Terms & Conditions

TERMS AND CONDITIONS OF USE

These Terms and Conditions of Use (“Terms of Use”) apply to your use of (i) the Readocity website at http://readocity.com (the “Site”) which is owned and operated by Teshka Systems, Inc. d/b/a Readocity (“Readocity,” “we,” or “us”); (ii) the Readocity application for your web browser, mobile or other device (individually and collectively, the “Readocity App”); and (iii) any services or features made available by Readocity through the Site or by use of the Readocity App (the “Services”).  In these Terms of Use, “user” or “you” means any user of the Site, the Readocity App and/or the Services. 

These terms are effective as of March 30, 2016.  Readocity may update or revise these Terms of Use (including the privacy policy) from time to time. You agree that you will review these Terms of Use periodically.  If you do not agree to the terms of these Terms of Use or any modified version of thereof, your sole recourse is to terminate your use of the Site and the Readocity App, in which case you will no longer have access to Your Account (as defined below).  Except as otherwise expressly stated by Readocity, any use of the Site, the Readocity App, and the Services is subject to the version of these Terms of Use in effect at the time of use.  If you do not agree with these Terms of Use, you do not have permission to use the Site or the Services or to use or install the Readocity App. 

1.  Readocity Web and Mobile Application

The Readocity App is a web and mobile application designed to effectively engage parents and teachers in the child’s early learning, literacy and reading needs.  The Readocity App affords parents and teachers the ability to track, visualize, and set goals for the child’s reading at home and school, access custom-curated reading lists and literacy resources targeted specifically for the child based on what the child is reading, and invigorate the child’s love of books by intersecting books with activities in museums and other institutions.  The Readocity App may also be used to put recommended books on hold at a local library.

(a)        Web Application.  In order to use the Readocity App on the Site, you are required to register for an account with a username, password and information about the child reader associated with the account (“Your Account”).  You are hereby granted, free of charge, a limited, nonexclusive, nontransferable license to access and use the Readocity App via the Site on any supported mobile and other device you own or control.

            (b)        Mobile Application.  In order to download the Readocity App, you are required to register for Your Account.  You are hereby granted a limited, nonexclusive, nontransferable license to download the Readocity App on any supported mobile device you own or control.  Once installed on your supported mobile device, the Readocity App may be used in tandem with the camera utility to scan the ISBN code on each book your child reads in order for you to track what your child is reading. 

2.  User Representations

(a)        By accessing or using the Site or the Services or using and/or installing the Readocity App or creating Your Account, you are representing and warranting that (i) you agree to be bound by these Terms of Use; (ii) you are at least 18 years of age; (iii) you are not prohibited by law from accessing or using the Site, the Readocity App, and/or the Services; (iv) the child reader associated with Your Account is a member of your immediate family under your authority or you have obtained the appropriate consent from his or her parent or legal guardian; (v) any information submitted by you with respect to Your Account or your other use of the Site and/or the Readocity App ( your “User Content”) does not contain text or images that are or may be construed to be defamatory, illegal or encouraging of illegal activities, pornographic, violent, obscene or abusive; (vi) you agree that Readocity may communicate with you electronically regarding security, privacy and administrative issues in connection with these Terms of Use or your use of the Site, Your Account, and the Readocity App; (vii) you are consenting to the terms of Readocity’s Privacy Policy located at https://readocity.com/privacy which is hereby incorporated by reference into these Terms of Use and governs the collection, use and disclosure of information gathered by or through Readocity’s software (including, but not limited to, the Readocity App), services and other offerings as well as the choices available to you regarding the collection and use of your personal information; and (vi) you are granting Readocity a nonexclusive, royalty-free, worldwide license to display User Content or portions thereof on the Site for demonstration, marketing and demographic reporting purposes, with the understanding that names and other personally-identifying information will be removed from User Content by Readocity prior to such display thereof.

(b)        You acknowledge and agree that you are solely responsible for maintaining the confidentiality of Your Account and the activities associated therewith.  You represent and warrant that Your Account information will be accurate.  In the event of any unauthorized use of Your Account and any other breach of security that you encounter, you must notify Readocity immediately.  Readocity cannot and will not be responsible for any loss or damage arising from your failure to comply with these requirements or as a result of use or misuse of Your Account, either with or without your knowledge, whether by you or a third party, to the extent permissible under applicable law.  You acknowledge that Your Account may not be accessed by anyone other than you or transferred to any other person and you are expressly prohibited from using anyone else’s Readocity account.  You are fully responsible for controlling access to Your Account and the use thereof, and the consequences of any possible misuse.

