Terms of Use
Last modified: September 21, 2023
1. ACCEPTANCE OF TERMS OF USE
1.1 These terms constitute a legal agreement between Les Librairies indépendantes du Québec, coopérative and the Association pour la promotion de la librairie indépendante ("Les Libraires"), owner and operator of the websites accessible at leslibraires.ca, revue.leslibraires.ca and quialu.ca (collectively, the "Platforms") and you ("you"), a user of the Platforms (individually, a "User").
1.2 By using the Platforms, including the services offered thereon (the "Services"), you acknowledge and accept these terms of use (the "Terms of Use"), as well as Les Libraires' Privacy Policy, which is available at www.leslibraires.ca/politique-de-confidentialite and is incorporated into these Terms of Use by reference. These Terms of Use also apply if you use the Platforms following a redirection from an external site belonging to, among others, an affiliated bookstore. If you do not accept the Terms of Use and/or the Privacy Policy, please stop using the Platforms and Services immediately.
1.3 The Platforms are available only to Users who can legally enter into binding contracts under applicable laws. For clarity, this means that the Platforms are only available to Users who are 14 years of age or older. By using or accessing the Platforms, you represent and warrant that you are of legal age to use the Platforms and Services and that you are not prohibited from using them under applicable law.
2. MODIFICATION OF CONDITIONS OF USE
2.1 Right to Modify Terms of Use. To the extent permitted by law, Les Libraires reserves the right, in its sole and absolute discretion, to modify the Terms of Use (the "Modified Terms of Use") from time to time.
2.2 Notice of Amended Terms of Use. Unless Les Libraires is making a change for legal or administrative purposes, Les Libraires will provide reasonable notice before the Modified Terms of Use become effective. You agree that Les Libraires may notify you of Modified Terms of Use by posting them on the Platforms.
2.3 Acceptance of Amended Terms of Use. Your use of the Platforms after the effective date of the Modified Terms of Use constitutes your acceptance of such Modified Terms of Use. You should review these Terms of Use and any Modified Terms of Use before using the Platforms.
2.4 Effective Date of Amended Terms of Use. The Modified Terms of Use will become effective upon posting on the Platforms or such later date as may be specified in the Modified Terms of Use and will apply to your use of the Platforms from such effective date.
3. USE OF THE PLATFORMS
3.1 Features. The Platforms allow you to purchase books, both physical and digital copies, to read literature-related articles, to share your impressions of books and to view comments made by other Users on the books they have read. We may also offer new services and/or features through the Platforms (including the release of new tools and resources); these new services and/or features will then be subject to these Terms of Use.
3.2 Access and Use. During the term of this Agreement, Les Libraires grants you a limited, non-exclusive, non-transferable right to access and use the Platforms strictly for your personal, private, non-commercial use (the "Permitted Purposes"). No other use of the Platforms or its components is permitted.
3.3 Rules of conduct. Under no circumstances may you engage in any of the following prohibited activities in connection with the Platforms and Services: (i) use the Platforms for any purpose other than the Permitted Purposes; (ii) copy or distribute all or any portion of the Platforms in any medium, including through any web scraping tool or technique, whether automated or not; (iii) use any automated system, including spiders and offline readers, to access the Platforms; (iv) transmit, through the Platforms, spam, chain letters or any other form of unsolicited email; (v) attempt to interfere with or compromise the integrity or security of the Platforms' servers or decrypt any transmissions to or from the Platforms; (vi) take any action that, in Les Libraires' sole and absolute discretion, imposes or is likely to impose an unreasonable or disproportionately large load on the Platforms' infrastructure; (vii) upload data, viruses, worms or other malicious software through the Platforms; (viii) collect, extract or harvest any personally identifiable information (including usernames) from the Platforms without their prior consent; (ix) impersonate any person or otherwise misrepresent your affiliation with a person or entity, commit fraud, or conceal or attempt to conceal your identity; (x) interfere with the proper working of the Platforms; (xi) access any content on the Platforms using any means or technology other than those provided or authorized by the Platforms; (xii) circumvent any measures that Les Libraires may use to prevent or restrict access to the Platforms, including features that prevent or restrict the use or copying of content on the Platforms or that impose limits on the use that may be made of content on the Platforms; or (xiii) otherwise use the Platforms in violation of any applicable law.
