USER AGREEMENT
The following describes the
terms on which Reading Rewards.com offers you and your child
(collectively, “you”) access to its services.
1. Introduction
By using the Services on
the Reading Rewards.com website located at http://www.reading-rewards.com/, you are agreeing to the
following terms. Before you may become a user of Reading Rewards.com, you must
read and accept all of the terms and conditions in this User Agreement and the
Privacy Policy.
IF YOU ARE A PARENT OR
GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR CHILD'S REGISTRATION WITH OUR WEBSITE,
YOU AGREE TO BE BOUND BY THESE TERMS OF USE IN RESPECT OF THEIR USE OF OUR WEBSITE.
2. Our Services
Once you register as a user
on our website, you then become able to use our services (the
"Services").
3. Blog Area and Social
Community Environment
Our website has certain
areas or features offered that offers the opportunity for users to exchange and
communicate content for viewing by one or more of our website users, including
a blog area and a social community environment. You acknowledge that the
features offered therein are for public and not private communications, and you
have no expectation of privacy with regard to any communication. We cannot
guarantee the security of any information you disclose through any of these
media; you make such disclosures at your own risk. When you send, submit, post
or display information, communication or content through our Services you
retain copyright and any other rights you already hold in such ad and in any
materials, including without limitation, information, data, text, software,
music, sound, photographs, graphics, video, and email messages or other kinds
of messages included in such ("Content"). By sending, submitting,
posting or displaying any Content when using the Services, you grant Reading
Rewards.com a perpetual, irrevocable, worldwide, royalty-free, and
non-exclusive license to reproduce, adapt, modify, translate, publish, publicly
perform, publicly display and distribute such Content. This license is for the
sole purpose of enabling Reading Rewards.com to provide the Services. You
confirm and warrant to Reading Rewards.com that you have all the rights, power
and authority necessary to grant the above license.
4. Responsibility for
Content
You understand that all
Content whether publicly posted or privately transmitted when sending,
submitting, posting or displaying when using the Services and our website, is
the sole responsibility of the person from which it originated. This means that
you, and not Reading Rewards.com are entirely responsible: (i) for all Content
that you upload, post, email, transmit, or otherwise make available via the
Services; and (ii) for ensuring that your Content pertaining thereto are
accurate and do not include misleading information and in no way infringe or
violate anyone’s proprietary rights. Reading Rewards.com do not control the
Content posted via the Services and, as such, do not guarantee the accuracy,
integrity or quality of any Content. You therefore agree that you will not hold
Reading Rewards.com responsible or liable for any inaccuracies, for any errors
or omissions in any Content, or for any loss or damage of any kind incurred as
a result of the use of or reliance upon any Content posted, emailed,
transmitted, or otherwise made available via the Services.
5. Right to Remove or
Disclose Content
You acknowledge that Reading
Rewards.com do not pre-screen Content, but that Reading Rewards.com has the
right (but not the obligation) to refuse or remove any Content that is
available via the Services that violates this User Agreement or is otherwise
objectionable in our discretion. You acknowledge and expressly consent to Reading
Rewards.com accessing, preserving, and disclosing your account information and
Content if required to do so by law or if in good faith we believe that such
access, preservation or disclosure is reasonably necessary to: (a) comply with
legal process; (b) enforce this User Agreement; (c) respond to claims that any
Content violates the rights of third-parties; (d) respond to your requests for
customer service; or (e) protect the rights, property, or personal safety or
security of Reading Rewards.com, our users and the public.
6. Using Reading
Rewards.com
You agree that you will not
use the Services to:
Additionally, you agree
that you will at all times:
7. Fees
Joining Reading Rewards.com
is free.
8. Accounts and Passwords
During the registration
process to become a user, you will select a username and a password. You agree
to provide true, accurate, current and complete information about yourself as
prompted by the Services registration form and maintain and promptly update
this data to keep it true, accurate, current and complete at all times. You
understand and agree that you are solely responsible for maintaining the
confidentiality of your account including your password, and are fully
responsible for all activities that occur under such account. You agree to: (a)
immediately notify Reading Rewards.com of any unauthorized use of your account
or any other breach of security; and (b) exit from your account at the end of
each session.
