BC Summer Reading Club (BC SRC) Terms of Use
Effective Date: May 8, 2022
Please read these Terms of Use before using the Site (bcsrc.ca) and Services (online registration site, reading tracking application, order forms, activity pages, the submission of content from users, and the publication of curated content). They are the rules and requirements that apply to the Services. Do not register for an account or use the services if you are not in agreement with these terms.
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- Acceptance of Terms of Use By accessing or using the Site (bcsrc.ca) or Services of the BC Library Association’s BC Summer Reading Club (collectively, “we,” “our,” or “us”), the person accessing or using the Site or the Services (“you” or “your”) agrees to be bound by all terms, conditions and notices contained or referenced in the Terms of Use and Privacy Policy. The Terms of Use and Privacy Policy relate specifically to this Site only and do not apply to websites operated by funders, partners and associates of the BC SRC, some of which may have their own terms of use and privacy policies. When you use the Services or send e-mails to BC SRC, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. The BC SRC may, at any time and without notice, modify these Terms of Use by revising them on the Site. Your continued use of the Site indicates your acceptance of the revised terms. If you do not agree to the terms of this or any revised policy, please exit the Site and stop using the Services immediately.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE AND THAT YOU USE THIS SITE AND ANY CONTENT YOU CHOOSE TO DOWNLOAD AT YOUR SOLE RISK. BC SRC DOES NOT IN ANY WAY WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. BC SRC, INCLUDING EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, CONSULTANTS, FUNDERS, PARTNERS, CONTRACTORS OR LICENSORS, MAKES NO WARRANTY THAT THE CONTENT OF THE SITE OR ANY SERVICE OR MERCHANDISE PROVIDED THROUGH IT, IS ACCURATE, RELIABLE, ADEQUATE OR CORRECT; THAT THE SITE OR ANY LINKED SITE, WILL BE RELIABLE, AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE SITE. BC SRC DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE SECURITY OF YOUR PERSONAL INFORMATION. - Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL BC SRC, INCLUDING ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, CONSULTANTS, FUNDERS, PARTNERS, CONTRACTORS OR LICENSORS, BE LIABLE FOR ANY DAMAGES IN LAW OR IN EQUITY, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM INFORMATION PROVIDED ON THE SITE OR FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, AND THE RISK OF ANY INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS INCLUDING ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN THOSE JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. - Link to Third Parties The BC SRC Site may contain links to and from sites operated by third parties or embedded content from such sites operated by third parties (collectively, “Third Party Services”). These are provided as an enhancement for our visitors and we are not responsible for any third party content or the contents of any linked site or subsequent links from that site. You access them at your own risk. Without limiting the foregoing, BC SRC specifically disclaims any responsibility if such Third Party Services: infringe any third party’s intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory. Our Privacy Policy is only applicable when you are on our Site, except that it does not apply to content from Third Party Services embedded in our Site. BC SRC does not endorse the content, or any products or services available, through such Third Party Services.
- Intellectual Property The information and materials on the Site are provided for educational and enjoyment purposes. You may access and use the Services solely for the purpose of using and enjoying the benefits of the Services as provided by BC SRC. You acknowledge that all content and materials available on this Site, are the sole property of BC SRC or its licensors and content suppliers. All content and materials are protected by national and international copyright laws. You may not use, display, reproduce, create derivative works from, perform, or distribute the text, graphics, downloads, tools or any other content made available to you by or through the Services for any other purpose. The Services may offer interactive features that allow users to submit content to the Services (the “User Content”). By submitting User Content, you grant us a worldwide, unrestricted, non-exclusive, sub-licensable, irrevocable, royalty-free license to use, display, reproduce, create derivative works from, distribute, and perform the User Content, and you waive any moral rights you may have in and to the User Content. You hereby warrant and represent that you have all rights in and to the User Content necessary to grant to BC SRC the license set out in this Agreement. You further warrant and represent that the User Content does not infringe the intellectual property rights of any third parties. Any User Content is uploaded at your own risk, and BC SRC does not provide any warranty or representation whatsoever in respect of the security or use of such User Content. We explicitly reserve the right to publish and/or edit any submission should we determine the submission or elements of the submission to be unacceptable to the BC SRC. Any Personal Information (e.g., your name and e-mail) transmitted to the Services by you during registration, by email, or otherwise, will be used by the BC SRC in accordance with the Privacy Policy. Any other communication or material you transmit to the Services, such as questions, comments, submissions, suggestions or the like, will be treated as non-confidential and non-proprietary. Unless otherwise indicated, all logos, names, designs, and marks on the Site are trademarks or service marks of, or used under licence by, the BC SRC. You may not use any such logos, names, designs, or other marks for any reason whatsoever. BC SRC, our licensors, and associates retain exclusive ownership of all data, material, and other information regarding your use of the Site.
- Lawful Use You agree to use the Site or its Content for lawful purposes and only as expressly permitted in these Terms of Use and for no other purpose. Except where otherwise noted, you may download, print or view individual pages for non-commercial use only, provided you do not delete or change any of the information, including copyright or trademark notices. Except as otherwise permitted herein and as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the Content or materials on the Site or otherwise in any way exploit any of the Content of the Site, in whole or in part or violate or infringe in any way upon the rights of others, or do or cause to be done anything which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or that which encourages conduct that would constitute a criminal offence, gives rise to civil liability or otherwise violate any law, or which, without BC SRC’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by you that in our discretion restricts or inhibits any other user from using or enjoying the Site is strictly prohibited.
- Indemnification You agree to indemnify, defend, and hold harmless BC SRC, its officers, directors, employees, funders, partners, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use or any activity related to your account (including negligent or wrongful conduct), any unauthorized or illegal User Content you provide to BC SRC, or any violation of the rights of any third party, including in particular intellectual property rights.
- Security Precautions The services and information provided are protected using industry standard security precautions. It is up to you to fully understand the risks and threats of using the public Internet, and to be sufficiently aware of those risks to adequately protect your confidential information. BC SRC provides information regarding security and privacy in our Privacy Policy. This document is provided as a guideline only, and it is up to the user to remain current and exercise care when using the Internet. You should seek professional advice on protecting your privacy and evaluating the security of the information systems you are using.
- Choice of Law These Terms of Use and your use of the Services shall be construed in accordance with the laws of the Province of British Columbia, and the federal laws of Canada applicable therein, without regard to its conflict of laws rules. You expressly agree that any claim or action arising out of or relating to these Terms of Use or your use of the Site shall be filed only in the courts of the Province of British Columbia or the Federal Court of Canada, if applicable, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
- Unauthorized Use and Termination You agree to use the Site only for authorized and legal activities. BC SRC reserves the right, in our sole discretion, to terminate your access to all or part of the Site, with or without notice and for any reason whatsoever.
- Privacy and Disclosure You have read and accept the terms of our Privacy Policy.