1. Introduction
The Reading Raven website, www.readingraven.com, hereinafter referred to as (the “Site”) is owned and operated by Early Ascent, LLC (“Early Ascent”). You agree to be bound by these Terms of Use of the Site and to the Reading Raven Privacy Policy, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree to these Terms of Use, you may not use or access this Site. The materials contained in this Site are protected by applicable copyright and trade mark law.
IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR CHILD’S USE OF THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.
You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Site and receipt of data, materials and information available at or through the Site.
2. Use of Materials
The Site is for your personal use only. You may not use the Site for commercial purposes or in any way that is unlawful, or harms us or any other person or entity.
All information, functions and materials (“Materials”) contained on the Site are the copyrighted property or the copyrighted property of Early Ascent or Early Ascent’s licensors or licensees. All trademarks, slogans, service marks, trade names, and trade dress are proprietary to Early Ascent and/or Early Ascent’s licensors or licensees. We may change the Site or delete Materials or features at any time, in any way, for any reason.
Except as we specifically agree in writing, no Materials from the Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Site, not even as part of a derivative work, except that where the Site is configured to enable the download of particular Materials, you may download one copy of such Materials to a single computer for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to, and do not rent, lease, loan, sell, distribute, copy (except to create a single copy for your own back-up purposes), or create any derivative works based on the Site or the Materials, in whole or in part, and (c) do not use the Materials in an unlawful manner or in a manner that suggests an association with any of Early Ascent’s products, services or brands. Any business use, “re-mailing” or high-volume or automated use of the Site is prohibited.
In the event that we offer downloads of software on the Site and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by Early Ascent or third-party licensors for your limited, personal, noncommercial home use only. We do not transfer title to the Software to you. Except as permitted under applicable law, you may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble, adapt it, or otherwise reduce the Software to a human-readable form, except to the extent permitted by applicable law.
You acknowledge and agree that nothing in these Terms of Use shall have the effect of transferring the ownership of any copyrights, trademarks, slogans, service marks, trade names, trade dress or other proprietary rights in the Site or Materials or any part thereof to you or any third party nor to authorize you to create derivative works based on the Materials. You undertake not to do any act or thing which is inconsistent with or which is likely in any way to prejudice such title.
3. Disclaimer
Although Early Ascent attempts to provide accurate information on the Site, Early Ascent assumes no responsibility for the accuracy of the information. Early Ascent may periodically make changes to the Site. Any action related to these Terms of Use will be governed by the laws of the State of Washington and controlling U.S. federal law. These Terms of Use represent the entire understanding relating to the use of the Site. Early Ascent may revise the Terms of Use at any time without notice.
ALL INFORMATION ON THIS SITE IS PROVIDED “AS IS” WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. EARLY ASCENT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
4. Blogs and Forums
In the event you post, upload or otherwise provide Materials to, in or through a blog, forum, social media community or similar areas (collectively, “Forums”), you grant to Early Ascent, its employees, directors, officers, licensees and assigns and each of their respective designees a perpetual, worldwide, irrevocable, non-exclusive, unlimited, fully-paid up and royalty-free license under all intellectual property rights now or hereafter existing to use reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, modify, license and further sublicense the Materials, and all rights therein, in the name of Early Ascent, its assigns or designees throughout the universe in perpetuity in any and all media now or hereafter known.
5. Rules of Conduct for Forums
By participating in a Forum, including the posting of Materials and sending of private messages, you agree that you will not upload, post, or otherwise transmit any Materials (including, without limitation, text, links, communications, software, images, sounds, data, or other information) that:
· Is not consistent with the permissible uses outlined by these Terms of Use, including, but not limited to, content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, vulgar, profane, sexually explicit, obscene, racially or ethnically offensive or otherwise objectionable;
· Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
· Constitutes advertising or promotion, junk mail, “spamming,” chain letters, or any other form of unauthorized solicitation, including solicitation of lawsuits. Links that connect to commercial websites will not be considered unauthorized solicitations unless the link or the Site content appears to be intended as a means of solicitation as determined by Early Ascent in its sole discretion;
· Contains software viruses, Trojan horses, worms, time bombs, cancelbots or any other computer code or files that are designed to disrupt, damage, or limit the functioning of any software or hardware;
· Provides any non-public information about Early Ascent or any other company or person without the proper authorization to do so. This includes providing the names, email addresses, and phone and extension numbers of Early Ascent employees and Forum participants;
· Intentionally interferes with the operation of the Forum or with a fellow user’s message box, without limitation, mail or “post” bombing, news bombing, other flooding techniques, deliberate attempts to overload a system and broadcast attacks, denial of service attacks or attempts to avoid messaging blocking;
· Impersonates any person or entity, including an Early Ascent employee or forges any TCP-IP packet header, e-mail header or any part of a message header:
· Attacks or insults another Forum user or administrator/moderator;
· Violates any law, rule or regulation.
Early Ascent expressly reserves the right to terminate a user’s access to a Forum at any time, for any reason. You remain solely responsible for the content of your messages, and you hereby agree to indemnify, release and hold harmless Early Ascent with respect to any claims, damages, costs, losses and expenses, including reasonable attorneys’ fees, due to or arising out of the Materials you submit, post, transmit or make available on or through a Forum (including any private messages), the use of such Materials for any purpose, your use of a Form, your violation of these Terms of Use, or the violation by you or any third party’s rights including, without limitation, intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, or any other liability, direct or indirect, vicarious, contributory, or otherwise.
6. Limitations
In no event shall this Site or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit) arising out of the use or inability to use the materials on this Site, even if this Site or a Site authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
7. Links
This Site has not reviewed all of the sites linked to its Site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by this Site. Use of any such linked site is at the user’s own risk.
8. Site Terms of Use Modifications
This Site may revise these terms of use for its Site at any time without notice. By using this Site you are agreeing to be bound by the then current version of these Terms of Use.
9. Termination
These terms of use are effective until terminated by either you or us. You may terminate these terms of use at any time by discontinuing use of the Site and destroying all materials obtained from the Site and all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise.
10. Governing Law and General Provisions
Subject to the requirements of applicable consumer rights and other laws, these terms of use shall be governed by and construed in accordance with the laws of the State of Washington and controlling U.S. federal law, without giving effect to any principles of conflicts of law. If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. These terms of use take effect as an agreement and separately as a notice, which limits the basis on which Early Ascent makes the Site available. No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision. In these terms of use, the word “including” is used illustratively, as if followed by the words “but not limited to.”
To the extent permitted by applicable law, you agree that any cause of action you may have arising out of or related to these terms of use or the site must commence within one (1) year (or the minimum applicable statutory period, if longer) after the cause of action accrues; otherwise, such cause of action shall be permanently barred.