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THIS AGREEMENT CONTAINS IMPORTANT INFORMATION ABOUT YOUR OBLIGATIONS REGARDING CONFIDENTIALITY
AND OTHER IMPORTANT ISSUES. PLEASE READ.
CataList Terms Of Service Agreement (End User License Agreement) AS AT February
1, 2011 ('Effective Date')
the user is an employee of a company which has a signed agreement with BookNet Canada
to access this service and the user is familiar with, and agrees to be bound by,
the terms therein; OR
These following standard terms apply:
TERMS OF SERVICE
BookNet Canada ('BNC') agrees to make available these catalogue services to the
end user ('you', 'your'), subject to the terms of service set out in this agreement
('TOS'). In addition, when using particular services, you are subject to any posted
rules applicable to such services, which may be posted from time to time at www.bnccatalist.ca.
In order to use the Service (defined below), you must first agree to the TOS. You
can accept the TOS by:
clicking to accept or agree to the TOS, where this option is made available to you
by BNC in the user interface for the Service; or
by actually using the Services, in which case, you acknowledge and agree that BNC
will treat your use of the Service as acceptance of the TOS from that point onwards.
DESCRIPTION OF SERVICE
The service ("Service") is an online catalogue system maintained by catalogue creators,
enhanced with interactive features.
Unless explicitly stated otherwise, any new features or content that augment or
enhance the current Service, shall be subject to the TOS.
You understand and agree that while BNC will take commercially reasonable steps,
commensurate with its resources and mandate, to provide error free data, the selection
of Content (defined below) and its presentation in catalogues is at the sole discretion
of the catalogue creators using the Service. Neither BNC nor its suppliers assume
responsibility for the accuracy of the Content, or for the timeliness, mis-delivery
or non-delivery of same, or any failure to store or accurately store, any user communications,
addresses or personalization settings. For the purposes of this agreement, "suppliers"
means any provider of services to BNC, including catalogue creators, for use in
The following applies to your use of the content and data (the "Content") provided
to you as part of the Service. Except as authorized by BNC, you shall not:
disclose, sell, rent, lease, distribute, re-license, republish or otherwise transfer,
give or sell the Content;
modify the Content or create any derived works based on the Content; or
attempt to view or access Content which you have not been explicitly granted permission
to view by BNC.
REGISTRATION FOR CUSTOM CATALOGUES
Certain catalogues provided as part of the Service are private. You may be invited
by a catalogue creator to access these catalogues. To gain such access, you will
be required to register and create an account to access this part of the Service.
Sections 4(a) to (f) apply to your use of the Service as a registered user, in addition
to the rest of these TOS:
You agree to:
provide true, accurate, current and complete information about yourself during the
registration process and
promptly update the information in your account profile to keep it true, accurate,
current and complete. If you provide any information that is untrue, inaccurate,
not current or incomplete, or BNC or its suppliers have reasonable grounds to suspect
this, BNC or its suppliers have the right to suspend or terminate your account and
refuse any and all current or future use of the Service (or any portion thereof),
including any transition rights. BNC will keep confidential any personal information
that you provide as part of the registration process and will only disclose such
information to other users of the Service or other third parties, if authorized
by you. BNC will use the personal information provided for the purposes of administering
your use of, and providing you with access to, the Service. For more information
about how BNC protects your personal information, see http://www.bnccatalist.ca/privacy.aspx.
CONFIDENTIALITY OF CUSTOM CATALOGUES
You agree to maintain the confidentiality of any confidential data ("Confidential
Data") provided to you through the Service, and not to disclose, sell, rent, lease,
license, republish or otherwise transfer or give same to any third parties. You
acknowledge that any unauthorized distribution, disclosure, or use of the Confidential
Data, by you or anyone accessing the Confidential Data through you, will cause irreparable
harm to BNC, its suppliers and/or those organizations providing BNC with data for
the Service ('Data Sharing Participants') for which damages may not be adequate
compensation and you therefore agree that in addition to any other remedies BNC
or an affected Data Sharing Participants may have against you, BNC or any affected
Data Sharing Participant, is immediately entitled to equitable relief, including
an injunction, in order to stop any breach, continuing breach, or threatened breach
of this Agreement.
