Terms of Use

Last updated on January 20, 2011.

Welcome to Indigo's website and social utility (collectively, "chapters.indigo.ca" or the "Website"). The Website is operated by Indigo Books & Music Inc. (“Indigo" or "We", as further defined below). By accessing or using the Website or by posting a link on any website(s) owned or operated by or on behalf of you ("You" or "Your"), You signify that You have read, understand and agree to be bound by these terms of use (these "Terms of Use" or this "Agreement"), whether or not You are a registered member of the Website. You are only authorized to use the Website (regardless of whether Your access or use is intended) if You agree to abide by all applicable laws and to this Agreement. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If We do this, we will post the changes to these Terms of Use on the Website. Your continued use of the Website after any such changes constitutes Your acceptance of the revised Terms of Use. Except where stated otherwise, the terms "Indigo" and "We" used on the Website and in this Agreement shall be deemed to include Indigo Books & Music Inc. and its affiliates, subsidiaries, successors and assigns.

If You do not comply with this Agreement at any time, We reserve the right to cancel or terminate Your access to the Website (or any part thereof) and/or Your user account, if any. In Indigo's sole discretion and without prior notice or liability, We may discontinue, modify or alter any aspect of the Website including, but not limited to, (i) restricting the time the Website is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the Website. You agree that any termination or cancellation of Your access to, or use of, the Website may be effected without prior notice. If You do not abide by the terms of this Agreement, You agree that we may immediately deactivate or delete Your user account, if any, and all related information and/or files in Your user account and/or bar any further access to such information and/or files and/or the Website (or part thereof). Further, You agree that We shall not be liable to You or any third-party for any termination or cancellation of Your access to, or use of, the Website. You acknowledge that Your only right with respect to any dissatisfaction with any modification or discontinuation of or to the Website, or any policies or practices by Indigo in providing the Website, including without limitation any change in content, is to cease using the Website and cancel or terminate Your subscription or registered user account, as applicable. Although Indigo does not constantly monitor the Website, it nevertheless expressly reserves the right to do so.

From time to time, We may supplement this Agreement with additional terms and conditions pertaining to specific content, activities or events ("Additional Terms"). Such Additional Terms may be placed on the Website to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into this Agreement.

If You are an employee of Indigo, in addition to these Terms of Use please note that Your use of the Website as an employee must at all times also be consistent with the Indigo Books & Music Inc. (Indigo) Code of Conduct contained in the Employee Handbook and other related statements, policies and procedures that Indigo may implement from time to time.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Indigo controls chapters.indigo.ca from its offices within the Province of Ontario, Canada. The Website can be accessed from all provinces and territories of Canada and from other countries around the world. As each of these jurisdictions have laws that may differ from those of the Province of Ontario, by accessing the Website, You agree that all matters relating to access to, or use of, the Website, or any other hyperlinked website, shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. You also agree and hereby submit to the non-exclusive personal jurisdiction and venue of the courts of the Province of Ontario and acknowledge that You do so voluntarily and are responsible for complying with all local laws.

Registered Users

Certain portions, components, content and features of the Website are only available to individuals who register with Indigo and create a user account on the Website (each, a "Registered User"). If you are a Registered User then You agree to the following:


Acceptable Use Policy

You must comply with all policies regarding permitted and prohibited uses of the Website that may be posted by Indigo on the Website from time to time (collectively, the "Acceptable Use Policy" or "AUP") as currently specified at http://www.chapters.indigo.ca/Community-Acceptable-Use/AcceptableUse-art.html and in accordance with Indigo's privacy policy (the "Privacy Policy"), currently specified at http://www.chapters.indigo.ca/Privacy-Policy/priv-art.html. You agree that You will regularly read and familiarize yourself with the AUP and Privacy Policy.

Your privilege to use the Website (including the Indigo Community) and contribute to discussions on the Indigo Community depends on Your compliance with the community standards and AUP. We may revoke Your privileges to use all or a portion of the Website and/or take any other appropriate measures to enforce community standards and the AUP if violations are brought to our attention. Further, if you fail to adhere to the community standards and the AUP, We may terminate, in Indigo's sole discretion, Your use of, or participation in, the Indigo Community. For the purposes of this Agreement, the term "Indigo Community" means any chat room, message board, bulletin board, book review exchange or similar activity where You and other users of the Website can communicate.

