Introduction
Welcome to Express online streamed reading program.
These terms and conditions (“Terms and Conditions”) govern your access
to and use of this website, including any content, functionality and
services offered by us on or through this site (such content, services
and the site are collectively referred to as the “Express Service”).
The Express Service is operated by RK Publishing Inc. (“RK Publishing”,
“us”, “our” or “we”), which is located at 3089 Bathurst Street, Suite
308, Toronto, Ontario, M6A 2A4. E-mail:
frenchtextbooks@rkpublishing.com
BY USING THE EXPRESS SERVICE AND WEBSITE, YOU ACCEPT AND AGREE TO BE
BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS, WHICH INLCUDE OUR
PRIVACY POLICY.
Content and License
Upon your access of the Express Service using a valid username
(generally an email address) that was provided to you by us, or by a
school or school board authorized to do so, and upon entering your
valid password, we provide you with a non-exclusive license to view and
display the readers and other content on the Express Service for as
long as your account remains active.
All content that is made available by us to you on the Express Service
is licensed and not sold to you.
The content that is made available to you, as well as the period of
time during which they will be available, are determined by you, your
school or your school board, based on the separate license and
agreement that you, your school or school board has entered into with
us (the “Purchase Order”). Note that the Purchase Order may not be
terminated by the purchaser prior to the expiry of the subscribed-for
term and is non- refundable.
Depending on the terms set out in the Purchase Order, the Express
Service may permit you to create educator accounts under the Express
Service and to issue usernames and passwords to, and authorize access
of the Express Service by your educators.
The number of educator accounts that you are permitted to create at any
given time, the content that you are permitted to make available to
each educator under his or her account, and the length of time that
such content will remain available for access by an educator, are
determined by the terms of the applicable Purchase Order.
The information and material on the Express Service may be changed,
withdrawn, or
terminated at any time in our sole discretion without notice. We will not
be liable if, for any reason, all or any part of the Express Service is
restricted to users or unavailable at any time or for any period.
Your use of the Express Service and Security
The security of your personal information is very important to us. We use
physical, electronic, and administrative measures designed to secure your
personal information from accidental loss and from unauthorized access,
use, alteration, and disclosure.
The safety and security of your information also depends on you. Users are
responsible for obtaining their own access to the Express Service.
Any username, password, or any other piece of information chosen by you, or
provided to you as part of our security procedures, must be treated as
confidential, and you must not disclose it to any other person or entity.
Your account is personal to you and you agree not to provide any other
person with access to the Express Service or portions of it using your
username, password, or other security information. You agree to notify us
immediately of any unauthorized access to or use of your username or
password or any other breach of security.
Privacy
RK Publishing collects your name and email address.
By using the Express Service you are also consenting to the use of cookies
which allow a server to recall previous requests or registration or IP
addresses to analyze website use patterns. You can set your browser to
notify you before you receive a cookie, giving you the chance to decide
whether to accept it. You can also set your browser to turn off cookies. If
you do, however, some areas of the Express Service may not function
adequately.
Except as set out above, we will never disclose any of your personal
information to any person.
Information provided to us may be stored on servers outside the country in
which you live.
RK Publishing may collect non-personal information that does not directly
or indirectly reveal your identity or directly relate to an identifiable
individual, such as statistical or aggregated information. Statistical or
aggregated data does not directly identify a specific person, but we may
derive non-personal statistical or aggregated data from personal
information. For example, we may aggregate personal information to
calculate the percentage of users accessing a specific Express Service
feature.
RK Publishing may also collect certain technical information, including
login information, browser type and version, time zone setting, browser
plug-in types and versions, operating system and platform, or information
about your internet connection, the equipment you use to access our Express
Service, and usage details.
We welcome your questions, comments, and requests regarding our privacy
policy and our privacy practices. Please contact us at
frenchtextbooks@rkpublishing.com
Intellectual Property Rights and Ownership
The Express Service and its entire contents, features, and functionality,
are owned by RK Publishing or its licensors and are protected by
intellectual property laws including without limitation, copyright,
trademark and other proprietary rights.
You may only use the Express Service for your own personal and
non-commercial use. You may not sell, rent, lease, distribute, reproduce,
compile for an internal database,
distribute, modify, publicly display, publicly perform, republish,
download, store, or transmit
any of the content on our Express Service, in any form or medium whatsoever
except as expressly contemplated by the Express Service.
For greater clarity, given that any Personal Recordings made by you or your
educators are recordings of licensed written content provided by us to you
under license, you may not under any circumstances download, store,
transmit or post copies of Personal Recordings. All Personal Recordings
must remain on the Express Service.
By making a Personal Recording, you grant us and our licensees, successors,
and assigns the right to a world-wide, royalty free, perpetual,
irrevocable, non-exclusive licence to reproduce and store the Personal
Recordings as a part of the Express Service, and to perform and play back
those Recordings to educators, your school and school board, as the case
may be, for the purposes expressly contemplated by this Agreement and the
Express Service.
Geographic Restrictions
RK Publishing and the Express Service is based in Canada. We provide the
Express Service for use only by persons located in Canada.
Disclaimer of Warranties
OUR CONTENT AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT
ANY WARRANTY OR CONDITION WHATSOEVER BY RK PUBLISHING, INCLUDING, WITHOUT
LIMITATION, ANY WARRANTY OR CONDITION: (A) OF MERCHANTABILITY; (B) OF
FITNESS FOR A PARTICULAR PURPOSE; OR (C) AGAINST INFRINGEMENT OF
INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED
BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR
OTHERWISE.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR
DOWNLOADING FROM THE INTERNET OR THE EXPRESS SERVICE WILL BE FREE OF
VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE
FOR YOUR USE OF THE EXPRESS SERVICE AND YOUR COMPUTER, INTERNET, AND DATA
SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR
ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED
DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING,
VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY
HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER
PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE
EXPRESS SERVICE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE
EXPRESS SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON
ANY EXPRESS SERVICE LINKED TO IT.
Limitation of Liability
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE
WILL RK PUBLISHING OR ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS,
LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS
NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY
KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED
TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF
REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF
USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING
NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF
THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN
CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE EXPRESS
SERVICE, ANY SHOPS, LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR
ANY EXPRESS SERVICE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON
EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.
Governing Law and Choice of Forum
The Express Service and these terms of use will be governed by and
construed in accordance with the laws of the Province of Ontario and the
federal laws of Canada applicable in Canada, without giving effect to any
choice or conflict of law provision, principle, or rule (whether of the
laws of the Province of Ontario or any other jurisdiction) and
notwithstanding your domicile, residence, or physical location.
Entire Agreement
The Terms and Conditions constitute the sole and entire agreement between
you and RK PUBLISHING regarding the Express Service and supersedes all
prior and contemporaneous understandings, agreements, representations and
warranties, both written and oral, regarding such subject matter.
Contact Information
If you have any questions or comments about these our Terms of Service as
outlined above, you can contact us at:
RK PUBLISHING INC.
3089 Bathurst Street
Suite 308
Toronto, ON M6A 2A4 Canada
Email: support@rkpublishing.com