3.4 Investigation and Prosecution. Les Libraires reserves the right (but not the obligation) to investigate and prosecute you for any violation of the Terms of Use, to the fullest extent permitted by law.
4. ELECTRONIC COMMUNICATIONS
When you provide Les Libraires with your e-mail address through the Platforms, you expressly consent to Les Libraires retaining your e-mail address in its databases, or using your e-mail address in its mailing lists, in order to communicate with you to: (i) validate certain information related to your account; (ii) keep you informed of the status of your account on the Platforms; (iii) conduct surveys or audits regarding the Platforms, including its functionality, usability, and your enjoyment thereof; (iv) notify you of benefits or promotions offered by Les Libraires; or (v) for any other reason related to the Platforms or User security.
5. YOUR ACCOUNT
5.1 Creating an account. Certain features of the Platforms require the creation of a User account. For certain Services offered on the Platforms, you may also be able to connect via third-party accounts, such as your Gmail or Facebook accounts. When creating your account, you agree to provide Les Libraires with true and complete information about yourself as required by the registration process, and to update such information as necessary to keep it accurate at all times. You must also choose a unique and secure password. In the event of a breach of this paragraph 5.1 of the Terms of Use, Les Libraires may terminate your right to use the Platforms at its sole and absolute discretion. Institutional customers will also be required to create a User account in order to access certain Services. In this case, they will be subject to these Terms of Use in the same way as individual customers, subject to the specific provisions applicable to consumers.
5.2 Responsibility for your account. You are entirely responsible for maintaining the confidentiality of your password and username. Furthermore, you are entirely responsible for any and all activities that occur from your account. You agree to immediately notify Les Libraires of any unauthorized activity that occurs from your account or any other unauthorized use of your account.
5.3 Liability for misuse of account. To the fullest extent permitted by law, Les Libraires shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred by you as a result of someone else using, with or without your consent, your password or username, or your account, provided, however, that such loss or damage does not result from a breach by Les Libraires of its obligations hereunder or at law. You may also be held liable for losses incurred by Les Libraires or a third party due to your negligence resulting in the use of your account, username and/or password by another person.
5.4 Use of other accounts. You may not use another person's account at any time, except with the permission of the account holder as their authorized agent.
5.5 Account Security. Although we use commercially reasonable security measures to protect your Personal Information, Les Libraires cannot guarantee that unauthorized third parties will never be able to defeat the Platforms' security measures or make unlawful use of personally identifiable information you have provided to Les Libraires ("Personal Information").
5.6 Account closure. Unless you have a gift card with no expiration date, download links for digital products are active on your account, or you continue to receive electronic communications from Les Librairies at the same e-mail address as your account, Les Libraires reserves the right to delete any account that has been inactive for a period of at least two (2) years, and to anonymize or delete any data associated with such account. However, no data will be anonymized or deleted without prior notice to the account holder. For clarity, if you have a gift card that does not have an expiration date and in any other circumstances permitted by law, Les Libraires will retain your active account and associated data.
5.7 Account Termination. You may suspend or terminate your account on the Platforms for any reason, at your sole discretion and without notice, without liability to Les Libraires.
6. PLATFORMS COSTS
Les Libraires may charge fees for access to the Platforms. However, unless Les Libraires obtains your prior consent to the payment of such fees, such fees will never be charged. Fees will be prominently displayed on the Platforms and in other appropriate places. You shall pay all fees charged to your account for access to the Platforms at the rate in effect for the billing period in which they are incurred. You shall also pay all applicable taxes in connection with the use of the Platforms through your account.
7. ONLINE ORDERS
7.1 Order Forms. In order to purchase a product or Service via our Platforms, you must complete the order form made available to you via the Platforms (an "Order Form"). At any time prior to the completion of the transaction, you will have the right to accept, correct or decline your order. Once the order has been completed, a payment receipt will be e-mailed to you along with the order confirmation. Thereafter, you may cancel your order only to the extent permitted by law and these Terms of Use.
