Terms of Use


Orange County Library Systems (“Library”), is committed to preserving obituaries of Orange County residents, as a cultural heritage. Obituaries often contain valuable genealogical and historical information essential to the heritage of Orange County. To this end, Library has obtained a federal grant under the EPOCH project (Electronically Preserving Obituaries as a Cultural Heritage), pursuant to which Library will provide a service to our community by serving as a repository of information to be retained and made available on-line for current and future generations of local residents, researchers, and genealogists. This service allows family members and friends (“users”) to submit detailed information about the deceased person, including photographs, images, video, and audio tracks as a tribute to their loved ones, which information can be invaluable in helping build meaningful histories about the residents of Orange County. To facilitate the preservation of these obituaries, Library provides various guides, “How To” features, and tools that allow users to access obituaries and share remembrances of friends and loved ones. Library offers these guides, features, and tools at www.epochlegacies.org (the “Services”). Please read the following Terms of Use before using the Services.

1. Applicability & Acceptance of These Terms of Use

Please carefully and thoroughly read these Terms of Use before using this website. Your use of this website is subject to your compliance with these Terms of Use and Library’s Privacy Policy. By viewing, accessing, or browsing the content or using the Services, or by downloading or submitting any content or material using the Services, you agree to abide by all rules, terms, conditions, restrictions, and notices in these Terms of Use and further agree that these Terms of Use are a binding legal agreement between you and Library, without limitation or qualification. The terms "you" or "You" or “User” shall refer to any person or entity who downloads, views, uses, accesses, browses or submits any content or material to the www.epochlegacies.org website (the “Website”). If, however, you are accessing these Terms of Use from another website operated in conjunction with one of our affiliate newspapers (listed at www.epochlegacies.org (”newspaper affiliates”) the terms of use of the newspaper affiliates will govern unless such terms state otherwise.

By using the Services or accessing the Website, you also agree to be bound by the terms and conditions of the Creative Commons public copyright license (“License”). The Creative Commons license will govern how content you submit to the Website or which you access from the Website is to be used as “Shared Content.” All content you submit using the Services will be Shared Content for others to access and use. You can obtain information about the Creative Commons license at www.creativecommons.org/license. The Creative Commons license in use by Library and to which you will be bound to adhere is the “Attribution-Non-Commercial-Share-Alike CC BY-NC-SA” form license, the terms of which you will find on the www.creativecommons.org website. In addition, all rights and licenses you have granted to Creative Commons and all indemnities, duties, and obligations you owe to Creative Commons as expressed under the Creative Commons Terms of Service shall apply equally to Library, as shall any limitations of liability and disclaimers of warranty. To the extent that there is a conflict between any provisions in these Terms of Use and the License these Terms of Use will govern.

For the avoidance of doubt, the Website will also host significant content that is not Shared Content. Such content consists generally of intellectual property owned by Library as well as graphics, animations, videos, photographs, and text owned by Library or other persons or entities. Therefore, except for Shared Content, users may not copy, reproduce, republish, download, post, broadcast, record, transmit, edit, communicate, distribute, translate, alter, or use for commercial purposes any content that is not Shared Content without first obtaining written permission from Library.

All Users who submit content or Material to Library for posting on the Website grant, without further documentation, a perpetual non-exclusive license to Library to use the content or Material as Shared Content in accordance with these Terms of Use. This license is separate and different from the Creative Commons License that allows other users access to and use of Shared Content. The license you grant to Library will allow Library to (a) communicate your content and Material to the public as Shared Content, (b) make it available on the Website, and (c) amend, copy, re-arrange, edit or delete, in whole or in part, content and Material in the sole discretion of Library. In addition, Library may create derivative works based on your content and Material and publish your content and Material, in whole or in part, in any media, and you waive and relinquish any right or claim to any remuneration or compensation arising from Library’s use or publication of your content or Material.

If you do not agree to these Terms of Use and the terms and conditions of the License, then you may not use the Services. You agree that each time you access the Services, you shall be subject to the Library’s then-current Terms of Use and Privacy Policy and to the then-current License, and continued use of the Services now or following modifications in these Terms of Use and the License confirms that you have read, accepted, and agreed to be bound by the Terms of Use and License, as modified.

