Americana Exchange Terms of Service

Acceptance of Terms.

By signing up for any of the services provided by the Americana Exchange (hereafter called the "AE"), including both free and paid services, you acknowledge that you agree to all of the following terms, and that your membership may be cancelled at the discretion of the AE for any violations of these terms, with no further obligations, financial or otherwise, to you on the part of the AE. If you do not agree with these terms, you should not sign up for the AE's services.

Access.

Use of the AE services requires access to the internet. You are responsible for obtaining such access and are responsible for all charges, whether for a period of time or usage fees, for said service.

Accounts.

Members may log in to their accounts from any location or device. A “device” means a computer, tablet, smart phone, or other item of hardware that can access the Americana Exchange services. Accounts including access to the Americana Exchange Database (paid memberships excluding “Institutional,” url-based memberships) are limited in the number of simultaneous log ins permitted. Visitor and Research members may only be logged in from one device at a time. Logging in from a second device will automatically terminate the connection of the previously logged in device. Octavo members may be logged in from up to two devices at one time, while folio members may be logged in from up to five devices at one time.

Accounts may be shared by members of the same household, or employees of the same business, but may not be shared with outside individuals or separate businesses.

Conduct.

You agree not to allow your membership to be used to post any obscene, slanderous, libelous, defamatory, threatening, harassing, hateful, unlawful, or otherwise offensive or objectionable material. You agree that your account will not be used to post any racial, ethnic, sexual slurs or offensive comments. Your account will not be used to invade the privacy of others or to in any way harm them. While you may use an anonymous screen name to protect your own privacy, you agree not to impersonate any other person or entity, including the AE. You agree not to post or upload any material that is the proprietary, protected work of anyone else, including, but not limited to, copyrighted works, trademarks, trade secrets, and patents, or material that is confidential, either because of employment relationships, fiduciary responsibilities, or anything else. You agree not to upload any computer code containing "viruses" or in any other manner attempt to disrupt the operation of the site, the AE, or any of its members. You also agree not to allow your membership to be used to advertise other businesses, chain letters, pyramid schemes or the like. Members of the AE are expected to conduct themselves in a polite and respectful manner towards each other. You also agree not to engage in activities that are extremely demanding on the service's database and may slow use for others, such as making repeated searches for every or a great number of records contained in the AE's database.

Accuracy of Content.

The AE cannot guarantee the accuracy of all content on its website. Articles may on occasion contain mistakes or omissions despite the AE's efforts to be accurate. The vast amount of bibliographical and other information within its databases may on occasion contain errors or omissions, either because of an error on the part of the bibliographer or on the person entering the information into the database or for some other reason. Postings by members are not subject to prescreening by the AE and so may even be deliberately inaccurate. You should not rely solely on information in this site in making financial or other decisions with regard to your books or anything else. Information on this site can serve as a guide, but not as a final, definitive answer as to such things as rarity and value. You and you alone are responsible for your own financial and other decisions. The AE will not be responsible for any loss or damage resulting from use of content on its website. Please see sections 13 and 14 of these terms of service for exclusions and limitations on liability and warranties.

Registration.

You agree to answer questions in the AE's registration process accurately. You will choose a screen name. Your password will be sent to your email address registered with us. You are responsible for the confidentiality of your password and preventing unauthorized use thereof. If you suspect someone is making unauthorized use of your account and password, you must contact AE immediately to obtain a new password.

Use of Content.

Content on the AE website is made available for your personal use. You may not sell the content or access to AE's content resulting from your membership to anyone. You agree not to copy or download material from the website other than small amounts of material printed out for your personal use.

Submitted Content.

You agree that any material you post or otherwise submit to the AE will be available for publication or other use by the AE on a royalty-free, unlimited in time or in any other way, irrevocable, nonexclusive basis by the AE or any of its assigns.

Rules of Service and Change of Content.

You understand that the AE sets its rules of service and conduct and may, from time to time, make reasonable changes in such rules without notice. There may be times when it is necessary to remove some material from the site, including some material within the paid databases, just as new material will from time to time be added to the site. The occasional removal or addition of material to the site and its database will not alter the relationship or obligations between the AE and its members, nor result in additional charges or refunds to existing memberships.

Advertising and Contact.

The AE will offer some advertising on its site and may on occasion send notices to you via email on behalf of its own services or those of others. It is the AE's policy to limit the amount of advertising so as not to be disruptive. We avoid flashing banners and annoying "pop ups" and "pop unders." When it comes to email, we will not contact you more than very occasionally, and all such contacts, even if on behalf of another, will come from us. We will not give your email address to anyone else. However, with many of our services offered free, and others very cheaply, we may need a little advertising revenue to pay the bills, as we're sure you'll understand. We won't be intrusive. As with any advertising, we will never knowingly accept any that is false, but we cannot guarantee the accuracy of it. That is the responsibility of the advertiser. The AE may also offer links to other websites, but the AE does not vouch for the accuracy of anything contained on those sites nor does it in any way endorse anything about those sites. These links are provided as a convenience only.

Propriety Software.

The AE website is built upon its own proprietary software and you agree not to allow access to the site gained through your membership to be used to take, copy, or modify the AE software to be used elsewhere.

Indemnification.

You agree to indemnify and hold harmless AE and any of its officers, employees, or anyone else associated with it for any claim or demand, including attorneys' fees, from a third party arising out of any content you post or otherwise make available on the AE website.

Disclaimer of Warranties.

You understand and agree that the services provided by the AE are on an "as is" basis and the user accepts the sole risk of using this service. The AE expressly disclaims any and all warranties of any kind, express or implied, including but not limited to merchantability, fitness for any particular purpose, or non-infringement. AE does not warranty that the service will meet your requirements, that it will always provide accurate and/or reliable information, or that the service will be uninterrupted, secure, or error free. No communications or other advice received from the AE, whether written or oral, on any matter whatsoever shall constitute a warranty by the AE unless expressly stated in writing by an officer of the AE that it has offered a warranty. Some jurisdictions do not allow the exclusion of certain warranties, in which case those particular exclusions may not apply to you.

Limitations of Liability.

You understand and agree that AE is not liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for financial losses, loss of profits, goodwill, use, data, or any other intangible losses, resulting from the use or inability to use the AE's services or from any material appearing on the AE's website or in communications from the AE, or from the actions of any third party, or from any other matter relating to the AE and its services, and no such liability shall be assumed or implied by any oral statements whatsoever from anyone representing the AE, nor from any such written statements that do not expressly state that they constitute an assumption of liability. Some jurisdictions do not allow the exclusion or limitation of certain liabilities, in which case those particular exclusions or limitations may not apply to you.

Notice.

Notice of violations of any terms of service may be made to you by email, regular mail, or display of such notices while accessing the AE's website.

Application of Law and Additional Information.

These Terms of Service constitute the entire agreement between you and the AE for the use of this service. You agree that this relationship will be governed by the laws of the state of California and you agree to submit any disputes between yourself and the AE to the exclusive jurisdiction of the courts of San Francisco, California. The failure of the AE to enforce any right or term of these Terms of Service shall not constitute a waiver of that, or any other, right or term. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, you agree that all other provisions are to remain in full force and agreement. The sectional titles are provided for convenience only and have no legal effect. You agree that any claim arising out of your service must be filed in the appropriate jurisdiction within one (1) year of the date the claim arose or it will be forever barred.

Privacy.

Click the "Privacy" link to read the AE's privacy statement.