Terms and Conditions

Terms of Use

Please read these Terms of Use (“Terms of Use”) carefully before using any OPEN READING, Inc. Services.

By using any of our Services (as defined below), by consenting to a child’s use of the Services or by clicking a box that states that you accept or agree to these Terms of Use, you signify your agreement to these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use, you may not use our Services.

If you are under the age of 18, a parent or legal guardian must read and accept these Terms of Use on your behalf and take full responsibility for compliance with these terms of use.

This Terms of Use applies to our Services which include our mobile applications, and websites for use by children, parents, educators, and volunteers, and other features, content and functionality offered by us from time to time.

BY ACCESSING AN OPEN READING SERVICE, DOWNLOADING AN OPEN READING APPLICATION OR CONTINUING TO USE THE SERVICE, YOU ACKNOWLEDGE THAT: (1) YOU ARE AT LEAST 18 YEARS OF AGE OR ANY OLDER LEGAL AGE REQUIRED TO FORM A CONTRACT IN YOUR JURISDICTION; (2) YOU HAVE THE RIGHT, AUTHORITY AND LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT; (3) YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS WITH RESPECT TO YOURSELF AND ANY MINOR CHILD AUTHORIZED BY YOU.

Contact us at support@openreading.com concerning anything you do not understand.

IF YOU OR YOUR PARENT/LEGAL GUARDIAN DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE EXIT THE SERVICE NOW AND DO NOT ACCESS OR USE OPEN READING’S Services. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF USE OF THIS SERVICE INCLUDING VISITING WWW.OPENREADING.COM.

TABLE OF CONTENTS

1. GENERAL TERMS AND LICENSE

2. USER CONTENT

3. COPYRIGHT NOTICES/COMPLAINTS

4. UPDATES TO THE SERVICE

5. DISCLAIMERS AND LIMITATIONS OF LIABILITY

6. DISPUTE RESOLUTION

7. SEVERABILITY

8. CHARGES AND BILLING

9. GENERAL PROVISIONS

10. ADDITIONAL TERMS

1. GENERAL TERMS AND LICENSE

1.1 Governing Agreement

The Terms of Use of this agreement govern the relationship between you and OPEN READING, Inc. (also known within this document as “OPEN READING”, “we”, or “us”) regarding your use of OPEN READING’s mobile application, educational content, games, related services, and website (together, “Services”).

IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR CHILD’S USE OF THE Services, YOU AGREE TO BE BOUND BY THESE TERMS OF USE IN RESPECT TO THEIR USE OF THE SITE. IF YOU ARE AN EDUCATOR AND PROVIDE YOUR CONSENT TO A CHILD’S USE OF THESE Services, YOU AGREE THAT YOU ARE AUTHORIZED TO DO SO AND THAT YOU ARE IN COMPLIANCE WITH THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA).

1.2 Definitions

“User”—is a parent, guardian, volunteer, or authorized school official who has used our Services and who may or may not have created a User account and/or, in the case of parents, guardians and school officials, created one or more Student Profiles for a child or children.

“Student”—is someone for whom a student profile has been created by a User.

“Educator”—is a user who is authorized by a school or educational to provide consent to a student’s use of an online service that involves the collection and sharing of personally identifiable.

“Postings”—text, messages, ideas, concepts, suggestions, stories, screenplays, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions, sound recordings, characterizations, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute through the Site’s blogs, support, or community features or on any of OPEN READING’s social media pages, including Facebook, Twitter, and Youtube.

“You”—is in reference to you as the Parent, legal guardian, or authorized school official; and your Child, whom you have granted access to the Services; and/or you the volunteer.

Note: In these Terms of Use, the word “including” is used illustratively, as if followed by the words “but not limited to.”

1.3 Terms of Use and Privacy Policy

By using Services you: (1) agree to be bound by these Terms of Use and conditions; (2) agree to our Privacy Policy, which is located at www.openreading.com/privacy and is incorporated here by reference; and (3) agree to be bound by other policy and legal notices that may be posted on our Services from time to time. The legally binding Terms of Use of these documents set out your rights, obligations and restrictions regarding your use of our Services.

