1. Your Acceptance
By using and/or visiting this website (collectively, including all content and
functionality available through the Readthewords.com domain name, the
"Readthewords Website", or "Website"), you signify your
agreement to (1) these terms and conditions (the "Terms of Service"),
(2)Readthewords's privacy notice, found at http://www.readthewords.com/privacy.aspx
and incorporated here by reference. If you do not agree to any of these
terms, the Readthewords privacy notice, or the Community Guidelines, please do
not use the Readthewords Website.
Although we may attempt to notify you when major changes are made to these
Terms of Service, you should periodically review the most up-to-date version http://www.readthewords.com/terms.aspx).
Readthewords may, in its sole discretion, modify or revise these Terms of
Service and policies at any time, and you agree to be bound by such
modifications or revisions. Nothing in this Agreement shall be deemed to confer
any third-party rights or benefits.
2. Readthewords Website
These Terms of Service apply to all users of the Readthewords Website,
including users who are also contributors of audio content, information, and
other materials or services on the Website. The Readthewords Website includes
all aspects of Readthewords, including but not limited to all products,
software and services offered via the website such as the Readthewords
channels, the Readthewords "Embeddable Player," the Readthewords
"Uploader" and other applications.
The Readthewords Website may contain links to third party websites that are not
owned or controlled by Readthewords. Readthewords has no control over, and
assumes no responsibility for, the content, privacy policies, or practices of
any third party websites. In addition, Readthewords will not and cannot censor
or edit the content of any third-party site. By using the Website, you
expressly relieve Readthewords from any and all liability arising from your use
of any third-party website.
Accordingly, we encourage you to be aware when you leave the Readthewords
website that you visit.
3. Readthewords Accounts
In order to access some features of the Website, you will have to create a
Readthewords account. You may never use another's account without permission.
When creating your account, you must provide accurate and complete information.
You are solely responsible for the activity that occurs on your account, and
you must keep your account password secure. You must notify Readthewords
immediately of any breach of security or unauthorized use of your account.
Although Readthewords will not be liable for your losses caused by any unauthorized
use of your account, you may be liable for the losses of Readthewords or others
due to such unauthorized use.
4. General Use of the Website -- Permissions and Restrictions
hereby grants you permission to access and use the Website as set forth in
these Terms of Service, provided that:
You agree not to distribute in any medium any part of the Website, including
but not limited to User Submissions (defined below), without Readthewords's
prior written authorization.
You agree not to alter or modify any part of the Website, including but not
limited to Readthewords's Embeddable Player or any of its related technologies.
You agree not to access User Submissions (defined below) or Readthewords
Content through any technology or means other than the audio playback pages of
the Website itself, the Readthewords Embeddable Player, or other explicitly
authorized means Readthewords may designate.
You agree not to use the Website, including the Readthewords Embeddable Player
for any commercial use, without the prior written authorization of
Readthewords. Prohibited commercial uses include any of the following actions
taken without Readthewords's express approval:
- sale of access to the
Website or its related services (such as the Embeddable Player) on another
- use of the Website or its
related services (such as the Embeddable Player), for the primary purpose
of gaining advertising or subscription revenue;
- the sale of advertising, on
the Readthewords website or any third-party website, targeted to the
content of specific User Submissions or Readthewords content;
- and any use of the Website
or its related services (such as the Embeddable player) that Readthewords
finds, in its sole discretion, to use Readthewords's resources or User Submissions
with the effect of competing with or displacing the market for
Readthewords, Readthewords content, or its User Submissions. (For more
information about prohibited commercial uses, see
Prohibited commercial uses do not include:
- uploading an original audio
to Readthewords, or maintaining an original channel on Readthewords, to
promote your business or artistic enterprise;
- using the Embeddable Player
to show Readthewords audios on an ad-enabled blog or website, provided the
primary purpose of using the Embeddable Player is not to gain advertising
revenue or compete with Readthewords;
- any use that Readthewords
expressly authorizes in writing.
If you use the Readthewords Embeddable Player on your website, you must include
a prominent link back to the Readthewords website on the pages containing the
Embeddable Player and you may not modify, build upon, or block any portion of
the Embeddable Player in any way.