All Indigo Community communications, including, but not limited to, chat and message board communications, are public and not private communications. We reserve the right to monitor some, all, or no areas of the Website (including any Indigo Community) for adherence to the community standards and the AUP or for any other purpose. You acknowledge that by providing you with the ability to distribute Submissions (as defined below) in the Indigo Community, We are acting as a passive conduit for such distribution and We are not undertaking any obligation or liability relating to any Submissions or activities in the Indigo Community. Although We reserve the right to remove, without notice, any Indigo Community posting for any reason, We have no obligation to delete Submissions that You may find objectionable or offensive.

If there is any conflict or inconsistency between these Terms of Use and the Acceptable Use Policy and any rules, policies or guidelines posted on the Website, these Terms of Use will prevail.

You are responsible for any content, emails, postings, offers, software, videos, photos, text, graphics, music, sounds, questions, creative suggestions, messages, feedback, ideas, recipes, notes, drawings, articles, stories or other information, data, materials and opinions (including, without limitation any postings on community forums) that You may provide, email, post, upload or otherwise transmit to the Website (“Submissions”). You may not post to the Website any Submissions that you did not create or in respect of which You do not have all necessary rights to do so. Upon posting a Submission to the Website, You represent and warrant that You own or otherwise have full right and authority to post such Submission and that such Submission does not violate these Terms of Use, the AUP or Privacy Policy. Except as provided in the Privacy Policy, none of the Submissions shall be subject to any obligation of confidence on Indigo's part, and We shall not be liable for any use or disclosure of any Submissions.

By posting Submissions to any part of the Website, You automatically grant, and You represent and warrant that You have the right to grant, to Indigo an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, modify, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part),distribute, prepare derivative works of or incorporate into other works such Submissions for the purposes of facilitating the display and the display of such Submissions on the Website or the marketing or promotion of the Website, Indigo or other works on the Website (the “Permitted Purposes”) and, in connection with the foregoing, You waive in favour of Indigo, its licensees, successors and assigns, any and all moral rights You may have in Your Submissions in connection with a Permitted Purpose. Without limiting the foregoing, You acknowledge and agree that all or any portion of Your Submissions may be used, edited, reformatted, copied, saved, reproduced, published, translated, sublicensed, copied and distributed and/or incorporated by Indigo into other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Submissions, without compensation of any kind to You in connection with a Permitted Purpose. When You post Submissions to the Website, You also authorize and direct Indigo to make such copies thereof as We deem necessary in order to facilitate the posting and storage of the Submissions on the Website.

As between You and Indigo, subject to the rights, licenses and waivers granted by You to Indigo in this Agreement, You retain full ownership of all your Submissions and any intellectual property rights associated with Your Submissions. You agree to defend, indemnify and hold Indigo, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, threatened or actual claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with any of Your Submissions.

All content on the Website, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of Indigo, its users or its licensors with all rights reserved. No Site Content, other than Your own Submissions that you legally post on the Website, may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Indigo's prior written permission. Provided that You are eligible for use of the Website and subject to these Terms of Use, You are granted a limited license to access the Website and the Site Content and to download or print a copy of any portion of the Site Content to which You have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright and other proprietary notices intact. Except for Your own Submissions, You may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. The foregoing license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Website or the Site Content other than as specifically authorized herein, without the prior written permission of Indigo, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trade-mark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

Indigo Books & Music Inc., Indigo Books Music and More, Chapters, chapters.indigo.ca, Chapters Indigo Online and related words, domain names and logos are trade-marks and the property of Indigo. All other trade-marks, product names and company names or logos cited herein are the property of their respective owners.

The material contained on chapters.indigo.ca, including all portions of the Website, content, site design, text, graphics, and the selection and arrangement thereof are Copyright Indigo Books & Music Inc., except as otherwise expressly provided herein. ALL RIGHTS RESERVED.

The Website contains (or You may be sent through the Website) links to other websites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Indigo, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If You decide to leave the Website and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, You do so at Your own risk and You should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which You navigate from the Website or relating to any applications You use or install from the Website.