If you have subscribed to the BNC SalesData Service ("SalesData"), you may receive
access to content from SalesData via this Service. In all cases, your access to
and use of any SalesData content is governed by either your SalesData End User License
Agreement ("EULA") or your SalesData Agreement in addition to these TOS. In the
event of a conflict between these TOS and the SalesData EULA or SalesData Agreement,
the latter will prevail.
USER ACCOUNT, PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality of your password, and for
all activities that occur under your password or account. You agree to (a) immediately
notify BNC of any unauthorized use of your password or account or any other breach
of security, and (if applicable); and (b) exit from your account at the end of each
session. You agree to hold BNC, and its suppliers harmless from any damage you or
anyone else suffers arising from your failure to comply with this Section 4.(d).
If the end user is a sole proprietorship with employees, or a corporation with employees,
then you, as end user, are responsible for the actions of your employees or partners
as the case may be.
TERMINATION AND SUSPENSION
You agree that BNC, in its sole discretion, may (or may instruct its suppliers to),
suspend or terminate your password, account (or any part thereof) or use of the
Service, remove and discard any Content within the Service, deactivate or delete
your account and all related information and files in your account and/or bar any
further access to such files or the Service, discontinue providing the Service,
or any part thereof, with or without notice:
if BNC believes that you have violated or acted inconsistently with the letter or
spirit of the TOS, and have not either cured the breach (if curable) or provided
a satisfactory undertaking to BNC or the applicable authorities, within five (5)
business days of receiving a notification of a material breach, and within thirty
(30) calendar days of a non-material breach; or
temporarily for maintenance purposes. Further, you agree that BNC shall not be liable
to you or any third-party for any termination or suspension of your access to the
Confidential Data obtained pursuant to this agreement may be destroyed by you, or
retained by you, at your discretion. If you decide to retain the information, the
obligations and restrictions set out in s.3(b) (Confidentiality) survive for as
long as you choose to retain such data, rather than destroy it.
BNC will take commercially reasonable steps, commensurate with its resources and
mandate, to ensure the Content provided to you is free of viruses, and other destructive
elements. However, you acknowledge that BNC does not control the Content made available
via the Service and, as such, does not guarantee the accuracy, integrity, quality
or appropriateness of such Content for any particular viewer. Under no circumstances
will BNC or its suppliers be liable in any way for any Content, including, but not
limited to, for any errors or omissions in any Content, or for any loss or damage
of any kind incurred as a result of the use or viewing of, or reliance upon, any
Content posted, e-mailed, transmitted or otherwise made available via the Service.
You agree to evaluate, and bear all risks associated with, the use of any Content,
including any reliance on the accuracy, completeness, or usefulness of such Content.
By using the Service, you may be exposed to Content which may contain viruses, and
other destructive elements.
You agree to not use (or permit others to use) the Service to:
send any material that contains software viruses, worms or any other computer code,
files or programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment;
reverse engineer, decompile, or otherwise deconstruct any part of the Service;
interfere with or disrupt the Service or servers or networks connected to the Service,
or disobey any requirements, procedures, policies or regulations of networks connected
to the Service;
intentionally or unintentionally violate any applicable local, provincial, state,
national or international law, including, but not limited to, rules, orders and
regulations having the force of law;
violate applicable laws regarding transmission of technical data exported from the
country in which you reside; or
take any action that imposes an unreasonable or disproportionately large load on
the BNC service or its suppliers. If BNC believes your actions offend this s.5.(b)v,
then BNC may by written notice, require you to reduce the load, within a reasonable
You understand that the technical processing and transmission of the Service, including
the Content, may involve
transmissions over various networks; and
changes to conform and adapt to technical requirements of connecting networks or
You agree to indemnify and hold BNC, and its suppliers, and BNC's and its suppliers'
officers, agents, directors and employees, harmless from any claim or demand, including
legal fees, made by any third party due to or arising out of your use of the Service
or its Content, your connection to the Service, your violation of the TOS, or your
violation of any rights of another.
