Terms of Service
Welcome, and thank you for your interest in the Readitt service (“Readitt,” “we,” or “us”) and our websites at www.Readitt.com, along with other related websites, networks, applications, and other services provided by us (collectively, our “Service”). These Terms of Service are a legally binding contract between you and Readitt regarding your use of the Service.
These Terms provide that all disputes between you and Readitt will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section 20 (“Dispute Resolution and Arbitration”) for the details regarding your agreement to arbitrate any disputes with Readitt.
1. Readitt Service Overview. Readitt operates and maintains an online literature platform which provides online reading services and publishing service.
2. Eligibility. You must be at least 13 years of age to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 years of age; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
3. Accounts and Registration. To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your email address or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at service@Readitt.com.
4. Payment Terms. This section will help you understand what you are buying when you purchase or subscribe an item and how that transaction takes place on Readitt.
4.2 The total price for an item on Readitt is made up of:
- Item price: The item price is made up by authors.
- Handling fee: In some transactions on Readitt the total price will exclude a handling fee.
4.3 If you have Readitt account, you can make payments in one of two ways: you can ‘Buy Now’ or you can buy Readitt Credits via your Readitt account. If you buy an item as a Guest you will only be able to ‘Buy Now’ as Readitt Credits will not be available to Guests.
4.4. Readitt Credits: When you place money into your Readitt account it is converted by your financial institution from your currency to US Dollars. We then convert those US Dollars to Readitt credits. One (1) Readitt Credit is equal to one (1) US Dollar.
4.5. Readitt Credits can only be used to pay for Readitt transactions. We do not refund any monies placed into your Readitt account to buy Readitt Credits (but you may have rights under an applicable consumer law, which we don’t exclude).
4.6. If you choose to buy using Readitt Credits, the total price will be deducted from your Readitt Credits. If you haven’t used your Readitt Credits within 12 months they may expire.
4.7. Instead of using Readitt Credits, you can choose to Buy Now and you will be redirected to a payment method provider. You may be required to pay a handling fee charged over the item price.
4.8. Currency conversion costs: You are responsible for all costs of currency conversion relating to a transaction on Readitt. Your financial institution does the currency conversion and may charge you additional fees (we don’t control either the conversion rates or your financial institution’s fees). This means that you may incur additional costs when purchasing from Readitt, which we have no control over.
4.9. Terms of buying: When you buy an Readitt item you’re doing so on the following terms:
- you warrant to us and the author that you have carefully considered the suitability of your choice, and that you have chosen appropriately;
- you cannot cancel a completed purchase of an item;
- we and the authors do not promise that any particular item will continue to be available on Readitt so you should download and save the item as soon as you buy it, if it is open for download;
- once you buy or download an item and the item has been paid for, you acquire a non-exclusive license to use the item under the terms set out in the license (non-exclusive means others might also license the same item);
- the author retains ownership of the item;
- your relevant details may be provided to the author of the item in order to facilitate the transaction, for example for invoicing and item support services; transaction limits may apply to Readitt Credits (such as total or daily limits);
4.9.1 Payment processing services are provided by the third-party service through which the purchase is made (e.g., PayPal).
5.1 Limited License. Subject to your complete and ongoing compliance with these Terms, Readitt grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile application associated with the Service obtained from a legitimateplace (whether installed by you or pre-installed on your mobile device by the device manufacturer) on a mobile device that you own or control; and (b) access and use the Service.
5.2 License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.
6. User Content
6.1. As a Readitt.com account holder you may submit textual, audio, visual, or audiovisual content including but not limited to stories, poetry, polls, profile images, forum messages or instant messages. User submitted content are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, Readitt.com does not guarantee any confidentiality with respect to any User Submissions.
6.2. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Readitt.com to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions and have all necessary consents to collect, use and disclose any personally identifiable information contained or displayed in any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
6.3. For clarity, you retain all of your ownership rights in your User Submissions. You also hereby grant each user of the Readitt.com Website a non-exclusive license to access your User Submissions through the Website. You understand and agree, however, that Readitt.com may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted.
6.4. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner and the necessary consents from any individuals whose personally identifiable information is contained in such material to post the material and to grant Readitt.com all of the license rights granted herein.
6.5. You further agree that you will not, in connection with User Submissions, submit material that is contrary to the Readitt.com Community Guidelines, found at http://www.Readitt.com/guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
6.6. Readitt.com does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Readitt.com expressly disclaims any and all liability in connection with User Submissions. Readitt.com does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Readitt.com will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights or contravenes any applicable privacy legislation. Readitt.com reserves the right to remove Content and User Submissions without prior notice.
7.Digital Millennium Copyright Act
7.1 DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:
a.an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed; b.a description of the copyright-protected work or other intellectual property right that you claim has been infringed; c.a description of the material that you claim is infringing and where it is located on the Service; d.your address, telephone number, and email address; e.a statement by you that you have a good faith belief that the use of those materials on the Service is not authorized by the copyright owner, its agent, or the law; and f.a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
7.2 Repeat Infringers. Readitt will promptly terminate without notice the accounts of users that are determined by Readitt to be “Repeat Infringers.” A Repeat Infringer is a user who has been notified of infringing activity or has had User Content removed from the Service at least twice.
Prohibited Conduct. By using the service you agree NOT to:
a.use the Service for any illegal purpose or in violation of any local, state, national, or international law; b.violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right; c.post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate; d.interfere with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law; e.interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) attempting to collect personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any such network, equipment, or server; f.perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth; g.sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 13) or any right or ability to view, access, or use any Material; or h.attempt to do any of the acts described in this Section 8, or assist or permit any person in engaging in any of the acts described in this Section 8.
9. Third-Party Services and Linked Websites. Readitt may provide tools through the Service that enable you to export information, including User Content, to third party services, including through features that allow you to link your account on Readitt with an account on the third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that we may transfer that information to the applicable third-party service. Third party services are not under our control, and we are not responsible for any third party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under our control, and we are not responsible for their content.
10. Termination of Use; Discontinuation and Modification of the Service. You may terminate your account at any time by contacting customer service at service@Readitt.com. If you terminate your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Service. If you violate any provision of these Terms, your permission from us to use the Service will terminate automatically. In addition, Readitt may in its sole discretion terminate your user account on the Service or suspend or terminate your access to the Service at any time for any reason or no reason, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service.
11.2. Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”), such as end-user license agreements for any downloadable software applications, or rules that applicable to a particular feature or content on the Service, subject to Section 12. All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
12. Modification of these Terms. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
13 Ownership; Proprietary Rights. The Service is owned and operated by Readitt. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by Readitt are protected by intellectual property and other laws. All Materials included in the Service are the property of Readitt or our third-party licensors. Except as expressly authorized by Readitt, you may not make use of the Materials. Readitt reserves all rights to the Materials not granted expressly in these Terms.
14. Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Readitt an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
15. Indemnity. You are responsible for your use of the Service, and you will defend and indemnify Readitt and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Readitt Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
16.Disclaimers; No Warranties
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE Readitt ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE Readitt ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE Readitt ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
17.Limitation of Liability
IN NO EVENT WILL THE Readitt ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY Readitt ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS PROVIDED IN SECTION 20.4(iii), THE AGGREGATE LIABILITY OF THE Readitt ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO Readitt FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT(S) OR CIRCUMSTANCES GIVING RISE TO CLAIM; OR (B) $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 17 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.