The term "User" refers to you as a "Visitor" to this Site.
The Site operates a textbook subscription service (1) users obtain a subscription to gain access to the platform. (2) The platform allows users to peruse through and read textbook content. Users identify, listen to and/or read content.
In providing the services, “Hyveminds Pty Ltd” and “Learnerlibrary.com” enables publishers and content users to upload and read content via the platform.
COPYRIGHT/ RESTRICTIONS ON USE OF MATERIAL:
All items on this Site are copyrighted by Hyveminds Pty Ltd and/or partners its agents, employees, officers, subsidiaries, members or affiliates. This copyright extends to text and graphics, the selection, arrangement and presentation of all materials, and the overall design of the site. You are prohibited from reproduction or republication of the Site content without prior written permission. This Site may also contain valuable trademarks, service marks, names, titles, logos, images, designs, copyrights and other proprietary materials owned, registered and used by other companies who have authorized their use on this site only. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or any other proprietary right of Hyveminds the Site, affiliate or any third party.
We have authorized you to view the materials at this Site only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You are prohibited from modifying the materials at this Site in any way or reproducing or publicly displaying, or distributing or otherwise using them for any public or commercial purpose.
TRADEMARKS, SERVICE MARKS, LOGOS, CORPORATE IDENTIFICATIONS PROTECTED:
All trademarks, service marks, logos, or other corporate identifications such as the “Double L’’ referred to as the LearnerLibrary logo(collectively, "Marks") on this Site are trademarks or service marks of Hyveminds. You warrant not to use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Marks in any way without our prior approval
ELIGIBILITY AND AUTHORIZATION:
To be eligible for our Services, you must be at least 18 years old or have the authorisation or consent of a parent or guardian. When signing up for our Services, you authorise Hyveminds, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address or financial instruments, and verifying your information against third party databases or through other sources.
USER NAME, ACCOUNT AND PASSWORD:
When you sign up for Services from Hyveminds, you will be given a Username and also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password.
You will not disclose your password to any third party. You agree to notify us immediately if you know of or suspect any unauthorized use of your membership or access to your password. You agree not to use the account, username, or password of another User.
CLOSING YOUR ACCOUNT:
You may terminate your membership with us at any time either by downgrading your account or cancelling it by following the instructions in the ‘account setting’ section of your profile/account. If your account is not closed before your next billing cycle your account will be renewed. In the event of termination of your service agreement, sections: Exclusion of Warranty, Limitation of Liability, Indemnification, Prohibited Content and/or Activity, Links To/From Third Party Sites, Copyright/ Restrictions on use of Material. Trademarks, Service Marks, Logos, and Corporate Identifications Protected, would still survive.
Descriptions of, or references to, products, services or publications in the Site does not imply endorsement of that product, service or publication. Hyveminds makes no warranty of any kind with respect to the subject matter included herein, the products listed herein, or the completeness or accuracy of the information.
Hyveminds makes no guarantee or warranty that the product reviews on the Site are accurate. All content and ratings are provided on a strictly as is basis and users must use their own judgment when deciding which products to access.
In the event that a product or service is mistakenly listed at an incorrect price, Hyveminds reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Hyveminds is not responsible for typographical or photographical errors. Product descriptions are provided by the product publisher therefore any inaccuracy in product descriptions should be addressed with the publisher. Hyveminds reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Hyveminds shall issue a credit to your credit card account in the amount of the incorrect price.
Your profile includes information such as, but not limited to, transaction history information, comments from other users and reading history information. Any action designed to undermine the system and to alter your profile or the profiles of others is strictly prohibited. Your profile information is intended solely to facilitate communication and platform usage on Hyveminds and you agree not to export or market your profile information or the profile information of other users in any other venue.