7.2 Content of Order Forms. Before concluding a sale through the Platforms, Les Libraires will disclose, expressly bring to your attention and present to you the following information in a visible and understandable manner, so that you may easily retain and print your Order Form, and correct any errors before it is sent to Les Libraires and recorded: (i) the name of Les Libraires and any other name under which its activities are carried on; (ii) the name of the affiliated bookstore to which the Order Form will be assigned (the "Selected Bookstore"), if applicable; (iii) the address of the Selected Bookstore or of Les Libraires in the case of digital products; (iv) the telephone number and, if applicable, the fax number and e-mail address of the Selected Bookstore or of Les Libraires; (v) a detailed description of the product(s) or Service(s) covered by the Order Form; (vi) a detailed list of the quantity and unit prices of the product(s) or Service(s) covered by the Order Form, including any related fees charged to you and any additional fees payable by law; (vii) a description of any additional charges payable to a third party, such as customs duties and brokerage fees, the amount of which cannot reasonably be determined; (viii) the total amount payable by you under the Terms of Use and, if applicable, the number of installments and the terms of payment; (ix) the currency in which amounts due are payable if not in Canadian dollars; (x) the date on which, or the period within which, Les Libraires' principal obligation is to be performed; (xi) if applicable, the delivery method, the name of the carrier and the place of delivery; (xii) the applicable cancellation, termination, return, exchange and refund conditions, if any; (xiii) any other applicable restrictions or conditions.
7.3 Data encryption. You understand and agree that your data (excluding credit card information) may be transferred without encryption and may involve transmissions over different networks, as well as modifications to conform and adapt to technical requirements of connecting networks or devices. However, your Personal Information remains protected in accordance with our Privacy Policy and credit card information is always encrypted, including during any transfer over networks.
8. PRICES; PAYMENT TERMS
8.1 Price. Subject to Section 8.3 below, you agree to pay the price listed by Les Libraires for each product, subscription or Service, as indicated on the Platforms. Unless otherwise indicated, the prices of products, subscriptions and Services do not include applicable federal or provincial sales taxes. Applicable taxes will be indicated separately in your order summary. Unless otherwise indicated on the Platforms, all prices displayed on the Platforms are in Canadian dollars. While we strive to ensure the accuracy of all prices on the Platforms, errors may occur. If we discover an error in the price of the products or Services you have ordered after you have placed your order, we will notify you as soon as possible and give you the option of confirming your order at the correct price or cancelling it. If we are unable to contact you after ten (10) working days, we will cancel your order and refund all charges paid in respect of any order so cancelled.
8.2 Terms of payment: digital products to be delivered. Where the product(s) covered by the Purchase Order: (i) is/are to be delivered to you; or (ii) is/are in digital format, Les Libraires will invoice you and require full payment for such product(s) upon submission of the Order Form via the Platforms. In order to make your payment, you may be redirected to external transactional platforms such as Paypal or Braintree, depending on what you have chosen; you will then be subject to the terms of use of these external transactional platforms. Les Libraires only accepts credit card payments in accordance with the terms and conditions required by Paypal and Braintree. Les Libraires will send you or give you access to the invoice for each Order Form, as well as a payment receipt upon receipt of any payment. Les Libraires will send or notify you of each invoice and payment receipt in writing to the e-mail address you have provided in the Order Form.
8.3 Terms of payment : Special products. Certain products offered on the Platforms are products for which the Selected Bookstore does not have the necessary stocks to guarantee that they will be available for dispatch or that the price displayed will be the final price. A visual indication or a specific mention will indicate on the Platforms that this is a special product that will be subject to the mechanism described in this section. These special products cannot be picked up in-store under the Conditions. When the Order Form concerns such a product, Les Librairies will charge you an amount corresponding to an advance for the reservation of the special product. Before sending you the special product ordered, Les Libraires will confirm the full amount to be paid for the shipment of the special product. If the final amount is higher than the advance payment, you will have to pay the difference to validate the order. If the final amount is equal to or less than the advance payment, you will need to confirm your order with Les Libraires. If the final amount is less than the advance paid, Les Librairies will issue you credits that can be used on the Platforms. Les Librairies will reimburse you for this amount upon your written request. In order to make any payment (advance or final payment), you may be redirected to external transactional platforms such as Paypal or Braintree, depending on what you have chosen; you will then be subject to the terms of use of these external transactional platforms. Les Libraires only accepts credit card payments in accordance with the terms and conditions required by Paypal and Braintree. Les Libraires will send you or give you access to the invoice for each Order Form, as well as a payment receipt upon receipt of any payment. Les Libraires will send or notify you of each invoice and payment receipt in writing to the e-mail address you have provided in the Order Form.
