Terms of Use

1. ABOUT THE PLATFORM

Welcome to the Reco mobile software application (the “Application”) and the Reco website (www.reco.com, the “Site”)(the Application and the Site are collectively referred to as the “Platform”). The Platform is operated by Indigo Books & Music Inc., doing business as Reco (“Reco”, “We” or “Us”). By accessing or using this Platform you, the user (“User” or “You”), confirm that You have read, understood and agree to be bound by these Terms of Use (the “Terms”).

PLEASE READ THESE TERMS 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.

You are only authorized to use this Platform if You agree to abide by all of the Terms. Your use of the Platform will signal Your acceptance of these Terms. If You do not agree with these Terms, please discontinue Your use of the Platform immediately.

2. LICENSE TO USE

Subject to these Terms, Reco hereby grants You a limited, non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device that you own or control and to run such copy of the Application solely for your own personal use. We reserve all rights in and to the Application not expressly granted to You under these Terms.

You agree to comply with all policies regarding permitted and prohibited uses of the Application as We may communicate to You from time to time. You also agree not to use the Application for the purposes of misrepresentation, fraud, illegal activities, defamation, harassment, or other activities which may violate the legal rights of others.

3. USER PROFILE

The content and features of the Application are only available to individuals who register and create a Reco account. You represent and warrant that all registration information You submit is truthful and accurate and that You will maintain the accuracy of such information. If you provide any information that is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate Your account and refuse any and all current or future use of the Application (or any portion thereof).

You are entirely responsible for maintaining the confidentiality of any information You hold for Your account, including the passwords assigned to, or chosen by You, and You are fully responsible for all activities that occur under Your account. You agree to immediately notify Reco of any unauthorized use of your password or account or any other breach of security by contacting Us at [email protected]

4. POSTINGS

The Application allows You to post, upload, communicate and/or contribute your recommendations, reviews, content, links, ideas or opinions (“Postings”).

Responsibility for Postings: You are entirely responsible for any Postings that You submit to the Application. Please be thoughtful about how you use the Application and what you share. Remember that shared or publicly available information may be used and re-shared by other users on the Application or across the web, so please use the Application carefully.

You acknowledge that by providing You with the ability to distribute Postings on the Application, We are acting as a passive conduit for such distribution. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.

Acceptable Use: Use of the Application is a privilege and Your continued use depends on Your compliance with all policies and reasonable standards of permitted and prohibited uses of the Application posted by Reco from time to time, including these Terms.

You acknowledge and agree that any Posting which is, includes or resembles any of the following is prohibited and may result in immediate termination or suspension of your Reco account:

  • is abusive, defamatory, harassing, bullying, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law;
  • is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to violations of intellectual property rights or privacy rights of a third party;
  • includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes or attempts to interfere with any user’s access to the Application;
  • uses automated means to artificially promote content or involves the transmission of unsolicited mass mailings or other forms of spam, junk mail or chain letters; or
  • promotes commercial products or services, or other sales activities, such as advertising, promotions, contests/sweepstakes, or pyramid schemes not expressly authorized by Reco.

WE RESERVE THE RIGHT TO REVOKE YOUR PRIVILEGES TO USE ALL OR A PORTION OF THE APPLICATION AND/OR TAKE ANY OTHER APPROPRIATE MEASURES TO ENFORCE COMMUNITY STANDARDS (INCLUDING DELETING YOUR POSTINGS AND/OR TERMINATING YOUR ACCOUNT) IF VIOLATIONS ARE BROUGHT TO OUR ATTENTION.

Monitoring and User Complaints: We reserve the right to monitor some, all, or no areas of the Application. Although We reserve the right to remove Postings that do not adhere to these Terms, or that are otherwise offensive or unacceptable to Us in our sole discretion, We have no obligation to delete Postings that You may find objectionable or offensive.

We invite everyone to flag and report any Postings or Reco users for review that You believe do not comply with these Terms or that may be objectionable. You can use the ‘Reporting’ functionality in the Application (‘Report this user’, ‘Report this Reco’ or ‘Report this comment’) or send an email to [email protected] outlining Your concerns. Within twenty-four (24) hours of submission, all requests for review will be processed by the Reco team and any necessary corrective actions taken, including, as determined in our sole discretion, deletion of the Posting and/or termination of the Reco user account.

Intellectual Property Rights: You may not post on the Application any Postings that You did not create or in respect of which You do not have all necessary rights to do so. Upon uploading a Posting using the Application, You represent and warrant that (i) You own or otherwise have full right and authority to upload such Posting, (ii) the Posting, or its use by Reco, does not violate any agreement, applicable law, or the intellectual property rights of others, and (iii) that the Posting does not violate these Terms. By Posting to any part of the Application, You automatically grant, and You represent and warrant that You have the right to grant, to Reco 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 Postings for the purposes of facilitating the display of such.

5. TERMINATION OF ACCOUNT

We reserve the right to cancel or terminate Your access to the Application and/or Your user account at any time for any reason, including where You have not complied with these Terms.