In order to participate in certain Services you may be required to download content, software, and/or required to agree to additional Terms of Use and conditions. Unless otherwise expressly set forth in any such additional Terms of Use and conditions applicable to the specific Services in which you choose to participate, those additional Terms of Use are incorporated into this Agreement. If you do not agree to this Agreement (which is comprised of these Terms of Use and our Privacy Policy) please do not use our Services. You are only authorized to use the Services if you agree to abide by – and do abide by – all applicable laws and this Agreement. We require that you review our Privacy Policy at www.openreading.com/privacy and encourage you to raise any relevant questions with us by contacting privacy@openreading.com.

1.4 Eligibility for Use and Ability to Accept Terms of Use

If you are under the age of 18, you must have legal parental or guardian or Educator to consent to use OPEN READING Services. Users affirm that they have read and accepted these Terms of Use and the Privacy Policy, and are fully able and competent to enter into the Terms of Use, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement. Users agree to abide by and comply with this Agreement.

IF YOU’RE UNDER THE AGE OF MAJORITY (which is 18 years old in most states), then your parent or guardian may be liable for some or all of your activities on the Services. Because of this, and because it’s prudent for your parent or guardian to be aware of your activities, including the websites that you visit, you should make your parent or guardian aware that you are using the Services – as these Terms of Use and your use of the Services affect their legal rights and obligations.

1.5 Updates to the Terms of Use

OPEN READING reserves the right, at our discretion, to change, modify, add or remove portions of these Terms of Use, prospectively at any time by posting the amended Terms of Use on or within the Services. You may also be given notice, such as an e-mail message or messaging within our Services of any changes. You will be deemed to have accepted such changes to the Terms of Use by continuing to use any of our Services. If changes are made to the Privacy Policy, you may be given direct notice via e-mail and any such changes will require your express consent. OPEN READING may also revise other policies, codes or rules at any time, and the new versions will be available at www.openreading.com or within our Services.

If at any point you do not agree to any portion of the then-current version of our Terms of Use or the OPEN READING Privacy Policy, or any other OPEN READING policy, your license to use the Services shall immediately terminate and you must immediately stop using our Services.

To the extent the Terms of Use or OPEN READING Privacy Policy conflict with any other OPEN READING Terms of Use, policy, rules or codes of conduct, the Terms of Use contained in these Terms of Use and in the OPEN READING Privacy Policy shall govern.

1.6 Grant of a Limited License to Use the Services

Subject to your agreement and continuing compliance with these Terms of Use and any other relevant OPEN READING policies, OPEN READING grants you a non-exclusive, non-transferable, revocable limited license subject to the limitations in Sections 1 to access and use the Services for your own non-commercial purposes.

1.7 Accessing the Service

By accessing or using any of the OPEN READING Services, including using any OPEN READING mobile application, browsing any OPEN READING website, accessing an OPEN READING game or other OPEN READING content, you accept and agree to these Terms of Use.

You must provide all equipment and software necessary to connect to the Services, including, but not limited to, a mobile device that is suitable to connect with and use the Services, in cases where the Services offer a mobile component.

You are responsible for any fees, including Internet connection or mobile fees that you incur when accessing the Services.

1.8 Use of the Services

You are granted the revocable, non-transferable right and license to use the Services, including OPEN READING educational content and games accessed through the Services, for your private, non-commercial use. These rights are user rights only, and no right or license is granted to distribute, publicly perform or prepare derivative works of any content accessed through the Services. This license is granted, however, subject to the following restrictions:

  • You shall not create an account or access the Services without the express consent of a parent, legal guardian, or authorized school official if you are under the age of 18;
  • You shall monitor your account to restrict use by minors. You accept full responsibility for any unauthorized use of the Services by minors in connection with your account;
  • You are responsible for any use of your credit card or other payment instrument including PayPal, Credit Card or in app purchases;
  • You shall not have more than one account at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself;
  • You shall not create an account or use any of the Services if you are a convicted sex offender;
  • You shall not have an account or use any of the Services if you have previously been removed by OPEN READING or previously been banned from accessing OPEN READING Services;
  • You shall not use your account or the Services for commercial purposes or in any way that harms us or any other person or entity;
  • You shall not use your account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (SPIM and SPAM) to anyone;
  • You shall not use your account to engage in any illegal conduct.