If you use the Readthewords Uploader, you agree that it may automatically
download and install updates from time to time from Readthewords. These updates
are designed to improve, enhance and further develop the Uploader and may take
the form of bug fixes, enhanced functions, new software modules and completely
new versions. You agree to receive such updates (and permit Readthewords to
deliver these to you) as part of your use of the Uploader.
You agree not to use or launch any automated system, including without
limitation, "robots," "spiders," or "offline
readers," that accesses the Website in a manner that sends more request
messages to the Readthewords servers in a given period of time than a human can
reasonably produce in the same period by using a conventional on-line web
browser. Notwithstanding the foregoing, Readthewords grants the operators of
public search engines permission to use spiders to copy materials from the site
for the sole purpose of and solely to the extent necessary for creating
publicly available searchable indices of the materials, but not caches or
archives of such materials. Readthewords reserves the right to revoke these
exceptions either generally or in specific cases. You agree not to collect or
harvest any personally identifiable information, including account names, from
the Website, nor to use the communication systems provided by the Website (e.g.
comments, email) for any commercial solicitation purposes. You agree not to
solicit, for commercial purposes, any users of the Website with respect to
their User Submissions.
In your use of the website, you will otherwise comply with the terms and
conditions of these Terms of Service, Readthewords Community Guidelines, and
all applicable local, national, and international laws and regulations.
Readthewords reserves the right to discontinue any aspect of the Readthewords
Website at any time.
5. Your Use of Content on the Site
addition to the general restrictions above, the following restrictions and
conditions apply specifically to your use of content on the Readthewords
The content on the Readthewords Website, except all User Submissions (as
defined below), including without limitation, the text, software, scripts,
graphics, photos, sounds, music, audios, interactive features and the like
("Content") and the trademarks, service marks and logos contained
therein ("Marks"), are owned by or licensed to Readthewords, subject
to copyright and other intellectual property rights under the law. Content on
the Website is provided to you AS IS for your information and personal use only
and may not be downloaded, copied, reproduced, distributed, transmitted,
broadcast, displayed, sold, licensed, or otherwise exploited for any other
purposes whatsoever without the prior written consent of the respective owners.
Readthewords reserves all rights not expressly granted in and to the Website
and the Content.
You may access User Submissions solely:
- for your information and
- as intended through the
normal functionality of the Readthewords Service; and
- for Streaming.
means a contemporaneous digital transmission of an audio and/or visual work via
the Internet from the Readthewords Service to a user's device in such a manner
that the data is intended for real-time viewing and not intended to be copied,
stored, permanently downloaded, or redistributed by the user. Accessing User Audios
for any purpose or in any manner other than Streaming is expressly prohibited.
User Audios are made available "as is."
User Comments are made available to you for your information and personal use
solely as intended through the normal functionality of the Readthewords
Service. User Comments are made available "as is", and may not be
used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold,
licensed, downloaded, or otherwise exploited in any manner not intended by the
normal functionality of the Readthewords Service or otherwise as prohibited
under this Agreement.
You may access Readthewords Content, User Submissions and other content only as
permitted under this Agreement. Readthewords reserves all rights not expressly
granted in and to the Readthewords Content and the Readthewords Service.
You agree to not engage in the use, copying, or distribution of any of the
Content other than expressly permitted herein, including any use, copying, or
distribution of User Submissions of third parties obtained through the Website
for any commercial purposes.
You agree not to circumvent, disable or otherwise interfere with
security-related features of the Readthewords Website or features that prevent
or restrict use or copying of any Content or enforce limitations on use of the
Readthewords Website or the Content therein.
You understand that when using the Readthewords Website, you will be exposed to
User Submissions from a variety of sources, and that Readthewords is not
responsible for the accuracy, usefulness, safety, or intellectual property
rights of or relating to such User Submissions. You further understand and
acknowledge that you may be exposed to User Submissions that are inaccurate,
offensive, indecent, or objectionable, and you agree to waive, and hereby do
waive, any legal or equitable rights or remedies you have or may have against Readthewords
with respect thereto, and agree to indemnify and hold Readthewords, its
Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent
allowed by law regarding all matters related to your use of the site.
