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About the Library

Library Services Agreement

Library Services Agreement

These terms are a legal agreement (the “Library Services Agreement”) between Calgary Public Library (the “Library”) and you. You should read all the terms before indicating acceptance. These terms apply to membership for Library services, borrowing services, access to online content and programs, 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, except as outlined in Section 2.2. 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 Account (the “Account”), you become a Member (“Member”).

2. Special Cases The Library may provide access to services in different circumstances, including services for minors, and services to non-members who participate or attend Library programs or events:

2.1 Access by Minors: Children under the age of 18 and others lacking in capacity require the 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 Library Services 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 Library Services Agreement as though named as a Member.

a. Choice of Access for Minors It is the responsibility of Guardians to monitor and guide their children’s Internet activity. The Library recommends that Guardians discuss internet privacy and safety with their children. Once a minor’s membership is created, a Guardian will be able to determine the Internet permissions associated with that minor’s Account. At the discretion of the Guardian, different Internet access options are available for a minor as outlined in the registration process:

(i) Unrestricted Internet Access: Members will be able to participate in all online events, programs or other online Library Services. Internet access is not filtered.

(ii) No Internet Access Whatsoever: Members with no Internet access will not have access to the Library’s wireless network, nor will they be able to connect to the Internet on library devices that depend on the Library’s wireless network for connectivity. As well, Members will not have access to use any online services offered by the Library that include electronic resources and third-party tools and participation in online events, programs or other online Library Services.

b. Communication with Minors Once an Account is created, the Library will send communications as follows: for any minor who is under the age of 13 years, all Library communications will be through the Guardian; for any minor who is 13 or older, the Library may communicate directly with the Member regarding any resource requests, programs, event registration, or other Library Services, subject to the access permissions associated with that Account.

2.2 Non-Member Access: In some cases, the Library may make certain limited services, programs or events available to non-members. In order to access non-member services, programs or events, an individual may be asked to provide registration information, and access to any such services, programs or events is subject to the following sections of this Library Services Agreement: Section 3 (Accuracy of Registration), Section 8 (Collection and Use of Personal Information), Section 9 (Limits on Privacy), Section 10 (Compliance), Section 13 (Indemnification), Section 14 (Law and Jurisdiction),and Section 15 (Entire Agreement), and in those provisions, any reference to the term “Member” will refer to the non-member registrant or participant, and the term “Library Services” will refer to the specific services, programs or events for which the individual has submitted registration or participation information.

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 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 Account is granted, or as reasonably required under applicable Library policies, or in response to access requests. The Member’s failure to provide verification of personal information will result in the denial or suspension of the Account and of all rights and privileges granted by the Library to the Member.

4. Term of Membership The Library Services Agreement commences on the date the 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 Library Services Agreement or any code of conduct, policy or bylaw by publishing amendments on the Library’s website. Upon posting amendments, the updated Library Services 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 Library Services Agreement or code of conduct, policy or bylaw; the Library has no obligation to bring any amendment in the Library Services 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 & Access to Materials

a. As part of the Library Services, the Member is permitted to borrow reading materials, audio materials, audio-visual materials and access other content and 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 and access to Materials.

b. 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.

c. The Member may have access to third-party online services licensed by the Library. It is the responsibility of the Member to read and accept the terms of use for third-party licensed services. If the Member chooses not to accept the terms of use for third-party licensed services, the Member will not have access to these services. Members will be alerted if Library Services are using a third-party online service.

d. 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.

e. 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.

f. The Library may suspend the Member’s rights and privileges at any time when the Member is in breach of the Library Services 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.

g. The Member may allow other Members to borrow items and place and pick up holds on the Member’s Account. Members given privileges to borrow and place and pick up holds on another Member’s account will be identified as having proxy access to the other Member’s Account. Members with proxy access to another Member’s account may have access to personal information on the account, but may not add or remove proxy access or change any personal information on that Member’s Account. Giving others proxy access to an Account does not relieve the Member of responsibility for late fees, lost items or other charges on the Account.

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

8. Collection and Use of Personal Information

a. The Member’s personal information collected for the purpose of creating, updating or maintaining the 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, for internal research and statistical purposes, and for other purposes permitted under this Library Services Agreement or applicable law.

b. The Library may share personal information collected from the Member with third-party service providers for the purpose of delivering Library Services, and 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.

c. 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.

d. 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.

e. If the Member chooses to access or use certain online Library programs, or third-party services, through the Library (for example, online classes, chat services, tutorials, or online literacy programs held with one or more other participants), the Library may collect and store certain “in-session” information during the Member’s use of such services, such as audio/visual/video recordings, chat logs, and transcripts. Any such recorded content is stored in accordance with the Library’s retention policies and is only used for purposes disclosed in Section 9 (Limits on Privacy) below.

f. 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 Account which the Library reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce the Library Services 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. The Library cannot control the actions of third-party participants (such as other members) who attend any online Library programs, or third-party services, through the Library (for example, online classes, tutorials, or online literacy programs) with the Member. For group programs of this type, those other participants may choose to record information, or share information with unauthorized persons.

10. Compliance The Member shall comply with the Library Services Agreement and any Library 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 Materials borrowed from or accessed through 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 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 Library Services Agreement If the Member breaches any provision of the Library Services Agreement or any Library code of conduct, policy or bylaw, then the Library may terminate and/or suspend the Member’s 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 Account in order to determine whether a violation of the Library Services 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 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 Account, including all legal costs incurred by the Library in the defense of such claims and proceedings.

14. Law and Jurisdiction The Library Services 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 Library Services 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 Library Services Agreement is the entire agreement between the Library and the Member regarding the use of Library Services and the Account.

The terms outlined in this agreement were last updated March 2021