The adoptaschool.indigo.ca website (the "Site") is owned and operated by Indigo Books & Music Inc. ("Indigo") in support of the Indigo Love of Reading Foundation ("LoR"), a registered charity established by Indigo in 2004 to address the underfunding of public elementary schools and the resulting literary crisis.
THE ADOPT A SCHOOL PROGRAM
The goal of the Adopt a School program is to put books into the hands of children at these schools. The program unites Indigo employees, customers, schools and communities in fundraising for new library books. The purpose of the Site is to provide a platform for fundraising for school library books and to raise awareness about the lack of funding for school library books.
Indigo, Chapters, and Coles stores across Canada identify and adopt high-needs elementary schools (the "Adopted Schools"), which are assessed as such based on socio-economic factors, including, for example, income, prevalence of single parent families, parents' education levels, size of the student ESL population, library budget per student and age of the school's library collection. LoR also allows a limited number of additional high-needs elementary schools to participate in the Adopt a School fundraising program on this Site even if they have not be "adopted" by an Indigo, Chapters or Coles store (the "Non-Adopted Schools").
High-needs elementary schools may be included in the program as "Non-Adopted Schools" if they meet the following criteria: (i) the school has a library budget of $30 or less per student per year; (ii) is assessed as a high-needs school based on socio-economic factors, including, for example, income, prevalence of single parent families, parents' education levels, size of the student ESL population, and library budget per student etc; and (iii) the principal or its designee of the Non-Adopted School has registered the school on the Site; and (iv) the school meets the foregoing criteria in (i) through (iii) and registered on the Site by the registration deadline. LoR may, in its absolute and sole discretion, extend the registration deadline or otherwise modify the foregoing criteria.
Adopted Schools and Non-Adopted Schools (sometimes referred to as the "participating schools") are eligible to participate in all the online Adopt a School programming. To participate, all participating schools must appoint an "administrator", who is the participating school's principal or the principal's designee. Through the administrator, each school will be invited to provide updates and messages to the school's supporters on a school profile page that is dedicated to promoting engagement in the school's literacy programs. LoR will also have a webpage that aggregates content from the school's profile pages and shares LoR's own messages.
Any participating school that attempts to register more than once may be disqualified from the Program.
Every Adopted School and Non-Adopted school has a unique profile page on the Site, which allows for information to be shared about the school, its needs, and the importance literacy plays in its children's futures. The principal at each school is responsible for ensuring the accuracy of all information provided on the profile page, irrespective of whether the principal or his/her designee is generating the content. The Site facilitates the electronic sharing of information about the school, its fundraising tools and supporters, and leverages the online social networks of individual users.
The official fundraising period for the 2017 Adopt a School Program will be announced no later than September 1, 2017. During this time LoR will focus its marketing communication efforts on raising money for the schools and building awareness of the importance of literacy. Schools should also focus their efforts on fundraising and awareness building through the online tools during the fundraising period.
Visitors to the Site are permitted to navigate all publicly accessible areas without becoming a registered user of the Site. For example, they can visit each school's profile page and read related comments about their funding needs and fundraising efforts. However, to post content on any school's profile page or to donate to one or more schools, visitors must register with and create a user account on the Site. All visitors to the Site must have reached the age of majority in their province or territory of residence as of September 16, 2017. After the fundraising period ends, the Adopt a School program will no longer accept donations.
Donations to support any of LoR's other programs can be made at loveofreading.org throughout the year.
If you become a registered user of the Site, you agree to the following:
i. you represent that you have reached the legal age of majority in their province/territory of residence;
ii. agree to: (a) provide true, accurate, current and complete information about yourself as prompted by any registration form(s) on the Site (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, LoR has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
iii. you will maintain the confidentiality of the password and account designation that you will receive upon completing the Site registration process. You are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify LoR of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.
iv. Indigo, LoR or a participating school's administrator may send email communications related to your registration, your donation, your activity on the Site or with the Program, and information about LoR's other activities and fundraising efforts.
LoR wants to ensure the Site is a friendly and safe environment for the parents of students at participating schools, their friends and visitors at large who care about literacy in Canada. The Site is monitored by LoR, but not constantly, for inappropriate comments and usernames. If you think any content, including a comment posted on a school's profile page, is objectionable, offensive or otherwise inappropriate, please let LoR know by emailing the Foundation at email@example.com.
