Link to Participating Libraries
The Application allows you to borrow eBooks and digital audioBooks (the “Books”) from the directory of your participating Library (the “Library”). When you log in to the Application for the first time, you must select your Library and you will be directed to that Library's website, which will perform your authentication. You can only benefit from the services offered through the Application if you are an authenticated member of a Library. Once the authentication process is completed, you will be able to access the Application by entering your Library user number. You will then be able to borrow Books from the selection available in your Library's directory. Each Library is responsible for determining the conditions under which it permits to allow Books to be borrowed through the Application, including the duration of each loan and the maximum number of loans allowed per user. Please contact your Library directly to find out more about specific borrowing conditions. You are responsible for maintaining the confidentiality of your user number and must immediately report to your Library any unauthorized use of your user number in connection with the Application.
Access to the Application
We reserve the right to withdraw or modify the Application and any service we provide on it. We will not be liable if, for any reason, all or part of the Application is inaccessible at any time or during any period. From time to time, we may limit users' access to certain sections or the entire Application.
Ownership and Use of the Application
De Marque is the owner of the Application, including all copyrights, trademarks, trade names, logos, patents, trade secrets and other intellectual property rights relating thereto. The “DE MARQUE” and “ALDIKO” trademarks and all related names, logos, product and service names, designs and slogans are trademarks of De Marque or its affiliates or licensors. De Marque may license third parties for the use or operation of the Application or use Content in the Application that is owned by third parties which De Marque uses under license.
In the event that you have authorized a minor to use the Application and its Content, you acknowledge that you are responsible for: i) their behavior online; ii) to control their access and use of the Application and its Content; and iii) the consequences of any misuse of the Application and its Content on its part. You acknowledge that certain sections of the Application and its Content may contain Content that is inappropriate for a minor. We recommend that you exercise reasonable supervision over the use of the Application and its Content by minors in your care.
Intellectual Property of the Content
De Marque, its licensors or other suppliers hold the necessary rights and authorizations allowing it to display and disseminate the content displayed on the Application, including Books, texts, images, notices and front covers (the “Content”).
These Contents are protected by copyright or other intellectual property rights. You are responsible for ensuring that your use of the Contents, as well as of all the elements that compose them, does not violate any intellectual property right or any other right. Without limiting the foregoing, access to any digital Content is only available to users authenticated by their Library, for personal, non-commercial use. Any other use of the Content accessed from the Application is strictly prohibited. You may not modify, transmit, publish, participate in the transfer or sale, reproduce, create derivative works from, distribute, perform, display, or in any way exploit the Content, in whole or in part. De Marque assumes no responsibility in this regard.
Links to Other Sites or Resources
For the purpose of providing the Application and for your convenience, the Application may contain links to third-party websites or resources not operated by De Marque, including Library websites. De Marque has no control over such third-party sites or resources and is not responsible for their availability, security, Content or resources. De Marque is providing these links to third-party sites or resources to you only as a convenience, and the inclusion of such links does not imply an endorsement or a recommendation by De Marque of the third-party site or resource in question or any other material on or available from that site. De Marque is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any Content, information, products, goods or services available on or through any third party site.
Limitation of Warranty
TO THE FULLEST EXTENT PERMITTED BY LAW, THE APPLICATION AND CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT CONDITIONS, REPRESENTATIONS, WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, UNINTERRUPTED OPERATION, FREEDOM FROM ERROR, ACCESSIBILITY, ACCURACY, TIMELINESS, RELIABILITY, PUNCTUALITY, LEGALITY, PRIVACY, COMPLETENESS, SECURITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, AND NO WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR COMPUTER EQUIPMENT OR MOBILE DEVICE AND SOFTWARE THAT MAY BE REQUIRED AS A RESULT OF VIRUSES, ERRORS OR OTHER PROBLEMS OF ANY KIND THAT YOU MAY EXPERIENCE AS A RESULT OF YOUR USE OF THE APPLICATION.
Without limiting the foregoing, De Marque makes no representation as to the availability of the Books, the libraries' compliance with lending conditions and the libraries' compliance with the licensing conditions of the Books from the publishers, and cannot incur any liability in this regard.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, BRAND, ITS PARENT, SUBSIDIARY AND AFFILIATE COMPANIES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, LICENSEES AND ASSIGNS (COLLECTIVELY, THE "DE MARQUE PARTIES") SHALL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL DAMAGES, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE APPLICATION OR THE CONTENT, WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LAW ARISING OUT OF OR IN CONNECTION WITH THE USE OR OPERATION OF THE CONTENT, THE APPLICATION OR THE INFORMATION ACCESSED FROM OR RELATED TO THE APPLICATION. THE BRAND PARTIES ASSUME NO LIABILITY, EVEN IF THEY OR ONE OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH DAMAGES MAY INCLUDE, WITHOUT LIMITATION, DAMAGES OR INJURY RESULTING FROM ANY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, OR FROM ANY COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT.
Some applicable laws may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Therefore, some of the above limitations or exclusions may not apply to you. In all cases of exclusion, direct and indirect damage is limited to the price paid to obtain the right to use the Application.
All transactions on the Application are final. Once the user clicks on the order confirmation button, the products purchased are not exchangeable or refundable. It is the customer's responsibility to verify the order, price, quantity and conditions of the transaction.
De Marque Parties can in no way be held liable for any damage suffered due to a shortage of stock, limits on access to Content, or rules imposed by a Library.
De Marque Parties, their affiliated companies and their directors, employees, agents, licensors or their respective successors and beneficiaries, disclaim all liability for the acts, omissions or conduct of any third party user and the Content and any advertiser or sponsor (“Third Party Users”) and can in no way be held liable for any prejudice, loss, damage (including, in particular, special, indirect or incidental damages) or costs arising in any way i) from acts, omissions or conduct of a Third Party User; and ii) the use or inability to use anything, software, content, goods or services of a site or offered through a website, Content or other link related to the Application.
Absence of Waiver
Applicable Laws and Jurisdiction