Midwest Tape, LLC and its affiliates and brands (including CVS Midwest Tape) (collectively, “Midwest Tape”) provide digital content, software applications, technology, and services to libraries and library patrons, including through the HOOPLA® service, which may be accessed at www.hoopladigital.com or via Midwest Tape's HOOPLA applications for mobile and streaming devices. These Terms and Conditions of Use (“Terms”) apply to all HOOPLA websites, applications, software, technologies, and services made available by Midwest Tape to users in Canada (collectively, the “Platform”).
By installing or otherwise using the Platform, you acknowledge that you have read and understood these Terms, and agree to be bound by them and our Privacy Policy (located at https://www.hoopladigital.com/privacy), which is expressly incorporated herein by reference and made a part of these Terms. If you do not agree to (or cannot comply with) the Terms, do not install or use the Platform or any software or any music, images, video, text, or other content available through the Platform (“Content”).
Midwest Tape periodically evaluates its Terms to consider new technologies, business practices, and our users' needs, and may make changes to the Terms from time to time. Please check this page and the Privacy Policy page regularly for updates. Your continued use of the Platform after Midwest Tape posts any changes to the Terms means that you agree to be bound by such changes.
All of the Content made available through the Platform is protected by intellectual property rights, including copyright, trademark, trade secret, and/or patent rights (collectively, “Intellectual Property Rights”) of Midwest Tape and/or third parties.
You must be an authorized library patron to access, use, and connect to the Platform to borrow and access Content. If you are an authorized library patron, you may borrow and view the Content during the designated loan period for your own, personal, non-commercial use only (“Allowed Use”) and, during that limited loan period only, Midwest Tape and/or its Content providers grant you a non-assignable, non-transferable, limited license to access the Content in digital form through the Platform and for your personal, noncommercial, entertainment use. The Content may be made accessible to you in accordance with limitations established by your library.
All Content is owned or licensed by Midwest Tape, LLC and/or third parties. In all circumstances, you understand and acknowledge that your rights with respect to Content will be limited by copyright law. You agree that you will not attempt to modify any apps, software, or Content accessed through the Platform for any reason whatsoever, including for the purpose of disguising or changing any indications of the ownership or source of the Content.
You represent, warrant, and agree that you are using the Platform for your own personal, noncommercial, entertainment use and not for redistribution or transfer of any kind. You agree not to reproduce, modify, delete, disable, tamper with, redistribute, broadcast, publicly perform, or publicly display any Content, or otherwise transfer any Content accessed through the Platform.
You agree that you will not, for any reason, reverse engineer, decompile, disassemble, or otherwise tamper with any security components, software, usage rules, or other protection measures applicable to the Platform or Content. You agree to abide by the rules and policies established from time to time by Midwest Tape or its Content providers. Such rules and policies will be applied generally in a nondiscriminatory manner to users of the Platform, and may include, for example, required or automated updates, modifications, and/or reinstallations of the software and obtaining available patches to address security, interoperability, and/or performance issues. Any use of the Platform or Content other than use expressly permitted under these Terms is unauthorized and may be a violation of law.
You agree not to make any use of the Content that would infringe the copyright therein.
Violation of any of the above restrictions may result in a termination of your ability to access the Platform and Content. Midwest Tape reserves any and all rights or remedies that may be available in the event of your breach of these Terms.
All of the technology related to the Platform, the HOOPLA® mark, and any related materials are owned by Midwest Tape and protected by Midwest Tape's Intellectual Property Rights.
The owners of Content are intended beneficiaries of these Terms and shall have the right to enforce these Terms against you.
You agree that you will not violate or attempt to violate the security of the Platform, any associated software, and/or Content.
You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, malware, time bombs, “bots,” or other computer programming routines, methods, or engines that are intended to damage, destroy, impair, or otherwise exploit a computer's functionality or operation which may be transferred to your computer or device via the Platform, any associated software, and/or Content.
Except as expressly stated herein, no other rights or licenses are granted hereunder.
All suggestions, ideas, graphics, or other information communicated to Midwest Tape through the Platform (each a “Submission” and collectively the “Submissions”) will forever be the property of Midwest Tape and you hereby assign any and all copyrights, patents and other intellectual property rights in and to such Submissions to Midwest Tape. Midwest Tape will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities to any Submission that may appear in future Midwest Tape operations. Without limitation, Midwest Tape will have exclusive ownership of all present and future existing rights (of every kind and nature everywhere) to the Submissions. Midwest Tape will be entitled to use any and all Submissions for any commercial or other purpose whatsoever without compensation to you or any other person sending any Submission. You acknowledge that you are responsible for whatever material you submit, and you, not Midwest Tape, have full responsibility for the material, including its legality, reliability, appropriateness, originality, and copyright. You agree that any material you submit does not violate the Intellectual Property Rights, or any other rights, of any third party.
THE PLATFORM (INCLUDING ALL SOFTWARE, CONTENT AND OTHER INFORMATION, MATERIALS AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM) IS PROVIDED “AS-IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND FROM MIDWEST TAPE OR ANY OWNERS OF CONTENT. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MIDWEST TAPE AND ALL OWNERS OF CONTENT DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER MIDWEST TAPE NOR ANY OWNER OF CONTENT WARRANTS THAT THE PLATFORM OR ANY SOFTWARE, CONTENT, INFORMATION, MATERIALS OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM IS OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER MIDWEST TAPE NOR ANY OWNER OF CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PLATFORM OR FROM ANY SOFTWARE, CONTENT, INFORMATION, MATERIALS OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM, OR FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID FOR THE SPECIFIC ITEM OF CONTENT GIVING RISE TO THE APPLICABLE CLAIM FOR DAMAGES.
Midwest Tape may, from time to time, remove Content from the Platform without notice. Midwest Tape reserves the right to modify, suspend, or discontinue the Platform (or any part thereof), any associated software, or any Content (or any part thereof) at any time with or without notice to you. Midwest Tape shall not be liable to you or any third party should it exercise such right.
These Terms will be governed by and interpreted pursuant to the laws of the Province of Ontario, notwithstanding any principles of conflicts of law. By accessing the Platform you agree to submit to the jurisdiction of Ontario and agree that it shall serve as the exclusive venue for any disputes relating to the Platform, software for or associated with the Platform, and/or Content. You agree to resolve any claims relating to the Platform, software for or associated with the Platform, and/or Content through final and binding arbitration before a single arbitrator. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. You further agree to waive any defense of inconvenient forum in connection with the maintenance of any action or proceeding so brought. You may only resolve disputes with Midwest Tape on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this Platform, software for or associated with the Platform, or any of the Content for illegal purposes will be provided to law enforcement authorities.
You may email any questions regarding these Terms to info@hoopladigital.com.
These Terms are effective as of 5/21/2018.