2. User License

  • Scope. Library grants you permission (which may be revoked at any time for any reason or no reason) to use the Services and to download, integrate via authorized social media application, email, or print individual pages of the Website in accordance with these Terms of Use and solely for your own personal, non-commercial use, provided you do not remove any trademark, copyright, or other legal notice contained on such pages. No other use is permitted. You may not, for example, incorporate the information, content, or other material from the Website in any database, compilation, archive or cache. You may not modify, copy, distribute, translate, re-publish, transmit, display, perform, reproduce, publish, reuse, sell, license, lease, donate, create derivative works from, transfer, or sell any information, content, material, or services obtained through the Services, unless agreed to in advance, in writing, by Library.
  • All Associated Press text, photos, graphics, audio and/or video materials and all newspaper affiliates’ text, photos, graphics, audio, and/or video materials (“AP Materials”) that may be accessed through the Services, if any, shall not be published, broadcast, rewritten, or translated for broadcast or publication or redistributed directly or indirectly in any medium. Neither the AP Materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. Users may not download or reproduce a substantial portion of the AP Material found on the Website. The Associated Press will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of the AP Materials or any part thereof or for any damages arising from any of the foregoing.

    Except as specifically authorized in writing by Library, you may not deep-link to the Website for any purpose or access the Website or the Services with any robot, spider, web crawler, extraction software, or any other automated process or device to scrape, copy, or monitor any portion of the Services or any information, content, or material from the Website. Library reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of the Services or any content contained therein, whether in whole or in part, except as permitted in advance, in writing, by Library.

    Any rights not expressly granted to you in these Terms of Use are reserved to Library.

  • User Conduct. You agree that your use of the Services is subject to all applicable local, state, national and international laws and regulations. You also agree:
    • to comply with US law and local laws or rules regarding online conduct and providing acceptable Material, and regarding the transmission of data exported through the Services from the US or the country in which you reside;
    • not to host or submit Materials or content to the Website or use the Services without the consent of a parent or guardian if you are under the age of 18 (a "Minor");
    • not to use the Website or Services for illegal purposes;
    • not to commit any acts of copyright infringement on the Website or with respect to the Service’s content and material;
    • not to use the Services to engage in commercial activities;
    • not copy any content, including death notices and obituaries, for republication in any other newspaper or other publication, whether in print, on-line, or in any other medium now or hereafter invented;
    • not to create or maintain content in connection with the Services for or with any commercial entity or for any other purpose or intent that does not in good faith comport with the purpose or spirit of the Website, the Services, and the License, including but not limited to acquiring, designating, or choosing a website name or title, or website address or URL for resale or rental, depriving any family member or friend of a deceased person from establishing or using the Services in that person’s name, and linking to any commercial or other website from the Services;
    • not to attempt to gain unauthorized access to other computer systems from or through the Services;
    • not to interfere with another person’s or entity’s non-commercial use and enjoyment of the Website;
    • not to use the Services for chain letters, junk mail, spamming, or use of distribution lists;
    • not to upload or transmit viruses or other harmful, disruptive or destructive files or software code;
    • not to disrupt, interfere with, or otherwise harm or violate the security of the Website, system resources, accounts, passwords, servers or networks connected to or accessible through the Services or affiliated or linked sites (including those of our newspaper affiliates).
  • Harm from Commercial Use. You agree that the consequences of commercial use or re-publication may be so serious and incalculable that monetary compensation might not be a sufficient or appropriate remedy.

