1. ACCEPTANCE OF TERMS
3. USE OF THE SITES AND SERVICES
4. USER CONDUCT
b.use the Sites and Services in any manner that violates any relevant law or that infringes, misappropriates or violates any third party's rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party's rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
d.reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Sites and Services for any commercial, educational, or any other non-personal purpose, without the express written consent of Readability, which consent may be withheld by Readability in its sole discretion;
e.post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on Readability’s infrastructure, interfere or attempt to interfere with the proper working of the Sites and Services or any activities conducted on the Sites and Services;
f.harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Readability, or otherwise attempt to mislead others as to the identity of the sender or the origin of Content you submit;
g.knowingly provide or submit false or misleading information;
h.use the Sites and Services if you are under the age of eighteen (18) without the supervision of a parent or guardian;
i.take any action that would undermine the review and rating process under the Sites and Services;
j.attempt to gain unauthorized access to the Sites and Services, other user accounts, or other computer systems or networks connected to the Sites and Services;
k.use the Sites and Services in any way that could interfere with the rights of Readability or the rights of other users of the Sites and Services;
l.attempt to gain unauthorized access to any portion or feature of the Sites and Services, or any other systems or networks connected to the Sites and Services or to any server used by Readability by hacking, password 'mining' or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Sites and Services user;
n.transmit or submit any transmission or other materials that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services;
o.access, download, monitor, or copy any information contained on our Sites and Services through artificial means (including but not limited to use any 'deep-link', 'scraper', 'robot', 'spider' or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Sites and Services or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Sites and Services;
p.probe, scan or test the vulnerability of the Sites and Services or any network connected to the Sites and Services, or breach the security or authentication measures on or of the Sites and Services or any network connected to the Sites and Services. You may not reverse look-up, trace or seek to trace any information on any other user of the Sites and Services, or any other customer of Readability, including any Readability account not owned by you, to its source, or exploit the Sites and Services or any service or information made available or offered by or through the Sites and Services, in any way where the purpose is to reveal any information, including but not limited to personal identification information or information other than your own information, except as expressly authorized by Readability and provided for by the Sites and Services; or
q.reverse engineer, decompile, or disassemble any of the Sites and Services by any means whatsoever, or alter, modify, or create a derivative work of the Sites and Services. You may not remove, alter, or obscure any product identification, copyright, or other intellectual property notices on the Sites and Services.
5. READABILITY TUTOR ACCOUNT AND OTHER READABILITY TUTOR SERVICES
6. REGISTRATION INFORMATION
We may require that you create an account to use or access certain parts of the Sites and Services and use certain products and features. We may require that you provide login information such as a username and password to access and utilize your account. As a condition of your use of the Sites and Service, you agree to (a) provide Readability with true, accurate, current and complete information as prompted by the Readability registration forms, when registering for or using the Sites and Services and (b) update and maintain the truthfulness, accuracy and completeness of such information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and you are fully responsible for all activities that occur under your username and password. While there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination in Readability’s sole discretion. Please contact us if you have questions about managing multiple accounts.
7. SUBMITTING CONTENT
As a condition of you submitting any Content or other materials to the Sites or Services, you agree that:
a.you (i) grant to Readability a royalty-free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, and publicly display such Content, create derivative works from such Content, and incorporate such Content into other works; (ii) grant to Readability all rights necessary to publish or refrain from publishing your name and address in connection with Content you submit to Readability; (iii) grant to Readability the right to sublicense the foregoing Content and related rights through multiple tiers, and (iv) acknowledge that this license cannot be terminated by you once your Content is submitted to the Sites and Services;
b.you grant to Readability all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Content by any other party;
e.you are solely responsible for your reviews and ratings;
f.Readability may, in its sole discretion, choose to remove or not to remove reviews and ratings once published;
g.you will not submit any reviews that may be considered by Readability, in its sole discretion, to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or racially, ethnically or otherwise objectionable, or that violate any relevant law or right of any other party;
h.you will not submit reviews that comment on other users or the reviews of other users;
i.you will not submit reviews with hyperlinks; and
j.the reviews and ratings that you provide do not reflect the views of Readability, its officers, managers, owners, employees, agents, designees or other users.
8. PUBLICATION AND DISTRIBUTION OF CONTENT
Readability cannot and does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Sites and Services. You acknowledge that Readability acts as a passive conduit and an interactive computer service provider with respect to the publication and distribution of user-generated Content. You understand that all Content posted on, transmitted through or linked through the Service, is the sole responsibility of the person from whom such Content originated. You understand that Readability does not control, and is not responsible for Content or Service Provider Content made available through the Sites and Services, and that by using the Sites and Services, you may be exposed to Content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any Content.
