Please find selected library policies below:
Collection Development Policy
Effective October 5, 2009
Introduction
The mission of the Sunnyvale Public Library is to be a gateway to lifelong learning and enrichment in a safe, nurturing and dynamic environment for the residents of Sunnyvale. In order to meet this mission, the Library provides a wide range of materials that will appeal to users of all ages, backgrounds and educational levels. Special emphasis is placed on providing materials that promote early childhood development, support formal education and independent learning and further the acquisition of basic information literacy and technology skills by all library users. In addition, the Library extends access to information beyond its own collection by participating in resource sharing with other library systems on the local, regional and state level and by providing access to online sources of information through the Internet and other digital materials.
Purpose
The purpose of this Collection Development Policy is to establish guidelines for the development and management of the collections of the Sunnyvale Public Library in accordance with the goals of the library as stated in the Library Sub-element. It provides guidance for the librarians, as they strive to build a collection of library materials that will meet and anticipate the needs of the Sunnyvale community, and informs the public about the principles that govern the selection and removal of library materials. It states the Library’s position on intellectual freedom and censorship and finally, defines the scope and standards of the various collections contained within the Library.
Library Description
The Sunnyvale Public Library is a full-service library located in the heart of Silicon Valley serving a community of diverse cultural, linguistic and educational backgrounds. The Library is the information center for the community, providing a wide-range of reference materials, both in print and electronically. Committed to the concept of lifelong learning, the Library offers a broad choice of circulating print and audiovisual materials, along with a variety of digital resources, selected to accommodate the diversity of tastes, reading levels, languages and interests of users of all ages.
Community demographics influence the collections of the Library. The residents of Sunnyvale reflect many different ethnic groups and slightly more than half of the residents of the City speak a language other than English at home. Sunnyvale is a city of high educational attainment surrounded by several major universities, with nearly 60 percent of residents identifying themselves as working in management/professional jobs. Approximately one quarter of the population is under the age of twenty while the majority of the residents fall into the 20-64 age group. For these reasons a strong emphasis is placed on the acquisition of materials in other languages, technical materials and materials for children. The population is both well-informed and well-read and expects the Library to provide them with quality materials to help them continue the pursuit of lifelong learning and entertainment.
Intellectual Freedom
As a public institution committed to the principles of intellectual freedom, the Library supports each patron’s fundamental right of access to all expressions of knowledge, creativity and intellectual activity and recognizes its obligation to provide as wide a spectrum of materials as possible. In practice, the choice of library materials by users is an individual matter. Parents and legal guardians retain responsibility for the reading/viewing/listening materials used by children and adolescents from the library collection. The City Council and Board of Library Trustees, on behalf of the Library and the community, has adopted and declared support for the following:
American Library Association Bill of Rights (Appendix A)
American Library Association Freedom to Read statement (Appendix B)
Selection Guidelines
Authority and Responsibility
The Director of Libraries has the authority and responsibility for the selection of library materials. Under his or her direction, the selection is delegated to the Supervising Librarian for Collection Development who oversees the selection process and manages the materials budget. Professional library staff are assigned responsibility for selecting materials in prescribed subject areas, based on their own specialized knowledge and experience.
Selection Criteria
Library materials are selected with the purpose of carrying out the goals of the library. The librarians use a variety of resources to make their selections. These include trade journals such as Library Journal, School Library Journal, Booklist, and Publisher’s Weekly, publisher’s catalogs, newspapers and magazines, television, radio and online review sources. All staff and members of the public are encouraged to recommend materials for the collection.
Each selection is evaluated on its own merit and in relation to the collection as a whole, using some or all of the following criteria:
- Current and future relevance to community needs
- Demand
- Accuracy
- Style, clarity, presentation
- Literary merit, significance
- Importance of author or artist (authority and reputation)
- Relationship to other items in the collection (will the book enhance existing collection?)
- Price
- Format
- Availability
Multiple Copies
Whenever possible, the Library purchases multiple copies of certain titles based on anticipated popularity and patron demand. In order to improve customer service and limit the time spent waiting for current titles the Library attempts to maintain a ratio of one copy for every three reserves.
New Formats
The Library is continually seeking out and evaluating new formats in order to provide the most current products to our patrons. Decisions to add a new format are based on the following considerations:
- Patron demand
- Emergence of format and necessary hardware as industry standard
- Availability of titles
- Cost, not only to purchase, but to catalog, process and maintain
- Amount of training and technical support needed
- Enhancement or replacement of existing formats
- Adaptability to RFID/AMH system
Reconsideration of Library Materials
The role of the Library is to collect materials representing varying points of view and different ways of life. Materials are selected using the guidelines presented in this policy and in no way indicate an endorsement of the author’s viewpoint by the Library. Any materials challenged by patrons will be reviewed carefully and respectfully, using the procedure outlined in Library Policy CD-4.
Donations
Donations of books and audiovisual materials in good condition are accepted based on the provisions listed in Library Policy CD-3.
The Collections
Fiction
The fiction collection is designed to serve the reading interests of a highly diverse community. It includes bestsellers, contemporary fiction and classics as well as representative works of new authors and works from a variety of national and cultural traditions. Genre collections shelved separately are mystery and science fiction/fantasy. Multiple copies are purchased based on popularity of the title and patron demand.
Nonfiction
The nonfiction collection contains circulating materials in a wide range of subjects supporting the learning and information needs of library users. Included are books on job skill enhancement, self-help and individual growth, cultural awareness, business and consumer information, community affairs, recreational pursuits and general knowledge. Shelved separately is a College and Career collection which provides test preparation materials for students and job seekers. Materials for the nonfiction collection are selected by subject specialists and are organized using the Dewey Decimal Classification System. Duplicates of popular titles are purchased when indicated by demand.
