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Calgary Public Library Terms and Conditions of Membership

(updated on January 02, 2017)

These terms are a legal agreement (the “Member Agreement”) between Calgary Public Library (the “Library”) and you as a Member. You should read all the terms before indicating acceptance. These terms apply to membership for Library services, borrowing services, and use of your Library account (the “Library Services”). By using the Library’s services, you accept these terms. If you do not accept them, do not use the services or software. You are bound by these terms even if you do not read all the terms. These terms replace all prior versions.

1. Membership: Access to and use of Library Services requires a library membership. You must register and create an account and agree to these terms, and upon acceptance of your application by the Library and creation of your Membership Account (the “Membership Account”), you become a Member (“Member”).

2. Membership in Special Cases: Children under the age of 18 and others lacking in capacity require consent of a parent or guardian. In this case, the person named as the Guardian during registration (the “Guardian”) must provide consent to the Library. All references in this Member Agreement to Member are deemed to be references to “the Member and the Guardian, jointly and severally”, and the Guardian agrees that the Guardian remains liable and bound by the Member Agreement as though named as a Member.

3. Accuracy of Registration: The Member represents and warrants that (a) all personal information provided by the Member to the Library for the purposes of creating, updating or maintaining the Membership Account is correct and current; and (b) the Member will notify the Library in a timely manner of changes in personal information. The Member agrees to provide verification of personal information to the Library from time to time upon request by the Library. The Library may request the verification of personal information before the Membership Account is granted. The Member’s failure to provide verification of personal information will result in the denial or suspension of the Membership Account and of all rights and privileges granted by the Library to the Member.

4. Term of Membership: The Member Agreement commences on the date the Membership Account is first created and continues indefinitely until termination by either the Library or the Member on the terms set out in this Agreement.

5. Amendments: The Library may from time to time amend the Member Agreement or any code of conduct, policy or bylaw by publishing amendments on the Library’s website. Upon posting amendments, the updated Member Agreement, code of conduct, policy or bylaw is deemed amended and is immediately effective for all future actions of the Member. At all times, it is the responsibility of the Member to verify the current governing Member Agreement or code of conduct, policy or bylaw; the Library has no obligation to bring any amendment in the Member Agreement or any code of conduct, policy or bylaw to the attention of the Member in order for the amendment to be effective. Use of the Library Services after amendment constitutes acceptance of the amended version.

6. Borrowing Materials

1. As part of the Library Services, the Member is permitted to borrow reading materials, audio materials, audio-visual materials and other materials (collectively, “Materials”) from the Library in accordance with and subject to any limitations imposed from time to time by the Library respecting borrowing of Materials.

2. The Member may also have access to third party electronic materials licensed by the Library. It is the responsibility of the Member to read and accept the terms of use for third party licensed materials. If the Member chooses not to accept the terms of use for third party licensed materials, the Member will not have access to these materials.

3. The Member must return all Materials to the Library by the due date applicable to those Materials borrowed from the Library by the Member. The Member shall pay all Fees demanded from time to time by the Library in respect of Materials returned after their due dates and in respect of damaged, lost or destroyed Materials. “Fees” are those fines, fees and charges specified in the Calgary Public Library Board Bylaw for the Safety and Use of the Calgary Public Library, as may be amended or replaced from time to time, and include all costs, expenses, notice fees, collection fees and legal fees on a solicitor and own client basis incurred by the Library in recovering or attempting to recover any amount due by the Member to the Library.

4. While the Library may, as a courtesy, remind the Member about due dates of borrowed Materials, the Member is responsible for all Fees associated with overdue items, even if the Library has not contacted the Member to provide information about due dates of Materials borrowed by the Member.

5. The Library may suspend the Member’s rights and privileges at any time when the Member is in breach of the Member Agreement or when the Member owes the Library more than the threshold amount specified for this purpose in the Calgary Public Library Board Bylaw for the Safety and Use of the Calgary Public Library, as may be amended or replaced from time to time. Reinstatement of those rights and privileges will be at the Library’s sole discretion.

