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This Subscriber Agreement and Terms of Use (collectively, this "Agreement") is a legal agreement between ProLiteracy Worldwide (sometimes referred to as "we") and you individually, or an entity for whom you are authorized to act (referred to as "you"). This Agreement governs your use of NewsforYouOnline.com and, unless other terms and conditions expressly govern, any other electronic services from NewsforYouOnline.com that may be made available by us to you from time to time (collectively, the "Service").
1. Changes to Subscriber Agreement. We may change the terms of this Agreement at any time. The changes will appear in this document, which you can access at any time by going to the "About Us" section of NewsforYouOnline.com. You signify that you agree to be bound by such changes by accessing or using the Service after changes are made to this Agreement.
2. Privacy and Your Account. Registration data and other information about you are subject to our Privacy Policy. If your access to the Service has been provided by or through a third party (for example, your employer or an education institution where you are a student) (each, a "Third Party"), the Third Party may have provided us with information about you to enable us to provide you with access to the Service and distinguish you from other subscribers (such as your email address or name). If you access the Service using a password, you are solely responsible for maintaining the confidentiality of that password. You agree to notify us promptly if you change your address or email so we can continue to contact you and send any notices required hereunder. If you fail to notify us promptly of a change, then any notice we send to your old address or email shall be deemed sufficient notice.
3. Fees and Payments. You agree to pay the subscription fees and any other charges incurred in connection with your password for the Service (including any applicable taxes, charges, or assessments) at the rates in effect when the charges were incurred. Subscription fees will be billed at the beginning of your subscription or any renewal. In the event that you choose to cancel your subscription before the subscription period expires, we will refund to you the balance due.
4. Renewal. Your subscription will not renew automatically. We will notify you of the pending renewal of your subscription at least 21 days prior to the date your subscription renews, except as otherwise required by law. If you renew after your subscription expires, we may reactivate your account or we may assign you new account information, in our discretion. If your subscription expires your access to the Service will be automatically terminated without further notice.
5. Other Subscribers and Users. If your access to the Service is provided by, or through a Third Party, or if you have paid for access to the Service in connection with your subscription to one of our print publications, or if you purchased your subscription to the Service through a retailer rather than from us directly, some or all of the "Fees and Payments" and "Renewal" terms may not apply to you. Please contact the Third Party, retailer, or our Customer Service department for details. If you access the Service as part of an "open house" free trial or otherwise without becoming a subscriber, all of the terms and conditions of this Agreement except for the sections labeled "Fees and Payments" and "Renewal" shall apply to your use and access of the Service.
6. Unlawful Activity. We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your account information, email addresses, usage history, posted materials, IP addresses, and traffic information.
7. Use of the Service and Products.
a. Limited License. You may access and use the Services and Products for personal or classroom use only. We are providing you with a limited license to access and use the Service and Products, subject to this Agreement. Your use of and access to the Service and any Product does not give you any right of ownership or any other right except for the limited license provided in this Agreement. You do not obtain any additional rights by reason of your use of or access to the Service or any Product. We reserve all rights except the limited right granted to you in this Agreement. Certain Products may be owned by or subject to the rights of third parties, and your use is subject to the rights of those third parties.
b. Protected Content. The content, information, text, graphics, images, video, metadata, design, organization, compilation, look and feel, advertising, and all other protectable intellectual property in or relating to the Service and the Products (collectively, the "Content") are our property or the property of our licensors and are protected by copyright, trademark, and other intellectual property laws. You agree not to challenge our rights or interests in any Content. Unless you have our prior written consent, you may not sell, lease, publish, distribute, retransmit, or otherwise provide copies of or access to the Service or any Content received through the Service to anyone (including your fellow students or employees, if applicable) with the following exception: you may occasionally distribute a copy of an article, or a portion of an article, from the Service in non-electronic form to a few individuals without charge, provided you include all copyright and other proprietary rights notices in the same form in which the notices appear in the Service, original source attribution, and the phrase "Used with permission from ProLiteracy Worldwide" or "Used with permission from New Readers Press," as appropriate. Please contact our Customer Service department to request permission to reproduce or distribute an article from the Service to a larger number of individuals in other manner not expressly permitted by this Agreement.
c. Modifications to Content. You agree not to rearrange or modify any Content without our prior written consent. You agree not to create abstracts from, scrape, or display our content for use in print or on another website or service (other than headlines from our Site with active links back to the full article on the Service). You agree not to post any content from the Service (other than headlines from our Site with active links back to the full article on the Service) to weblogs, newsgroups, mail lists or electronic bulletin boards, without our written consent. We reserve the right to upgrade, modify, replace, or reconfigure the Service at any time, and to add or remove Products from the Service in our sole discretion.
d. Unlawful Purposes. You agree not to use the Service for any unlawful purpose. We reserve the right to terminate or restrict your access to the Service if, in our opinion, your use of the Service violates the terms of this Agreement or may violate any laws, regulations or rulings, or may infringe upon another person's rights.
e. Errors, Corrections, and Changes. We do not represent or warrant that the Service or any Content will be error-free, always available, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Service will be correct, accurate, timely, or otherwise reliable. We may make changes to the features, functionality, or content of the Service at any time. We reserve the right in our sole discretion to edit or delete any documents, information, or other content.
8. User Password. When you purchase a subscription, we will provide you with a password. If you have concerns or believe that someone is using your password without your authority, please immediately contact Customer Service. We reserve the right to disclose any information about you, including registration data, in order to comply with any applicable laws and/or requests under legal process, to operate our systems properly, to protect our property or rights, or to safeguard the interests of others.