8.4 Payment terms: in-store pickup. In the event you choose in-store pickup, the Selected Bookstore will invoice, require and collect payment in full for the product(s) covered by the Order Form at the time of such pickup. The Selected Bookstore will provide you with an invoice for each Order Form and a payment receipt upon receipt of payment. In the event you opt for prepaid pickup, the Selected Bookstore will send or notify you of each invoice and payment receipt in writing to the e-mail address you provided in the Order Form.
8.5 Payment methods: subscription. Les Libraires offers different subscription plans, of a fixed duration and amount, for which information is available on the Platforms. If you wish to cancel your subscription, you may do so at any time, free of charge, by notifying us and sending an e-mail indicating the cancellation of your subscription to [e-mail address].
9. Delivery
9.1 Delivery. The selected Bookstore will deliver the product(s) ordered to you in accordance with the delivery method you have chosen and at the location specified in the applicable Order Form. Les Libraires will deliver the product(s) ordered in accordance with the subscription selected, if applicable, to the location specified at the time of registration. All delivery times provided are estimates only and neither Les Libraires nor the Selected Bookstore shall be liable for any delay in delivery.
9.2 Principal obligation. Delivery shall be deemed to have been made if Les Libraires, or the Selected Bookstore, as the case may be, has attempted to make delivery on the date specified in the Order Form, on a later date agreed upon in writing by the parties, or on the date specified in a notice sent to you within a reasonable time, but has been prevented from doing so by your actions or negligence.
9.3 Risk of loss; title. Les Libraires will remain liable for any damage, loss or defect in the products until they are delivered to you, after which you will be solely responsible. Ownership of the products will not pass to you until we have received payment in full for the products, including delivery charges.
9.4 Cancellation. You shall have the right, at any time, and without charge prior to the delivery of your product, to cancel the order if you have not received it within thirty (30) days of the date indicated on your order confirmation or within thirty (30) days of the order confirmation date in the event that the order confirmation does not specify a date or deadline for delivery of the products.
10. RETURN CONDITIONS; REFUND; EXCHANGE
10.1 Refunds. No refunds for physical items are available to institutional customers. Les Libraires does not offer refunds to consumers for products purchased through the Platforms, with the exception of: (i) digital products whose files contain errors that prevent reading; and (ii) physical products in poor condition or defective. In order to obtain a refund for a product purchased through the Platforms, you must provide a receipt or proof of purchase and send the product to the Selected Bookstore to which the Order Form was assigned, at your expense, by mail to the address appearing on the Order Form. In the event that the refund is refused because the product is in good condition, is not defective or contains no error that would prevent reading, the product will be returned to you at your expense.
10.2 Returns and exchanges. Any product that is defective upon receipt may be exchanged, free of charge, for a new copy of the same product, by returning the defective product to the above-mentioned return address, accompanied by a receipt or proof of purchase.
10.3 Exception. You understand and agree that these refund, return and exchange terms and conditions apply only to purchases made with Les Libraires through the Platforms and that these terms and conditions may not apply to purchases made in-store at any of the affiliated bookstores. Please consult the websites of the affiliated bookstores for their refund, return and exchange policies. With the exception of the replacement procedure set forth in this section, Les Libraires will not accept any product returns and will not exchange or refund any product.
11. PRODUCTS; SERVICES
11.1 Colors and Images. Les Libraires uses commercially reasonable efforts to display as accurately as possible the colors and images of the products that appear on the Platforms. However, Les Libraires cannot guarantee that the display of a color on your computer screen will be accurate, nor that the product you receive will be exactly as shown on the Platforms.
