Terms of Service
Fussy Reader (“Company”, “we”, or “us”) operates our website, located at http://www.the-reading.club (the “Site”), and provides online services (the “Services”) via the Site. Your use of the Site and Services is governed by the following terms and conditions (the “Terms”).
PLEASE READ THE TERMS CAREFULLY. BY ACCESSING, USING OR BROWSING THE SITE, USING OR ACCESSING THE SERVICES, AND/OR COMPLETING THE COMPANY’S REGISTRATION AND/OR SUBSCRIPTION PROCESS, YOU ACKNOWLEDGE AND REPRESENT THAT (i) YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, (ii) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH THE COMPANY, AND (iii) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS PERSONALLY OR ON BEHALF OF THE ENTITY YOU REPRESENT. NOTE THAT YOU MAY NOT USE THE SITE OR THE SERVICES UNLESS YOU ARE AT LEAST 18 YEARS OF AGE. IF YOU DO NOT AGREE TO ANY OF THE TERMS BELOW, YOU MAY NOT ACCESS OR USE THE SITE OR THE SERVICES.
I. ACCESS TO OUR SITE AND SERVICES
(a) Subscriptions, Accounts & Registrations
In order to use certain features of the Site or the Services, you must register and will need to create a subscription and/or account with us (“Account”), and provide any information about yourself as included in the Site’s subscription and/or registration form. You represent and warrant that (i) you submit truthful and accurate information; (ii) you will maintain the accuracy of such information; and (iii) you will notify the Company of material changes. You may opt out of your subscription at any time, for any reason, by following the instruction on the Site or as provided via the Service. You may delete your Account at any time, for any reason, by following the instructions on the Site. We may suspend or terminate your Account and/or subscription in accordance with Section VI of the Terms. You are responsible for maintaining the confidentiality of your Account and subscription and login information and are fully responsible for all activities that occur under your Account and subscription. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Account/subscription or any other breach or suspected breach of security. We will not be liable for any loss or damage arising from your failure to comply with the above requirements.
(b) Use and Restrictions
You are permitted to use the Site and Services for your personal, non-commercial purposes as provided in these Terms, under the following conditions: you may not: (i) resell or sublicense access to the Site and Services to any third-parties; (ii) decompile, disassemble, reverse engineer or otherwise attempt to obtain or identify the source code from which any component of the Site or the Services is compiled or interpreted, and nothing in these Terms should be interpreted as granting you any right whatsoever to obtain, use or attempt to obtain or use source code; (iii) create, modify or derive any products based on the Site or the Services; (iv) use the Site or the Services to violate any local, state, national or international law; (iv) use the Site or the Services to (a) collect or store personal data about other users or (b) impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity; or (c) stalk, harass or harm another individual; (v) attempt to interfere with or disrupt the Site or the Services or any networks connected to the Site or the Services, or attempt to circumvent any requirements, procedures, policies or regulations of networks connected to the Site or the Services, or otherwise affect the display of the Site or the Services.
(c) Third-Party Content
Our Site and Services contain links to third party websites, content, services and products (“Third-Party Content”), including but not limited to links to the websites of advertisers and third parties products and services advertisements. By clicking a link to Third-Party Content, you will leave our Site or the Services and access another site or service that may collect personal information from you. We do not review, are not responsible for and do not control the privacy practices or the content of such other Web sites. We encourage you to read the privacy statements of each and every site you visit. You acknowledge and accept that our Site and Services list certain deals, offers, sales, bargains, and other offerings, including but not limited to listings of free and discounted books, editorial announcements and articles, on behalf of Third Parties. You acknowledge and accept that we do not have any control over and do not review such deals, offers, sales, bargains, and other offerings, and that we do not guarantee, warrant or represent that any Third-Party deals, offers, sales, bargains, and other offerings we publish will be available from the provider of the Third Party Content by the time you try to take advantage of that offer. By using our Site and Services you acknowledge you will read the terms of any deals, offers, sales, bargains, and other offerings. Furthermore, you acknowledge that any deals, offers, sales, bargains, and other offerings are provided for your convenience and do not in any way signify our endorsement of such Third Party Content.
Use of the Site and/or the Services does not convey any right, title or interest in the Site and Services. The company, our partners and/or other suppliers retain all right, title and interest in and to the Site and the Services, and all content, images, text, documents, names, logos, trademarks, service marks, copyrights, brands, designs, trade dress and any other intellectual property appearing in and used to operate the Site and Services, including but not limited to the look and feel, structure, organization, source code, artwork, and other materials the Site and Services (“Content”). All Content is protected under trademark, copyright and other intellectual property and proprietary rights laws.
Your comments, notes, submissions, ideas, feedback and other submissions (“Submissions”) are welcome and encouraged. However, do not submit any content, concepts, ideas or any other information that you consider to be confidential and/or proprietary. By providing any content, concepts, ideas or any other Submissions to the Company, you acknowledge and hereby agree to grant to us a royalty-free, fully-paid, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable right and license to use, display, distribute, reproduce, perform, create derivative works of, and otherwise commercially or non-commercially exploit in any manner in any form now available or hereafter conceived, in and to any and all Submissions.