You agree that Readability may establish general practices, policies and limits, which may or may not be published, concerning the use of the Sites and Services, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which you may access the Sites and Services in a given period of time. You agree that Readability has no responsibility or liability for the deletion or failure to store any Content or other materials maintained or transmitted by or through the Sites and Services. You agree that Readability has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
9. TERMINATION OF ACCESS
Readability may terminate your privilege to use or access the Sites and Services immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Sites and Services and agree not to access or make use of, or attempt to use, the Sites and Services. Furthermore, you acknowledge that Readability reserves the right to take all actions, technical, legal or otherwise, to block, nullify or deny your ability to access the Sites and Services. You understand that Readability may exercise these rights in its sole discretion, and these rights shall be in addition to and not in substitution for any other rights and remedies available to Readability.
10. INTELLECTUAL PROPERTY
The Sites and Services are protected by copyright, trademark, and other intellectual property laws and regulations. Readability owns the entire right, title and interest in and to the Sites and Services and in and to any and all associated intellectual property rights, worldwide.
Readability, and other Sites and Services’ graphics, images, logos, designs, page headers, button icons, scripts, domain names, trade names, service names and other source identifiers are the trademarks, service marks, and trade dress of Readability in the United States and foreign countries. You are not permitted to use such trademarks, trade dress or other intellectual property rights of Readability, including as part of other trademarks and/or domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion.
You should assume all Content and materials made available on the Sites and Services is protected by copyright law and/or other intellectual property law. Aside from user-submitted Content and third party content, all other materials and other information on the Sites and Services, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of Readability and/or its licensors and are protected by all United States and international copyright and other intellectual property laws.
11. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
12. DELAYS AND ACCESSIBILITY
The Sites and Services may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. Readability is not responsible for any delays, failures or other damage resulting from such problems.
13. USER FEEDBACK
Readability appreciates hearing from you, as well as our other users, and welcomes your comments regarding our Sites and Services. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested in writing. Although we do value your feedback on our Sites and Services, please do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the "Submissions"), such Submissions will be the property of Readability. In addition, none of the Submissions will be subject to any obligations of confidentiality and Readability will not be liable for any future use or disclosure of such Submissions by Readability or any other party.
14. WARRANTIES AND DISCLAIMERS
You acknowledge that Readability has no control over, and no duty to take any action regarding: which users gain access to or use the Sites and Services; what effects the Content on or in connection with the Sites and Services may have on you; how you may interpret or use the Content on or in connection with the Sites and Services; or what actions you may take as a result of having been exposed to the Content on or in connection with the Sites and Services. You release Readability and its affiliates from all liability arising from your having acquired or not acquired Content or information through the Sites and Services. The Sites and Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Readability makes no representations concerning any content contained in or accessed through the Sites and Services, and Readability will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services. Readability makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.
YOU ACCESS AND USE THE SITES AND SERVICES AT YOUR OWN RISK. THE SITES AND SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, AND ANY AND ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER READABILITY, NOR ITS AFFILIATES, NOR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SITES AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, USE, DISCLOSURE, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF READABILITY, ANY COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SITES AND SERVICES. IN NO EVENT WILL READABILITY OR ANY OF ITS AFFILIATES, OR THEIR DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL READABILITY OR ANY OF ITS AFFILIATES, OR ANY OF THEIR AGENTS, EMPLOYEES, DIRECTORS, OFFICERS OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF ANY USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITES AND SERVICES.
READABILITY SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SITES AND SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND READABILITY HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
Readability has no control over and no duty to take any action regarding: other users’ behavior; what effects Content may have on you; how you may interpret or use Content; or what actions you may take as a result of having been exposed to Content. You release Readability and its affiliates from all liability for you having acquired or not acquired Content through the Sites and Services. Neither Readability nor any of its affiliates makes any representations concerning any Content, including the accuracy thereof, contained in or accessed through the Sites and Services, and neither Readability nor any of its affiliates will be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services.
The Sites and Services may display links to other Internet sites or resources. Because Readability has no control over such sites and resources, you acknowledge and agree that Readability is not responsible for the availability of such external sites or resources, and Readability does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that neither Readability nor any of its affiliates shall be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
16. LIMITATION OF LIABILITY
19. ENTIRE AGREEMENT
20. GOVERNING LAW