9. Termination of Services
Without limiting other
remedies, Reading Rewards.com may in its sole discretion, limit, suspend, or
terminate the Services and user accounts, prohibit access to its website, and
take technical and legal steps to keep users off its website, remove and
discard any Content within the Services, for any reason, including, without
limitation, (a) accounts that are unconfirmed or which have been inactive for a
period of over 6 months; (b) if Reading Rewards.com believes that you have
violated or acted inconsistently with the letter or spirit of this User
Agreement; (c) request(s) by law enforcement or other government agencies; (d)
if you provide any information that is untrue, inaccurate, not current or
incomplete in your account, or Reading Rewards.com has reasonable grounds to
suspect that you have done so; (e) a request by you; (f) discontinuance or
material modification to the Services (or any part thereof); (g) unexpected
technical or security issues or problems; (h) in compliance with legal process;
and/or (i) if you have or we believe you have engaged in illegal activities,
including without limitation, fraud.
You acknowledge and agree
that any termination of your access to the Services under any provision of this
User Agreement may be effected without prior notice and that Reading
Rewards.com may immediately deactivate or delete your account and all related
Content (including, without limitation, all communications associated with or
stored in your account and/or bar any further access to such Content or the
Services. Further). You agree that Reading Rewards.com is not liable to you or
any third-party for termination of your account, or termination of your access
to the Services. The Sections of this User Agreement which by nature should
survive the termination of this User Agreement will do so.
10. Proprietary rights
You acknowledge and agree
that Reading Rewards.com (or as the case may be, Reading Rewards.com's
licensors) own all legal right, title and interest in and to the Services,
including any intellectual property rights which subsist in the Services
(whether those rights happen to be registered or not, and wherever in the world
those rights may exist). Nothing in the User Agreement gives you a right to
these rights or to use any of Reading Rewards.com's trade names, trade marks,
service marks, logos, domain names, and other distinctive brand features. Other
than the limited license set forth in Section 3, Reading Rewards.com
acknowledges and agrees that it obtains no right, title or interest from you
(or your licensors) under this User Agreement in or to any Content that you
submit, post, transmit or display on, or through, the Services, including any
intellectual property rights which subsist in any Content (whether those rights
happen to be registered or not, and wherever in the world those rights may
exist). You agree that you are responsible for protecting and enforcing those
rights and that Reading Rewards.com has no obligation to do so on your behalf.
11. Practices Limits
Concerning Use of the Services
You acknowledge that Reading
Rewards.com may establish general practices and limits concerning use of the
Services, including without limitation the maximum number of days that communications,
email messages or other uploaded Content will be retained by the Services, the
maximum size of any message that may be uploaded by an account, and the maximum
number of times (and the maximum duration for which) you may access the
Services in a given period of time. You further acknowledge that Reading
Rewards.com reserves the right to change these general practices and limits at
any time, in its sole discretion, with or without notice.
12. LIMITATION OF LIABILITY
You will not hold Reading
Rewards.com responsible for other users’ Content, actions or inactions, which
are made through our website or using our Services. We cannot guarantee
continuous or secure access to our Services, and operation of our website may
be interfered with by numerous factors outside of our control.
YOU EXPRESSLY UNDERSTAND
AND AGREE THAT READING REWARDS.COM AND ITS LICENSORS SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES,
WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.
THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT
OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS (EVEN IF READING
REWARDS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM THE USE OR THE INABILITY TO USE THE SERVICES OR ANY MATTER RELATING TO THE
SERVICES INCLUDING WITHOUT LIMITATION (I) ANY CHANGES WHICH READING REWARDS.COM
MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE
PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (II) THE
DELETION OF, CORRUPTION OF, OR FAILURE TO SEND, DISPLAY OR STORE, ANY ADS, CONTENT
AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE
OR OTHER USERS USE OF THE SERVICES; (III) YOUR FAILURE TO PROVIDE READING
REWARDS.COM WITH ACCURATE ACCOUNT INFORMATION OR TO KEEP YOUR PASSWORD OR
ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
13. DISCLAIMER OF
WARRANTIES, REPRESENTATIONS, AND CONDITIONS
YOU EXPRESSLY UNDERSTAND
AND AGREE THAT:
|
(a) |
YOUR USE OF THE
SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. READING REWARDS.COM ASSUMES NO
RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, NON-DELIVERY OR
FAILURE TO STORE ANY AD, USER COMMUNICATIONS OR CONTENT. READING REWARDS.COM
EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. |
|
(b) |
READING REWARDS.COM
MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE
SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR
RELIABLE, AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. |
|
(c) |
ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT
YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL. |
|
(d) |
NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM READING
REWARDS.COM OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THIS USER AGREEMENT. |
14. Release
If you have a dispute with
one or more users, you release us, our licensors, officers, directors, agents,
subsidiaries, joint ventures and employees from claims, demands and damages
(actual and consequential) of every kind and nature, known and unknown, arising
out of or in any way connected with such disputes.
15. Indemnity
You agree to indemnify and
hold Reading Rewards.com and licensors (and our officers, directors, agents,
subsidiaries, joint ventures, partners and employees), harmless from any claim
or demand, including reasonable legal fees, made by any third party due to or
arising out of your breach or violation of this User Agreement, of any Content
which you submit, post, transmit or make available through the Services, your
use of the Services, your connection to the Services, or your violation of any
rights of another or your violation of any law or the rights of a third party.
16. Privacy
We use your information
only as described in the Reading Rewards.com Privacy Policy located at www.reading-rewards.com/privacy.htm
which is part of and is hereby incorporated into this User Agreement. If you
object to your personal information being used in the way referred to in our
Privacy Policy, please do not use our Services.
17. External Links
The Services may provide,
or third parties may provide, links to other websites or content or resources. Reading
Rewards.com has no control over such third party’s websites and resources. You
acknowledge and agree that Reading Rewards.com is not responsible for the
availability of such external websites or resources, and does not endorse and
is not responsible or liable for any Content, advertising, products, or other
materials on or available from such websites or resources. You further
acknowledge and agree that Reading Rewards.com is not 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
advertising, products, or other materials on or available from such websites or
resources.
18. No Agency
No agency, partnership,
joint venture, employee-employer or franchiser-franchisee relationship is
intended or created by this User Agreement.
19. Notices
Except as explicitly stated
otherwise, any notices to Reading Rewards.com shall be sent by email to
info@reading-rewards.com to the attention of: Customer support and to you to
the email address which you provided to Reading Rewards.com during the
registration process. Notice shall be deemed given 3 days after the date of
mailing or 24 hours after an email is sent.
20. Law and Forum for
Disputes
The laws of the Province of
Quebec shall apply to the interpretation of this User Agreement notwithstanding
any conflict of law provisions. All proceedings relating to the Services or to
this User Agreement shall be brought before the courts of the Province of
Quebec.
21. General
If any provision of this
User Agreement is held to be invalid or unenforceable, such provision shall be
struck and the remaining provisions shall be enforced. In our sole discretion,
we may assign this User Agreement in accordance with the Notices Section.
Headings are for reference purposes only and do not limit the scope or extent
of such Section. Our failure to act with respect to a breach by you or others does
not waive our right to act with respect to subsequent or similar breaches. We
do not guarantee we will take action against all breaches of this User
Agreement.
22. Changes to the User
Agreement
This User Agreement is
effective on May 15, 2010. Reading Rewards.com may make changes to the User
Agreement from time to time. When these changes are made, Reading Rewards.com
will make a new copy of the User Agreement and make it available to all users
by posting it on our website and all amended terms shall automatically be
effective 60 days after they are initially posted. You understand and agree
that if you use the Services after such date, Reading Rewards.com will treat
your use as acceptance of the updated User Agreement.
23. Language
The parties hereto have
agreed that this User Agreement and any of its accessories, including notice,
be written in the English language. Les
parties aux présentes ont exigé que ce contrat et ses accessoires, y compris
tout avis, soient rédigés en anglais. Please note that both the English and French
versions of this User Agreement have equal legal value.