9. User Generated Content.
a. User Content. We offer you the opportunity to comment on and engage in discussions regarding articles and various topics. Any content, information, graphics, audio, images, and links you submit in connection with any of the foregoing activities is referred to as "User Content" in this Agreement and is subject to the terms and conditions set forth in this Agreement. You are solely responsible for any User Content that you submit, and for all consequences of your User Content, and you will defend, indemnify, and hold us harmless from any claims, lawsuits, and/or judgments brought against us arising from your User Content.
b. Grant of Rights; Representations by You as to User Content. If you upload, post, or submit any User Content on the Service, you represent to us that you have all the necessary legal rights to upload, post, or submit such User Content and it will not violate any law or the rights of any person. You agree that upon uploading, posting, or submitting information on the Service, you grant ProLiteracy Worldwide and its successors a non-exclusive, transferable, worldwide, fully paid-up, royalty-free, perpetual, irrevocable right and license to use, distribute, publicly perform, display, reproduce, and create derivative works from your User Content in any and all media, in any manner, in whole or part, without any duty to compensate you. You also grant us the right to authorize the use of User Content, or any portion thereof, by us and other users in accordance with the terms and conditions of this Agreement, including the rights to feature your User Content specifically on the Service and to allow other us or users to request access to your User Content.
c. Cautions Regarding Other Users and User Content. You understand and agree that other users of the Service may also provide User Content which may include the information, views, opinions, and recommendations of many individuals and organizations. We do not endorse any recommendation or opinion made by any user, and we will make no effort to verify any statement or claim in any User Content. We may screen and review User Content from time to time but you agree that we are not under an obligation to do so. We reserve the right to monitor or remove any User Content from the Service at any time without notice. You should also be aware that other users may use our Service for personal gain or other reasons that have nothing to do with the Service or our purposes in making the Service available to you. User Content may be misleading, deceptive, libelous, or in error. As a result, please approach messages and other User Content with appropriate skepticism.
d. Removal of User Content. We may also remove any User Content for any reason and without notice to you. This includes all materials related to your use of the Service or Products or your subscription, including comments, account information, or other personalized information you have created while subscribing to or accessing the Service.
10. Rules of Conduct. In addition to any other provisions of this Agreement, you must comply with the following rules:
• No posting of off-topic, illegal, threatening, libelous, or obscene content.
• Obscene names and content will be removed from the Site.
• No posting of another person's personal data, such as contact details.
• Comments should not be used to level personal attacks on other users, site owners, or contributors to the site reviewed.
• Do not impersonate other users.
• If you wish to report an offensive post, please contact Customer Service immediately.
11. Access to the Service. We will use reasonable good faith efforts to enable your access to the Service at all times (subject to the availability to us of Products), except for scheduled software or host server maintenance or events that are beyond our reasonable control. We are not responsible for providing you with power, wiring, computer equipment, internet connectivity, or communications access to the Service — that is entirely your responsibility. We do not guarantee the confidentiality or security of any information that you transmit to us or to or through the Service by any means.
12. Additional Terms and Notices. ProLiteracy Worldwide uses cookie technology. Many web browsers automatically accept cookies by default, but contain an option to turn off the cookie acceptance if you prefer. If you turn off acceptance, you will need to enter your password every time you use NewsforYouOnline.com. We do not allow unrelated third parties to set cookies on ProLiteracy websites. ProLiteracy does not use tracking or measurement tools that would allow your individual browsing activity to be tracked across third-party websites or that would give information about you as an individual to third-parties based on your browsing activity.
13. Disclaimers of Warranties and Limitations on Liability.
a. No Warranties. The Service and any Products are provided "AS IS" and "As Available" without representation or warranty of any kind, either expressed or implied, and all implied warranties, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby disclaimed.
b. Limitations on Liability.
i. In no event shall we or our agents, officers, employees, or representatives be liable under any theory liability, however arising, for: (1)Any costs of cover or for any claim of special, indirect, incidental, punitive, or consequential damages arising from or related to a breach of this Agreement or to the operation, use of, or inability to use the Service or any Product (even if we have been advised of the possibility of such claims or damages); or (2)claims or damages (regardless of their nature) for any delay or failure by us to perform any obligation under this agreement due to any cause beyond our reasonable control; or (3)claims brought in any court or other governmental authority of competent jurisdiction more than one (1) year after any such cause of action first arose.
ii. In no event shall our liability to you or to any third party under any claim arising under or relating to this Agreement or your use of or access to the Service or any Product exceed, in the aggregate, the lesser of: (1) one hundred dollars ($100.00); or (2)the total amount of subscription fees you have actually paid to us for the Service during the twelve calendar months prior to the date such claim is asserted or arises.
The foregoing limitations of liability are intended to apply to all claims and damages without regard to whether any other provision of this Agreement has been breached or proven ineffective. You agrees that the validity of the limitations contained in this paragraph do not depend upon or relate to the effectiveness of the limited remedies described in this paragraph, and shall therefore apply even if any such remedy fails of its essential purpose.
14. General. This Agreement contains the final and entire agreement between us regarding your use of the Service and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Service. We may discontinue or change the Service, or their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of New York, United States of America applicable to contracts made entirely within New York and wholly performed in New York, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in New York. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
We reserve the right to change or modify the terms and conditions of the subscription you have purchased without prior notice.
©2015 ProLiteracy Worldwide. All rights reserved. ProLiteracy®, New Readers Press®, News for You®, and NewsforYouOnline.com® are trademarks and service marks of ProLiteracy Worldwide.