Introduction
The Topsham Public Library offers a Co-working office space for members of the public to rent for their personal business use. The space may not be used for any purpose that is unlawful or prohibited by the terms, conditions and notices included in this policy and the attached Terms and Conditions document.
The Co-working Room seats a maximum of 4 people and may be reserved on a first come, first served basis for up to 3 hours at a time. If no one else is waiting to use the room, it may be used for an additional hour according to the fee schedule below.
Library Staff Responsible for Administering this Policy; Appeals
The Library Director is responsible for administering this policy. The Director may designate any other employee to administer the policy and schedule room use. In this policy, the term, Director, will mean the Library Director or his/her designee.
Variances
This policy is subject to discretionary variances which may be granted by the Library Director or his/her designee.
If an individual or group wishes to appeal any decision of the Director, a letter to the Board of Trustees which includes all relevant information should be submitted to the Director. The Board of Trustees will consider the appeal at its next regular meeting. Those appealing may be present to answer questions.
Scheduling of Co-Working Room
Use of the Co-working Room will be scheduled on a first come, first served basis.
Rules for use of Co-working Room
All those using the Co-working Room must abide by the following rules:
- Groups must cancel any reservation for the Room by contacting the library no later than 24 hours after they are aware that they no longer need the room. Reasonable accommodations will be made to reschedule meetings that are cancelled or delayed for weather related emergencies.
- No person or group may affix banners, signs, artwork or other materials to walls or fixtures without the approval of the Director.
- All individuals or groups using the library must leave the premises 15 minutes before closing.
- Any individual/ group that abuses the facility or violates any of these rules may be prohibited from using the facility for at least one year following the violation. After one year following the infraction, the group must apply to the Board of Trustees to have privileges reinstated.
- The Library reserves the right to cancel any reservation for the Co-working Room or to require any group using the room to leave in an emergency.
Approved June 15, 2016
Topsham Public Library Co-working Service Agreement Terms and Conditions
The services that Topsham Public Library provides to you are subject to the following Terms and Conditions (T&C). Topsham Public Library reserves the right to update the T&C at any time without notice to you. Topsham Public Library membership application does not create a tenancy but a prepaid usage license to use the provided amenities.
Description of Services
Topsham Public Library may provide you with access to office space, workstations, Internet access, office equipment, conference space, knowledge resources, and other services (collectively, “Services”) on a first come, first served basis. Reservations for the use of this service may be made no more than six months in advance. The Services at all times are subject to the T&C.
No Unlawful or Prohibited Use
You will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Topsham Public Library’s server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, or accounts, computer systems or networks connected to any Topsham Public Library server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services, nor should you post or download files that you know or should know are illegal or that you have no rights to. You hereby represent and warrant that you have all requisite legal power and authority to enter into and abide by the terms and conditions of this T&C and no further authorization or approval is necessary. You further represent and warrant that your participation or use of the Services will not conflict with or result in any breach of any license, contract, agreement or other instrument or obligation to which you are a party.
Use of services
You agree that when participating in or using the Services, you will not: Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise); Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through Topsham Public Library servers; Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as a limitation, copyright, trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same; Use any material or information, including images or photographs, which are made available through the services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party; Upload files that contain viruses, Trojan Horses, Worms, time bombs, candlebots, corrupted files, or any other similar software or programs that may damage the operation of another computer or property of another coworker; Download any file that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and or/distributed in such manner; Restrict or inhibit any other user from using and enjoying the Services; Violate any code of conduct or other guidelines which may be applicable for any particular Service (including the Building Rules); Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party; Violate any applicable laws or regulations; or create a false identity for the purpose of misleading others.
Payment
Members are required to pay in advance for the use of the Co-working Room. Fees are not refundable with less than 24 hours’ cancellation notice Payment for casual usage is paid on the day of use unless other arrangement have been made with Topsham Public Library.