3.  Intellectual Property Rights

      (a)  The Readocity App, the Site and the Readocity Content (collectively, the “Readocity IP”) are the sole and exclusive property of Readocity (with the exception of materials where rights are specifically attributed to a third party), all rights reserved, and protected under U.S. and International copyright laws.  For the purposes of these Terms of Use, “Readocity Content” means the Readocity App, photographs, text, ideas, concepts, treatments, formats, artwork, drawings, videos, audiovisual works, sound recordings, software code, reports, tables, charts, recommendations, lists and/or similar materials that are submitted, posted, uploaded, embedded, displayed, distributed, communicated or otherwise added to the Site or the Readocity App, excluding such materials where rights are specifically attributed to a third party.  Except as we may specifically agree to in writing, no Readocity IP may be used, copied, reproduced (including, without limitation, the copying, transmitting, or saving of digital files), displayed, distributed, modified, or used to create a derivative work.  You will not (a) frame or embed the Readocity IP or introduce any virus, worm, spyware, or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Readocity IP or the operation of the Site; or (b) scrape, spider, use a robot or other automated means of any kind to access the Readocity Content.  Any unauthorized use of Readocity IP is a federal offense and will be prosecuted to the fullest extent of the law. 

All trademarks, slogans, service marks, trade names, and trade dress appearing on the Readocity IP are proprietary to Readocity and/or our partners, affiliates, licensors or licensees.  Readocity may change the Site or delete or modify Site Content or the Services at any time, in any way, for any reason.

If you have any questions about copyrights or want to request permission to use any Readocity IP, please contact us at info@readocity.com.

(b)  Your User Content shall remain your sole and exclusive property.  Except as otherwise outlined in these Terms of Use or as you may specifically agree to in a separate writing, we may not use, copy, reproduce (including, without limitation, the copying, transmitting, or saving of digital files), display, distribute, modify, or create a derivative work from your User Content.  It is your responsibility to safeguard your intellectual property rights with respect to your User Content.  You acknowledge that Readocity simply provides an application to assist with furtherance of children’s early learning, literacy and reading education, and Readocity cannot and does not assume any liability relating to Your Content and the subject matter thereof.  You agree to indemnify, defend, and hold harmless Readocity, and its affiliates, partners, licensees and assignees from and against any infringement claims relating to your User Content, whether asserted by you or a third party.  Readocity reserves the right, in its sole discretion, to delete, remove, refuse to display, or block any User Content or block any user’s access to the Site, the Readocity App and/or the Services for any reason whatsoever.

4.  Customized Reading Lists and Resources

Readocity expressly does not represent and warrant that any or all of the custom literary recommendations generated for your child based on the information provided by you to Your Account () will be appropriate for your child, your child’s level of maturity, or your child’s reading level; (b) will not contain any material deemed to be objectionable by the child or his or her parent or teacher; (c) will be enjoyed by your child; or (d) will be immediately available for your child for lending or purchase.  As the parent, legal guardian, teacher or other authorized adult user of Readocity, you acknowledge it is your sole responsibility to monitor the child’s reading materials and keep yourself apprised of the content set forth therein.

5.  Links to Third Parties

The Site may have links to web sites owned by advertisers and other third parties (the "Linked Sites").  Readocity does not control or monitor the Linked Sites and shall not be responsible for any materials, information, or content posted on the Linked Sites. The inclusion of the Linked Sites on the Site does not imply any endorsement or sponsorship by Readocity of the Linked Sites. You are solely responsible for your access of the Linked Sites and any interactions and transactions you engage in as a result of such access.

6. Disclaimers, Indemnification, and Limitation of Liability

(a)  DISCLAIMERS

SUBJECT TO APPLICABLE LAW, THE SITE, THE READOCITY APP, THE READOCITY CONTENT, SITE CONTENT OTHERWISE RELATED IN ANY WAY TO THE SITE OR ANY THIRD PARTY SITES OR SERVICES LINKED TO OR FROM THE SITE, AND THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT CONDITIONS OR WARRANTIES OF ANY KIND.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL CONDITIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, SUBJECT TO APPLICABLE LAW, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY READOCITY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVERS THAT MAKE SUCH READOCITY CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT YOUR ACCOUNT OR YOUR USER CONTENT (INCLUDING INPUTTED ISBN CODES) WILL NOT BE ACCIDENTALLY DELETED OR OTHERWISE LOST AS A RESULT OF ANY OF THE FOREGOING.  MOREOVER, SUBJECT TO APPLICABLE LAW, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF HARM SUSTAINED BY YOU OR YOUR PROPERTY DIRECTLY OR INDIRECTLY RESULTING FROM YOUR USE OF THE SITE, THE READOCITY CONTENT, OR THE READOCITY APP. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY READOCITY CONTENT OR THE READOCITY APP, INCLUDING, BUT NOT LIMITED TO, THAT YOUR USE OF THE SITE, THE READOCITY CONTENT AND/OR THE READOCITY APP WILL RESULT IN AN IMPROVEMENT IN YOUR CHILD’S EARLY LEARNING, LITERACY AND READING.  APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO READOCITY CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION), TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. PLEASE NOTE, HOWEVER, THAT THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER, IN PARTICULAR THE LEGAL WARRANTY FOR LATENT DEFECTS FOR USERS WHO ACCESS THE SITE IN CERTAIN JURISDICTIONS.