30-Day Free Trial:
EXCLUSION OF WARRANTY:
HYVEMINDS AND ANY THIRD PARTY PROVIDERS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN 'AS IS' BASIS. HYVEMINDS AND ANY THIRD PARTY PROVIDERS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. HYVEMINDS WILL NOT BE HELD LIABLE FOR THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THE CONTENT OR DATA PROVIDED TO ANY INDIVIDUAL OR FOR ANY BUSINESS, INVESTMENT, COST, OR LOSS ASSOCIATED WITH THE INFORMATION WE PROVIDED. NEITHER HYVEMINDS NOR ANY THIRD PARTY PROVIDERS WARRANT THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM HYVEMINDS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY:
Hyveminds assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this Site or your downloading/usage of any materials, data, text, images, video or audio from the site. We are also not responsible for any loss attributed to our failure to provide timely reminders to our users. In no event shall Hyveminds or any third party providers or distributors be liable for any injury, loss, claim, damage, or damages, including, but not limited to, any special, exemplary, punitive, indirect, incidental or consequential damages of any kind, whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with
- any use of this site or Content found herein, or
- the performance or non-performance by Hyveminds or any third party providers, including, but not limited to, non-performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation even if such party has been advised of the possibility of damages to such parties or any other party.
User agrees to indemnify and hold harmless Hyveminds, at User's sole expense, against any claim, action, legal proceeding, damages, liability, settlements, expenses (including attorneys' fees) and other costs relating to (i) breach of any of these terms by any party; (ii) User's negligence or misconduct, or (iii) claims that User has infringed the copyright, trademark, trade secret, patent, or other proprietary right of a third party.
PROHIBITED CONTENT AND/OR ACTIVITY:
You must use the Site in a manner consistent with any and all applicable laws and regulations. You agree that you shall not use Hyveminds’s services to upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; on this matter, please refer to Hyveminds’s DMCA Policy, which is herein incorporated by reference.
We reserve the right to take legal action in our sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Site and terminating the membership of such violators.
In addition you agree not to:
- harvest or collect email addresses or other contact information of other Users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- transmit "junk mail", "chain letters", or unsolicited mass mailing, instant messaging, or "spam”;
- solicit passwords or personal identifying information from the Users;
- use the Site in any unlawful manner or in any other manner that could damage, disable, interfere with, disrupt, or create an undue burden to the Site;
- circumvent or modify, attempt to circumvent or modify, or encourage or assist any other person in circumventing or modifying any security technology or software that is part of this Site;
- that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
- harass or advocate harassment of another person or User;
- provide any email addresses, telephone numbers, street addresses, names or URLs in your member profile or anywhere else on this Site;
- post or otherwise make available any Content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, obscene, fraudulent, violent, invasive of privacy or publicity rights, offensive, racist, of a bigotry nature, or demonstrating hatred or physical harm of any kind against any group or individual;
- further or promote any criminal activity or enterprise or provide any information about illegal activities;
- involve commercial activities and/or sales without prior written consent from us such as advertising, contests, sweepstakes or any solicitation of donations;
- display an unauthorized commercial advertisement on the Site, or use this Site to perform any commercial activity without permission from us;
- register for more than one Member account or register for a Member account on behalf of another individual, group or entity;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, or your affiliation with any person or entity;
- include a photograph or video of another person that you have posted without that person's consent;
- post any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- use or attempt to use another's account without authorization from us;
- violate any laws, third party rights or our policies, such as the Prohibited and Restricted Items policies;
- fail to make payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;
- fail to deliver items sold by you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
- manipulate the price of any item or interfere with other users' listings;
- circumvent or manipulate our fee structure, the billing process, or fees owed to Hyveminds;
- take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to Hyveminds);
- transfer your Hyveminds member account (including feedback) and User ID to another party without our consent;
- export or re-export any Hyveminds tools except in compliance with the export control laws of any relevant jurisdictions;
- copy, modify or distribute rights or content from the Hyveminds sites, service or tools or Hyveminds's copyrights and trademarks; or that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- violate federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.
- violate the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract.
- disrupt the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Hyveminds and its affiliates do not claim ownership of the materials you provide to Hyveminds (including feedback and suggestions) or post, upload, input or submit to any Hyveminds or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Hyveminds, its affiliated companies and necessary sublicenses a non-exclusive, worldwide, perpetual, irrevocable, royalty-free sublicense-able (through multiple tiers) right to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Hyveminds is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at Hyveminds’ sole discretion. By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. Hyveminds does not and cannot review all communications and materials posted to or created by users accessing the Site, and thereby is not in any manner responsible for the Content of these communications and materials.
