The following terms and conditions (“Terms”) govern all use of the readingwatchingetc.com website and all content, services, and products available at or through the website, including but not limited to, associated blogs, forums, emails, and websites (collectively, “the Site”).
The Site is offered subject to your acceptance without modification of all of the Terms contained herein and all other operating rules, policies (including, without limitation, the Privacy Policy, which is incorporated herein, in its entirety, by reference) and procedures that may be published from time to time on this Site (collectively, the “Agreement”)
Please read this Agreement carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Site or use any services. The Site is available only to individuals who are at least 13 years old.
Responsibility of Site Visitors
Reading, Watching, Etc. has not reviewed, and cannot review, all of the material, including computer software, posted to the Site, and cannot therefore be responsible for that material’s content, use or effects. By operating the Site, Reading, Watching, Etc. does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Site may also contain material or links to material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Reading, Watching, Etc. disclaims any responsibility for any harm resulting from the use by visitors of the Site, or from any downloading by those visitors of content there posted.\
Content Posted on Third-Party Sites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Site links, and that link to the Site. We do not have any control over those third-party websites and webpages, and we are not responsible for their contents or their use. By linking to a third-party website or webpage, the Site does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Site disclaims any responsibility for any harm resulting from your use of third-party websites and webpages.
Copyright and DMCA Notice
As the Site asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Site violates your copyright, you are encouraged to notify the Site in accordance with standard Digital Millennium Copyright Act (”DMCA”) Policy. For example, you may contact us using the Contact Us form on the Site. The Site will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of the Site or others, the Site may, in its discretion, terminate or deny access to and use of the Site. In the case of such termination, the Site will have no obligation to provide a refund of any amounts previously paid to the Site.
User Contributions
f you operate a blog, comment on a blog, post material to the Site, post links on the Site, or otherwise make (or allow any third party to make) material available by means of the Website (collectively, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and/or use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create or to any Content you submit, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass along to end users any required terms;
- the Content does not contain, link to, or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your Content is not being advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your Content is not presented in a manner that misleads your readers into thinking that you are another person or company. For example, your blog or comment’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so or otherwise.
Without limiting any of those representations or warranties, the Site has the right (though not the obligation) to, in the Site’s sole discretion (i) refuse or remove any content that, in the Site’s reasonable opinion, violates any of the Site’s policies, Terms, and/or Privacy Policy or is in any way harmful, offensive, or objectionable, or (ii) terminate or deny access to and use of the Site to any individual or entity for any reason, in the Site’s sole discretion.
Intellectual Property
This Agreement does not transfer from the Site to you any of the Site’s intellectual property or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with the Site. The Site, the Site URL, the logo, and all other trademarks, service marks, graphics and logos used in connection with the Site are trademarks or registered trademarks of the Site; or licensors of the aforementioned entities. Other trademarks, service marks, graphics and logos used in connection with the Site may be the trademarks of other third parties. Your use of the Site grants you no right or license to reproduce or otherwise use any of the Site’s or third-party trademarks. You hereby grant the Site an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any Content you post on or in connection with the Site or associated services or for the promotion thereof and (b) to use your name, likeness and image for any purpose, including commercial or advertising, each of (a) and (b) on or in connection with the Site or the promotion thereof.
Changes to Site Policies
The Site reserves the right, at its sole discretion, to modify or replace any part of this Agreement, including but not limited to the Terms or Privacy Policy. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Site following the posting of any changes to this Agreement constitutes acceptance of those changes. The SIte may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination
The Site may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, intellectual property policies, indemnity, and limitations of liability.
Disclaimer of Warranty
The Site is provided “as is”. The Site and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither the Site nor its suppliers and licensors, makes any warranty that the Site will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Site at your own discretion and risk. You also understand that you access any content or services through third-party links, services, content, platform, apps, or other mediums at your own discretion and risk.
Limitation of Liability
In no event will the Site, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to the Site under this Agreement during the twelve (12) month period prior to the cause of action. The Site shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You represent and warrant that (i) your use of the Site will be in strict accordance with the Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Site will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification
You agree to indemnify and hold harmless the Site, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Site, including but not limited to or out of your violation this Agreement.
Miscellaneous
This Agreement constitutes the entire agreement between the Site and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of the Site or by the posting of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Site will be governed by the laws of the state of North Carolina, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Buncombe County, North Carolina. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court in Buncombe County, North Carolina without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in North Carolina, U.S.A., in the English language and the arbitral decision may be enforced in any court. If you prevail over the Site no fees paid to you, including attorney’s fees, may exceed what you have paid to the Site in the prior 12 months. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. The Site may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.