Version 2020-11-24

Acceptance of Terms of Use

Please read carefully the following terms and conditions and the documents incorporated by reference therein (collectively, the “Terms of Use”) before you begin using the Pretnumeriqueapplication (the “Application”).

By using the Application, you agree to be bound by these Terms of Use and our Privacy Policy, which are incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you should not access or use our Application.

Link to Participating Libraries

The Application allows you to borrow ebooks and digital audiobooks (the “Books”) from the directory of your participating Library (the “Library”). When you log in to the Application for the first time, you must select your Library and you will be directed to that Library's website, which will perform your authentication. You can only benefit from the services offered through the Application if you are an authenticated member of a Library. Once the authentication process is completed, you will be able to access the Application by entering your Library user number. You will then be able to borrow Books from the selection available in your Library's directory. Each Library is responsible for determining the conditions under which it permits to allow Books to be borrowed through the Application, including the duration of each loan and the maximum number of loans allowed per user. Please contact your Library directly to find out more about specific borrowing conditions. You are responsible for maintaining the confidentiality of your user number and must immediately report to your Library any unauthorized use of your user number in connection with the Application.

Access to the Application

We reserve the right to withdraw or modify the Application and any service we provide on it. We will not be liable if, for any reason, all or part of the Application is inaccessible at any time or during any period. From time to time, we may limit users' access to certain sections or the entire Application.

Continuous Agreement

We may change the Terms of Use from time to time. We will notify you by posting the revised Terms of Use on this page and the date on which the last changes were made will be noted at the top of the page. You should review these Terms of Use regularly as you will be bound by any revisions. To the fullest extent permitted by Applicable laws, rules, regulations and requirements (collectively, “Applicable laws”), you understand and agree that your continued access or use of the Application following the posting of changes to the Terms of Use constitutes your acceptance of such changes.

Ownership and Use of the Application

Bibliopresto is the owner of the Application, including all copyrights, trademarks, trade names, logos, patents, trade secrets and other intellectual property rights relating thereto. The “BIBLIOPRESTO” and “PRETNUMERIQUE” trademarks and all related names, logos, product and service names, designs and slogans are trademarks of Bibliopresto or its affiliates or licensors. Bibliopresto may license third parties for the use or operation of the Application or use Content in the Application that is owned by third parties which Bibliopresto uses under license.

In any case, the user does not have and will acquire no rights in the Application, other than the right to use it under the Terms of Use. Nothing in the Application or the Content may be interpreted as conferring on you any right, title, interest or other license in the software integrated into the Application or the Content or that can be downloaded into the Application, including, in particular, any intellectual property rights in the software making up the Application and its components, except the right to use it according to the Terms of Use. In addition, you may not rent, sell, modify, decompile, disassemble, reverse engineer or transfer the Application in whole or in part. You may not use any device, software or routine to interfere with or attempt to interfere with the proper functioning of the Application in whole or in part.

You may use the Application only for lawful purposes and in accordance with these Terms of Use. Without limiting the scope of the foregoing, you agree not to use the Application in any way that violates any federal, provincial, local or international law or regulation, to impersonate or attempt to impersonate it. identity of another person or to adopt any other conduct that restricts or hinders the use or enjoyment of the Application by anyone.

In the event that you have authorized a minor to use the Application and its Content, you acknowledge that you are responsible for: i) their behavior online; ii) to control their access and use of the Application and its Content; and iii) the consequences of any misuse of the Application and its Content on its part. You acknowledge that certain sections of the Application and its Content may contain Content that is inappropriate for a minor. We recommend that you exercise reasonable supervision over the use of the Application and its Content by minors in your care.

Intellectual Property of the Content

Bibliopresto, its licensors or other suppliers hold the necessary rights and authorizations allowing it to display and disseminate the content displayed on the Application, including Books, texts, images, notices and front covers (the “Content”).

These Contents are protected by copyright or other intellectual property rights. You are responsible for ensuring that your use of the Contents, as well as of all the elements that compose them, does not violate any intellectual property right or any other right. Without limiting the foregoing, access to any digital Content is only available to users authenticated by their Library, for personal, non-commercial use. Any other use of the Content accessed from the Application is strictly prohibited. You may not modify, transmit, publish, participate in the transfer or sale, reproduce, create derivative works from, distribute, perform, display, or in any way exploit the Content, in whole or in part. Bibliopresto assumes no responsibility in this regard.

Confidentiality

For information on how Bibliopresto uses and protects the personal information you may provide on this Application, please read our privacy policy. This policy is incorporated into these terms of use by reference and explains Bibliopresto's privacy practices. By using the Application, you accept the terms of the privacy policy. Please note that Bibliopresto is in no way responsible for the use or protection of the personal information you provide to the libraries, which are managed by the libraries according to their own policies. Please contact your Library directly to learn more about its privacy and confidentiality policy.

Links to Other Sites or Resources

For the purpose of providing the Application and for your convenience, the Application may contain links to third-party websites or resources not operated by Bibliopresto, including Library websites. Bibliopresto has no control over such third-party sites or resources and is not responsible for their availability, security, Content or resources. Bibliopresto is providing these links to third-party sites or resources to you only as a convenience, and the inclusion of such links does not imply an endorsement or a recommendation by Bibliopresto of the third-party site or resource in question or any other material on or available from that site. Bibliopresto is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any Content, information, products, goods or services available on or through any third party site.

Limitation of Warranty

TO THE FULLEST EXTENT PERMITTED BY LAW, THE APPLICATION AND CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT CONDITIONS, REPRESENTATIONS, WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, UNINTERRUPTED OPERATION, FREEDOM FROM ERROR, ACCESSIBILITY, ACCURACY, TIMELINESS, RELIABILITY, PUNCTUALITY, LEGALITY, PRIVACY, COMPLETENESS, SECURITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, AND NO WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR COMPUTER EQUIPMENT OR MOBILE DEVICE AND SOFTWARE THAT MAY BE REQUIRED AS A RESULT OF VIRUSES, ERRORS OR OTHER PROBLEMS OF ANY KIND THAT YOU MAY EXPERIENCE AS A RESULT OF YOUR USE OF THE APPLICATION.

Without limiting the foregoing, Bibliopresto makes no representation as to the availability of the Books, the libraries' compliance with lending conditions and the libraries' compliance with the licensing conditions of the Books from the publishers, and cannot incur any liability in this regard.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, BRAND, ITS PARENT, SUBSIDIARY AND AFFILIATE COMPANIES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, LICENSEES AND ASSIGNS (COLLECTIVELY, THE "BIBLIOPRESTO
 PARTIES") SHALL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL DAMAGES, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE APPLICATION OR THE CONTENT, WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LAW ARISING OUT OF OR IN CONNECTION WITH THE USE OR OPERATION OF THE CONTENT, THE APPLICATION OR THE INFORMATION ACCESSED FROM OR RELATED TO THE APPLICATION. THE BRAND PARTIES ASSUME NO LIABILITY, EVEN IF THEY OR ONE OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH DAMAGES MAY INCLUDE, WITHOUT LIMITATION, DAMAGES OR INJURY RESULTING FROM ANY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, OR FROM ANY COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT.

Some applicable laws may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Therefore, some of the above limitations or exclusions may not apply to you. In all cases of exclusion, direct and indirect damage is limited to the price paid to obtain the right to use the Application.

All transactions on the Application are final. Once the user clicks on the order confirmation button, the products purchased are not exchangeable or refundable. It is the customer's responsibility to verify the order, price, quantity and conditions of the transaction.Bibliopresto Parties can in no way be held liable for any damage suffered due to a shortage of stock, limits on access to Content, or rules imposed by a Library. Bibliopresto Parties, their affiliated companies and their directors, employees, agents, licensors or their respective successors and beneficiaries, disclaim all liability for the acts, omissions or conduct of any third party user and the Content and any advertiser or sponsor (“Third Party Users”) and can in no way be held liable for any prejudice, loss, damage (including, in particular, special, indirect or incidental damages) or costs arising in any way i) from acts, omissions or conduct of a Third Party User; and ii) the use or inability to use anything, software, content, goods or services of a site or offered through a website, Content or other link related to the Application.

You acknowledge that the Bibliopresto Parties have no obligation to monitor the Content or any content accessible through the Application. However, you acknowledge that the Bibliopresto Parties have the right to monitor the use of the Application, at its sole discretion, and to disclose any information necessary to comply with any law, regulation or government request, in order to be able to operate the Application adequately or in order to protect itself or its users under the "Privacy Policy".

Compensation

You hereby agree to indemnify and hold harmless the  Parties from and against any and all claims, actions or proceedings of any nature whatsoever and all damages, judgments, losses, liabilities, costs and expenses, including reasonable attorneys' fees and expenses (including those incurred to enforce this provision), arising out of your use of the Application, the Content, any actual or alleged breach by you of these Terms of Use, or any violation by you of any applicable law or the rights of any other person or entity.

Severability

If any provision of these Terms of Use shall be deemed 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. The Terms of Use shall be construed to the greatest extent possible so as to give the closest possible effect to the invalid provision, within the bounds of legality.

Absence of Waiver

The fact that Bibliopresto does not require the execution of any part of these terms of use does not constitute a waiver of its rights hereunder for past or future actions on the part of anyone.

Applicable Laws and Jurisdiction

These Terms of Use and any dispute arising out of or relating to these Terms of Use shall be governed by the laws in force in the Province of Quebec, without reference to its conflict of law rules. Any action, suit or proceeding arising out of these Terms of Use (whether for breach of contract, wrongful conduct or otherwise) shall be brought exclusively in the Province of Quebec or in the federal courts, as the case may be, located in the District of Montreal, and you agree to submit to the jurisdiction of such courts for any action, suit or proceeding arising out of these Terms of Use. 

Contact Us

All questions, comments or requests regarding these terms of use should be sent to Bibliopresto at: info@bibliopresto.ca.