However, Hyveminds reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Hyveminds in its sole discretion.
FEES AND SERVICES:
The Fees Schedule is outlined on the Payment Terms page and is incorporated herein.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all charges applicable to your Service. In addition, you are responsible for paying any taxes, surcharges, fees, and assessments imposed by Hyveminds or a governmental authority from time to time in connection with the Services.
EMAIL NEWSLETTER & SURVEYS:
This Site may contain online contests and surveys. Contests are solely to generate user interest. The surveys are for informational purposes and primarily contain sets of ‘multiple choice’ questions. Participation in such contest and surveys is voluntary
All software tools such as (“Software”) etc, are proprietary tools of Hyveminds and you have been granted the license to use them to facilitate your transaction. These tools are covered by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Payments between Sellers and Buyers
Any payments made between Site Users outside of the Site's online platform are not under the control or jurisdiction of this Site. This Site will not refund any payments made to Site Users outside of the Site's online platform. If you make a payment to a User outside of this Site's online platform and believe you are entitled to a refund of all or a portion of this payment amount, your sole recourse is to contact the User directly and attempt to negotiate and obtain a refund from this User.
Payments to Hyveminds:
Authorization To Credit And Debit Accounts
The Hyveminds Payment Service requires User to pay with a credit card, wire transfer, ACH or debit card or check. You irrevocably and expressly authorize Hyveminds to credit any monies to the account that you have identified for Hyveminds. You irrevocably and expressly authorize Hyveminds to withhold any monies and/or debit any monies from any account that you have identified to Hyveminds for any charge backs, fees, costs, deductions, adjustments and any other amounts owed to Hyveminds. We reserve our rights to all actions and remedies in connection with any monies owed to Hyveminds. You will indemnify, defend and hold us harmless for any claims, demands or causes of actions that we take toward any identified account pursuant to this Section.
VIOLATION OF TERMS AND LIQUIDATED DAMAGES:
Please report any violations of the TOU, by flagging the posting(s) for review, or by emailing to: firstname.lastname@example.org. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Hyveminds to pursue legal action to enforce these Terms, you will be liable to pay Hyveminds the following amounts as liquidated damages, which you accept as reasonable estimates of Hyveminds damages for the specified breaches of these Terms. Otherwise, you agree to pay Hyveminds actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, Hyveminds retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.
LINKS TO/FROM THIRD PARTY SITES:
This Site contains links to third party sites. User accesses these sites at User's own risk; the Site is not responsible for the Content, changes, updates, or other links contained in a linked site. Hyveminds provides these links merely as a convenience, and the inclusion of such links does not imply an endorsement by Hyveminds of the websites.
Any third party desiring to link to the Site must link to the Site’s homepage located at www.learnerlibrary.com (or .org, .info, .biz). No one may link to any other page of this Site without the prior written consent of the Site.
Hyvemindsis only an online marketplace. We do not represent any user or involve in any transaction and we do not arbitrate disputes. It is prudent that buyers and sellers perform their own due diligence before conducting a transaction.
NO PARTNERSHIP OR AGENCY:
User understands and acknowledges that no joint venture, partnership, employment, or agency relationship exists or is created between User and Hyveminds as a result of use of the Site.
COMPLIANCE WITH STATE AND FEDERAL LAWS:
Use of this Site is governed by all applicable federal, state, and local laws. All information available on this Site is subject to Australian export control laws and may also be subject to the laws of the country where you reside. Hyveminds makes no representation that the Content on this Site is appropriate or available for use in other locations, and access to it from territories where the Content is illegal and prohibited.
Hyveminds may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Site or delivering them to you through e-mail. You may update your e-mail address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, Hyveminds cannot be held liable if we fail to notify you.
These Terms shall be construed in accordance with the laws of the State of, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in VIC, Australia if seeking interim or preliminary relief or enforcement of an arbitration award.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.
By your use of this Site, you agree that:
- YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY CONTENT , INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT .