1. Basic Terms
You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. Most of the Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.
You may use the Services only if you can form a binding contract with Readish and are not a person barred from receiving services under the laws of your residential country, the United States, or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
Readish.com will not be liable to you or any others for any loss or damages due to your use of the Services. You agree to indemnify, defend and hold harmless Readish from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys' fees) arising from your violation of these Terms.
The form, nature, scope, and features of the Services may change from time to time without prior notice to you. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising on the Services are subject to change. In consideration for Readish granting you access to and use of the Services, you agree that Readish and its third party partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Readish cannot and will not be liable for any loss or damage arising from your failure to comply with the above. You agree to notify Readish of any unauthorized use or breach of your account.
4. Your Responsibilities For Content
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Readish be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
You agree not to upload, email, store, or otherwise make available:
any Content that is unlawful, harmful, threatening, abusive, bullying, harassing, violent, defamatory, vulgar, obscene, sexually explicit, invasive of another's privacy, predatory, stalking, hateful, or racially, ethnically, or otherwise deemed objectionable by Readish;
any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letter," "pyramid schemes," "affiliate links," or any other form of solicitation, including misleading tags, titles, descriptions, or thumbnails, and repetitive content;
any Content that violates copyright, trademark or other laws protecting intellectual property, or that violates an individual's publicity or privacy rights;
any code or material that harms or interferes with any device, software, network or service, that transmits viruses, malwares, causes pop-ups, attempts to install software without the user’s consent or otherwise impact the users with malicious code.
If you violate the above conditions, Readish will suspend the content and your account without any notice.
You agree not to violate any laws or regulations in your state or country (including but not limited to laws governing intellectual property rights, online conduct or online content).
You agree that you have all the rights, licenses, and permissions from third parties to use, reproduce, publish, and display Content belonging to others.
5. Your Rights
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant Readish a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in order for Readish to provide you the Services. If you object to any Content on a Services website, your sole remedy is to cease using that website.
You agree that Readish may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
6. Your License To Use the Services
Readish gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Readish Web application that is provided to you as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Readsih, in the manner permitted by these Terms.
Beta Services. Readish may make available a "beta" version the Services ("Beta Services") for evaluation and feedback. Beta Services are Services that are in an early development stage and not available as standard product offerings. You are not obligated to use Beta Services, but if you elect to do so, you agree to the following additional terms: (i) Beta Services may contain bugs, errors and other problems and is provided to you "AS IS"; (ii) Readish makes no warranties and disclaims all liability with respect to the Beta Services; and (iii) you agree to respond to Readish's questions and inquiries regarding your use of the Beta Services. Readish may suspend or terminate access to Beta Services and delete any Content or data provided to Readish with respect to such Beta Services at any time, without notice and without compensation.
7. Readish Rights
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Readish and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Readish name or any of the Readish trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Readish, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
You agree that Readish has no obligation to monitor your use of the Services but has the right to do so to ensure your compliance with this Agreement, or to comply with any law, order, or requirement of any court or government authority in any country.
8. Restrictions on Content and Use of the Services
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Readish, its users and the public.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Readish’s computer systems, or the technical delivery systems of Readish’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Readish (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Readish (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Readish is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
9. Copyright Policy
Readish respects the intellectual property rights of others and expects users of the Services to do the same. We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Readish will also terminate a user’s account if the user is determined to be a repeat infringer. If you believe that Readish or any user of Readish has violated a copyright, please contact us at our Feedback form at http://readish.com/tools/feedback under the issue of “Copyrights and intellectual property“.
10. Ending These Terms
The Terms will continue to apply until terminated by either you or Readish as follows. You may end your legal agreement with Readish at any time for any reason bydeactivating your accounts and discontinuing your use of the Services. We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i)you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 4, 5, 7, 8, 10, 11, and 12.
Nothing in this section shall affect Readish’s rights to change, limit or stop the provision of the Services without prior notice, as provided above in section 1.
11. Disclaimers and Limitations of Liability
This section limits the liability of Readish and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Readish Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
You agree that Readish will not be responsible for failure of performance due to causes beyond its control, like, for example, accidents of God, labor disputes, shortage of materials, acts of terrorism, or the stability or availability of the Internet or a portion of the Internet.
No Warranties: The Services are Available "AS-IS." Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE READISH ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Readish Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Readish Entities or through the Services, will create any warranty not expressly made herein.
Links. The Services may contain links to third-party websites or resources. You acknowledge and agree that the Readish Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Readish Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE READISH ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE READISH ENTITIES EXCEED THE AMOUNT YOU PAID READISH, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE READISH ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE..
12. General Terms
Waiver and Severability. The failure of Readish to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
Controlling Law and Jurisdiction. These Terms and any action related thereto will be governed by the laws of Malaysia without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Malaysia, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
Changes to this Agreement. Readish may change the terms of this agreement and recommends that you review them on a regular basis. You can review the most current version of this agreement at: http://readish.com/terms_of_use. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
Effective: June 7, 2013.