6. Your User Submissions and Conduct
As a Readthewords account holder you may submit audio content ("User Audios")
and textual content ("User Comments"). User Audios and User Comments
are collectively referred to as "User Submissions." You understand
that whether or not such User Submissions are published, Readthewords does not
guarantee any confidentiality with respect to any User Submissions.
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
Readthewords to use all patent, trademark, trade secret, copyright or other
proprietary rights in and to 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.
For clarity, you retain all of your ownership rights in your User Submissions.
However, by submitting User Submissions to Readthewords, you hereby grant
Readthewords a worldwide, non-exclusive, royalty-free, sublicenseable and
transferable license to use, reproduce, distribute, prepare derivative works
of, display, and perform the User Submissions in connection with the
Readthewords Website and Readthewords's (and its successors' and affiliates')
business, including without limitation for promoting and redistributing part or
all of the Readthewords Website (and derivative works thereof) in any media
formats and through any media channels. You also hereby grant each user of the
Readthewords Website a non-exclusive license to access your User Submissions
through the Website, and to use, reproduce, distribute, display and perform
such User Submissions as permitted through the functionality of the Website and
under these Terms of Service. The above licenses granted by you in User Audios
terminate within a commercially reasonable time after you remove or delete your
User Audios from the Readthewords Service. You understand and agree, however,
that Readthewords may retain, but not display, distribute, or perform, server
copies of User Submissions that have been removed or deleted. The above
licenses granted by you in User Comments are perpetual and irrevocable.
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
to post the material and to grant Readthewords all of the license rights
Readthewords does not endorse any User Submission or any opinion,
recommendation, or advice expressed therein, and Readthewords expressly
disclaims any and all liability in connection with User Submissions.
Readthewords does not permit copyright infringing activities and infringement
of intellectual property rights on its Website, and Readthewords will remove
all Content and User Submissions if properly notified that such Content or User
Submission infringes on another's intellectual property rights. Readthewords
reserves the right to remove Content and User Submissions without prior notice.
7. Account Termination Policy
Readthewords will terminate a User's access to its Website if, under
appropriate circumstances, they are determined to be a repeat infringer.
Readthewords reserves the right to decide whether Content or a User Submission
is appropriate and complies with these Terms of Service for violations other
than copyright infringement, such as, but not limited to, pornography, obscene
or defamatory material, or excessive length. Readthewords may remove such User
Submissions and/or terminate a User's access for uploading such material in
violation of these Terms of Service at any time, without prior notice and at
its sole discretion.
8. Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any User
Submission or other content infringes upon your copyrights, you may submit a
notification pursuant to the Digital Millennium Copyright Act
("DMCA") by providing our Copyright Agent with the following
information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic
signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed;
- Identification of the
copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site;
- Identification of the
material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be
disabled and information reasonably sufficient to permit the service
provider to locate the material;
- Information reasonably
sufficient to permit the service provider to contact you, such as an
address, telephone number, and, if available, an electronic mail;
- A statement that you have a
good faith belief that use of the material in the manner complained of is
not authorized by the copyright owner, its agent, or the law; and
- A statement that the
information in the notification is accurate, and under penalty of perjury,
that you are authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed.
Counter-Notice. If you believe that your User Submission that was removed (or
to which access was disabled) is not infringing, or that you have the
authorization from the copyright owner, the copyright owner's agent, or
pursuant to the law, to post and use the content in your User Submission, you
may send a counter-notice containing the following information to the Copyright
- Your physical or electronic
- Identification of the content
that has been removed or to which access has been disabled and the
location at which the content appeared before it was removed or disabled;
- A statement that you have a
good faith belief that the content was removed or disabled as a result of
mistake or a misidentification of the content; and
- Your name, address,
telephone number, and e-mail address, a statement that you consent to the
jurisdiction of the federal court in New Jersey and a statement that you
will accept service of process from the person who provided notification
of the alleged infringement.
a counter-notice is received by the Copyright Agent, Readthewords may send a
copy of the counter-notice to the original complaining party informing that
person that it may replace the removed content or cease disabling it in 10
business days. Unless the copyright owner files an action seeking a court order
against the content provider, member or user, the removed content may be
replaced, or access to it restored, in 10 to 14 business days or more after
receipt of the counter-notice, at Readthewords's sole discretion.
