Welcome to the Pitkin County Library website (the "Service" or "Site"). By continuing use of the Service or accessing any materials on the Site, you agree to these Terms of Use ("Terms"), as they may be updated or modified by Pitkin County Library at any time in its discretion. If you do not agree to them, do not use the Site or download any material from it.
Linking policy
The Site is not a forum for public communication and debate, but a means for Pitkin County Library to provide information relating to Pitkin County Library services, programs, objectives, missions and projects to the public and its customers. All decisions as to the placement of links to external sites or pages from the Site will be made by Pitkin County Library in its sole discretion. Pitkin County Library permits links from other web sites in accordance with the following conditions:
- The appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Pitkin County Library's name and trademarks or be displayed in any manner that is likely to cause confusion among the public or disparage or discredit Pitkin County Library;
- The appearance, position and other attributes of the link may not create the false impression that an organization or entity is sponsored by, affiliated with or associated with Pitkin County Library or that views expressed on the website are those of Pitkin County Library. Pitkin County Library reserves the right to require that the linking website include notice stating that it is an unofficial web site and is not endorsed by, sponsored by or affiliated with Pitkin County Library and that any views expressed on the website are not those of Pitkin County Library; and
- When selected by a user, the link must display the Site full-screen and not within a frame on the linking website.
RSS feeds
RSS feeds are part of the Service and your use of the RSS feeds is subject to all of these Terms. Any reference in these Terms to the content of the Site includes the content of the RSS Feeds. In addition, the following conditions apply. You may not alter the text, links or other content of the RSS feeds in any way. If your site displays the content of the RSS feeds, you must use a platform that permits all links contained in the RSS feeds to function as intended by Pitkin County Library. You may not insert any "splash page" or any other content between a link in a Pitkin County Library RSS feed and the linked-to Pitkin County Library page.
No guaranteed availability
Pitkin County Library reserves the right at any time and from time to time to modify or discontinue the Service (or any part thereof), temporarily or permanently, with or without notice to you. You agree that Pitkin County Library will not be liable to you for any modification, suspension or discontinuance of the Service.
Termination of service to you
You agree that Pitkin County Library, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any content within the Service, for any reason, including, without limitation, our belief that you have violated or acted inconsistently with the letter or spirit of these Terms. You agree that any termination of your access to the Service under any provision of these Terms may occur without prior notice to you, and you also agree that Pitkin County Library will not be liable to you for any termination of your access to the Service.
Restrictions on use
All materials published on the Site, including, but not limited to, trademarks, service marks, schedules, book reviews, photographs and illustrations (collectively, the "Content"), is the property of Pitkin County Library unless otherwise indicated. Third party trademarks are the property of their respective owners. You may use the Content displayed on the Site for personal, non-commercial use only, provided that you do not remove any trademarks, copyright or any other notice contained in such Content. Developer use of Pitkin County Library's real time arrival data requires registration and is governed by separate terms. Any other use, including reproduction, modification, distribution, transmission, republication, display or performance, is strictly prohibited without the express written consent of Pitkin County Library. You agree not to make any use of the Service or transmit any content that is unlawful under the laws of any jurisdiction to which you or Pitkin County Library are subject, or otherwise harmful, threatening, harassing, invasive of the privacy of another, falsified, or containing or transmitting software viruses or any other malicious computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software. You agree to indemnify and hold harmless Pitkin County Library from any claims, costs or liability incurred as the result of your violation of these Terms.
Copyrights and trademarks
All Content of this Site including content of the RSS feeds is the property of Pitkin County Library or its content suppliers, and is protected by United States and international copyright laws. The compilation of the Content on this Site is the exclusive property of Pitkin County Library, and is likewise protected by US and international copyright laws.
All trademarks, service marks and trade names ("Trademarks") of Pitkin County Library used herein or in the RSS feeds (including, but not limited to, PITKIN COUNTY LIBRARY, PITKIN COUNTY, CITY OF ASPEN and the Pitkin County Library logo (see below) are trademarks or registered trademarks of Pitkin County Library and may not be used in connection with the products or services of others, in any manner that is likely to cause confusion, or in any manner that disparages or discredits Pitkin County Library. All other trademarks not owned by Pitkin County Library that appear on this Site are the property of their respective owners.
Pitkin County logo
Disclaimer of warranties and limitation of liability
YOU AGREE THAT THE SERVICE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. Pitkin County Library does not warrant that the Service will be available at any given time, secure, accurate or free of error. You use the Service at your own risk, and you assume the risk that the Service may provide incorrect information to you or your workers, as well as the risk that any material downloaded by you from the Service may cause loss of data or damage to your computer system.
YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL PITKIN COUNTY LIBRARY BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, EVEN IF PITKIN COUNTY LIBRARY IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR FOR ANY OTHER SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER BASED UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. THE PARTIES INTEND THAT THIS LIMITATION SHOULD APPLY EVEN IF IT CAUSES ANY WARRANTY TO FAIL OF ITS ESSENTIAL PURPOSE.
Indemnity
You agree to indemnify, defend and hold harmless Pitkin County Library and its officers, directors, and employees from and against all fines, suits, proceedings, claims, causes of action, demands, or liabilities of any kind or of any nature arising out of or in connection with your use of the Service.
Severability and waiver
The invalidity of any term or provision of these Terms will not affect the validity of any other provision. Waiver by Pitkin County Library of strict performances of any provision of these Terms will not be a waiver of or prejudice Pitkin County Library's right to require strict performance of the same provision in the future or of any other provision of these Terms.
Entire agreement
These Terms constitute the entire agreement between the parties as to their subject matter, and there are no other terms, conditions or obligations between the parties relating to the use of the Service, other than those contained in these Terms.