Terms of Use/End User License Agreement
Book Depot Inc. (“Book Depot,” “we,” “us” or “our”) owns and operates the sparkbookfairs.com and sparkbookfairs.ca, web sites (each a “Site”) The following Terms of Use/End User License Agreement (“TOU”) govern your use of the Site. Other sites, apps, social media accounts, or other content owned or controlled by Book Depot may have their own terms of use and/or end user license agreement and should be reviewed.
IMPORTANT- READ CAREFULLY: By accessing or using the Site including, but not limited to, setting up an account on the Site, you agree to be bound by these TOU. These TOU are a legal contract between you and Book Depot and govern your access to and use of the Site together with any services offered on or through the Site. If you do not agree to be bound by these TOU, you are not authorized to use the Site. Your rights to use the Site are limited by applicable federal, state, provincial and local laws and regulations in the United States and/or Canada.
Book Depot may offer other promotions, such as sweepstakes or contests that have their own terms of use or rules. If any portion of these TOU conflict with the special terms of use or rules for any such Book Depot promotion, the conflicting portion of the special terms or rules will govern for that specific promotion unless stated otherwise.
Any purchases made through the Site are governed by additional terms found here:
The Site is intended for adults 18 years of age or older or who are of the age of majority in their jurisdiction of residence. By accessing the Site, you represent that you are 18 years of age or older.
US Residents only: In accordance with 47 U.S.C. § 230, parents should be aware that there are parental control protections (such as computer hardware, software, or filtering services) that are commercially available and may assist them in limiting access to material that is harmful to minors. Examples of some of these protection services include Bark, Qustodio or NetNanny. Please note that Book Depot in no way endorses or is responsible for these services.
The Purpose of the Site
The intended purpose of the Site is to provide visitors with information about Book Depot’s wide selection of bargain books, book subscription box services, and games, toys, puzzles and reading accessories. The Site also is intended to let visitors purchase our products or enroll in our services.
Any content made available on the Site is provided for informational and transactional purposes only. You agree that you will only use the Site for their intended purposes, and not for other commercial ventures without first seeking approval from Book Depot.
You may not use any content on the Site to establish any independent data files, databases, compendiums, or any other reference materials.
By using the Site, you may need to interact with other visitors or users of the Site. You are solely responsible for any such interaction and agree to do so in a manner that is legal, respectable, and consistent with these TOU. Book Depot is not responsible for the conduct of any other user who may interact with you, regardless of whether or not it is done through the Site.
Any and all content and services on the Site are subject to availability. Any and all use of the Site is done at your own risk. Book Depot will try its best to make content on the Site useful, but Book Depot does not warrant that any content on the Site will be accurate or reliable.
Changes to You
Book Depot reserves the right to modify these TOU at any time without prior notice. You should visit the Site from time to time to review and ensure you agree with the current version of these TOU. By continuing to use the Site after any changes to these TOU are made, you agree to be bound by such amended TOU. Book Depot will highlight any change to these TOU for 30 days after such change(s) is/are made.
License
Book Depot hereby grants you a revocable and nonexclusive right and license to use and access the Site (including any underlying software) in a manner that is consistent with the other terms in these TOU and the intended purposes of the Site. Book Depot reserves the right to terminate this License for any or no reason and at any time without notice to you including, but not limited to, for breach of any term contained in these TOU.
Intellectual and Other Property
Except for any copyright protected artwork, text, or other creative materials contained in the books or products we sell, which remain the property of the respective authors and/or publishers, or except as specifically noted elsewhere, all other content on the Site is the property of Book Depot including, but not limited to, all marks, logos, names, text, data, messages, documents, pictures, images, video, audio, graphics, links, software and its underlying code, domain names, or any other electronic content or files (collectively referred hereafter as “Book Depot Content”).
Certain elements of the Site including, but not limited to, text, graphics, photos, images, video, audio, color selections and/or web site organization and layout, are copyright protected under United States, Canadian and international copyright laws and treaty provisions. Any Book Depot Content that is protected by intellectual property laws may not be copied, republished, posted, modified, edited, transmitted, distributed, used to create derivative works of, or reverse engineered without permission, except that you may print out one copy of each page on the Site solely for personal, non-commercial use. No right, title or interest in any of the Book Depot Content is transferred to you as a result of you accessing, downloading or printing such Book Depot Content from the Site. Any use of Book Depot Content must display the appropriate copyright, trademark and other proprietary notices.