Reference
General reference materials include bibliographies, indexes, directories, dictionaries, encyclopedias, almanacs, atlases and statistical compendia which provide timely, accurate and useful information to library users. Reference materials are available in both print and electronic formats. Selection criteria of particular importance to reference materials are: currency, accuracy, arrangement, uniqueness of information, authority, documentation and level of indexing.
The Business Reference Collection serves all facets of the business community. It contains national and local company directories, industry surveys, trade and association directories, and national and local manufacturing directories.
Because of its designation as a Patent and Trademark Depository Library (PTDL), the Library houses a collection of U.S. patents and patent and trademark materials in various formats. Also included in this collection are patent searching guides and other reference materials on intellectual property.
The Sunnyvale Collection provides historical and current information about the city and community of Sunnyvale. It includes books, newspapers, city documents, photographs, pamphlets and audiovisual materials.
International Languages
The International Language collection provides recreational and information materials to meet the needs of community members who use materials in languages other than English. Resources include books, magazines, newspapers and audiovisual materials.
The Library currently owns materials in Chinese, French, German, Hindi, Italian, Japanese, Korean, Persian, Russian, Spanish and Vietnamese. Each language collection varies in breadth and depth depending on public needs and availability of materials and resources.
The Library is committed to developing and maintaining this collection in order to respond to the changing demographics of the population served. New languages may be added to reflect community needs. Inclusion of languages in the collection is based on patron surveys and local demographic data.
READ
The READ collection provides material in print and audio formats to support adult new readers or new readers in English as a second language. Some materials are suitable for use in teaching or tutoring situations, while others can be used for individual study and recreational reading. The materials, consisting of both fiction and nonfiction, are written on a first to fifth grade reading level. In addition to general reading skills, the collection supports other areas of interest to learners of English such as pronunciation, conversation, vocabulary and grammar.
Periodicals
Periodicals are purchased for adults, teens and children. The adult collection is comprised of newspapers, magazines and newsletters chosen to provide current and retrospective information on a wide range of special interests in the areas of health, hobbies, business and finance, sports, technology, entertainment and current events. Periodicals are retained for varying periods of time. Included in the collection are a number of periodicals in languages other than English. The teen and children’s collections contain titles of general interest to those age groups.
Although certain long-established titles remain staples of the collection, others change frequently in response to community demand, publishing trends, and lifestyle changes. Indexing in standard sources also influences inclusion in this collection.
Some newspapers and magazines are available on microfilm.
Map File
The map collection includes world maps of various regions, countries, and major cities, as well as state and major city maps. It contains an in-depth collection of maps of California counties, major cities, local Bay Area cities, and topographic maps. Also included are Santa Clara County flood maps and regional earthquake maps of special use to home builders, home buyers, or city planners.
Children's Print Collection
The Children’s Collection is intended to encourage children to become lifelong readers and information seekers. It includes materials in a variety of formats and a number of languages with a broad range of reading levels. The primary users of the collection are children from infancy through 6th grade, their parents and caregivers, and their teachers.
Librarians select materials that children enjoy and which satisfy curiosity, stimulate intellectual development and support emotional growth. The collection contains materials that are the best available for children, as well as items selected for popular appeal. Curriculum related materials are purchased which duplicate and supplement materials available in school libraries. Textbooks are not purchased. Librarians review the collection continuously for currency and relevance to a changing community.
Teen Print Collection
The Teen Collection is a browsing collection of popular materials for students in grades 6-12. It is designed to encourage teens to be readers and library users, as well as to attract other teens who have not frequented the library. Popular Young Adult titles in paperback, as well as classics included on school reading lists form the core of the fiction collection. The nonfiction collection is not intended to be inclusive, but rather to cover subjects of interest to teens and topics frequently assigned for school projects. “Hot topics” of instantaneous but short-lived interest are a strong influencing factor in purchasing for this collection.
Graphic novels have grown in popularity and become an important part of the Teen collection. Although cataloged as nonfiction, they are shelved separately. Graphic novels are selected by librarians using reviews and recommendations from professional journals and web sites in accordance with the selection criteria laid out in this policy.
Audiovisual Collection
Audiobooks
The Library collects audio books for adults, teens, and children, housed in their respective areas of the Library. Titles in this format are chosen for their appeal to a wide variety of interests. The collection contains fiction and nonfiction titles on a variety of subjects including language learning materials. The collection consists of both tape and CD formats although tapes are no longer being purchased.
Music
The adult music collection consists of works by major classical and contemporary composers, as well as popular genres. It is comprised primarily of compact discs due to their popularity and availability. The children’s music collection includes folk music, popular children’s songs and introductions to classical music. Music recordings are selected based on popularity and patron demand. Careful attention is given to selecting popular international music as well as music from this country. The Library recognizes that some music lyrics can be controversial. Selections will be made on the merits of the work according to general selection criteria.
Movies, Documentaries and Series
The Library’s film collection is primarily a browsing collection and includes both feature and nonfeature films in a variety of languages to appeal to children, teens and adults. Films are selected for their intellectual and imaginative content and to reflect the varied ethnic backgrounds and other demographic and social issues of the community. Multiple copies of the most popular items are purchased to increase patron access.
Factors influencing purchase decisions for this collection include patron demand, popularity of the film (based on theater box office figures and sales rankings of commercial video/DVD vendors), and film reviews. An effort is made to select films from other countries, time periods and genres, and to provide films about topics that are enriched by a visual presentation such as travel, the arts, performances, and natural history. Television series have also become very popular. The Library purchases films with United States Motion Picture Association of America ratings of G, PG, PG13 and R. NC-17 and X-rated films are not purchased.
Films from other countries that have not been rated by the MPAA are also purchased for the collection. Films containing extremes of sex and violence will be excluded when these experiences are an end to themselves, rather than part of the movie theme. The Library recognizes that many films are controversial. Selections will be made on the merits of the works according to general selection criteria.