Confidentiality
You acknowledge and agree that during your participation in and use of the Services you may be exposed to Confidential Information. “Confidential Information” shall mean all information, in whole or in part, that is disclosed by Topsham Public Library or any participant in or user of the Services or any employee affiliate, or agent thereof, that is non-public, confidential or proprietary in nature. Confidential information also includes, without limitation, information about business, sales, operations, know-how, trade secrets, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records of Topsham Public Library, any analyses, compilations, studies or other documents prepared by Topsham Public Library or otherwise derived in any manner from the Confidential Information that you are obliged to keep confidential or know or have reason to know should be treated as confidential. Your participation in and/or use of the Services obligates you to maintain all Confidential Information in strict confidence; Not to disclose Confidential Information to any third parties; All confidential information remains the sole and exclusive property of Topsham Public Library or the respective disclosing party. You acknowledge and agree that nothing in this T&C or your participation or use of the Services will be construed as granting any rights to you, by license or otherwise, in or to any Confidential Information or any patent, copyright or other intellectual property proprietary rights of Topsham Public Library or any participant or user of the Services.
Participation in or Use of Services
You acknowledge that you are participating in or using the Services at your own free will and decision. You acknowledge that Topsham Public Library does not have any liability with respect to your access, participation in, use of the Services, or any loss of information resulting from such participation or use.
Disclaimer of Warranties
To the maximum extent permitted by the applicable law, Topsham Public Library provides the Services “as is” and with all faults, and hereby disclaim with respect to the services all warranties and conditions, whether express, implied or statutory, including but not limited to: merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, workmanlike effort and lack of negligence. Also there is no warranty, duty or condition of title, quiet enjoyment, and quiet possession, correspondence to description or non-infringement. The entire risk as to the quality, or arising out of participation in or the use of the services, remains with you.
Exclusion of Incidental, Consequential and Certain Other Damages
To the maximum extent permitted by the applicable law, in no event shall Topsham Public Library or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly and individually be liable for any direct, special, incidental, indirect, punitive, consequential or other damages whatsoever (including, but not limited to damages for: loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of reasonable care, negligence, and any other pecuniary or other loss whatsoever) arising out of or in any way related to the participation in or inability to participate in or use of the services, the provision of or failure to provide services, or otherwise under or in connection with any provision of this agreement, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of Topsham Public Library, and even if Topsham Public Library has been advised of the possibility of such damages. Limitation of Liability and Remedies Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Topsham Public Library or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns under any provision of this T&C and your exclusive remedy for all of the foregoing shall be limited to actual damages incurred by you based on reasonable reliance up to $100.00. The foregoing limitations, exclusions and disclaimers, including the previous sections) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
Non-Disparagement
You shall, during and after the participation in and use of the Services, refrain from making any statements or comments of a defamatory or disparaging nature to any third party regarding Topsham Public Library, or any of Topsham Public Library officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law.
Indemnification
You release, and hereby agree to indemnify, defend and save harmless Topsham Public Library and its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly and individually, from and against all claims, liabilities, losses, damages, costs, expenses, judgments, fines and penalties based upon or arising out of your negligent actions, errors and omissions, willful misconduct and fraud in connection with the participation in or use of the Services. You further agree in the event that you bring a claim or lawsuit in violation of this agreement, you shall be liable for any attorney fees and costs incurred by Topsham Public Library or its respective officers and agents in connection with the defense of such claim or lawsuit.
Severability
In the event that any provision or portion of this T&C is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this T&C shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.
Insurance
Topsham Public Library carries Liability and Business Personal Property insurance. As a user, you are not required but it is strongly suggested that you carry a Renters Insurance policy to cover your own equipment while using our space. That policy may cover your current residence/office, as well as the premises of Topsham Public Library.
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I agree to the aforementioned terms and conditions of use.
________________________________________________________________
(Signature)
Name: ___________________________________________________________
Address: _________________________________________________________
____ paid _____ Staff Initials
Approved June 15, 2016