You acknowledge that you have no right, title or interest in or to the Site or any Book Depot Content.
BOOK DEPOT, BOOK DEPOT with design, THE LARGEST SELECTION PAYS, BOOK OUTLET, BOOK OUTLET with design, READ-ICULOUSLY LOW PRICES, LILLYPOST, BOOKS FOR LITTLES, ONE BOX, ONE BOOK and ENCHANTING THE MIND, SPARK BOOK FAIRS , KIDSBOOKS.COM are trademarks owned by Book Depot. Other marks, names and logos on the Site may be the property of their respective owners.
There may be other content on the Site not owned by Book Depot, and you should respect those property rights as well. All rights not expressly granted herein are reserved to Book Depot.
Product and Service Availability
Additional terms of product and service availability are found in our Help Center.
Links to Third-Party Site
The Site may contain links to external web sites, apps, social media platforms or other online services not controlled by or affiliated with Book Depot. If you use these links, you will leave the Site. Book Depot provides these links to you only as a convenience. Book Depot is not responsible for the content at such linked third-party locations or services including, without limitation, any links displayed on such web sites, apps or other services. Your access and use of any linked third-party locations or services is at your own risk.
The display of any links are not meant to imply that Book Depot guarantees, approves, recommends or endorses the linked third-party locations or services or any information, content or products available on those linked web sites, apps or other services. The links are not meant to indicate any association with Book Depot. Book Depot is not responsible or liable for any linked third-party locations or services, nor does Book Depot warrant that such third-party locations or services or any information available through such locations or services are current, accurate, or error-free. If you access or use any linked web sites, apps, or other third-party services, you will be subject to the terms of use, privacy policy, and other terms or policies applicable to those third-party locations or services. You should consult the applicable third-party terms and policies to make sure you agree with them before using any third-party service.
Book Depot may also allow interaction between the Site and other third-party services such as Facebook, Twitter, Instagram, YouTube, and other social media platforms. This may include “Like” or “Share” buttons or other interactions through third-party buttons or plugins on the Site that when used, may allow you to share content from the Site with other persons on or through the third-party services or elsewhere. Please consult the privacy policies of these third-party services before using them to make sure you are comfortable with the level of sharing that will take place once you interact with them. Book Depot is in no way liable for any harm to you as a result of using one of these interactive functions.
Other Prohibited Conduct
In connection with your access to and/or use of the Site or any related services, you agree not to:
- Violate any federal, provincial, state, or local laws or regulations.
- Discuss, incite, or promote illegal activity.
- Upload or post anything that imposes an unreasonable or disproportionately large strain on Book Depot’s network or computer infrastructure.
- Upload or post any inappropriate or offensive content or language.
- Use any automated technology such as a robot, spider, or scraper to access, scrape, or data mine the Site.
- Engage in any behavior that attempts to hack into or gain unauthorized access to protected areas of the Site or Book Depot’s computers, servers or networks, or to any computers or systems used by other users of the Site.
- Use the Site in a manner that could destroy, damage, or impair any portion of the Site or any computers, systems, hardware, or software used by Book Depot or other users of the Site.
- Make unauthorized attempts to modify any information stored on the Site.
- Make attempts to defeat or circumvent security features, or to use the Site for any purpose other than their intended purposes.
- Upload or post any unsolicited or unauthorized advertising or promotional materials, spam emails, chain letters or communications, pyramid schemes, or any other form of such solicitations.
- Provide false or misleading information through the Site including, but not limited to, when signing up for an account on any of the Site.
- Use the Site to send spam or unsolicited bulk email.
The previous list of prohibitions is not exclusive. Book Depot reserves the right to terminate your access to the Site or any related services for any reason.
By accepting these TOU, you waive and hold Book Depot harmless from any claims resulting from any action taken by Book Depot during or as a result of any investigation and/or from any actions taken as a consequence of investigations by either Book Depot or law enforcement related to your use of the Site.