The collection consists of DVDs. As technology progresses, other formats will be considered once they have become the established format.
Databases
The Electronic Database Collection serves the information needs of library users and librarians alike, providing easy, Web-based access to databases covering a wide range of subjects, including business and investments, health, current events, consumer information, teaching programs, and a variety of popular and academic topics. Library members may gain remote access to a number of these subscription databases.
The databases provide indexing and often full-text for numerous magazines, journals, newspapers, and reference sources, some of which are held by the Library. They also offer access to articles, reports, and listings that would not otherwise be available in the Library’s print collections. The majority of the databases are in English. Full-text Spanish-language periodical and newspaper coverage is also offered.
Databases are evaluated periodically based on user statistics and continued relevance to the community.
E-Books
The Library offers a sizeable collection of e-Books which is shared with the Northern California Digital Book Consortia. New titles are selected each year with a focus on business, technology and computer books; however, all subjects are represented. Although many titles are also available in print, e-Books allow the Library to provide more copies of popular print titles and extend its collection to remote users.
Another component of this collection is digital audiobooks which can be downloaded to a computer or a listening device. These titles are mostly popular fiction titles intended for the general public.
A small collection of downloadable music is also available for Library patrons.
Materials Not Collected
Due to limited space and resources, there are certain materials the Library does not collect:
Textbooks: The Library does not buy textbooks used by the local schools, colleges or universities unless there is little or no material on the subject available in any other format.
Rare Books: The Library is not an archival library, nor does it collect rare or unusual materials that require special handling. Many of the local universities have rare book collections that can be accessed by the public.
Genealogy materials: The Library collects basic materials on genealogic research. More specialized materials can be found at the Santa Clara City Library or the Sutro Library in San Francisco which offers the most extensive genealogic collection west of Salt Lake City. Library staff will, however, attempt to help the public locate the desired information using Link+ or online databases.
Collection Maintenance
The Library’s collection is systematically evaluated to ensure that the materials remain current and in good condition and continue to reflect the needs of the Sunnyvale community. Statistical tools such as circulation reports, collection turnover rates, and customer surveys help the selectors determine how the collection is being used and what items are candidates for discard, repair or replacement.
Library materials are discarded based on the following criteria:
- The information is obsolete or inaccurate
- The number of copies is no longer needed.
- The material is not being used.
- The material is damaged or in poor condition.
As an alternative to discarding or replacement, some materials may be repaired.
Materials that are discarded, except for magazines and newspapers, are given to the Friends of the Library. They decide whether an item should be recycled or sold at the Friends of the Library Booksale.
Review of Policy
This collection development policy will be evaluated and revised no less than once every five years.
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Computer Use by Children
Effective July 21, 1995
Sunnyvale Public Library Children's Services offer public access to computers for children through 8th grade. This may include, but is not limited to, use of word processing, graphic creation, educational software, CD-ROMs, the Internet, and printers. Limits for use by time period, age, and type of equipment will be set, publicized and implemented. The librarians will help with hardware and software troubleshooting, but will not be responsible for teaching a patron how to use the computer or any application.
In accordance with the Library Bill of Rights, which has been adopted as part of Sunnyvale Library's Collection Development Policy, library staff does not monitor any child's specific use of the Internet that is within library rules for age, time and behavior limits.
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Donations of Books and Other Materials
Effective February 17, 2012
The library accepts donations of books and audiovisual materials in good condition, and reserves the right to reject materials for any reason. All donations are subject to the provisions listed below.
- Donated items become the property of the Sunnyvale Public Library.
- The library is under no obligation to add materials to the collection or to notify the donor of disposition of items.
- Donated items may be reviewed for possible addition to the library collection, based on condition and relevance to collection guidelines and policies.
- Items not added to the collection are given to the Friends of the Sunnyvale Library to sell at book sales. The proceeds benefit the library.
- There is a limit of 4 bags or boxes of donated materials accepted on any one day from an individual. Donations must be delivered to the library loading dock or to the circulation desk.
- The following types of materials are not accepted: audio and video cassettes, encyclopedias more than 5 years old, home-made recordings, magazines, newspapers, software and vinyl records.
- Donation receipt forms are available to be completed by donors. Values are assigned by donors, not library staff.
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Internet Use
Effective November 23, 1996
Sunnyvale Public library is committed to the principles of the intellectual freedom, promotion of literacy, encouragement of lifetime learning and provision of materials and informational services. The Library provides the public with as wide a spectrum of materials as possible. The Internet, a global network of thousands of computers connecting all over the world, offers vast amounts of information far beyond the Sunnyvale Public Library's collection. It allows access to ideas and information from a multitude of sites spread over the globe.
While the library offers selected connection to a wide range of useful and interesting sites through its home pages and bookmarks, all public Internet sites are accessible to users. The Internet is an unregulated medium. While it offers access to a wealth of local, national and international information that is enriching to individuals of various ages, it also enables access to some materials that may be considered offensive, controversial or disturbing. Also, as with printed sources, not all information on the internet is accurate, complete or current. The library does not control or monitor material that can be accessed through the Internet. Individual users must accept responsibility for the right of each individual to have access to constitutionally protected material.
It is the responsibility and the right of the parents to determine and monitor their children's use of library materials and resources, including the internet. Each parent needs to decide which resources are appropriate for his/her own children's use.
Parental permission is required for children ages 8-12 to use the Internet in the library. Permission forms are available at the Children's Information Desk.
The Library provides use of the World Wide Web, a graphical interface for a part of the Internet. It does not provide e-mail accounts.
The U.S. Copyright law (Title 17, U.S. Code) prohibits unauthorized reproduction or distribution of copyrighted materials; therefore users may not copy or distribute electronically accessed materials without permission of the copyright holder, except as permitted by "fair use" principles. Responsibility for copyright infringement is with the users. The library disclaims liability resulting from such infringements.
