Website Terms of Use

OWNER

The loveofreading.org website (the “Site”) is owned and operated by the Indigo Love of Reading Foundation (“LoR”), a registered charity that was established by Indigo Books & Music Inc. in 2004 to address the underfunding of Canadian public elementary schools and the resulting literary crisis.

CONDITIONS

By accessing or using the Site, you acknowledge that you have read and understand these Terms, including our Privacy Policy, and you 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 at any time, and by using this site you also agree to be bound by and comply with these modifications. Throughout these Terms, references to Indigo or LoR shall include its parent, affiliates, subsidiary and related companies. These Terms were last updated: January 29, 2015.

MONITORING

Indigo and LoR wants to ensure the website is a friendly and safe environment for school kids, 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 website.

While the website 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 instructions under USER MISCONDUCT below.

We are not responsible for material submitted or posted to the Site, including materials posted on any discussion boards or other public areas ("Public Areas"). You acknowledge that Indigo may or may not pre-screen materials, and Indigo or 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. Indigo reserves the right to disclose information as provided in our Privacy Statement.

SITE USER CONDUCT

You shall not upload, transmit, distribute or otherwise publish through this site any content that:

a) 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 Indigo, is objectionable, or which restricts or inhibits any other person from using or enjoying the Website, or which may expose Indigo or its users to any harm or liability of any type;
b) 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. Even if it is about your friend, you cannot post it;
c) infringes any intellectual property right or any other rights of any entity or person, including but not limited to or copyrights or trademarks;
d) violates any law;
e) advocates illegal activity;
f) advertises or otherwise solicits for goods or services beyond the two fundraising initiatives described on this website;
g) contains a virus or other harmful component; and
h) is not consistent with Indigo’s brand image, as solely determined by Indigo.

USER MISCONDUCT - INAPPROPRIATE CONTENT, COPYRIGHT INFRINGEMENT, ETC

As set out above, Indigo prohibits the posting of any information or materials that violates our USER CONDUCT policy above. It is our policy to investigate and respond to claims of misconduct including intellectual property infringement. Upon receipt of any notice alleging misconduct or infringement, Indigo 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, OntarioM5V 1L8
email: [email protected],

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.

USE OF MATERIALS

Unless otherwise indicated, all content appearing on this site is the property of The Foundation, 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 website without written permission from Indigo. Misuse of these names or of any of the information appearing on this site may violate copyright and trademark law. If you access this material outside Canada you are responsible for compliance with local laws.

LIMITATION OF LIABILITY

Indigo: (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 Indigo 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.

LICENSE FOR SUBMITTED CONTENT

You agree that by posting content, sending emails, inputting data, answering questions, uploading data or files or otherwise communicating with Indigo, you are granting to Indigo a non-exclusive, worldwide, royalty-free, unrestricted license to use, display, adapt, modify and reproduce these materials as Indigo sees fit and you shall have no claims against Indigo for using these materials. You represent and warrant that you have all the necessary rights in and to any material you submit and the material does not infringe or violate the rights of any third-party.

INDEMNITY

You agree to defend, indemnify, and hold Indigo harmless from any and all claims, liabilities, 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 content on this site by you.

LINKS TO THIRD PARTY WEBSITES

This site may contain links to websites that are run and maintained by third-parties. LoR 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. These Terms of Use apply solely to Indigo’s websites and you should always review the terms and conditions of any site that you access through a link from this or any other Indigo website.

INTELLECTUAL PROPERTY RIGHTS

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

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 reference to conflict of laws provisions.

TERM AND TERMINATION

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

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 Indigo when registering and sent to you by email or by nationally recognized overnight courier as applicable. Any notice or other significant communication given to Indigo pursuant to this Agreement shall be in writing and sent to Indigo. Notices shall be deemed to have been received as follows:

Delivered Deemed to Have Been Received

Fax On the business day following a confirmed transmission

Nationally recognized overnight courier on the business day following deposit with the courier

SEVERABILITY/ENTIRE AGREEMENT/ASSIGNMENT/WAIVER

If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. These Terms, together with the Privacy Policy, any Nomination rules, 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”). 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.