TERMS AND CONDITIONS OF USE

Midwest Tape, LLC and its affiliates ("hoopla", Midwest Tape, CVS Midwest) provides digital content, software applications, technology services and hosted websites for third parties. The Terms and Conditions for Use include all updates, supplements, additional terms, software licenses, promotional offers, and all of hoopla rules and policies (collectively referred to as "Terms"). The Terms apply to all hoopla hosted websites, applications, software, technologies and services (collectively referred to as "Services").

By installing, copying, or otherwise using the Digital Media Platform's (DMP's) website, mobile applications (apps) or its software, you acknowledge that you have read and understood this Agreement, and agree to be bound by its Terms, and our Privacy Policy, which expressly incorporated herein by reference and made a part of these Terms. If you do not agree to (or cannot comply with) the terms and conditions of this Agreement, do not install, copy, or use the DMP's apps, software or any music, images, video, text, or other material available through the DMP("Content").

Midwest Tape evaluates ongoing our Terms against new technologies, business practices, and our users' needs, and may make changes to the Terms accordingly. Please check this page periodically for updates. Your continued use of the Service after posting of any changes to these Terms means that you agree to be bound by such changes.

COPYRIGHT, TRADEMARK AND INTELLECTUAL PROPERTY

The laws of copyright protect the Content that is made available through the Software and associated Services. All of the Content (the "Digital Content Titles") made available through this website and any related application (the "Digital Media Platform") are protected by intellectual property rights, including copyright, trademarks, trade secrets, and/or patent rights (collectively, "Intellectual Property Rights") of third parties.

You must be an authorized library patron to access, use, and connect to the Digital Media Platform to borrow and view the Digital Content Titles. As an authorized library patron, you may borrow and view the Digital Content Titles during the designated loan period for your own, personal, non-commercial use only ("Allowed Use"), after which period the borrowed content will expire.

The DMP and any related apps grants you a non-assignable, non-transferable, limited license to use the digital content provided by hoopla's suppliers ("Content") which may enable you to obtain, listen to, view, and/or read (as the case may be) Content that may be obtained by you in digital form, and you shall do so solely for your personal, noncommercial entertainment use. This Content is owned by Midwest tape LLC and other third parties. However, in all circumstances, you understand and acknowledge that your rights with respect to Content will be limited by copyright law. You agree that you will not attempt to modify any apps, software or Content obtained through the Service for any reason whatsoever, including for the purpose of disguising or changing any indications of the ownership or source of the Content.

You represent, warrant and agree that you are using the DMP hereunder for your own personal, noncommercial entertainment use and not for redistribution or transfer of any kind.You agree not to redistribute, broadcast, publicly perform or publicly display any Content, or otherwise transfer any Content obtained through the Service.

You agree that you will not, for any reason whatsoever, reverse engineer, decompile, disassemble, or otherwise tamper with any security components, usage rules or other protection measures applicable to the DMP or Content. You agree to abide by the rules and policies established from time to time by Midwest Tape LLC. Such rules and policies will be applied generally in a nondiscriminatory manner to users of the DMP apps and software, and may include, for example, required or automated updates, modifications, and/or reinstallations of the apps and software and obtaining available patches to address security, interoperability, and/or performance issues. Any use of the Digital Content Titles other than Allowed Use is a violation of law.

You agree not to make any use of the Content that would infringe the copyright therein. You agree to abide by the rules and policies established from time to time by Midwest Tape LLC.

Violation of any of the above restrictions may result in a termination of your ability to access the Services. Hoopla reserves any and all rights or remedies that may be available in the event of your breach of these Terms.

All of the technology related to the Digital Media Platform, the name hoopla digital, and any related collateral are owned by Midwest Tape LLC and is protected by Midwest Tape LLC's Intellectual Property Rights.

The owners of Content are intended beneficiaries of this Agreement and shall have the right to enforce this Agreement against you.

SECURITY

You will not violate or attempt to violate the security of hoopla Services, Software, and/or Content.

You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, or otherwise impair computer's functionality or operation which may be transferred to your computer via the Services, Software, and/or Content.

NO OTHER LICENSE

Except as state herein, no other rights or licenses are granted hereunder.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

THE DMP INCLUDING ALL APPS, SOFTWARE, CONTENT AND OTHER INFORMATION, MATERIALS AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED "AS-IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND FROM MIDWEST TAPE LLC OR ANY OWNERS OF CONTENT. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MIDWEST TAPE LLC AND ALL OWNERS OF CONTENT DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER MIDWEST TAPE LLC NOR ANY OWNER OF CONTENT WARRANTS THAT THE SERVICE OR ANY APPS, SOFTWARE, CONTENT, INFORMATION, MATERIALS OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NEITHER MIDWEST TAPE LLC NOR ANY OWNER OF CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM THE USE OF THE DMP OR FROM APPS, SOFTWARE, CONTENT, INFORMATION, MATERIALS OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DMP, OR FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID FOR THE SPECIFIC ITEM OF CONTENT GIVING RISE TO THE APPLICABLE CLAIM FOR DAMAGES.

TERMINATION OF ACCESS

Midwest Tape LLC and/or the owners of the Content may, from time to time, remove Content from the Service without notice. Midwest Tape reserves the right to modify, suspend or discontinue the hoopla Service (or any part thereof), Software, or any Content (or any part thereof) at any time with or without notice to you. Midwest Tape shall not be liable to you or any third party should we exercise such right.

CONTACTING US

If there are any questions regarding this policy, you can email them to info@hoopladigital.com and we'll respond accordingly.

These Terms are effective as of May 2013.