Modifying or attempting to damage computer equipment or software is vandalism to library property and may result in legal action.
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Library Card Registration
Effective June 1, 2007
Sunnyvale Public Library is a member of the California Library Services Act Equal Access and Universal Borrowing programs. The following Policy for issuing Sunnyvale Public Library cards to patrons is in accordance with these programs.
Eligibility:
- Residents of the State of California (proof of residency required) are eligible to apply for a free Sunnyvale Public Library card.
- Persons who give a Post Office Box as a mailing address and who have no street address may present proof of mailing address listing the Post Office Box.
- Persons who do not reside in the State of California may apply for a Library card which will expire in 6 months.
- The following items will be accepted as proof of residence:
- California driver’s license or identification card issued by the Department of Motor Vehicles (address may be changed on the back in ink, signed and dated. Patron must notify the Department of Motor Vehicles of change of address pursuant to its policies.)
- Current dated P.G & E., Telephone, or other utility bill.
- Property Tax bill with name and address.
- Printed check with name and address.
- Letter addressed with current postmark date.
- Official document listing name and current address.
- Valid United States Passport with current address.
Privileges
Possession of a valid Sunnyvale Library card entitles the borrower to the following privileges and services:
- Loan of materials for use outside the Library.
- Use of certain protected materials within the Library
- Additional services on payment of a fee: for example reserve of items currently on loan; interlibrary loan of items not owned by this library.
- Link+ requested books from other libraries.
- Access to Internet, Database and Word Processing computers.
Responsibilities
When a library card is issued, the borrower agrees to be responsible for all materials borrowed on that card. This agreement includes the following responsibilities:
- To report any change of address promptly to the Circulation Division of the Library.
- To report the loss of the card promptly.
- To report the loss or damage of material property.
- To return borrowed library materials when due and to pay any fines and fees for overdue, lost and damaged library materials as listed in the schedule of fines and fees.
- To adhere to limits placed on the number of items which may be borrowed.
This policy is based on the California Education Code:
“Any person who violates any rule, regulation or by-law may be fined or excluded from the privileges of the library” –Education Code Section 18960
“Any person who detains any book, newspaper, magazine, pamphlet, manuscript, or other property belonging to any public or incorporated library…for 30 days after notice in writing to return the article or property, given after the expiration of the time for which by the rules of the institution the article or property may be kept, is guilty of a misdemeanor.”– Education Code Section 19911
Procedures
Adults, and minors aged 13 to 18 years, may apply for a Sunnyvale Public Library card by presenting acceptable identification with proof of residence as described above. The card holder will sign the agreement printed on the back of the library card.
A parent or guardian may apply for a Sunnyvale Library card for a minor by presenting acceptable identification which includes proof of residence for the parent or guardian. The Minor must be present when the card is received.
In the case of a class visiting the library, a teacher may present application forms for students signed by a parent or guardian if appropriate. The teacher must use class records to verify that the student lives at the residence listed on the application in lieu of proof of residence as described above.
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Library Loan Limits
Effective November 30, 1999
In order to assure the availability of library material for all patrons, library staff may limit the number of items which may circulate to patrons:
- Limits apply to categories of materials, which are in high demand or which represent a small number in the library's collection (refer to attachment).
- There may be a limit on the number of library items that patrons can borrow when the online system is not in operation. The Circulation supervisor or manager in-charge will determine checkout limits depending on the situation.
- Most circulating library materials may be renewed twice in person, by telephone or on the library’s web site, unless they are on reserve (refer to attachment).
- Loan limits will be reviewed and discussed on an annual basis before the beginning of a new fiscal year by Library managers. All changes will be presented to the Library Board for discussion.
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Overdue Materials Fines and Fees for Lost or Damaged Materials
Effective October 3, 2005
In order to insure that library materials are accessible equally to all customers, the Sunnyvale Public Library charges fines for materials that have not been returned by the due date. Fines are not charged to provide revenue but to deter the loss of materials and to insure that materials are returned in a timely manner.
Since application for a library card constitutes a contract between the card holder and the Library, the Library will consider the failure to pay fines promptly to be a breach of the contract. Any breach of this contract is grounds for suspension of library privileges.
When a library customer returns library materials after the due date, the customer will be fined according to the current City of Sunnyvale Fee Schedule. If the fine is not paid at the time the material is retunred, the amount will be added to the customer's fine record. The Library will suspend privileges immediately for any borrower who owes more than $20.00 at any time. Privileges will be reinstated upon payment of the fine.
In the case of lost or damaged materials, there is a replacement cost for the item and a processing fee for handling. For lost material, if the item is returned within six months of payment, the replacement cost, less the processing fee may be refunded. If the lost material is found and returned after the lapse of six months, there is no refund. Unresolved bills for the replacement of lost or damaged items may results in referral to a collection agency.
It is the responsibility of each customer to return materials on time. Courtesy notification of due dates and overdue materials will be sent by the Library. The Library user is responsible for keeping their contact information up to date. The Library is not responsible for undelivered mail, bounced e-mail or failed telephone connections.
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Patron Requests
Effective October 12, 2007
Patron requests for books, periodicals and audiovisual materials for adult and children will be considered for purchase by the Collection Management division of the Library. These items are subject to the selection criteria outlined in the Collection Development Policy and are not automatically added to the collection. Requests should be for current titles with broad appeal, such as bestsellers and other popular topics published within the last 3 years. Patrons requesting older, out of print or specialized titles should be directed to use LINK+ or interlibrary loan.
PROCEDURES
Patrons may make requests in two different ways.
- Online Suggestion Form: This is the recommended method for making a suggestion. Using the library’s web catalog home page, click on the link "Suggest a purchase." The patron should fill out the form completely. The form will be forwarded to the appropriate selector who decides whether it will be ordered or not. If an email address has been provided, a reply will be sent stating the action taken. When the title appears in the catalog, the patron may place a hold on it.