Indemnity
You agree to indemnify, defend and hold Book Depot, its affiliates and their respective officers, directors, employees, agents, licensors, representatives, attorneys, business partners and any party involved in the creation, production or transmission of the Site (“Indemnified Parties”) harmless from and against any and all claims, demands, losses, costs, damages, liabilities, judgments, awards and expenses (including attorneys’ fees, costs of defense, and direct, indirect, punitive, special, individual, consequential, or exemplary damages) that Book Depot or any of the Indemnified Parties suffer in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that relates to your use of the Site and/or any goods or services offered on or through the Site, your breach of these TOU, the use of the Site by any person using your account, or any violation of any applicable law or regulation by you. Your indemnification obligations shall survive the termination of these TOU.
Disclaimer of Warranties
YOUR USE OF THE SITE IS AT YOUR OWN RISK.
TO THE EXTENT PERMITTED BY LAW, BOOK DEPOT AND THE OTHER INDEMNIFIED PARTIES MAKE NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE OR ANY GOODS OR SERVICES AVAILABLE ON OR THROUGH THE SITE.
TO THE EXTENT PERMITTED BY LAW, THE INDEMNIFIED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SECURITY, COMPLETENESS, TIMELINESS, APPROPRIATENESS, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUSES, TITLE, AND NON-INFRINGEMENT.
THIS DISCLAIMER OF WARRANTIES APPLIES TO THE SITE, THEIR CONTENT, AND ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE SITE. TO THE EXTENT PERMITTED BY LAW, THE INDEMNIFIED PARTIES DO NOT WARRANT THAT THE SITE WILL FUNCTION CORRECTLY OR THAT CONTENT WILL BE UNINTERRUPTED, TIMELY OR SECURE.
TO THE EXTENT PERMITTED BY LAW, THE INDEMNIFIED PARTIES DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE SITE OR ANY CONTENT, THAT THE SITE OR THEIR CONTENT WILL BE ERROR-FREE, THAT ANY ERRORS ON THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THEIR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE EXTENT PERMITTED BY LAW, THE SITE, INCLUDING ANY GOODS, SERVICES, CONTENT OR INFORMATION AVAILABLE THROUGH THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
YOU ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIRS IN THE EVENT YOU EXPERIENCE ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE. TO THE EXTENT PERMITTED BY LAW, THE INDEMNIFIED PARTIES MAKE NO WARRANTIES THAT YOUR USE OF THE SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUME NO LIABILITY FOR SUCH INFRINGEMENT.
Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL BOOK DEPOT OR ANY OF THE OTHER INDEMNIFIED PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, ACTUAL OR OTHER DAMAGES SUCH AS LOSS OF REVENUE OR INCOME, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES, EVEN IF BOOK DEPOT OR ANY OF THE INDEMNIFIED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF: (1) THE USE OR INABILITY TO USE THE SITE OR ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE SITE; (2) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (3) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR INACCURACIES ON THE SITE; AND/OR (4) ANY OTHER MATTER RELATING TO THE SITE OR ANY GOOD OR SERVICE OFFERED ON OR THROUGH THE SITE, INCLUDING ANY LINKS ON THE SITE.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF BOOK DEPOT OR THE INDEMNIFIED PARTIES TO ANY PARTY EXCEED THE GREATER OF $100.00 USD OR THE AMOUNT YOU PAID TO BOOK DEPOT AND/OR THE INDEMNIFIED PARTIES FOR THE APPLICABLE GOOD OR SERVICE OUT OF WHICH THE LIABILITY AROSE, REGARDLESS OF THE TYPE OF ACTION WHETHER IN CONTRACT, TORT, OR OTHERWISE.
IF YOU ARE DISSATISFIED WITH THE SITE, THESE TOU, AND/OR ANY GOOD OR SERVICE OFFERED ON OR THROUGH THE SITE, TO THE EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND/OR THE APPLICABLE GOOD OR SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN WHICH CASE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN ANY EVENT, THE LIMITATIONS IN THESE TOU WILL APPLY TO THE FULLEST EXTENT ALLOWED UNDER THE LAW.
ALL PROVISIONS IN THESE TOU ARE APPLICABLE TO THE EXTENT PERMITTED BY LAW.
Account Protection
In order to perform certain actions on the Site, you will need to set up an account with a user name and password. You are responsible for maintaining the confidentiality of your password and user name, and agree to notify Book Depot if your password is lost, stolen, disclosed to an unauthorized party, or otherwise may have been compromised. You are responsible for all activities that occur under your account. You may only set up an account in your own name. You agree to immediately notify Book Depot at [email protected] of any unauthorized use of your account or any other breach of security in relation to the Site known to you. If Book Depot suspends or terminates your account under these TOU, you acknowledge that all information and content associated with such account will no longer be available to you.