THE SITE AND THE SERVICES, AND ANY AND ALL INFORMATION, CONTENT, MATERIALS AND SYSTEMS RELATED TO THE FOREGOING ARE PROVIDED “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE, OUR PARTNERS AND OUR AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR CAPABILITIES, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, ACCURACY OF DATA, AVAILABILITY OF OFFERS. NO WARRANTY, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE PEFORMANCE, QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR CAPABILITIES OF THE SITE, THE SERVICES, SECURITY OR ANY ELEMENTS THEREOF, IS GIVEN OR SHOULD BE ASSUMED, AND ANY SUCH WARRANTIES ARE HEREBY EXCLUDED.
WE ARE NOT THE PROVIDER OF, AND MAKE NO WARRANTIES WITH RESPECT TO, ANY THIRD-PARTY CONTENT. WE DO NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SITE OR THE SERVICES. YOUR USE OF THE SITE AND THE SERVICES CONSTITUTES YOUR AGREEMENT TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE USING THE SITE AND THE SERVICES.
THE COMPANY, OUR PARTNERS AND OUR AFFILIATES DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS FREE OR MALWARE FREE. THE SUBMISSION OF ANY PERSONAL CONTENT AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SITE AND THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR FROM RELIANCE UPON THE SITE AND THE SERVICES. YOU ARE ADVISED TO MAINTAIN COPIES OF ALL PERSONAL CONTENT.
NO REPRESENTATION OR WARRANTY IS MADE THAT THE SERVICES PROVIDE COMPREHENSIVE OR ACCURATE INFORMATION. WE RESERVE THE RIGHT TO MODIFY, REMOVE OR OTHERWISE ALTER OR FILTER THE CONTENT AND MATERIALS PROVIDED BY THE SITE AND THE SERVICES AT ANY TIME AND IN ANY WAY.
III. Limitation Of Liability
USE OF THE SITE AND THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. IN NO EVENT SHALL THE COMPANY, ITS PARTNERS, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, AGENTS, EMPLOYEES OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF THESE TERMS, OR YOUR ACCESS TO OR USE OF THE SITE, SERVICES OR CONTENT, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF WE WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE.
IN NO EVENT SHALL THE COMPANY, ITS PARTNERS, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, AGENTS, EMPLOYEES OR ASSIGNS BE LIABLE FOR ANY LOSS OF DATA, LOSS OF PROFITS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT, OR PUNITIVE DAMAGES HOWEVER CAUSED, REGARDLESS OF THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS, LOSSES, EXPENSES OR LIABILITIES ARISING IN CONNECTION WITH THESE TERMS WHETHER BY DEFECT, ERROR OR OTHERWISE EXCEED ONE HUNDRED US DOLLARS (U.S. $100.00). YOU ACKNOWLEDGE AND WARRANT THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TO THE TERMS BETWEEN YOU AND US RELATING TO THE PROVISION OF THE SITE AND THE SERVICES TO YOU, AND THAT WE WOULD NOT PROVIDE THE SITE OR THE SERVICES TO YOU WITHOUT THIS LIMITATION.
YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND, AT OUR OPTION, DEFEND OUR COMPANY, ITS PARTNERS, AFFILIATES, DIRECTORS, AGENTS, EMPLOYEES, LICENSORS, SUPPLIERS AND ANY THIRD-PARTY PROVIDERS FROM AND AGAINST ALL DAMAGES, LOSSES, LIABILITIES, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS.
V. MODIFICATIONS TO TERMS
VI. TERM AND TERMINATION
The Terms are the final and complete agreement of the parties with respect to the subject matter hereof and supersedes all prior discussions between the parties with respect to such subject matter. These Terms become effective and binding when you accept these Terms in accordance with the preamble above. You do not need to inform us if you wish to stop using the Site or the Services. We reserve the right to suspend, block and/or terminate your account and your access to the Site and the Services at any time and for any reason without notice. YOU AGREE AND ACKNOWLEDGE THAT THE COMPANY WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCOUNT AND/OR YOUR ACCESS TO THE SITE AND THE SERVICES. Any limitations on liability that favor the Company shall survive the termination of these Terms.
If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. The Site and the Services are controlled and offered by the Company from its facilities in the United States. Those who access or use the Site or the Services from other jurisdictions do so at their own volition and are responsible for compliance with any local, national or otherwise applicable law. Any waiver or failure to enforce any provision of the Terms shall not be deemed a waiver of any other provision or of such provision on any other occasion.
VIII GOVERNING LAW
You agree to comply with all laws, rules and regulations that apply to your use of the Site and the Services. These Terms will be subject to and construed in accordance with the laws of the State of Washington. You consent to jurisdiction and venue exclusively in King County in the State of Washington in the United States. Any delay or failure by us to exercise or enforce any right or provision of these terms will not constitute a waiver of any such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the intentions reflected in the invalid provision, and the other provisions of these Terms shall remain in full force and effect. You agree that any claim or cause of action related to the Site, the Services, and/or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. These Terms constitute the entire agreement between you and us with regard to the matters described above.
Last Updated: December 20, 2014
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