- Printed Suggestion Form: The patron must complete a "Book Suggestion Form" card for each title requested. A salmon card is used for books, a buff card is used for media and a lime green card is used for periodical requests. These cards are located at the Reference and Children's desks. The librarian will review the card and make sure all pertinent information is included. If the request is for an older title, the librarian will suggest using LINK+ or interlibrary loan. Provided the patron has supplied a mailing address, the card will be mailed back with a statement about whether we have ordered it or not. When the title appears in the catalog, the patron may place a hold on it.
Requests for books and audiovisual materials will be considered on a timely basis. If the patron’s suggestion is ordered for the collection, it will be given priority processing.
Periodical subscriptions are considered annually during the summer months. When a title is suggested, the periodicals librarian will request a sample copy from the publisher and that title will be considered when decisions are made about new periodicals.
The Supervising Librarian for Collection Development, in consultation with the subject specialists, makes all purchase decisions. If patrons question a decision about a request, their concerns will be referred to the Supervising Librarian. If the patron is still not satisfied, the matter is referred to the Library Director who will make the final decision.
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Program Room Use
Effective August 20, 2007
In accordance with City Administrative Policy (Chapter VI, Article VIII, Section 4.6) the Library Program Room is available only for library programs, other city programs, and city staff activities. The program room is not available to non-library or non-city groups. Library programs have first priority of usage.
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Public Conduct in the Library
Effective September 13, 2011
The Sunnyvale Public Library and the Board of Library Trustees welcome you to the Library facility and hope that you enjoy your time here. Please respect the right of everyone to enjoy a pleasant, safe library environment. In order to provide a positive, safe and equitable experience at the Library, we ask you to observe the following rules and comply with staff member direction.
- Behave with courtesy and respect to others. Patrons exhibiting any behavior that is disruptive, threatening, abusive, bothersome or questionable in any way may be asked to leave the Library.
- Wear shoes and shirts at all times in the Library.
- Silence personal electronic devices such as cell phones, computers, pagers or music players that would disturb other Library users. Keep voices at a low level. Refrain from talking in areas of the Library that have been designated as "Quiet Areas."
- Consume all food and drinks (except covered non-alcoholic drinks) outside the Library.
- Library users causing strong pervasive odors that disturb others may be asked to leave.
- Smoking, drugs and alcoholic beverages are not allowed in the Library.
- Taking photographs of Library customers or staff without their permission is prohibited.
- Obey all applicable federal, state and local laws.
- Keep all personal items with you. The Library cannot be responsible for unattended items. Unattended items are subject to confiscation.
- Large or bulky items or objects that might create a safety hazard or nuisance must be left outside the Library.
- Use only one chair per person with all personal items.
- Keep bicycles, scooters and large carts outside the Library.
- Do not ride skateboards, bicycles, rollerblades, scooters, etc., that could cause injury to you or others, while in or around the Library.
- Directly supervise children under 8 years of age, while they are in the Library. Supervision should be by a responsible adult.
- Use the Library facility, equipment, materials and furnishings as intended. Refrain from tilting chairs, placing feet on furniture or moving furniture.
- Damaging and/or destroying Library materials or property is subject to prosecution. (California Penal Code Section 594).
- Bringing any animals, except service animals, such as guide dogs, into the Library is not permitted.
- Sleeping, bathing, shaving, washing clothes, etc., are not permitted in the Library.
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Reference Services
Effective August 4, 2003
I. Purpose
The purpose of the policy is to set forth a written framework for the provision of reference services at Sunnyvale Public Library. The policy outlines the library's philosophy of service, sets standards for performance, describes service levels and the professional conduct of librarians working at the Information Center.
II. Philosophy and Standards
The foundation for this policy is the City of Sunnyvale's Guiding Principles, the City of Sunnyvale Administrative Policy for Information Management, Integrated Communication Services, and the 2003 Library Sub-Element of the City of Sunnyvale General Plan, specifically Library Sub-Element Goal 6.2B:
Services and Programs: Provide library services to help the community find and use the materials and information they need. The reference policy is also founded on the principles set forth in the American Library Association's Library Bill of Rights, Freedom to Read Statement, Freedom to View Statement, and the Libraries: An American Value Statement.
Sunnyvale Public Library reference service encompasses a broad range of services including questions and answers, instruction and guidance in the selection and use of library resources, analysis of users' needs and advice on educational, recreational, personal or professional reading. A balanced staff with a broad range of skills and expertise in complementary subject areas provide reference service.
Librarians greet each person with full attention and courtesy. All questions are given equal consideration. Each inquiry is treated with respect, seriousness and confidentiality. By their actions and behavior, librarians endeavor to make patrons feel comfortable and the library usable and accessible.
It is the library's purpose to serve, protect and balance the interests of individuals and the entire community. The librarian's role is to connect a user's need to the library's resources. Librarians assess the patron's needs and offer an appropriate level of assistance based upon the patron's abilities to use the various information resources. The librarian is responsible for ensuring that the patron knows how to use sources suggested and how to retrieve the information he/she requires.
The reference staff is committed to finding a path for patrons to follow in pursuit of their information needs. The librarian makes a good faith effort to respond to information needs utilizing all library resources. Patrons whose questions cannot be answered using resources of the library are offered referrals to other libraries, agencies, or information sources. If appropriate, a patron's question(s) may be referred to the SVLS Reference Center whose professional staff has access to more specialized research tools.
III. Professional Conduct
Helping to meet the reference and information needs of each library user is the most important professional responsibility of the reference staff. Reference librarians are committed to providing accurate, complete information and efficient and courteous service. Reference librarians listen attentively and conduct a careful reference interview to determine each patron's needs. Librarians strive to maintain an approachable, interested demeanor to encourage patron inquiries and facilitate sensitive handling of their questions.