3. Services Content

  • Nature of User Material. Some features of the Services allow you and others to post, upload, transmit, display, publish, distribute, or otherwise submit material (collectively, "Submit") to the Website, including, but not limited to, the AP Materials, images, information, articles, illustrations, lyrics, photos, audio files, poems, videos, or text (collectively, "Material"). You agree not to Submit any Material that:
    • contains vulgar, profane, tasteless, abusive, hateful, or sexually explicit language or images, partial or complete nudity, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, political, sexual, racial or religious nature, or expressions of bigotry, racism, discrimination or hate;
    • is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, or contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of anyone, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any person, business, or entity;
    • unfairly interferes with any third party’s uninterrupted use and enjoyment of the Website or the Services;
    • advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose, if any;
    • is intended primarily to promote a cause or movement, whether political, religious, or other;
    • contains copyrighted content (copyrighted articles, illustrations, images, lyrics, photos, audio, video, poems, text, or other content) without the written permission of the owner of the copyrights in the Material;
    • constitutes, promotes or encourages illegal acts, the violation of any right of any individual or entity, the violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability;
    • discloses any personal identifying information relating to or images of a Minor without consent of a parent, guardian or educational supervisor;
    • infringes any copyright, trademark, patent, trade secret, or other intellectual property right of any person or entity;
    • contains viruses or other harmful, disruptive or destructive files;
    • harms or is inappropriate for Minors to view;
    • links to any commercial or other website;
    • is not otherwise in compliance with these Terms of Use and the License.
  • User Representations and Warranties. Each time you Submit Material using the Services, you represent and warrant that you have the right to Submit the Material, which means:
    • you are the author of the Material, or
    • the Material is not protected by copyright law, or
    • if not the author or copyright owner, you have written permission or a license from the copyright owner to post the copyrighted Material to the Website; and
    • you have the right to grant Library the License set out in these Terms of Use; and
    • the Material you Submit does not violate these Terms of Use.
  • User License Grant to Library. You grant Library, its affiliates (including its newspaper affiliates), and related entities a royalty-free, perpetual, irrevocable, non-exclusive, transferrable right and license to use, copy, modify, display, archive, store, publish, transmit, perform, distribute, reproduce, and create derivative works from all Material you provide to Library in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize Library to include the Material you provide in a searchable format that may be accessed by Users of the Services and other websites. You also grant Library and its affiliates (including its newspaper affiliates) and related entities the right to use your name and any other information about you that you provide in connection with the use, reproduction or distribution of such Material, in accordance with Library’s Privacy Policies, which are incorporated herein by reference. You also grant Library the right to use the Material and any facts, ideas, concepts, know-how or techniques ("Information") contained in any Material or communication you send to Library for any purpose whatsoever, including but not limited to, developing, promoting and/or marketing the Services. You grant all rights described in this paragraph in consideration for your use of the Services without the need for additional compensation or remuneration of any sort or description to you. Library does not claim ownership of Material you Submit to the Services.
  • Disclaimer of Responsibility for Material. You acknowledge and agree that Library does not control user-generated content or Material Submitted to the Services, and disclaims any responsibility for such Material. Library specifically disclaims any duty, obligation, or responsibility, to review, monitor, screen, refuse to post, remove, or edit any such content, or other Material your or others Submit. In addition, Library does not represent or warrant that any other content or information accessible via the Website is accurate, complete, or current. Availability of information is subject to change without notice. Library assumes no responsibility or liability for any errors or omissions in the content of the Website or the hosting of your Material.
  • Proprietary Rights. You acknowledge and agree that the Website contains proprietary information and content that is protected by intellectual property and other laws, and may not be used except as provided in these Terms of Use without advance, written permission of Library. The copyright to all designs, text, graphics, interfaces, and images (and the selection and arrangements thereof), and software, hypertext markup language ("HTML"), scripts, active server pages, and other content and software used in providing the Services, is owned by or licensed for use by Library, all rights reserved.

4. Review and Removal of Material

  • Library reserves the right (but disclaims any duty, obligation, or responsibility) to review, screen, refuse to post, or edit (at any time and without prior notice) any content or any Material available through the Services that Library believes, in its absolute and sole discretion, may violate Sections 2 or 3 above. Library also reserves the right (but disclaims any duty, obligation, or responsibility) to refuse to post, remove in its entirety, or edit (at any time and without prior notice) any content or Material available through the Services or Submitted to the Website for any reason or no reason whatsoever, in its absolute and sole discretion.
  • The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. Library will respond to notices and counter-notices that properly and completely conform to DMCA’s requirements. If you believe in good faith that content or Material hosted by the Library infringes your copyright, you (or your agent) may send Library a notice requesting that the content or Material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the Material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Library to locate the content or Material within the Services; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the content or Material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • If you believe in good faith that a notice of copyright infringement under DMCA has been wrongly filed against you or Material posted by you, the DMCA permits you to send Library a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see www.loc.gov/copyright for details. If you fail to comply with the requirements of the DMCA your notice or counter-notice, as the case may be, will not be valid.
  • Notices and counter-notices with respect to the Service should be sent to Library’s DMCA Agent at: Orange County Library System, DMCA Agent, 101 East Central Blvd., Orlando, Florida 32801, fax: (407) 835-7649, email: comments@ocls.info. This content information is for DMCA notifications and counter-notifications only. Other inquires and notices will not be answered.
  • If a counter-notice is received by Library’s DMCA Agent, a copy of the counter-notice may be sent to the complaining party informing that person that Library may replace the removed content or cease disabling it. Unless the complaining party seeks a court order by filing an action within the prescribed terms set forth in the DMCA, the removed or disabled content may be replaced or restored by Library.
  • Library recommends that you consult your legal advisor before filing a notice or counter-notice under DMCA. Also, be aware that there can be penalties for false claims under the DMCA, including damages, court costs, and attorneys’ fees. Library reserves the right to terminate the account of any User who is a repeat copyright infringer.

5. Termination and Modifications to the Services

Library reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Website or the Services (or any part thereof), including but not limited to the Website’s features, functions, look and feel.