GENERAL PRACTICES REGARDING USE, STORAGE AND SERVICE MODIFICATION
You agree that BNC:
reserves the right at any time and from time to time to modify, temporarily or permanently,
the Service (or any part thereof) with or without notice;
may supply any or all of the Service on its own behalf, or as a sublicensor or reseller
on behalf of a third party supplier, and may substitute such third party suppliers
without notice; and
shall not be liable to you or to any third party for any modification, suspension
or discontinuance of the Service which may occur for routine maintenance, routine
or extraordinary repairs, or the need to respond to a virus or other attack on the
system or using the system.
You agree the Service and any necessary software used in connection with it contain
proprietary and confidential information protected by applicable intellectual property
and other laws, including but not limited to copyright, and trade and service mark
protections, and is owned by BNC or its suppliers. You acknowledge and agree that
you obtain no right, title or interest under these TOS to the Service or any of
the Content, except as expressly set out herein. You agree not to access the Service
by any means other than through the interfaces provided by or through BNC for use
in accessing the Service.
DISCLAIMER OF WARRANTIES, REPRESENTATIONS AND CONDITIONS
You acknowledge and agree that:
YOUR USE OF THE SERVICE (AND THE CONTENT YOU OBTAIN THROUGH IT), IS AT YOUR SOLE
RISK. THE SERVICE AND CONTENT ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS.
BNC AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, REPRESENTATIONS,
GUARANTEES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
BNC AND ITS SUPPLIERS MAKE NO WARRANTY THAT (i) THE SERVICE OR CONTENT WILL MEET
YOUR REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (ii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR CONTENT, OR THE CONTENT
ITSELF, WILL BE ACCURATE OR RELIABLE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE
SERVICE WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN THE SERVICE OR SOFTWARE
OR CONTENT WILL BE CORRECTED.
ANY MATERIAL TRANSMITTED, RECEIVED, DOWNLOADED OR OTHERWISE OBTAINED OR SENT, THROUGH
THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF CONTENT
THAT RESULTS FROM THE OPENING, DOWNLOAD OR SENDING OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BNC OR ITS
SUPPLIERS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TOS.
AS VIRUSES ARE FREQUENTLY CREATED AND DISTRIBUTED, IT IS YOUR RESPONSIBILITY TO
OBTAIN AN ANTIVIRUS PROTECTION. THERE IS NO WARRANTY THAT THE SERVICE WILL DETECT
ANY VIRUSES PRESENT IN CONTENT OR SENT TO YOUR COMPUTER SYSTEM, NETWORK OR EMAIL
SERVER; YOUR RESPONSIBILITIES INCLUDE ENSURING YOU HAVE SUFFICIENT BACK-UP SYSTEMS
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BNC AND ITS SUPPLIERS, SHALL NOT BE LIABLE
FOR ANY, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE
OR INTANGIBLE LOSSES (EVEN IF BNC OR ITS SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE
(INCLUDING USE OF THE CONTENT); (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES RESULTING FROM ANY GOODS, DATA, CONTENT, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) CONDUCT OF ANY THIRD PARTY RELATING TO THE SERVICE; OR (v) ANY OTHER MATTER
RELATING TO THE SERVICE. BNC SHALL BE LIABLE FOR DIRECT DAMAGES ONLY.
Notices to you, or by you to BNC, may be made via confirmed e-mail, confirmed fax,
registered mail, or courier. The Service may also provide notices of changes to
the TOS or other matters by displaying notices or links to notices to you generally
on the Service.
Without BNC's prior permission, you agree not to display or use in any manner, the
BNC's or its suppliers' trademarks or service marks, except as expressly set forth
These TOS, constitute the entire agreement between you and BNC and govern your use
of the Service, superseding any prior agreements between you and BNC related to
the catalogue services. Additional terms and conditions may apply when you use other
services or parts of the Service (such as data from SalesData). The TOS and the
relationship between you and BNC shall be governed by the laws of Ontario, without
regard to its conflict of law provisions. You agree to submit to the personal and
exclusive jurisdiction of the courts located within the city of Toronto. If any
provision of the TOS is found by a court of competent jurisdiction to be invalid,
the parties nevertheless agree that the court should try to give effect to the parties'
intentions as reflected in the provision, and the other provisions of the TOS remain
in full force and effect. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of the Service
or the TOS must be filed within one (1) year after such claim or cause of action
arose or be forever barred. The section titles in the TOS and schedules are for
convenience only and have no legal or contractual effect.
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