The particular strategies employed to meet individual inquiries may vary. Reference services are delivered by a team of trained librarians who will consult with each other or seek other assistance to complete questions when appropriate. The number of librarians available to respond to questions will be adequate to meet patron needs. Direct personal service to the public takes precedence over all other duties and activities. Only professional business and conversation is conducted while on desk duty. Patrons who are dissatisfied with the service are referred to the self-directed work team leader or the manager in charge.
IV. Service
A. Types of service
Reference service may be provided in person, by telephone, by fax, by mail, by e-mail, and online. Information needs may be met by the library's resources, both print and non-print, or by referral to resources in other libraries or agencies.
The reference desk staff:
- Provides information in the form of direct assistance and guidance in locating library materials. The term 'direct assistance' refers to providing information in the form of short answers and/or performing research. The need for direct assistance is determined by the librarians based on the patron's needs and abilities.
- Provides instruction in the selection and use of library resources to users whose questions require research, i.e., use of many resources and/or materials in several formats.
- Facilitates patron use of computer equipment and applications for the purpose of accessing information.
B. Service priorities
Reference Service priorities from highest to lowest are as follows:
- In-library users are served on a first-come, first-served basis.
- Telephone inquiries are answered in the order received.
- Questions received by fax are addressed when there are no in-person or telephone queries to be worked on.
- Emailed reference questions are handled by the Technology Librarian, or assigned to the library staff member most qualified to answer the question.
- Questions received by mail are assigned to the most qualified staff member for a response as time permits.
- Online reference services are provided by staffing a virtual reference desk several hours a week in conjunction with other California libraries to ensure 24-hour availability.'
C. Service Parameters
Specific guidelines on reference service ensure accuracy, completeness and fairness. During busy periods the reference librarian may not be able to spend as much time with each patron as at times when the library is less busy. At all times, the information provided must be accurate and appropriate sources cited. Communications shall also be courteous, clear and concise, and underscore the city's customer service objectives.
1. In-library service
When questions require lengthy or difficult searching, librarians will suggest appropriate sources for beginning the research and instruct patrons in their use. Librarians take the responsibility of assuring that patrons' research is proceeding effectively and that patrons return for additional advice or instruction when appropriate.
2. Telephone service
Telephone service is conducted in accordance with city telephone policy as described in the Administrative Policy Manual. Librarians pay particular attention that all external calls are answered with a full greeting. The greeting should identify the City, the department, division or function, and the name of the person taking the call. Internal calls may be answered with a short greeting with the identification of the department and the name of the person answering the call. If a patron does not wish to be placed "on hold" but chooses to be called later, the return call is placed on the same day. Telephone reference is usually limited to supplying the kind of information that is readily available, does not require extensive searching and which can be briefly and accurately imparted over the telephone. Patrons whose questions require extensive and/or lengthy research are invited to visit the library and offered suggestions on library resources, including staff assistance, in meeting their research needs. Patrons who are advised that particular material is available in the library should be given at least one confirmed available source and its location.
3. Fax reference service
Reference questions may be received by fax 24 hours a day, 7 days a week. Questions are worked on at the reference desk in between in-person and telephone queries. If a question is not completed during a given desk shift, the librarian who began to work on it either 1) completes it themselves during a subsequent off-desk hour, or 2) asks a colleague on the next shift to complete the question. No more than 10 pages may be faxed in response. Faxed questions receive a response within 24 hours.
4. E-mail reference service
The Technology Librarian monitors incoming email reference questions. S/he either responds to questions or assigns it to a librarian for a response. Responses are made no later than three days after receipt. If a timely reply is important, patrons should be encouraged to call or visit the library.
5. Mail reference service
Reference questions received by mail are referred to the self-directed work team leader. S/he will either respond to the patron or assign it to a librarian for a response. Responses are made no later than three days after receipt. If a timely reply is important, patrons should be encouraged to call or visit the library.
6. Online reference service
The library participates in a collaborative reference service in order to respond to patrons requests for information online. Currently, this service is available 24 hours a day, 7 days a week. Librarians staff a virtual reference desk several hours per week in conjunction with other California libraries to ensure 24-hour availability.
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Supervision of Children in the Library
Effective July 24, 1995
The Library encourages and promotes family use of the Library and its resources. However, in order for children to have a positive and safe experience at the Library, children should be supervised by their parents or other accompanying adults while in the Library building. Library staff strongly recommend that children, under eight years of age, not be left unsupervised in the Library.
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City of Sunnyvale Wireless Network Acceptable Use Policy
Effective September 10, 2007
In order to provide the users with free lnternet access, the City of Sunnyvale has adopted an Acceptable Use Policy (AUP) for the Sunnyvale Library Wireless network. Please read this policy prior to accessing the Sunnyvale Library Wireless network. The word "user" refers to any person, entity or business that accesses the Sunnyvale Library Wireless network. By using the service the user agrees to the terms of this AUP.
Applies to: Users of the Sunnyvale Library Wireless network in and around Sunnyvale, California.
Summary: The City of Sunnyvale through Sunnyvale Library Wireless provides a public wireless network for the purpose of enabling users to access the lnternet. Use of the Sunnyvale Library Wireless network is governed by all applicable local, state, and federal laws, and this wireless network AUP, and is subject to the "Sunnyvale Library Wireless Disclaimer of Warranties, Limitation of Liability and Indemnification". The City of Sunnyvale offers the Sunnyvale Library Wireless network as a free service and does not provide technical support for users. For instructions on how to connect to the network, please refer to the document, "Guidelines to Access the Sunnyvale Library Wireless Network".
Contacts: Sunnyvale Library Wireless does not provide technical support. Information regarding network access can be found in the document, "Guidelines to Access the Sunnyvale Library Wireless Network".
