARRANTY. The user may have additional consumer rights under local laws that this contract cannot change.

Limitation of Liability

THE LIBRARY AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM USE OF, INABILITY TO USE, OR RELIANCE UPON THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF THE LIBRARY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIBRARY’S LIABILITY, AND THE LIABILITY OF ITS SUPPLIERS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification

Upon a request by the Library, the user agrees to defend, indemnify, and hold harmless the Library and other affiliated companies, and employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney’s fees that arise from use or misuse of the services. The Library reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the user, in which event the user will cooperate with the Library in asserting any available defenses.

International Use

This website is controlled and operated by the Library, located in Jefferson County, Indiana. The Library does not represent or warrant that materials on the website are appropriate or available for use in other locations. If the user chooses to access this website from other locations, the user does so at their own risk and is responsible for compliance with any and all local laws.

Termination

The user’s right to use Library services automatically terminates if the user violates these Terms of Use or any rules or guidelines posted in connection with Library services. The Library also reserves the right, at its sole discretion, to terminate access to all or part of Library services, for any reason, with or without notice.

Jurisdiction

This agreement shall be governed by and construed in accordance with the laws of the State of Indiana, as it is applied to agreements entered into and performed within that State. Any action brought to enforce this agreement or matters related to the website shall be brought in either the State or Federal Courts of Indiana. If any provision of this agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this agreement and the remaining provisions of this agreement shall remain in force.