11.2 In-store availability. Les Libraires makes every effort to display as accurately as possible the quantity of products available in store for immediate delivery or pickup. However, actual product availability may differ from that displayed on the Platforms.
11.3 Availability of Digital Files. Once a digital file has been downloaded for the first time, Les Libraires cannot guarantee the availability of digital files for further downloads, if these are made more than ten (10) days after purchase. The User is solely responsible for saving said files for safekeeping.
11.4 Compatibility. Les Libraires does not guarantee that the products sold in the form of digital files will be compatible with the device you use or that the file will remain compatible, in particular with your reading software and your device's operating system. You are solely responsible for verifying the compatibility of your devices with the digital products offered on the Platforms. Les Libraires offers no technical support for uses other than reading digital files purchased on the Platforms.
11.5 Limitations and Interruption. Les Libraires has the right (but not the obligation) to limit sales of its products or Services to any person, geographic region or jurisdiction. Les Libraires may exercise this right on a case-by-case basis. Les Libraires reserves the right to discontinue the sale of any product at any time.
11.6 Limitations. Les Libraires does not warrant that the quality of any product, Service, information or other material purchased or obtained by you will meet your expectations or that any errors in the Services will be corrected. User understands that bibliographic information is provided to us by third parties and that Les Libraires does not guarantee its accuracy, as it is provided for informational purposes only.
12. INTELLECTUAL PROPERTY
12.1 Trademarks. All trademarks (including words, phrases and logos) used by Les Libraires to distinguish, or so as to distinguish, its own products or Services from those of others, are the property of Les Libraires. Les Libraires' trademarks may not be used, reproduced or imitated, in whole or in part, without the prior written permission of Les Libraires.
12.2 Copyright. All original works reproduced or published on the Platforms are protected by copyright. The owner of the copyright in each work reserves all rights therein. You acknowledge that it is an infringement for any person to perform, without the consent of the copyright owner, any act that, under applicable law, only the copyright owner has the right to perform.
12.3 Other rights. The Platforms, or any part thereof, may be protected by industrial designs or patents. Les Libraires reserves all rights to the Platforms not expressly granted to a third party. You agree not to use, copy or distribute any content of the Platforms other than as permitted.
12.4 Feedback. Les Libraires shall be free to use, profit from, disclose, publish, keep secret or otherwise exploit any comments, suggestions or other ideas to improve or modify in any way the Platforms or any other product or service using a trademark owned by Les Libraires ("Feedback") without compensation or attribution to User or any person from whom such Feedback originated.
12.5 Documentation. Les Libraires may provide the User, from time to time, with documentation online or in any material form, describing the features, operation and use of the Platforms (the "Documentation"). The User understands and agrees that it may reproduce and use the Documentation only as necessary to support its use of the Platforms.
12.6 Digital works. Books and other digital files purchased on the Platforms constitute works protected by the Copyright Act. The User acknowledges and agrees to use these works only for personal, private purposes and may not charge a fee to a third-party for reading or viewing them. Any reproduction, performance or making available contrary to these purposes constitutes an infringement of copyright and may result in legal action. The User undertakes not to circumvent or otherwise interfere with technical protection measures for downloaded works.
13. USER CONTENT
13.1 Ownership of Content. As between us, you retain ownership of any text, comments, video, photos or other material you post on the Platforms (the "Content").
13.2 License to Content. By submitting Content to the Platforms, you grant Les Libraires a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable license to reproduce, publish, modify and generally use the Content in connection with the Platforms and our products and Services. You also agree to complete and sign any document that Les Libraires may reasonably require in order to give full effect to this provision. Without limiting the generality of the foregoing, Les Libraires shall have the right (but not the obligation) to use, profit from, disclose, delete, publish or otherwise exploit any comments posted about a book, article or other material available on the Platforms, including republishing content on Les Libraires' Platforms other than the one on which the content was originally posted.
13.3 Netiquette. At all times when you post Content on the Platforms, you agree not to make any statements that could be considered, in Les Libraires' sole and absolute discretion, to be: (i) abusive, defamatory, hateful, racist, xenophobic, homophobic or sexist (or any use of disrespectful language); (ii) inappropriate or focused on debates of opinion out of context; (iii) containing vulgar, obscene or malicious language; or (iv) disclosing Personal Information or confidential information of others. It is also forbidden to make any advertising or solicitation for commercial, professional, partisan or religious purposes via the Platforms.