Authority: The City of Sunnyvale reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong in compliance with applicable laws and regulations. Such cooperation may include, but shall not be limited to, providing account or user information or email as well as the monitoring of the Sunnyvale Library Wireless network in compliance with applicable law. The City of Sunnyvale through Sunnyvale Library Wireless does not guarantee any level of quality of service and may restrict access to the network, limit the bandwidth available to any user or group of users and restrict usage time at any time.
Privileges of Network Users: The primary purpose of the Sunnyvale Library Wireless network is to provide a convenient wireless means of lnternet access for the user. Sunnyvale Library Wireless users will be granted non-exclusive limited access to this wireless network in the designated areas as technology and network capacities allow and as restricted by this AUP. Users may not resell the service or provide the service to third parties in exchange for any form of compensation.
Responsibilities of Network Users:
Users are responsible for ensuring they have the appropriate compliant wireless card (802.1 1) and are running up-to-date anti-virus software on their wireless device.
Users must respect all copyrights. Commercial software licensed to Sunnyvale Library Wireless may only be installed on devices expressly covered by the licenses. The downloading or sharing of copyrighted materials in violation of law is strictly prohibited.
The running of programs by a single user, or group of users, that may substantially degrade network performance or accessibility will not be allowed. Electronic chain letters, unsolicited messages or materials, bulk email, or other forms of solicitation ("spamming"), mail bombs, and excessive recreational use of the network are prohibited. Any action which promotes or furthers pornographic or inappropriate usage is prohibited including use to further any illegal purposes. Connecting to "Peer to Peer" file sharing networks or downloading large files, such as CD IS0 images, is also not allowed.
Wireless Internet access is inherently not secure, and users should adopt appropriate security measures when using the Sunnyvale Library Wireless network. Users must be aware that as they connect their devices through the wireless network they expose their devices to: worms, viruses, trojan horses, denial-of-service attacks, intrusions, packet-sniffing and other abuses by third-parties. Sunnyvale Library Wireless highly discourages the conducting of confidential transactions (such as online banking or credit card usage) over any wireless network, including this one. Users are responsible for providing security measures that are suited for the User's intended use of the Sunnyvale Library Wireless network. Users shall take full responsibility for taking adequate measures to safeguard data from loss.
Users are responsible for all devices they connect through the Sunnyvale Wireless network.
Users are responsible for securing their own wireless equipped devices prior to making connections to the Sunnyvale Library Wireless network.
Please know that wireless technology is a shared resource, therefore, speeds will be directly affected by the number of simultaneous users.
Users will not use Sunnyvale Library Wireless to violate any applicable federal, state, local or international laws. Some examples include but are not limited to:
User will not transmit any material that threatens or encourages bodily harm or destruction of property or which harasses, abuses, defames or invades the privacy of any other person or entity.
User will not use the Sunnyvale Library Wireless network to commit any crime, act of terrorism, or fraud, or to plan, encourage or help others to commit any crime or fraud, including, but not limited to, acts of terrorism, engaging in a pyramid or ponzi scheme, or sending chain letters.
User will not use the Sunnyvale Library Wireless network to send or receive any information which infringes the patents, trademarks, copyrights, trade secrets or proprietary rights of others.
User will not use the Sunnyvale Library Wireless network to send pornographic, obscene or profane materials.
User will not disrupt the Sunnyvale Library Wireless network. Examples include but not limited to: User will not access the accounts of others or attempt to penetrate the security measures of the Sunnyvale Library Wireless network or other computer systems ("hacking") or to cause a disruption of the Sunnyvale Library Wireless network's availability to other online users. User will not use tools designed for compromising network security, such as password-guessing programs, cracking tools, packet sniffers or network probing tools.
Limitations of Wireless Network Access:
The user hereby agrees to be bound by the terms of the "Sunnyvale Library Wireless Disclaimer of Warranties, Limitation of Liability and Indemnification"
The City of Sunnyvale is in no way liable for any damage, undesired resource usage or detrimental effects that may occur to the user's device and software while the user has his/her device connected to the Sunnyvale Library Wireless network.
The user is responsible for any actions taken from his/her device, whether intentional or unintentional, that causes damages or otherwise affects other devices or users of the Sunnyvale Library Wireless network.
The user hereby releases the City of Sunnyvale from liability for any loss, damage, security infringement or injury which the user may sustain as a result of being allowed access to the Sunnyvale Library Wireless network. The user agrees to be solely responsible for any such loss, infringement, damage, or injury.
Violations and Sanctions:
Reporting Violations: Any knowledge or evidence of violations of this AUP should be reported to Sunnyvale Library webmaster: library@ci.sunnyvale.ca.us
Penalties: Users who violate this AUP may be subject to the range of sanctions including, but not limited to, termination of network privileges. The City of Sunnyvale through Sunnyvale Library Wireless has the authority to temporarily revoke network access or take other appropriate action in order to maintain network security and reliability.
Revisions/Termination: The City of Sunnyvale reserves the right to revise or terminate the Sunnyvale Library Wireless network and this AUP at any time, for any reason, and without notice, including the right to terminate with or without notice, without liability to any user, any user or any third party. Usage of the Sunnyvale Library Wireless network indicates that you understand and agree to the terms and conditions listed herein and to any revisions.
SUNNYVALE LIBRARY WIRELESS DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNIFICATION
SECURITY WARNING AND DISCLAIMER
WARNING: The Sunnyvale Library Wireless is an open network provided by the City of Sunnyvale for your convenience, and you use it at your own risk. It is available to the general public, and is NOT INHERENTLY SECURE. The Sunnyvale Library Wireless cannot and does not guarantee the privacy of your data and communication while using the service.
There are potentially serious security issues with any computer connected to the Internet without the appropriate protection, ranging from viruses, worms and other programs that can damage the user's computer, to attacks on the computer by unauthorized or unwanted third parties. By using the Sunnyvale Library Wireless, you acknowledge and knowingly accept the potentially serious risks of accessing the Internet over an unsecured network. It is recommended that users take steps to protect their own computer system, such as installing current anti-virus software and maintaining appropriate firewall protection. For further information on how to protect you on this open network, consult a security professional.