Users posting a link to the Website on a Third Party Sites must ensure they do not contain any web content that if shared or posted by a User would be a violation of the User conduct rules set forth above. Without limiting the forgoing, Users agree not to post a link to any website that contains, and represent and warrant that any such website does not and will not contain, 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 Indigo or its Users to any harm or liability of any type. Upon including of a link, Users agree to defend, indemnify and hold Indigo, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with any links, content, or other items or materials which may be shared or posted through links, or any breach or alleged breach of the foregoing representations and warranties.

By including a link to the Website on a Third Party Site, User automatically grants, and represents and warrants that it has the right to grant, to Indigo an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use the Website in order to link to, use, copy, publish, stream, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), summarize, and distribute the content, links and other materials of any kind residing on any web pages on which User places the link.

THE WEBSITE AND THE INFORMATION OR MATERIALS HEREIN ARE PROVIDED ON AN "AS IS, WHERE IS" BASIS. INDIGO MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, OR ARISING BY STATUTE, USAGE OR TRADE, CUSTOM OR OTHERWISE, OF ANY KIND WITH RESPECT TO THE WEBSITE OR THE SITE CONTENT. INDIGO DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, OR ARISING BY STATUTE, USAGE OR TRADE, CUSTOM OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BY USING OR ATTEMPTING TO USE THE WEBSITE, THE USER EXPRESSLY ACKNOWLEDGES THAT INDIGO MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS REGARDING THE SITE CONTENT INCLUDING BUT NOT LIMITED TO CURRENCY, ACCURACY OR COMPLETENESS; AND (ii) AS A SERVICE TO USERS OF THE WEBSITE INDIGO INCLUDES LINKS TO THIRD PARTY SITES OVER WHICH INDIGO HAS NO CONTROL. INDIGO PROVIDES NO ENDORSEMENT OR REPRESENTATION OF ANY KIND REGARDING THE PRODUCTS, SERVICES, CONTENT OR APPROPRIATENESS OF CONTENT OF SUCH THIRD PARTY SITES, AND THE USER HEREBY IRREVOCABLY WAIVES ANY CLAIM AGAINST INDIGO WITH RESPECT TO SUCH THIRD PARTY SITES.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE REPORTS FILED BY INDIGO BOOKS & MUSIC INC. WITH THE SECURITIES REGULATORY AUTHORITIES OF EACH PROVINCE OF CANADA AND LISTED ON THE WEBSITE AND/OR LINKED TO THE WEBSITE SPEAK ONLY AS OF THE RESPECTIVE DATES ON WHICH THEY ARE FILED OR USED BY INDIGO. THE CONTENTS OF THOSE REPORTS CAN BECOME OUT-OF-DATE. INDIGO MAKES NO COMMITMENT, AND DISCLAIMS ANY DUTY, TO UPDATE ANY OF THOSE REPORTS.

EXCEPT AS SPECIFICALLY STATED ON THE WEBSITE, NONE OF INDIGO OR ANY OF ITS RESPECTIVE DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE, OR ANY HYPERLINKED WEBSITE. 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.

PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

WHILE WE TAKE GREAT CARE TO ENSURE OUR ADVERTISING IS ACCURATE, MISTAKES MAY OCCUR. WHEN A MISTAKE IS NOTICED WE WILL CORRECT IT AS SOON AS POSSIBLE AND WILL NOTIFY CUSTOMERS WHO ARE AFFECTED. WHERE NECESSARY, AN ORDER MAY BE CANCELLED PRIOR TO SHIPPING THE PRODUCT. ALL PRICES QUOTED ARE IN CANADIAN DOLLARS.

INDIGO RESERVES THE RIGHT TO LIMIT QUANTITIES.

Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or relating to: (a) these Terms of Use; or (b) the relationships which result from these Terms of Use (collectively, the "Claim") will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us.

In any action against us arising from the use of the Website, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable legal fees.

If any provision of these Terms of Use 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. This Agreement, together with the AUP, Privacy Policy and any Additional Terms, is the entire agreement between You and Indigo relating to the subject matter herein.

We may assign our rights and obligations under this Agreement. This Agreement will inure to the benefit of our successors, assigns and licensees. 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.

Please review the Help section for further information or submit inquiries to the Online Community Administrator here.