13.4 Reproduction of a work protected by copyright. It is forbidden to reproduce, in whole or in part, on the Platforms a work protected by copyright. This includes, in particular, the reproduction in a publication of passages from a literary work, even for the purposes of parody, satire, criticism or review.
13.5 Responsibility for Content. You hereby acknowledge and agree that you are solely responsible for all Content that you post on the Platforms. Accordingly, you represent and warrant that: (i) you are either the sole and exclusive owner of the Content submitted to the Platforms, or that you have all rights, licenses, permissions and consents to grant Les Libraires rights in such Content; and (ii) neither the Content, nor your posting or transmission of the Content, nor Les Libraires' use of your Content, violates or will violate the rights of any third party, including intellectual property rights and rights of publicity, or any law or regulation, domestic or foreign.
13.6 Administration of the Platforms. Les Libraires reserves all rights with respect to the administration of the Platforms, including the right to remove without notice any Content that, in Les Libraires' sole and absolute discretion, does not comply with the rules set forth in this section. 13. Les Libraires reserves the right to delete any User account used for purposes contrary to these Terms of Use, including these rules relating to netiquette.
13.7 Review of Content. You acknowledge and agree that Les Libraires has no obligation to review Content posted by other Users on the Platforms, including in the Clubs (as defined below) or to monitor your access to or use of the Platforms, but has the right to do so, in order to ensure compliance with the Terms of Use, applicable laws, court orders, governmental or other requirements.
13.8 Content provided by third parties. Through the Platforms, you may use and/or have access to Content provided by third parties. Les Libraires cannot guarantee that such Content will be free of any material or information that you may find objectionable. Les Libraires disclaims all liability related to your access to or use of Content provided by third parties.
13.9 Complaints. In the event that you become aware that certain User Content violates any of the provisions of this section 13, Les Libraires invites you to file a complaint, which will be treated confidentially, by writing to [email protected]. Les Libraires will evaluate the merits of said complaint as soon as possible and may, at its sole and absolute discretion, decide whether or not to take action against the Content.
14. BOOK CLUBS
14.1 Creating book clubs. Through the Platforms, you may create reading groups to share your impressions, reviews and comments on books (collectively, "Clubs"). To create a Club, you must make a request through the Platforms, which request will be granted or denied by Les Libraires, in its sole and absolute discretion.
14.2 Privacy settings. When creating a Club, you must choose the privacy settings for your Club between "private" and "public". The User who has created the private Club can add other Users to his Club at any time, using the Platforms' functionalities.
14.3 Sharing of Content. All Content published in a Public Club is shared publicly on the Platforms, so that Users who are not members of that Public Club can access it. This feature does not, however, allow Users who are not members of the public Club to respond or comment on such Content, which features are reserved for members of that Club.
15. CONFIDENTIAL INFORMATION
15.1 Definition. For the purposes of this article 15, “Confidential Information" means any material, non-public information relating to Les Libraires or an affiliated bookstore (including any trade secrets), whether written or oral, and whether or not marked as confidential.
15.2 Confidentiality Obligation. The User shall keep confidential all Confidential Information of Les Libraires that Les Libraires has disclosed or made available to the User, directly or indirectly, by any means of communication or observation. The User may only use the Confidential Information for the strict purposes of its use of the Platforms. The User may not disclose any Confidential Information to any third party, except to the extent that such disclosure: (i) is permitted by these Terms of Use; (ii) has received the prior written and signed consent of Les Libraires; or (iii) is required by law.
15.3 Notice. User shall notify Les Libraires promptly and in a timely manner if User is required by law to disclose any Confidential Information or has knowledge of any unauthorized disclosure of Confidential Information.
16. HYPERLINKS; THIRD-PARTY CONTENT
16.1 Hyperlinks. The Platforms may contain hyperlinks to external websites that take you away from the Platforms (the "External Websites"). You acknowledge and agree that Les Libraires is not responsible for the availability of such External Websites, nor for the accuracy of the content, products or services available on such External Websites. Hyperlinks to External Websites do not imply any approval or endorsement by Les Libraires of such External Websites. You agree to assume all risks arising from your use of External Websites. By using the Platforms, you expressly release Les Libraires from any and all liability arising from your use of any External Websites.
