Terms of Use
Welcome to readingtrails.com (the "Site"). This Site is offered as a service of Reading Trails LTD ("We" or "Us") to our customers. The following terms and conditions of use (the "Terms of Use") set forth the basic rules that govern your use of the Site and our services.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. THEY GOVERN YOUR USE OF THE SITE. IF YOU DO NOT AGREE TO THE TERMS STATED BELOW, YOU MAY NOT USE THE SITE. Your use of this Site constitutes your knowledge, understanding, and acceptance of the Terms of Use, and your agreement to be bound by the Terms of Use. The Terms of Use are effective as of the date indicated at the top of this page (the "Effective Date"). Continued use of the Site by you after the Effective Date constitutes your acceptance of the Terms of Use on and after the Effective Date. we may change, edit, modify, delete, revise, or update the Terms of Use from time to time without notice, and your use of this Site after any changes, edits, modifications, deletions, revisions, or updates are posted to the Site constitutes your agreement to comply with the posted Terms of Use.
2. User Account
A user account (your "User Account") is required to use some features of the Site. You agree to provide accurate information as required to establish your User Account. You may not impersonate another person or entity in creating or using a User Account. If you are under the age of 18, you may only use the Site in conjunction with and under the supervision of your parents or guardians, and with express permission from us. For this reason, we ask that children do not submit any personal information to us or the Site.
You are responsible for the personal protection and security of any password or username that you may use to access this Site, if any. You are responsible for all direct or indirect damages and liable for all activity conducted on this Site that can be linked or traced back to any prohibited uses of the Site conducted under your username or password. You are obligated to immediately report a lost or stolen password or username to us. Furthermore, you are obligated to notify us immediately if your User Account has been improperly used.
We are not liable for any losses caused by your use of your User Account, whether authorized by you or unauthorized by you. You are liable for any information, comments, postings, and/or content related to your User Account.
3. Site Content
The text, Trademarks, logos, images, graphics, photos, video files, application functionality, or any other digital media, and their arrangement on this Site, either available on the Site or through the Site ("Site Content") are all subject to patent, copyright, trademark, trade secret, and other intellectual property protection.
4. Trademarks
The trademarks, trade names, trade dress, logos, and service marks (collectively, the "Trademarks") displayed on this Site are the registered and/or unregistered Trademarks of Reading Trails, or such third party licensors that may own the displayed Trademarks. Nothing contained on this Site or in the Terms of Use serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Site without the written permission from us or such third party licensors that may own the displayed Trademarks.
You acknowledge and agree that you are solely responsible for any content or information that is submitted to the Site by you, through your User Account, or otherwise attributable to you, including, but not limited to, book reviews, Reading Trails(TM) threads, intersections, links, reviews, ideas, feedback or other information about us or the Site, including any information incidental to the act of submitting to the Site, including your usage information such as time and date information and other information from your User Account (a "Submission"). We assume no responsibility or liability for the content of any Submission. Submissions may not contain any content that is objectionable, offensive or injurious to any party, including content that invades the privacy or otherwise violates the rights of others, and including content that is otherwise illegal, obscene, threatening, or defamatory. Submissions may not contain software, "spam" in any form, mass mailings, or any commercial content. Each Submission must be correctly identified with your User Account and may not impersonate another party, or be misleading in any way, including through the use of a misleading email address, or username.
You assign to us the entire right, title, and interest in the copyright of any Reading Trails(TM) thread, arrangement of books, listing of books, book reviews, or text that is part of the Submission, specifically including the exclusive right to enforce such copyright (the "Submission Copyright Assignment").
You irrevocably grant to us a perpetual, non-exclusive, transferable, fully paid-up, worldwide license with the right to grant and authorize sublicenses (the "Submission License") to any and all intellectual property rights in the Submission that are not included in the Submission Copyright Assignment, with the Submission License expressly including rights to use in any manner, to copy, to publicly perform, to publicly display, to reformat, to translate, to excerpt (in whole or in part) to prepare derivative works of, to incorporate into other works, and to distribute the Submission for any purpose, commercial or non-commercial.
Furthermore, you agree that any updated version of the Terms of Use shall apply to all information already submitted to us, and you assign a Submission Copyright Assignment and grant a Submission License for any rights in Submissions that were not assigned or granted in any previous version of the Terms of Use.
You may not submit any Submission to the Site that you did not create. You further represent and warrant that you are the rightful title holder of any and all intellectual property rights of any Submission, that you have the unencumbered right to grant the Submission Copyright Assignment and/or the Submission License to us and that you consider any Submission to be non-confidential.
You acknowledge and agree that we may monitor, review, and track any and all Submissions at any time, but is not obligated to do so. You further acknowledge and agree that we may remove or delete any Submission in its sole subjective discretion and without notice to you. You acknowledge and agree that, although we may store any Submissions pursuant to the Submission License, we are under no obligation to do so or to provide you any access to your Submission. You may not rely on us to retain a copy of any Submission. You are responsible for storing and retaining any copies of all Submissions to which you may want future access.
6. Limited License to Use Site Content
We grant to you, at our sole discretion, only a limited, personal, revocable at any time (without notice), non-exclusive, non-transferable license to access and view the Site Content (the "Site Content License") without the right to modify, copy, download, republish, link to, frame, distribute, display, sell, repackage, collect, upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, store or use the Site Content. Furthermore, the Site Content License specifically does not authorize and strictly prohibits any use for any commercial purpose. Under the Site Content License, only you may access and view the Site Content. No automated means may be used to access or view the Site Content on your behalf, including software means such as robots, spiders, wanderers or other software routines purposed for the collection of information, data-mining, data-extraction, scraping or other data-gathering methods.
We may present various descriptions of books on the Site, including titles, thumbnails, third-party identification numbers (the "Descriptors"). Any Descriptors presented on the Site are part of the Site Content and are presented under our license of to use any intellectual property rights used from the respective owners. The Site Content License does not include any rights in the Descriptors other than those explicitly granted by the Site Content License. To obtain any further rights in the Descriptors, you must receive those rights from the respective owners of the rights.
Any use of the Site or Site Content that violates the Site Content License will terminate the Site Content License automatically and without notice to you. No license is granted to the Site Content either explicitly, implicitly, by estoppel or other equitable means except for the Site Content License as explicitly limited herein.
The sole consideration received by you for assigning the Submission Copyright Assignment to us and granting of the Submission License to us shall be the rights granted under the Site Content License at the time of submitting the Submission, and no future grant of the Site Content License or guaranteed extension thereof shall be granted based on you granting the Submission License to us. Furthermore, you will not be entitled to any further consideration or acknowledgement for granting the Submission License to us.
7. No Endorsement or Liability for User-Generated or Third-Party Content
Although third-party or user-generated Submissions may be posted on this Site, the posting of those Submissions does not constitute our endorsement of those Submissions. We are not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential or punitive damages, personal injury, or wrongful death in connection with third-party or user-generated Submissions.
To the extent that the Sites may allow third-party links, those links may direct you to third-party websites that are not affiliated with us. We are not liable for any harm or damages related to the purchase or use of software, "widgets," goods, services, resources, content, or any other transactions ("Third-Party Products") provided by or made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding Third-Party Products should be directed to the third party. In addition, any Site Content or other content that may be created by us, and provided through a third-party, is subject to limitations on liability described in these Terms of Use.
9. Copyrights and Digital Millennium Copyright Agents
Pursuant to our rights under the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512, we have adopted a DMCA Policy governing our actions in compliance with the DMCA, and we have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on this Site. Our copyright agent is our intellectual property counsel. Our intellectual property counsel can be reached at 303-572-6500, denipmail@gtlaw.com, or via U.S. Mail at: Reading Trails LTD Intellectual Property Counsel, Denver IP Docketing, Greenberg Traurig, LLP, 1200 17th Street, Denver, CO 80202.
10. DMCA Infringement Notification
To be effective, your infringement notification must include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. 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.
3. Identification of the material or content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and email address where the complaining party may be contacted;
5. The following statement: "I 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
6. The following statement: "The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
3. We will take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the content.
11. DMCA Infringement Counter Notification
Pursuant to the DMCA, after the alleged infringer receives a notice of infringement from us, the alleged infringer will have the opportunity to respond to us with a counter notification ("Counter Notification"). To be effective, a Counter Notification must be a written communication provided to our designated copyright agent, and must include the following:
1. A physical or electronic signature of the subscriber;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
3. The following statement: "I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled"; and
4. The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the federal district court for the judicial district in which the subscriber address is located, or if the subscriber's address is outside of the United States, or any judicial district in which Reading Trails may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon the copyright agent's receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and we will comply with this requirement as required by law, provided that the designated agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our network.
In addition to other prohibitions as set forth elsewhere in the Terms of Use, you are prohibited from using the Site or the Site Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this Site, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish (email fraud), pharm (web traffic redirection fraud), pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of this Site, other websites, or the Internet. We reserve the right to terminate your use of the Site for violating any of the prohibited uses.
We undertake no obligation to update, amend or clarify information on this Site, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on this Site should be taken to indicate that all information on the Site has been modified or updated. Please remember when reviewing information on this Site that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on this Site to become inaccurate or incomplete.
On occasion, information on this Site may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions. We reserve the right to, at any time without prior notice, correct any errors, inaccuracies or omissions on the Site.
We reserve the right to limit the quantities of any services that offered through the Site. All descriptions of services are subject to change at any time without notice at our sole discretion. We reserves the right to discontinue any service at any time. Any offer for any promotion or service made on this Site is void where prohibited.
YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE: (1) THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE; AND (3) THAT READING TRAILS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF READING TRAILS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL READING TRAILS' TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THIS SITE EXCEED FIFTY ($50) DOLLARS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. READING TRAILS' AND ITS AFFILIATES', AGENTS', LICENSORS' AND SUPPLIERS' DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
THE CONTENT PROVIDED ON THIS SITE IS PROVIDED "AS IS" AND "WITH ALL FAULTS." READING TRAILS MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO ITS USE, AVAILABILITY, CONTENT ACCURACY, APPROPRIATENESS OR PERFORMANCE OF THIS SITE. AS A USER, YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR ITS USE OR NON-USE, AND READING TRAILS MAKES NO REPRESENTATION THAT THE CONTENT APPEARING ON OR DOWNLOADED FROM THIS SITE IS COMPATIBLE WITH YOUR COMPUTER OR FREE FROM ERROR OR VIRUSES. NO READING TRAILS EMPLOYEE, AGENT OR REPRESENTATIVE IS AUTHORIZED TO MODIFY OR AMEND THIS WARRANTY. TO THE EXTENT ALLOWABLE BY EXISTING LAW, READING TRAILS DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE AND ITS CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
READING TRAILS RESERVES THE RIGHT TO REMOVE SITE CONTENT, OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND READING TRAILS WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF THAT ACTION.
YOU AGREE TO INDEMNIFY AND HOLD READING TRAILS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSE, INCLUDING ATTORNEY'S FEES, ARISING FROM OR RELATED TO YOUR USE OF THIS SITE OR BREACH OF THESE TERMS OF USE.
18. Release
ALL USERS OF THIS SITE ACKNOWLEDGE AND AGREE THAT READING TRAILS AS AN INDEMNIFIED PARTY IS RELEASED, DISCHARGED, AND HELD HARMLESS FROM ANY AND ALL LIABILITY FROM THIRD-PARTY CLAIMS MADE IN CONNECTION WITH THE SITE, INCLUDING, WITHOUT LIMITATION, WRONGFUL DEATH AND PERSONAL INJURY, MONEY DAMAGES, OUT-OF-POCKET AND COURT COSTS, ATTORNEY'S FEES, DAMAGE TO TANGIBLE PROPERTY OR REPUTATION, INCLUDING, WITHOUT LIMITATION, LIBEL, DEFAMATION, RIGHT OF PUBLICITY AND INVASION OF PRIVACY. READING TRAILS RESERVES ITS RIGHT TO ALL FORMS OF EQUITABLE AND LEGAL RELIEF RELATED TO FRAUD OR ILLEGAL ACTIVITY CONNECTED TO THE USE OF THE SITE.
19. Computer Fraud and Abuse Act
You acknowledge and agree that any access of the Site, any Site Content or any computer owned by us or operated by us or operated on our behalf (an "Access") is governed by the Computer Fraud and Abuse Act (18 U.S.C. 1030), as presently amended, which provides for both civil and criminal penalties, including fines. Furthermore, you expressly acknowledge that any Access in violation of these Terms of Use will cause loss to us in excess of $5,000.00.
20. Liquidated Damages
You acknowledge and agree that in the event of a failure to comply with these Terms of Use either by you, attributable to you, or through your User Account (a "Breach"), the damages to us for such Breach would be difficult or impossible to calculate. Furthermore, you and Reading Trails agree that a reasonable and fair estimation of the damages and loss to us is $10,000.00 for each such Breach (the "Liquidated Damages"). Furthermore, you agree that you personally and any of your agents connected in any way to any Breach shall be jointly and severally liable for any and all Liquidated Damages related to any Breach. Your agreement to pay the Liquidated Damages does not limit in any way any other remedies we may have for such Breach, including without limitation, the right to obtain specific performance, injunctive relief, and/or any further monetary remedies, subject to offset of any and all Liquidated Damages actually paid to us.
We may terminate the Terms of Use at any time and may do so immediately without notice and, accordingly refuse or terminate your access to the Site, if, in our sole discretion, there is a Breach.
These Terms of Use will be governed and construed in accordance with the laws of the State of Colorado, without regard to its conflicts of law rules. For all disputes arising out of or relating to this Site or Terms of Use, you submit to exclusive personal jurisdiction and venue of the state and federal courts located in Denver County, Colorado.
23. Notice and Consent to Electronic Communications
When you visit this Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be signed in writing.
We are committed to protecting the privacy of the visitors to this Site. For information on how information is collected, used, or disclosed by us in connection with your use of the Site, please consult our Privacy Policy which is incorporated into the Terms of Use by reference.
The provisions and conditions of the Terms of Use constitute the entire agreement between you and us related to the use of the Site and supersedes any prior agreements or understandings not incorporated in the Terms of Use.
26. Severability
Should any of these Agreed Terms of Use be declared or be determined by any court of competent jurisdiction to be illegal, invalid, void, or for any reason unenforceable, that term shall not affect validity or enforceability of any remaining term herein, and we and you shall substitute for the invalid provision, a provision that most closely approximates the intent and economic effect of the invalid provision. In the event that a valid provision cannot be substituted for the invalid provision, the invalid provision shall be deemed severable from these Agreed Terms of Use.
Should
you have any questions concerning the Terms of Use, or if you desire
to contact us for any reason, please contact us at privacy@readingtrails.com.
