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WEBSITE TERMS OF USE

The loveofreading.org website and its contents (the “Site”) is owned and operated by the Indigo Love of Reading Foundation (“LoR”).

  1. CONDITIONS

By accessing or using the Site, you acknowledge that you have read and understand these Terms of Use, including our Privacy Policy, and agree to be bound by them. If you do not agree with these Terms of Use in their entirety, please do not use the Site. LoR reserves the right, at its own discretion, to update and modify these Terms of Use at any time, and by using this Site you also agree to be bound by and comply with these modifications. These Terms of Use were last updated: January 9, 2019.

  1. Privacy Policy

We respect concerns about the privacy of your personal information.  Please review our Privacy Policy for how we collect, use, disclose and manage your personal information.

  1. Monitoring

LoR wants to ensure the Site is a friendly and safe environment for school children, their families and friends and visitors at large who care about literacy in Canada. The Site is monitored, but not constantly, for inappropriate comments and usernames, as well as to respond to any questions or requests that may come through the Site.

While the Site is monitored, you may still encounter content which may be offensive or objectionable to you. If you think content, including a comment posted on a discussion board, is objectionable or offensive, please let us know by following the notice instructions under Section 6 below.

We are not responsible for material submitted or posted to the Site, including materials posted on any discussion boards or other public areas. You acknowledge that LoR may or may not pre-screen materials, and its designees have the right, in their sole discretion and without notice, to refuse, or remove any content or comment that violates these Terms of Use or is otherwise objectionable. LoR reserves the right to disclose information as provided in our Privacy Policy.

  1. General Restrictions
  • You may use this Site for your own personal, non-commercial information or entertainment purposes only.
  • You may not copy, reproduce, reuse, retransmit, adapt, publish, frame, post, upload, modify, broadcast or distribute any Content in any way, including for any public or commercial purpose whatsoever, without our prior written permission.
  • You may not use any third parties’ likeness, names, and/or properties without their express permission.
  • You may not send any material to the Site that is unlawful, harmful (including any virus), threatening, libellous, defamatory, obscene, scandalous, inflammatory, indecent or profane or that could constitute or encourage a violation of any law.
  • LoR may review, edit or delete materials you or others send to the Site, but are not obligated to do so.
  • LoR may cancel any account(s) on this Site at any time, without notice or liability, for any reason, including but not limited to, if technical, irregularities or misuse occurs.
  1. Site User Conduct

All information, text, images, audio, video, designs, names, logo, trademarks, data, or other information, material or content submitted by a user, whether publicly or privately posted, emailed, transmitted, uploaded or otherwise submitted to LoR via this Site or one of LoR’s social media channels (“Submitted Content”) is the sole responsibility of the person from which Submitted Content originated and any such posts, email, transmission, uploading or other submission of such Submitted Content, is subject to the provisions in these Terms of Use.   You also acknowledge and agree that you are entirely responsible for all Submitted Content that you post, email, transmit, upload or otherwise submit via this Site and/or pursuant to the services we make available via this Site (the “Services”), including without limitation, the accuracy of such Submitted Content.  We do not control the Submitted Content posted via the Site and, as such do not guarantee the accuracy, integrity, or quality of such Submitted Content.  Under no circumstances will LoR be liable in any way for any loss, damage, or injury related to, or arising as a result of any content (including Submitted Content), including but not limited too, any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of any Submitted Content posted, emailed, transmitted, uploaded or otherwise submitted.

You agree not to post, email, transmit, upload or otherwise submit any Submitted Content that:

  1. may be harmful, threatening, defamatory, abusive, inflammatory, harassing, bullying, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable and that, in the sole judgment of LoR, is objectionable, or which restricts or inhibits any other person from using or enjoying the Site, or which may expose LoR or its users to any harm or liability of any type;
  2. could be harmful to minors;
  3. contains your or anyone else’s personal or private information, including, without limitation, full names, full addresses, phone numbers, email addresses, social insurance numbers and credit card numbers;
  4. infringes any intellectual property right or any other rights of any entity or person, including but not limited to copyrights or trademarks;
  5. violates any law;
  6. promotes information that is false, misleading, or advocates illegal activity;
  7. solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  8. advertises or otherwise solicits for goods or services beyond the fundraising initiatives described on this Site;
  9. contains a virus or other harmful component;
  10. Involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”; and
  11. is not consistent with LoR’s brand image, as solely determined by LoR.

LoR shall have the right to remove any Submitted Content that violates these Terms of Use or is otherwise objectionable, in LoR’s sole discretion.

  1. User Misconduct – Inappropriate Content, Copyright Infringement, Etc.

As set out above, LoR prohibits the posting of any information or materials that violates the user conduct noted above. It is LoR’s policy to investigate and respond to claims of misconduct including intellectual property infringement. Upon receipt of any notice alleging misconduct or infringement, LoR will act expeditiously to remove or disable access to any material claimed to be inappropriate or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to such material.

Any notices should be directed to:

Privacy Office, Indigo Love of Reading Foundation
468 King Street West, Suite 500
Toronto, Ontario M5V 1L8
email: loveofreading@indigo.ca

Please put “User Misconduct” in the subject line of all such notifications and include in each such notice a reasonable description of the materials alleged to be infringing and the proprietary rights alleged to be infringed. You can also flag a comment as inappropriate. Doing so will expedite review by an administrator, who may choose to do nothing, edit, or remove the comment entirely.