9. Warranty Disclaimer
AGREE THAT YOUR USE OF THE READTHEWORDS WEBSITE SHALL BE AT YOUR SOLE RISK. TO
THE FULLEST EXTENT PERMITTED BY LAW, READTHEWORDS, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. READTHEWORDS MAKES NO
WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S
CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO
LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION
OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD
PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR 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 READTHEWORDS WEBSITE.
READTHEWORDS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR
ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
READTHEWORDS WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR
OTHER ADVERTISING, AND READTHEWORDS WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
10. Limitation of Liability
NO EVENT SHALL READTHEWORDS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE
LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION
OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE
BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR
ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT
POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE READTHEWORDS
WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY,
AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SPECIFICALLY ACKNOWLEDGE THAT READTHEWORDS SHALL NOT BE LIABLE FOR USER
SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY
AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Website is controlled and offered by Readthewords from its facilities in the
United States of America. Readthewords makes no representations that the
Readthewords Website is appropriate or available for use in other locations.
Those who access or use the Readthewords Website from other jurisdictions do so
at their own volition and are responsible for compliance with local law.
agree to defend, indemnify and hold harmless Readthewords, its parent
corporation, officers, directors, employees and agents, from and against any
and all claims, damages, obligations, losses, liabilities, costs or debt, and
expenses (including but not limited to attorney's fees) arising from: (i) your
use of and access to the Readthewords Website; (ii) your violation of any term
of these Terms of Service; (iii) your violation of any third party right,
including without limitation any copyright, property, or privacy right; or (iv)
any claim that one of your User Submissions caused damage to a third party.
This defense and indemnification obligation will survive these Terms of Service
and your use of the Readthewords Website.
12. Ability to Accept Terms of Service
affirm that you are either more than 18 years of age, or an emancipated minor,
or possess legal parental or guardian consent, and are fully able and competent
to enter into the terms, conditions, obligations, affirmations,
representations, and warranties set forth in these Terms of Service, and to abide
by and comply with these Terms of Service. In any case, you affirm that you are
over the age of 13, as the Readthewords Website is not intended for children
under 13. If you are under 13 years of age, then please do not use the
Readthewords Website. There are lots of other great web sites for you. Talk to
your parents about what sites are appropriate for you.
Terms of Service, and any rights and licenses granted hereunder, may not be
transferred or assigned by you, but may be assigned by Readthewords without
agree that: (i) the Readthewords Website shall be deemed solely based in
California; and (ii) the Readthewords Website shall be deemed a passive website
that does not give rise to personal jurisdiction over Readthewords, either
specific or general, in jurisdictions other than California. These Terms of
Service shall be governed by the internal substantive laws of the State of
California, without respect to its conflict of laws principles. Any claim or
dispute between you and Readthewords that arises in whole or in part from the
Readthewords Website shall be decided exclusively by a court of competent
jurisdiction located in San Mateo County, California. These Terms of Service,
together with the Privacy Notice at http://www.readthewords.com/privacy.aspx
and any other legal notices published by Readthewords on the Website, shall
constitute the entire agreement between you and Readthewords concerning the
Readthewords Website. If any provision of these Terms of Service is deemed
invalid by a court of competent jurisdiction, the invalidity of such provision
shall not affect the validity of the remaining provisions of these Terms of
Service, which shall remain in full force and effect. No waiver of any term of
this these Terms of Service shall be deemed a further or continuing waiver of
such term or any other term, and Readthewords's failure to assert any right or
provision under these Terms of Service shall not constitute a waiver of such
right or provision. Readthewords reserves the right to amend these Terms of
Service at any time and without notice, and it is your responsibility to review
these Terms of Service for any changes. Your use of the Readthewords Website
following any amendment of these Terms of Service will signify your assent to
and acceptance of its revised terms. YOU AND READTHEWORDS AGREE THAT ANY CAUSE
OF ACTION ARISING OUT OF OR RELATED TO THE READTHEWORDS WEBSITE MUST COMMENCE
WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF
ACTION IS PERMANENTLY BARRED.