16.2 Third Party Content. We may provide you with access to third party tools over which we have no control or influence. You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis without any warranties, representations or conditions of any kind and without any endorsement. You acknowledge and agree that you assume all risks arising from your use of such third-party tools. By using the Platforms, you expressly release Les Libraires from any and all liability arising from your use of any third-party tools.
17. TERMINATION
17.1 Termination by Les Libraires. To the extent permitted by law, Les Libraires may terminate or suspend your access to or use of the Platforms immediately, without notice or liability, for any reason, including breach of these Terms of Use.
17.2 Effects of Termination. Upon termination of your access or right to use the Platforms, your right to use or access the Platforms shall immediately cease.
17.3 Survival of Provisions. The provisions of this Agreement which by their nature should survive termination of this Agreement shall survive such termination, including provisions relating to Intellectual Property, Confidential Information, Limitation of Liability and Indemnification. Termination of your access to and use of the Platforms does not relieve you of any obligations prior to termination and does not limit any liability you may have to Les Libraires or any third party.
18. LIMITATION OF LIABILITY
18.1 Limitation of Liability. To the extent permitted by applicable law, Les Libraires, its affiliates, directors, employees, members, agents, licensors or successors and assigns (collectively, the "Related Persons"), shall not under any circumstances be liable to you for any interruption, suspension or inability to access the Platforms including, without limitation, in the event of breakdowns, network problems, force majeure or events beyond our control, or for any damages resulting therefrom. Les Libraires may, at any time and without notice, temporarily interrupt access to the Platforms for maintenance purposes aimed at its proper operation, without having to grant any compensation.
18.2 No Liability for Third Parties. To the fullest extent permitted by law, Les Libraires and its Related Persons, disclaim all liability for the acts, omissions or conduct of any third party user of the Platforms and Services and shall not be liable for any loss, damage or expense arising in any way from the acts, omissions or conduct of any third party user of the Platforms and Services.
19. INDEMNIFICATION
By using the Platforms, you agree to defend, indemnify and hold harmless Les Libraires and its Related Persons, from and against any and all claims, demands, damages, obligations, losses, liabilities, costs, debts, expenses (including legal fees and disbursements) and settlement payments arising out of or related to your use of the Platforms, or your violation of the Terms of Use or the rights of third parties. Les Libraires may assume the exclusive defense and control of any matter for which you have agreed to indemnify Les Libraires and you agree to assist and cooperate with Les Libraires in the defense or settlement of any such matter.
20. MISCELLANEOUS
20.1. Entire Agreement. These Terms of Use, including the Privacy Policy, supersede any prior agreements between you and Les Libraires and constitute the entire agreement between you and Les Libraires.
20.2. Assignment. You may not assign or transfer these Terms of Use and Privacy Policy or any rights or obligations hereunder.
20.3. Waiver. The failure or delay of Les Libraires to exercise any right, remedy, power or privilege under the Terms of Use shall not constitute a waiver of such right, remedy, power or privilege. To be valid, a waiver must be in writing and must be signed by Les Libraires. A written waiver of any defect shall not be construed as a waiver of any other defect or defect of like nature which may occur in the future.
20.4. Invalidity or unenforceability. Even if one or more provisions of these Terms of Use or the Privacy Policy are declared invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions of these Terms of Use or the Privacy Policy, and the Terms of Use or the Privacy Policy shall be construed as if the invalid or unenforceable provision had never been part of these Terms of Use or the Privacy Policy, as the case may be.
20.5. Headings. The headings used in these Terms of Use have no interpretative value. Their sole purpose is to facilitate consultation of the Terms of Use.
20.6. Force majeure. With the exception of obligations relating to payment, each party will be released from its obligations to the extent and for the period that it is unable or prevented from performing said obligations by circumstances beyond its control and will not be liable to the other party for any damages suffered.
21. CONTACT US
Les Libraires welcomes your comments and questions, which can be sent to [email protected].