Reliance on Readocity Content or any information appearing on the Site is strictly at your own risk.

(b)  LIMITATION OF LIABILITY

SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR GROUP UNDERTAKINGS, OUR AND OUR GROUP UNDERTAKINGS’ PARTNERS, LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THE SITE, THE READOCITY CONTENT, THE READOCITY APP, AND/OR THE SERVICES, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY.  SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITE, THE READOCITY CONTENT, THE READOCITY APP AND/OR THE SERVICES. MOREOVER, SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.  WITH RESPECT TO USERS WHO ACCESS THE SITE IN CERTAIN JURISDICTIONS, THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER UNDER APPLICABLE LAW.

SUBJECT TO APPLICABLE LAW, READOCITY MAY,  IN ANY WAY, AT ANY TIME, FOR ANY REASON OR FOR NO REASON, WITHOUT LIABILITY (A) TERMINATE YOUR FURTHER ACCESS TO THE SITE OR THE READOCITY APP; (B) CHANGE THE READOCITY IP, INCLUDING, BUT NOT LIMITED TO, THE READOCITY APP AND READOCITY CONTENT; (C)  DELETE READOCITY CONTENT OR READOCITY APP FEATURES; OR (D) CHANGE THE ACCOUNT SUBSCRIPTION AND/OR FEE STRUCTURE.

NO CLAIMS, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE MADE BY READOCITY WITH RESPECT TO (A) THE QUALITY OF YOUR USER EXPERIENCE; (B) IMPROVEMENTS IN YOUR CHILD’S EARLY LEARNING, LITERACY AND/OR READING;  (C) THE APPROPRIATENESS OF THE READING MATERIALS SUGGESTED BY READOCITY FOR YOUR PARTICULAR CHILD; AND (D) THE AVAILABILITY OF READING MATERIALS RECOMMENDED FOR YOUR CHILD.  IN NO EVENT SHALL READOCITY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES TO PROPERTY OR LIFE WHATSOEVER ARISING OUT OF OR CONNECTED WITH THE USE OR MISUSE OF THE SITE, THE READOCITY CONTENT, THE READOCITY APP, AND/OR THE SERVICES.  YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS READOCITY, AND ITS AFFILIATES, PARTNERS, LICENSORS (INCLUDING, NOT LIMITED TO, APPLE), LICENSEES, AND ASSIGNEES FROM AND AGAINST ANY LOSSES, DAMAGES, AND CLAIMS DIRECTLY OR INDIRECTLY RELATING TO OR RESULTING FROM YOUR USE OF THE READOCITY CONTENT, INCLUDING THE READOCITY APP, OR FROM YOUR BREACH OF THESE TERMS OF USE.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 6 AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

7.  Termination. 

You may terminate these Terms of Use at any time by discontinuing use of the Readocity App, contacting Readocity at info@readocity.com, or, in the case of terminating your access to Your Account, electing to cancel Your Account and discontinuing use of the Readocity App.  Readocity may immediately terminate these Terms of Use with respect to you (including terminating your access to Your Account) in its sole discretion including, without limitation, if you breach or fail to comply with any material term or provision of these Terms of Use.

Upon termination, you must cease use of the Site and the Readocity App and delete the Readocity App from your supported device(s).  In the interest of maximizing the Site’s speed and functioning, Your Account, if any, will be deleted. 

Readocity has adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are infringers of copyright. Any fraudulent, abusive or otherwise illegal activity may also be grounds for termination of your access to the Site, the Readocity App, and the Readocity Content, at our sole discretion, and you may be reported to appropriate law-enforcement agencies.

8.  Jurisdictional and Venue Issues; Governing Law. 

(a)  Subject to the requirements of applicable consumer rights and other laws, you agree that any action at law or in equity arising out of or relating to these Terms of Use, the Site, the Readocity App, the Readocity Content, or the Services shall be filed, and that venue properly lies, only in state or federal courts located in the Commonwealth of Massachusetts, United States of America, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.  Readocity makes no representation that the Readocity Content is appropriate or available for use in any particular location. Those who choose to access the Site or use the Readocity App do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.

(b)  Subject to the requirements of applicable consumer rights and other laws, these Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts and the laws of the United States, without giving effect to any principles of conflicts of law. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

(c)  No waiver of any provision of any term of these Terms of Use by Readocity shall be deemed a further or continuing waiver of such provision or any other provision, and Readocity’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

(d)  TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE, THE SITE, THE READOCITY CONTENT, THE READOCITY APP OR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR (OR THE MINIMUM REQUIRED PERIOD, IF LONGER) AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

9.  Amendment.  Subject to applicable law, Readocity may amend these Terms of Use (including by modification, deletion and/or addition of any portion thereof) at any time, for any reason or for no reason. If Readocity makes a material amendment to these Terms of Use, Readocity will notify you by posting notice of such amendment, including the effective date thereof, on the Site as well as in the Readocity app.