You may cancel your account at any time by contacting [email protected].
Geographic Limitation
Book Depot operates the Site from its headquarters in Ontario, Canada and each Site is intended only for users within the United States and Canada. If you use the Site outside the United States or Canada, you are responsible for following your applicable local laws and determining, among other things, whether your use of the Site violates any local laws. By using the Site, you agree and acknowledge that information about you, including personally identifiable information, may be transmitted to, processed in and stored in the United States and/or Canada.
Comments and Feedback from California Residents
In compliance with your rights under California Civil Code Section 1789.3, California residents have the right to contact Book Depot with any complaints or to seek additional information. You may email Book Depot at [email protected]. You may also call
Privacy Policy
Your use of the Site is also governed by the Privacy Policy located at 67 Front Street North, Thorold, Ontario, Canada L2V 1X3 The Privacy Policy for the Site is incorporated by reference into these TOU.
Miscellaneous
Book Depot does not represent that any content on the Site is completely accurate, and therefore any reliance on such content is done at your own risk. ANY RELIANCE ON ANY OPINIONS OR RECOMMENDATIONS OFFERED ON THE SITE IS DONE AT YOUR OWN RISK.
Book Depot does not guarantee or promise that any opinions or recommendations on the Site are helpful or reliable.
YOU AGREE THAT BOOK DEPOT IS NOT LIABLE to you or anyone else for any harm that might arise as a result of using or implementing in any manner any of the opinions or recommendations found on the Site.
Book Depot is not responsible for any harm or damages of any kind that may occur to you due to any glitches, hacks, breaches, or any other unauthorized access to Book Depot’s computer or network systems, including any Book Depot hardware or devices, that may or may not result in the disclosure of personally identifiable information you provided to us.
YOU AGREE that any and all disputes relating to these TOU, the Site, your use of the Site, and/or any goods or services offered on or through the Site, are governed by, and will be interpreted in accordance with, the laws of Ontario, Canada without regard to any conflict of laws provisions.
YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT to submit to the exclusive jurisdiction of the courts of Ontario, Canada for any litigation arising out of or relating to these TOU, the Site, the use of the Site, and/or any goods referenced or services offered on or through the Site.
YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT to waive any objection to the venue of any such litigation in Ontario, Canada courts
YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY AGREE not to plead or claim in any Ontario, Canada court that such litigation brought therein has been brought in an inconvenient forum.
If any part of these TOU is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these TOU, all of which will remain in full force and effect to the extent permitted by law.
Unless otherwise noted, these TOU constitute the entire agreement of the parties with respect to the Site and supersede all prior communications, promises and proposals, whether oral, written, or electronic, between you and Book Depot with respect to the Site.
The TOU is drawn in the English language only. Les parties aux présentes confirment leur volonté expresse que cette convention soit rédigée en langue anglaise seulement.
If you violate any portion of these TOU, Book Depot reserves the right, without an obligation to do so, to deny you access to the Site. If Book Depot terminates your access to the Site, Book Depot may also delete your account. Book Depot reserves the right to terminate any password-restricted account for any reason.
Book Depot’s failure to enforce any portion of these TOU is not a waiver of such portion.
The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, and any other relevant language that is meant to remain in effect after these TOU end shall survive the termination of these TOU.
Book Depot reserves the right, without notice or reason, to take down or terminate the Site, or otherwise revoke any and all access granted to you related to the Site. You agree that Book Depot is not liable to you or any other third party for this action.
Book Depot does not assume any liability or responsibility for your use of the Internet or the Site including, but not limited to, any change your computer, device, or related systems may sustain as a result of accessing the Site.
Certain software elements of the Site and any services related to the Site may be subject to U.S. export laws and controls. No software may be downloaded or exported to any country or foreign citizen that is under a U.S. embargo or that would otherwise violate U.S. law or regulations.
If you need to contact Book Depot for any reason not already specified in these TOU, please use the following contact information:
Email:
Phone:
Mail:
Book Depot, Attn: Compliance
67 Front Street North
Thorold, Ontario
Canada, L2V 1X3