  1. Use of Materials

Unless otherwise indicated, all content appearing on this Site is the property of LoR, their respective parent(s), subsidiaries or affiliates and is protected, without limitation, by Canadian and foreign copyright and trademark laws. The information and materials, including text, images, audio, video, computer code and software, appearing on this Site are presented for your non-commercial, personal use only. Copying these materials for anything other than your personal use is a violation of copyright and trademark laws. You may not reproduce, duplicate, distribute or modify in any way any materials available on this Site without prior written permission from LoR. Misuse of any of the information appearing on this Site may violate copyright and trademark law.

  1. Donations

We are committed to following all rules and regulations regarding tax receipting set out by the Canadian tax authority, the Canada Revenue Agency.  Your donation is appreciated.  All donations are non-transferable and LoR will determine, in its sole and absolute discretion whether to honour any request for a refund.

  1. Limitation of Liability

LoR: (1) WILL NOT BE HELD LIABLE, UNDER ANY CIRCUMSTANCE, FOR YOUR USE OF THIS SITE AND MAKE NO CONDITIONS, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE INFORMATION AND MATERIALS APPEARING ON THE SITE, WHICH IS PROVIDED “AS IS;” (2) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (3) DO NOT MAKE ANY REPRESENTATIONS THAT THIS SITE OR ITS CONTENTS WILL BE ERROR FREE OR THAT DEFECTS WILL BE CORRECTED. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL LoR AND AFFILIATES BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR FOR ANY MATERIALS CONTAINED HEREIN, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  1. License for Submitted Content

You agree that by posting Submited Content, sending emails, inputting data, answering questions, uploading data or files or otherwise communicating with LoR, you are granting to LoR and its designees, a worldwide, perpetual, irrevocable, non-exclusive, fully-paid up and royalty-free, unrestricted license to use, sell, display, adapt, modify, prepare derivative works, combine with other works, alter, translate,  distribute copies, perform, publish, license, sub-license and reproduce the Submitted Content and LoR shall be entitled to the unrestricted use and dissemination of the Submitted Content for any purpose, commercial or otherwise, without acknowledgment or compensation to you, and you hereby release LoR, its agents and employees from any claims that such use violates any of your rights.

You represent and warrant that your Submitted Content is not subject to any confidentiality obligations or third party intellectual property encumbrances and that you own and control all of the rights and have the authority to grant these rights to LoR.

LoR shall own exclusive rights, including all intellectual property rights, to any work it creates or has created from the Submitted Content.

  1. Indemnity

By using this Site, you agree to indemnify, defend and hold harmless LoR, its affiliates, subsidiaries and designees, and each of their respective directors, officers, shareholders, employees and agents on an after-tax basis from and against any and all losses, investigations or inquiries, claims, suits, liabilities, demands, damages, costs and expenses, including reasonable attorneys’ fees, related to any violation of these Terms of Use by you or arising out of your use of this Site, including but not limited to the posting or transmission of any Submitted Content on this Site by you.

  1. Links to Third Party Websites

This Site may contain links to websites that are run and maintained by third-parties. LoR does not control, recommend or endorse and is not responsible, nor shall it be held liable for, the content, services or products provided on these websites, nor for the practices of any third party. Downloading material from certain sites may risk infringing intellectual property rights or introducing viruses into your system.  These Terms of Use apply solely to LoR’s Site and you should always review the terms and conditions of any site that you access through a link.

  1. Intellectual Property Rights

Except as expressly provided, you are not granted any rights in or to the content available on the Site. All such rights remain with LoR (including its representatives and suppliers) and the copyright owners. LOVE OF READING, INDIGO LOVE OF READING FUND and INDIGO LOVE OF READING FOUNDATION are registered trademarks of Indigo Books & Music Inc. All other trademarks that appear throughout this Site belong to Indigo Books & Music Inc. or the respective owners of such trademarks, and are protected by law. Any use of any of these trademarks without the express prior written consent of LoR or the owner of the trademark, as appropriate, is strictly prohibited.

  1. Governing Law

These Terms of Use will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to its conflict of laws rules.

  1. Term and Termination

This Agreement shall continue in effect for as long as you use the Site, unless specifically terminated earlier by LoR. All provisions of this Agreement that impose obligations continuing in their nature shall survive termination or expiration of this Agreement.

  1. Notices

Any notice or other significant communication given to you pursuant to this Agreement shall be in writing, addressed to any email address or address that you provided to LoR when registering and sent to you by email or by nationally recognized overnight courier as applicable. Any notice or other significant communication given to LoR pursuant to this Agreement shall be in writing and sent to LoR.

  1. Severability/Entire Agreement/Assignment/Waiver

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use, together with the Privacy Policy, and any additional terms that may be posted from time to time, is the entire agreement between you and LoR relating to the subject matter herein (the “Agreement”). LoR may assign its rights and obligations under this Agreement.  This Agreement will inure to the benefit of LoR’s successors, assigns and licensees.  The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under this Agreement, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and will remain in full force and effect.