Please review the following Terms and Conditions (these “Terms and Conditions”) concerning use of www.oxnard.org, the Web site operated by the City of Oxnard Pubic Library (the “Library”). By using this Web site (the “Site”), you agree to be bound by all of these Terms and Conditions.

1. Purpose

The Oxnard Public Library has created and designed the Site for the purpose of communicating general information with users of the Site and with the residents of the City of Oxnard (the “City”). Most portions of the Site are publicly-available (i.e., use is not limited, for instance, to residents of the City), but portions of the Site may be restricted to specific users (such as persons holding valid library cards issued by the Library).

2. Proprietary Rights

The City retains copyright on all text, graphic images, software, and other content (the “Material”) on the Site. The Material published on the Site is protected by copyright and other intellectual property laws, and is owned or controlled by the City or the party listed as the provider of the Material. Commercial use of the Material is prohibited without written permission of the Library or other copyright owner.

3. Library’s Right to Modify these Terms and Conditions

The Library reserves the right to modify, update, or alter these Terms and Conditions at any time. Your continued use of the Site constitutes your agreement to comply with these Terms and Conditions as modified, updated, or altered from time-to-time.

4. Governing Law

These Terms and Conditions are governed by, and will be construed and enforced in accordance with, the laws of the State of California as applied to agreements made and to be performed entirely within the State. Any action brought to enforce these Terms and Conditions or in connection with this Site may be brought only in the state or federal courts in or with jurisdiction over Ventura County, California. The City and the Library do not, however, by agreeing to the jurisdiction of those courts, waive any otherwise-applicable sovereign immunity.

5. Legal Notices

Communications made through or to the Site’s e-mail and messaging system do not constitute legal notice to the City, its City Council, the Library, or any of their respective departments, agencies, divisions, officers, employees, agents, or representatives, with respect to any existing or potential claim or cause of action against any of them, where notice to any of them is required by contract or by any federal, state, or local laws, rules, or regulations.

6. Authorized Purposes

The Site may be used only for authorized purposes. Unauthorized modification of any information displayed on the Site may result in criminal prosecution under federal, state, and local laws. The Library and its agents may monitor and audit the usage of the Site, and any use of the Site constitutes consent to that monitoring and auditing.

You may not restrict or inhibit any other user from using and enjoying any service conducted on this Site, nor may you upload, transmit, distribute, or otherwise publish on the Site: (i) any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane, or indecent materials; (ii) any materials which infringe any intellectual property right of any third party or advertise or otherwise solicit funds, goods, or services; or (iii) any materials containing a virus or other harmful component. While the Library has no obligation to monitor the Site and is not responsible for the content of any messages, information, or files transmitted on the Site, the Library reserves the right to delete, move, edit, refuse to post, or take other appropriate action with respect to any messages, information, or files which the Library and the City, in their sole discretion, deem objectionable or otherwise in violation of these Terms and Conditions.

7. Disclaimers/Limitation of Liability

The material included on or available through the Site may include inaccuracies or typographical errors. Changes are periodically added to the material on the Site. The Library may make improvements and/or changes to the Site at any time. The Library does not represent or warrant that the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components. The Library makes no representation about the suitability, reliability, availability, timeliness, accuracy, completeness, or usefulness of the Site or the information contained on the Site for any purpose. The Site and the material contained in the Site are provided “as is” without warranty of any kind. The Library disclaims all warranties and conditions with regard to the Site, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

8. Statistics

The Library may use a tracking program that gathers statistical information about each visitor to the Site, how they came to the Site, and the pages within the Site visited by them. This information may include the identity of the visitor’s Internet service provider (AOL, Verizon, etc.), type of browser (Internet Explorer, Netscape, etc.), and operating system (Windows 98, Unix, etc.), but no personally-identifiable information is gathered by this program. This statistical information helps the Library to develop the Site and its pages, including getting an idea of the most-popular pages and the ways visitors come to our site. The Library also collects information about the total number of new and repeat visits for statistical reporting to the California State Library. Similar information may be gathered for anonymous ftp remote account login, or for other comparable types of connections.

9. Privacy

The Library and the City share the concerns of many people about Internet privacy. All visitors to the Site should be aware, however, that information submitted to the Library may be considered to be public information under California state law, and that the Library may be required to disclose that information in accordance with the California Public Records Act or other legal requirements.

Information transmitted over the Internet is not necessarily secure against interception. If you send the Library an electronic mail message (“e-mail”), fill out a registration form on the Site, check the status of your Library account (such as books checked out and due dates), or otherwise transmit personally-identifiable information about yourself (such as your name, mailing address, telephone number, and/or e-mail address) to the Library, that information could be intercepted, and may be subject to the disclosure requirements of the California Public Records Act or other legal requirements.

By sending the Library an e-mail message, filling out a registration or feedback form, or requesting specific information from the Library, you may be sending the Library personally-identifiable information, such as your name, mailing address, telephone number, and/or e-mail address. For example, if you ask for assistance with reference questions or place a request for library materials, the Library will request information from you to respond to your request. The Library tries to gather from you only the minimum amount of information necessary to address the issue, and to retain that information only as long as needed to complete the transaction. Nonetheless, the Library may need to store this information for a time in order to respond to your request or to otherwise resolve the subject matter of your e-mail. The Library does not sell, trade, or rent your personal information to others. The Library does not send unsolicited e-mail or correspondence. The Library makes reasonable efforts to ensure that your identifying information is not disclosed to outside sources, except as required by law.

If you want to find out what information about you is contained in the Library’s records, the California Public Records Act may give you a right to that information. Contact the Library and make a specific request for a copy of any information about you that the Library has received on-line and has stored. If you believe the information the Library has is inaccurate or incomplete, you may provide the Library with accurate and complete information.

The Library does not guarantee the accuracy, reliability, or confidentiality of any communications over the Internet. The Internet should not be used to transmit any sensitive or confidential information to the Library, as such information may be easily intercepted. Given the unreliable nature of Internet communications, information transmitted to the Library via electronic means may not be received, or it may not be received or reviewed in a timely manner, although the Library makes reasonable efforts to respond to messages received.

The Library does not use “cookies” (a “cookie” is a small text file that some Web sites place on your computer’s hard drive to collect information about you or your interactions with the Web site). Most users do not know when a cookie is being placed on their computer; if you want to know when this happens (or if you want to prevent it from occurring), you can set your Web browser to block cookies or to alert you when a Web site attempts to place a cookie on your computer.

This privacy statement outlines the policies of the Library. Other departments and agencies of the City may have different privacy and information-gathering policies, even though they share portions of the same Internet domain with the Library. If you visit the Web sites of other departments or agencies of the City, you should consult their privacy policies.

10. Links to Third Party Sites

There are links included within the Library’s Site that allow you to leave the Site. Some of these links will take you to other Web sites operated by the City or its departments or agencies, while others will take you to third-party sites. The sites to which you are taken by these links are not under the control of the Library. You should review the terms and conditions (including privacy policies) of those other sites, which will govern your interactions with those other sites.

Links provided on this Site do not constitute any endorsement by the Library of the content or opinions expressed by the articles or information published by the news media or sources listed. These items are made available only as a public service to the Site’s online visitors and City of Oxnard residents.

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