SITE USER CONDUCT
In the event that you elect to post a photo or video on this Site, you must ensure that this waiver is completed for each and every individual appearing in the photo or video. You must keep a copy of all signed photo waivers for a period of three years following the fundraising period. LoR reserves the right in its sole and absolute discretion to request copies of such waiver for a period at any time. Failure to provide waivers upon request will result in the photo or video being taken down from the site and could result in disqualification from this or future Adopt a School programs, in LoR's sole discretion.
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 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;
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 Site;
g) contains a virus or other harmful component;
h) is not consistent with LoR's brand image, as solely determined by LoR; or
i) includes a link to a website that contains any content that is infringing, harmful, threatening, unlawful, defamatory, abusive, inflammatory, harassing, vulgar, obscene, lewd, fraudulent, or invasive of privacy or publicity rights or that may expose LoR or Indigo to any harm or liability of any type.
Your conduct on the Site must comply with Indigo's acceptable use policy ("Acceptable Use Policy").
USER MISCONDUCT – INAPPROPRIATE CONTENT, COPYRIGHT INFRINGEMENT, ETC.
As set out above, LoR prohibits the posting of any information or materials that violates the SITE USER CONDUCT section above. It is LoR's policy to investigate and respond to claims of misconduct including intellectual property infringement.
LoR reserves the right to exclude without prior notice any individual or school from the Adopt a School program, which shall include this Site, on account of the Terms, including without limitation, a violation of the SITE USER CONDUCT section above. The determination as to whether such a violation has occurred shall be in LoR's sole and absolute discretion and LoR shall not be required to provide to such individuals or schools any formal processes for contesting such a determination.
Upon receipt of any notice alleging misconduct or infringement, LoR will act expeditiously to investigate the allegation and if such content is determined, in LoR's absolute discretion, to offend or contravene any of these Terms, it may 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. Participants responsible for non-compliance with these Terms may be prevented from using the Site during this or future Adopt a School programs, in LoR's discretion.
Any notices should be directed to:
Indigo Love of Reading Foundation
468 King Street West, Suite 500
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 blog comment as inappropriate. Doing so will expedite review by an LoR administrator, who may choose to do nothing, edit, or remove the comment entirely.
Unless otherwise indicated, all content appearing on this Site is the property of LoR and its 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 written permission from LoR. 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. Unless explicitly stated herein, nothing in these Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
LICENSE FOR SUBMITTED CONTENT
You agree that by posting content, any creative material, sending emails, inputting data, answering questions, uploading data or files or otherwise communicating with LoR, you are granting to LoR, without compensation, an irrevocable, perpetual, non-exclusive, worldwide, royalty-free, unrestricted license to use, re-use, display, adapt, modify, duplicate, reproduce, broadcast, combine with other material, commercialize, and/or publish in any way LoR sees fit, without limitation, these materials in any media worldwide now know or later developed for any purpose, including for promotional or marketing purposes. 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.
LINKS TO THIRD PARTY WEBSITES
You agree to defend, indemnify, and hold LoR, Indigo, their affiliates, and each of their respective directors, officers, agents, contractors, partners and employees, harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of these Terms by you or arising out of your use of the Site or your participation in the Program, including but not limited to the posting or transmission of any content on this Site by you.
DISCLAIMER AND LIMITATION OF LIABILITY
INDIGO AND LoR (1) WILL NOT BE HELD LIABLE, UNDER ANY CIRCUMSTANCE, FOR YOUR USE OF THIS SITE OR YOUR PARTICIPATION IN THE PROGRAM 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. BY USING OR ATTEMPTING TO USE THE SITE OR PARTICIPATE IN THE PROGRAM, YOU EXPRESSLY ACKNOWLEDGE THAT INDIGO AND LOR MAKE NO WARRANTIES, REPRESENTATIONS OR CONDITIONS REGARDING THE SITE CONTENT INCLUDING BUT NOT LIMITED TO CURRENCY, ACCURACY OR COMPLETENESS.
EXCEPT AS SPECIFICALLY STATED ON THE SITE, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL INDIGO OR LOR OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS AND EMPLOYEES BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, OR ANY HYPERLINKED SITE OR YOUR PARTICIPATION IN THE PROGRAM. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
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 Indigo, LoR (including their representatives and suppliers) or the copyright owners as applicable.
INDIGO, LOVE OF READING, INDIGO LOVE OF READING FUND and INDIGO LOVE OF READING FOUNDATION are registered trademarks of Indigo Books & Music Inc. All other marks that appear throughout this Site 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.
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.
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. 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
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.
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.