6. Indemnity

You agree to defend (if requested by Library), indemnify, and hold Library, Orange County, Florida, and their agencies and affiliates (including its newspaper affiliates), agents, officers, directors, or other employees harmless from any claim, lawsuit, demand, judgment, loss, liability, or damage (whether direct, indirect, consequential, incidental, reliance, or punitive, including reasonable attorneys’ fees and suit costs, made by anyone in connection with your use of the Website, (ii) Material or Information you Submit to the Website using the Services, (iii) any alleged infringement of intellectual property or other right of any person or entity relating to the Website, or (iv) your violation of these Terms of Use, and any other acts or omissions relating to the Website or the Services.

7. Disclaimer of Warranties

The information, content, products, services, and materials provided by the website (whether provided by library, you, other users, newspaper affiliates, or other affiliates or third parties), including without limitation, material, text, photos, graphics, audio files, video, and links, are provided "as is" and "as available" without warranties of any kind, either express or implied.

To the maximum extent permitted by law, library disclaims all representations and warranties pertaining to the website and the services and your use thereof, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, noninfringement, freedom from computer virus, and implied warranties arising from course of dealing or course of performance.

8. Limitation of Liability

  • In no event shall library be liable to you for
    • Any indirect, special, punitive, incidental, reliance, exemplary or consequential damages, or any loss or damages whatsoever (even if library has been previously advised of the possibility of such damages), whether in an action under contract, statute, negligence, strict liability, or any other theory, in any manner arising out of or in connection with the use, inability to use, or performance of the website or the services. Library assumes no responsibility and shall not be liable to you for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, browsing of, or downloading of any material from the website. Library assumes no responsibility or liability in any manner arising out of or in connection with any information, content, products, or material available on or through the services or the website, or
    • Any third party website pages or additional websites linked to the website, or for any error, defamation, libel, slander, omission, falsehood, obscenity, invasions of privacy, pornography, profanity, danger, or inaccuracy contained therein. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. In no event shall library’s total liability to you for all damages, losses and causes of action, whether in contract, tort (including but not limited to, negligence) or otherwise, exceed $100.
  • You and library agree that the warranty disclaimers and limitations of liability in these terms of use are material, bargained-for bases of this agreement, and that they have been taken into account in determining the consideration to be given by each party under this agreement and in connection with the decision by each party to enter into this agreement. You and library agree that the warranty disclaimers and limitations of liability in these terms of use are fair and reasonable.
  • If you are dissatisfied with the website or services or do not agree with any provisions of these terms of use, your sole and exclusive remedy is to discontinue using the services.

9. Cancellation, Termination, Transfer, and Expiration of Account or Services

  • You may cancel or terminate your password, user account and/or use of the Services, with or without cause, at any time, upon providing written notice to Library. If you cancel or terminate your user account or any Services, or upon expiration of your user account, your cancellation/termination/expiration will take effect immediately. Upon termination, your right to use your account or the Services immediately ceases. Your notice to Library of cancellation or termination must be sent via email to Contact Us or by conventional mail to Library’s address as set forth in these Terms of Use.
  • Library, in its sole and absolute discretion, and at any time and with or without prior notice to you. may suspend, cancel, transfer, or terminate your password, account, any site within an account and/or use of the Website and/or any Services for any reason whatsoever (including and without limitation, due to lack of use, commercial use, cybersquatting, Library’s resolution of any dispute among multiple persons claiming the right to use the same or similar accounts or services, or Library ’s belief, in its absolute and sole discretion, that you have violated or acted inconsistently with the letter or spirit of these Terms of Use). In the event of a dispute or conflict among, or complaint from, users of the Services about another’s right to establish, use, or maintain an account or Services, Library reserves for itself the sole right to determine whether or how to resolve such dispute, conflict or complaint, with or without factual or other investigation.
  • Upon expiration, or cancellation or termination by either party, of your account, your password, and/or use of any Services and/or access to the Website, you will have no right to any Material or Information you Submitted, and Library may temporarily or permanently block access to, remove, deactivate, delete, and discard all such Material or Information. Library accepts no liability for removed or deleted Material or Information. In addition, any contracts (verbal, written, or assumed) with respect to your account, Material, or Information you Submit, and/or use of any Services or the Website, will be terminated at Library’s discretion. You agree that Library shall not be liable to you or any third-party for any termination of your access to the Website or the use of any Services.

10. Permanence of Material

Subject to its suspension, cancellation, and termination rights and rights to remove content or Material, Library represents that the Website’s content is intended to be "permanent" and is currently intended to remain available for the duration of Library’s existence, unless: (a) the Services or the Website terminates in whole or in part; or (b) acts or events beyond the reasonable control of Library cause a deletion, loss of data, failure to store, or other interruption in or termination of the availability of the Website content that you sponsored.