By using this Sunnyvale Library Wireless, you acknowledge and agree that YOUR USE OF THIS SERVICE IS SOLELY AT YOUR OWN RISK. By using the Sunnyvale Library Wireless, you also agree to all terms set forth in the following Disclaimer of Warranties, Limitation of Liability and Indemnification and the Sunnyvale Library Wireless Network Acceptable Use Policy (AUP).
DISCLAIMER OF WARRANTIES
The City of Sunnyvale disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in or accessible through the Sunnyvale Library Wireless network. The City of Sunnyvale disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. The City of Sunnyvale disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Sunnyvale Library Wireless service.
THE SUNNYVALE LIBRARY WIRELESS SERVICE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE SUNNYVALE LIBRARY WIRELESS SERVICE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. THE ClTY OF SUNNYVALE, ITS SUPPLIERS AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THE CITY OF SUNNYVALE, ITS SUPPLIERS AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SUNNYVALE LIBRARY WIRELESS SERVICE. THE ClTY OF SUNNYVALE, ITS SUPPLIERS AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SUNNYVALE LIBRARY WIRELESS SERVICE. THE ClTY OF SUNNYVALE, ITS SUPPLIERS AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SUNNYVALE WIRELESS SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SUNNYVALE LIBRARY WIRELESS SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE SUNNYVALE WIRELESS SERVICE.
YOU UNDERSTAND AND AGREE THAT (A) THE SUNNYVALE LIBRARY WIRELESS SERVICE WlLL NOT BE UNINTERRUPTED OR ERROR-FREE, (B) THERE IS NO WARRANTY OR GUARANTEE THAT THE SUNNYVALE WIRELESS SERVICE WlLL OPERATE AT ANY MINIMUM DATA TRANSFER SPEED, (C)THE ClTY OF SUNNYVALE HAS NO CONTROL OVER THIRD PARTY NETWORKS OR SITES YOU MAY ACCESS IN THE COURSE OF YOUR USE OF THE SUNNYVALE LIBRARY WlRELESS SERVICE, AND (D) YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SUNNYVALE LIBRARY WIRELESS SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WlLL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE CITY OF SUNNYVALE, ITS SUPPLIERS OR ITS LICENSORS BE LIABLE TO YOU, ANY USER, OR ANY THIRD PARTY ON ACCOUNT OF YOUR OR THAT PARTY'S USE OR MISUSE OF OR RELIANCE ON THE SUNNYVALE LIBRARY WIRELESS SERVICE ARISING FROM ANY CLAIM RELATING TO THE SUBJECT MATTER HEREOF. SUCH LlMlTATlON OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF THE ClTY OF SUNNYVALE, ITS SUPPLIERS OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SUNNYVALE LIBRARY WIRELESS SERVICE, FROM INABILITY TO USE THE SUNNYVALE LIBRARY WIRELESS SERVICE, OR FROM THE INTERRUPTION. SUSPENSION, OR TERMINATION OF THE SUNNYVALE LIBRARY WIRELESS SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SUNNYVALE LIBRARY WIRELESS SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SUNNYVALE WIRELESS SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SUNNYVALE LIBRARY WIRELESS SERVICE. THIS LlMlTATlON SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WlTH RESPECT TO THE PERFORMANCE OR NONPERFORMANCE OF THE SUNNYVALE LIBRARY WIRELESS SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SUNNYVALE LIBRARY WIRELESS SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITED BY LAW.
WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL THE ClTY OF SUNNYVALE, ITS SUPPLIERS OR ITS LICENSORS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES,TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
INDEMNIFICATION
YOU AGREE TO HOLD HARMLESS AND INDEMNIFY THE CITY OF SUNNYVALE, ITS SUPPLIERS AND LICENSORS FROM AND AGAINST ANY THIRD PARTY CLAIM ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE SUNNYVALE LIBRARY WIRELESS SERVICE, INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ALL CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEYS' FEES, OF EVERY KIND AND NATURE. IN SUCH A CASE, THE ClTY OF SUNNYVALE WlLL PROVIDE YOU WlTH WRITTEN NOTICE OF SUCH CLAIM. SUIT OR ACTION. UNDER NO CIRCUMSTANCES SHALLTHE CITY OF SUNNYVALE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM YOUR USE OF OR INABILITY TO USE THE SUNNYVALE LIBRARY WIRELESS SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SUNNYVALE LIBRARY WIRELESS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE CITY OF SUNNYVALE, INCLUDING ITS AFFILIATES, AGENTS, AND CONTRACTORS, FROM ANY CLAIM, LIABILITY, LOSS, DAMAGE, COST, OR EXPENSE (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND COSTS) ARISING OUT OF OR RELATED TO YOUR USE OF THE SUNNYVALE LIBRARY WIRELESS, ANY MATERIALS DOWNLOADED OR UPLOADED THROUGH THE SUNNYVALE LIBRARY WIRELESS, ANY ACTIONS TAKEN BY YOU IN CONNECTION WlTH YOUR USE OF THE SUNNYVALE LIBRARY WIRELESS, ANY VIOLATION OF ANY THIRD PARTY'S RIGHTS OR ANY VIOLATION OF LAW OR REGULATION, OR ANY BREACH OFTHE FOREGOING.
THE FOREGOING WlLL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WlTH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT GIVING EFFECT TO ITS CONFLICT OF LAWS PROVISION. IF FOR ANY REASON A COURT OF COMPETENT JURISDICTION FINDS ANY PROVISION OR PORTION OFTHE FOREGOING TO BE UNENFORCEABLE, THE REMAINDER OF THE FOREGOING WlLL CONTINUE IN FULL FORCE AND EFFECT.
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