You agree that any termination or cancellation of Your access to, or use of, the Application may be effected without prior notice. If you do not abide by these Terms, You agree that Reco may immediately deactivate or delete Your Reco account and all related information and/or files in Your Reco account and/or bar any further access to such information and/or files and/or the Application (or part thereof). You agree that Reco shall not be liable to You or any third-party for any termination or cancellation of Your access to, or use of, the Application and/or Your Reco account.

6. MINORS

Anyone under 18 years of age is required to get consent from their parent or guardian before downloading, installing, accessing or using the Application.

7. LINKS

The Platform and Postings may contain links to third-party websites (“External Sites”), as well as content (such as copy, text, graphics, images, information, etc.) from such External Sites, but We do not review, monitor or endorse and are not responsible for the maintenance or content of any linked External Sites. Please refer to the terms of use and privacy policies of the External Sites for more information.

Users agree not to post a link to any External Site 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.

8. SITE MAINTENANCE AND INTERUPTION OF SERVICE

The Platform is subject to scheduled and unscheduled service interruptions. Reco reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that Reco will not be liable to you for any interruption of the Platform, delay or failure to perform.

9. INTELLECTUAL PROPERTY

All rights, title and interest in and to: (i) the Platform and any part thereof; (ii) text, documents, descriptions, graphics, photos, sounds, videos and interactive features on the Platform (collectively, the “Materials”), (ii) all software and technology related to the provision of the Platform (the “Software” and together with the Materials and Software, the “Platform Content”), and (iii) the trademarks and logos contained therein, including patents, copyrights, trademarks, trade names, trade secrets and other intellectual property rights, and any goodwill associated therewith, are the property of and are owned by Reco or its licensors, and may be protected by applicable copyright or other intellectual property laws and treaties. The Platform Content is provided to you on an “as is, where is” basis for Your personal use only. Except as expressly set forth herein, nothing in these Terms shall be construed as transferring any rights to You or any third party. Reco and its licensors reserve any and all rights not expressly granted in these Terms.

If You believe that any Platform Content infringes Your intellectual property rights or other rights, please notify us at [email protected]

10. DISCLAIMER OF WARRANTIES

The Platform and the Platform Content are provided on an “as is, where is” basis. Reco, its subsidiaries and affiliates, and each of their directors, officers, employees and agents (the “Reco Parties”) make 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 Platform or the Platform Content. Reco 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 Platform, You expressly acknowledge that the Reco Parties make no warranties, representations or conditions regarding the Platform and the Platform Content including, but not limited to, currency, accuracy, or completeness.

11. NO LIABILITY

You agree and acknowledge that the use of the Platform is entirely at Your own risk. Your sole and exclusive remedy for dissatisfaction with the Platform is to stop using the Platform.

In no event will the Reco Parties be liable for special, indirect, punitive, exemplary, or consequential damages, including without limitation lost profits, revenues or savings, or loss of data, arising out of or relating to these Terms, even if any Reco Party has been advised of the possibility of such damages in advance. In no event shall the total cumulative liability of the Reco Parties for direct damages arising rising out of or in connection with Your use of the Platform, these Terms or relating thereto, exceed, the total the amount you have paid for the Application. Because some jurisdictions do not allow the exclusion or limitation of liability for negligence, consequential, incidental or other damages, in such jurisdictions the Reco Parties’ liability is limited to the greatest extent permitted by applicable law.

12. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Reco Parties from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including reasonable legal fees) arising or resulting from (i) Your breach of these Terms; (ii) Your access to, use, or misuse of the Platform; (iii) Your violation of any third party right, including without limitation any intellectual property or privacy right; or (iv) any claims brought against the Reco Parties by a third party as a result of your acts or omissions, including any Posting or the content of such Posting.

13. PRIVACY

We respect Your privacy, as explained in our Privacy Policy, which is incorporated by reference into these Terms.

14. GENERAL

Governing Law.

To the extent permitted by law, these Terms, your use of the Platform and its operation shall be governed by the laws of the Province of Ontario and the applicable federal laws of Canada. 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.

Arbitration; Class Action Waiver.

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: (i) these Terms; or (ii) the relationships which result from these Terms (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.

Legal Fees.

The prevailing party in any litigation in connection with these Terms will be entitled to recover from the other party its costs and reasonable legal fees and other expenses.

Entire Agreement.

These Terms, together with the Privacy Policy, is the entire agreement between You and Reco relating to the subject matter herein.

Modification of Terms.

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms at any time. If we make changes, we will post the amended Terms to the Site and communicate the changes to You via email or send you a notice on the Application via push notification, according to your account preferences. . Your continued use of the Application after any such changes constitutes Your acceptance of the revised Terms. If you do not agree to any of these terms or any future Terms, your sole and exclusive remedy is to stop using the Platform.

Severability.

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.

No Assignment.

Your rights and obligations under the Terms are not assignable, but may be assigned by Reco without restriction or notification to you. Any attempted or actual assignment thereof by You will be null and void without Reco’s prior and explicit consent in writing.

Language.

The parties acknowledge and agree that they have required that these Terms be prepared in the English language. Les parties aux présents reconnaissent avoir exigé que cette entente et tous autres documents envisagés par les présents soient rédigées en anglais.

15. CONTACT US

Please contact us with any question or concerns at [email protected]