11. Minors

The consent of a parent or guardian shall be required before a Minor can use the Services. Use of the Services is confirmation that the person is an adult or a Minor who has received permission from a parent or guardian to use the Services. A parent or guardian will be responsible for any activities of a Minor in connection with the Services regardless of whether the Minor has received permission from the parent or guardian to use the Services.

Pursuant to 47 U.S.C. Section 230 et seq, as amended, Library hereby notifies You that parental control protection (such as computer hardware, software or filtering services) are commercially available that may assist You in limiting content that is harmful to Minors. Information identifying current providers of such protections is available at the web site America Links Up.

12. Your Account, Password, and Security

  • Some features of the Services may require you to register and/or create an account with Library. During this process, you must select an account designation and password and provide certain personal information to Library, including a valid email address. In consideration of your use of Library’s Services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Library has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Library has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) by you.
  • You are responsible for maintaining the confidentiality and security of your account and password, and you are fully responsible for all activities that occur under your password or account, and for any other actions taken in connection with the account or password. You agree to (a) immediately notify Library of any known or suspected unauthorized use(s) of your password or account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your account at the end of each session. Library will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your account and/or password.

13. Links and Framing

As a courtesy to you, the Services might offer links to other websites. Some of these websites may be affiliated with Library while others will not be. Library is not responsible for the content of any website pages created and maintained by organizations independent of Library. Visiting any such third-party website pages is at your own risk. Library has no control of these third-party website pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party website pages. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. References to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by Library. By using the Services, you acknowledge that Library is responsible neither for the availability of, nor the content located on or through any third-party website pages.

14. Trademarks

Trademarks, symbols, designs, logos, and name of Library, used on or in connection with the Services, may not be used in connection with any product or service that is not under Library’s ownership or control. Furthermore, such trademarks may not be used in any manner that is likely to cause confusion among consumers or in any manner that disparages or discredits Library. All other trademarks not owned by Library or its affiliates (including its newspaper affiliates) that appear in connection with the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Library or its affiliates (including its newspaper affiliates).

15. Consideration

You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Services, access to the Website, and receipt or use of Shared Content, Material, products, services, and Information available at or through the Services, the possibility of our review, use or display of your user-generated content, and the possibility of publicity and promotion from our review, use or display of your user-generated content.

16. Third Party Software

If you elect to download or access any third party software that Library makes available in connection with the Services, you understand that you may have to agree to that third party provider’s terms of use or license before you use such software. You also agree that the use of any third party software, content, or Material obtained in connection with the Services does not transfer to you any rights, title or interest in or to such software, content, or Material, and you agree that you will not use any such software, content, or Material except as expressly authorized under that third party provider’s terms of use or license agreement. By downloading software made available through the Services, you are deemed to agree to the third party provider’s terms of use or license agreement, the terms of which are incorporated by reference herein for the benefit of such third party providers. If you do not agree to the third party’s terms of use or license agreement, do not download its software.

17. Jurisdiction, Applicable Law, and Limitations

The Services and Website are created and controlled by Library. You agree that these Terms of Use will be governed by and construed in accordance with the laws of the United States of America and the State of Florida, without regard to its conflicts of law provisions. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use. Library makes no claims or assurances that the Services are appropriate or may be downloaded outside of the United States. You agree that all legal proceedings arising out of or in connection with these Terms of Use, the Website, or the Services must be filed in a federal or state court located in Orlando, Florida. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.

18. General

  • Enforceability. If any portion of these Terms of Use is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms of Use shall continue to be enforceable and valid according to terms contained herein.
  • Entire Agreement. Except as expressly provided in a particular "Legal Notice" or other notice on particular pages of the Website, these Terms of Use, which hereby incorporate by reference the terms of Library’s and Creative Commons’ Privacy Policies, constitute the entire agreement between you and Library, superseding all prior agreements regarding the Services.
  • No Waiver. The failure of Library to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of said right or provision. Neither party hereto shall be deemed to be in default of any provision of the Terms of Use or for failure in performance resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not be limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes.
  • Headings & Construction. The section titles in the Terms of Use are for your convenience only and themselves carry no contractual or legal effect whatsoever. The language in these Terms of Use shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.
  • Contact Library. For purposes of providing notice of cancellation or termination, contact Library at Contact Us or Library at comments@ocls.info, or by mail at Orange County Library System, Attention: EPOCH, 101 E. Central Blvd., Orlando, Florida 32801.