Terms & Conditions
TERMS AND CONDITIONS OF USE
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
(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
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 firstname.lastname@example.org.
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
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.
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.