Terms of Use

CANADIAN NATIONAL INSTITUTE FOR THE BLIND

TERMS OF USE FOR CNIB DIGITAL LIBRARY

The Canadian National Institute for the Blind (CNIB) welcomes you to the CNIB Digital Library accessible at http://www.cnib.ca/cdl. Please read the following terms of use (the Terms of Use) before using the CNIB Digital Library. By accessing and using the CNIB Digital Library you signify your consent to these Terms of Use. If you do not agree to these Terms of Use, please do not use this CNIB Digital Library.

OWNERSHIP / RESTRICTIONS ON USE

The CNIB Digital Library is owned and operated by the CNIB. Any and all content, data, graphics, photographs, images, audio, video, software, trademarks, service marks, trade names and other information (collectively the Content) contained in this CNIB Digital Library are proprietary to CNIB, its affiliates and/or third party licensors. The Content is protected by Canadian and international copyright and trademark laws.

CNIB has created this CNIB Digital Library for your personal use and enjoyment. Except as set forth herein, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content without the prior written consent of CNIB. You may print and download portions of the Content for your own non-commercial use provided you agree to maintain any and all copyright or other proprietary notices contained in such Content. Reproduction of the Content, in whole or in part, for commercial use, resale or distribution is strictly prohibited except with the prior written permission of CNIB. To obtain written consent for such reproduction, please contact

reader.services@cnib.ca.

Users understand and agree that CNIB may suspend or terminate their access or use of the CNIB Digital Library without prior notice if they engage in conduct that CNIB believes, in its sole discretion, violates any term or provision of these Terms of Use, including, without limitation, otherwise violates the rights of the CNIB or third parties or is otherwise inappropriate for continued access and use of the CNIB Digital Library.

PRIVACY

CNIB is committed to preserving and safeguarding your right to privacy. Please refer to our Privacy Policy [URL] for details as to the manner in which CNIB collects, uses and discloses your personal information on the CNIB Digital Library.

LINKING

It is CNIB's goal to provide increased value to you, our visitors. Therefore, the CNIB Digital Library may provide links and pointers to Internet sites that are owned operated and maintained by others and therefore are not affiliated with us ("Third party sites"). Please understand that such Third party sites are independent from CNIB and that CNIB has no control over the content of such websites. Consequently, CNIB cannot be held liable and makes no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the information contained therein.

The links which we might place on our CNIB Digital Library do not imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites.

We welcome any feedback that you may have concerning the Third party sites that we have linked to our CNIB Digital Library.

DISCLAIMER / LIMITATION OF LIABILITY

Use and browsing of the CNIB Digital Library is at your sole risk. If you are dissatisfied with any of the information contained on the CNIB Digital Library, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue accessing and using the CNIB Digital Library. We do not warrant that the functions contained in the materials will be uninterrupted or error-free, and/or that defects will be corrected. We do not warrant or make any representations regarding the use or the results of the use of the materials in this CNIB Digital Library in terms of their correctness, accuracy, reliability, or otherwise. You (and not CNIB) assume the entire cost of all necessary servicing, repair or correction.

THIS CNIB DIGITAL LIBRARY INCLUDING THE CONTENT AND SERVICES PROVIDED HEREIN, IS BEING PROVIDED ON AN AS IS BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. AS SUCH, CNIB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IN NO EVENT SHALL CNIB BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE CNIB DIGITAL LIBRARY OR ANY CONTENT OR SERVICES, HOWEVER SUCH DAMAGES ARE CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY WHETHER OR NOT CNIB, OUR AFFILIATES, LICENSORS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE CNIB DIGITAL LIBRARY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You specifically acknowledge and agree that CNIB and/or our affiliates are not liable for any defamatory, offensive or illegal conduct of any user. We also assume no responsibility, and shall not be liable for any damages to, or viruses or other harmful components that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the CNIB Digital Library or the server that makes it available, or your downloading of any information from the CNIB Digital Library.

INDEMNITY

You are solely responsible for and agree to indemnify and hold harmless CNIB, its affiliates, members, officers, employees, agents and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees) resulting from (a) any content you (or anyone acting under your user name) submit, post, transmit, or make available on the CNIB Digital Library and/or (b) your (or anyone acting under your user name) use of this CNIB Digital Library, connection thereto, any alleged violation by you of these Terms of Use or any violation of the rights of another.

CHANGES AND TERMINATION

CNIB reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the CNIB Digital Library (or any aspect or feature thereof), including without limitation content, hours of availability, and equipment required for access or use. Further, CNIB reserves the right to change these Terms of Use at any time and from time to time and to notify you by posting an updated version of the Terms of Use on this CNIB Digital Library. You are responsible for regularly reviewing the Terms of Use, including, without limitation, by checking the date of Last Update at the bottom of this document. Continued use of the CNIB Digital Library after any such changes shall constitute your consent to be bound by such changes, with continued provision of the use of the CNIB Digital Library constituting consideration from CNIB to you for so being bound.

MISCELLANEOUS

This agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, and the laws of Canada applicable therein, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein.

Last updated , 2003