7. One Membership Account Only: The Member shall have no more than one Membership Account. The Member agrees not to generate multiple Membership Accounts by providing the Library with multiple e-mail addresses and/or false, misleading or alternative personal information to be associated with distinct Membership Accounts. If the Member does have multiple Membership Accounts, the Member agrees that the Library may consolidate the Member’s multiple Membership Accounts into a single Membership Account. The Member agrees to pay all Fees owed to the Library in the Member’s multiple Membership Accounts. The Member agrees that Fees owing on the Member’s multiple Membership Accounts will be combined upon consolidation of the Member’s multiple Membership Accounts into one Membership Account.

8. Collection and Use of Personal Information

1. The Member’s personal information collected for the purpose of creating, updating or maintaining the Membership Account is collected under the authority of the Libraries Act, RSA 2000, c. L-11 and the Freedom of Information and Protection of Privacy Act, RSA 2000, c. F-25 and will be used by the Library only to provide and enhance Library Services and for internal research and statistical purposes.

2. The Library may share personal information collected from the Member with other libraries where the Member has chosen to participate in a reciprocal borrowing arrangement such as the Alberta Library Card or the Alberta Wide Borrowing Card.

3. Unless the Member has withdrawn consent, the Library may use the Member’s personal information to contact the Member to inform members of upcoming due dates on Library materials and to share news about Library services and resources, upcoming events and programs, and opportunities to support the Library.

4. If the Member has consented to being contacted by the Calgary Public Library Foundation for fundraising purposes, the Library may disclose the Member’s personal information to the Calgary Public Library Foundation.

5. The Library will use aggregated and anonymized data (including demographic and other data which is detached from any personal identifying information). If the Member has any questions about the collection and use of the Member’s personal information, the Member may contact the Library’s Privacy Officer as listed on the Library’s website.

9. Limits on Privacy: The Library reserves the right to access, read, preserve, and disclose any information accessed through the Membership Account which the Library reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce the Member Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address theft of Library materials, copyright violations, violation of third party user agreements, fraud, or security breaches, (d) respond to user support requests, (e) protect the rights, property or safety of the Library, its users and the public, or (f) respond to requests from law enforcement or court orders.

10. Compliance: The Member shall comply with the Member Agreement and any Library any code of conduct, policy or bylaw. The Member must use the Library Services in compliance with applicable laws, including those relevant to copyright and the use of the internet.

11. Copyright: Copying or distributing material borrowed from the Library or found on the internet may infringe on copyright or other intellectual property rights of others. The Library is not responsible for such infringements by the Member. The Membership Account provides the Member with access to printing, photocopying and scanning tools, in the use of which the Member agrees not to violate Canadian copyright laws.

12. Breach of the Member Agreement: If the Member breaches any provision of the Member Agreement or any Library any code of conduct, policy or bylaw, then the Library may terminate and/or suspend the Member’s Membership Account, access to Library Services and associated library privileges for such length of time as the Library considers appropriate. In addition, the Member’s breach may result in civil or criminal proceedings being commenced against the Member. The Library reserves the right, but shall have no obligation, to investigate the Member’s use of the Membership Account in order to determine whether a violation of the Member Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request or request from law enforcement. Upon cancellation of the Member’s Membership Account, the Member shall return to the Library all Materials borrowed by the Member and shall pay all Fees demanded by the Library.

13. Indemnification: The Member agrees to hold harmless and indemnify the Library, its directors, officers, employees and agents, from and against all third party claims and legal proceedings of every kind whatsoever arising from or in any way related to the Member’s use of the Membership Account, including all legal costs incurred by the Library in the defense of such claims and proceedings.

14. Law and Jurisdiction: The Member Agreement is governed by and construed in accordance with the laws of the Province of Alberta and the applicable federal laws of Canada. All legal proceedings respecting the Member Agreement must be brought in courts, to whose jurisdiction the Member irrevocably attorns. The Library may commence legal proceedings in other jurisdictions to enforce a judgment, order or decree originally granted by a court.

15. Entire Agreement: The Member Agreement is the entire agreement between the Library and the Member regarding the use of Library Services and the Membership Account.