OPEN READING does not recognize the transfer of any account or user profile. Therefore, you may not give, purchase, sell, bargain, barter, market, trade, offer for sale, sell, license, assign or otherwise divest your rights, responsibilities or obligations under the Terms, either in whole or in part, without the prior written consent of OPEN READING. Any attempt to do so shall be void and of no effect.

1.11 License Limitations

Any use of the Services in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license granted by Section 1.6, and may subject you to liability for violations of law. Any attempt by you to disrupt or interfere with the Services including undermining or manipulating the legitimate operation of any Services is a violation of OPEN READING policy and may be a violation of criminal and civil laws.

You agree that you will not, under any circumstances:

  • Engage in any act that OPEN READING deems to be in conflict with the spirit or intent of the Services, including but not limited to circumventing or manipulating these Terms of Use or any other OPEN READING policies;
  • Use the Services, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation, including attempting to circumvent security measures;
  • Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
  • Make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person;
  • Gain or attempt to gain unauthorized access to the Service, Website, to other Users’ account or profile information, or to computer systems and/or networks connected to the Service or Website;
  • Without OPEN READING’s express written consent, use the Services or any part thereof for any commercial purpose;
  • Transmit unauthorized communications through the Services, including junk mail; chain letters; spam; any materials that promote malware, spyware and downloadable items; and files that contain any malicious code, including viruses, spyware, Trojan horses, worms, time bombs, cancelbots, corrupted data, or that may in any way damage or interfere with the operation of the Website, Service, other Users’ access to the Website or Service and/or other Users’ computers;
  • Interfere or attempt to interfere with the proper functioning of the Services or connect to or use the Services in any way not expressly permitted by these Terms of Use;
  • Make false reports through the Service or to OPEN READING’s administrators.
  • Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Services, or to obtain any information from the Services using any method not expressly permitted by OPEN READING; or
  • Copy, modify or distribute rights or content from any Services or OPEN READING’s copyrights or trademarks or use any method to copy or distribute the content of the Services except as specifically allowed in these Terms of Use.
1.12. Suspension and Termination of Account and Services

Without limiting any other remedies, OPEN READING may limit, suspend, terminate, modify, or delete accounts or access to the Services or portions thereof if you are, or if OPEN READING suspects that you are, failing to comply with any of these Terms of Use or for any actual or suspected illegal or improper use of the Services, with or without notice to you. Without limiting our other remedies, OPEN READING may limit, suspend or terminate any part of our Services and accounts or portions thereof, prohibit access to our Services and their content, and take technical and legal steps to prevent Users from accessing our Services if we believe that they are creating risk or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our Terms of Use or policies, or if we believe they are under the age of eighteen (18) years but do not have their parent’s or guardian’s permission to register for and/or access the Service. Additionally, OPEN READING may, in appropriate circumstances and at our sole discretion, suspend or terminate accounts of Users who may be repeat infringers of third party intellectual property rights.

Termination of your account can include disabling your access to the Services or any part thereof including any content you submitted or others submitted.

You agree that OPEN READING shall not be liable for any loss or damage caused, directly or indirectly, by any such termination, suspension, or change and YOU WILL HAVE NO FURTHER ACCESS TO THE SERVICE AND SHALL HAVE NO RIGHT TO ANY REFUND OF ANY MONIES PAID TO OPEN READING.

You may cancel any account registered to you at any time by emailing support@openreading.com.

1.13 Ownership
1.13.1. CONTENT AND SERVICES

The Services (including without limitation any content, games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, and moral rights) are copyrighted works owned by OPEN READING, or exclusively licensed by OPEN READING, unless expressly indicated otherwise. OPEN READING reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Services.

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 Services OR CONTENT OR ANY PART THEREOF TO YOU OR ANY THIRD PARTY. You undertake not to do any act or thing which is inconsistent with or which is likely in any way to prejudice such title.

1.13.2. ACCOUNTS

Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in an account, and you further acknowledge and agree that all rights in and to an account are and shall forever be owned by and inure to the benefit of OPEN READING.

Generally, accounts created with OPEN READING will be considered active until we receive a User request to deactivate or delete them; we also reserve the right to terminate any account that has not been accessed for 180 days.

1.13.3 THIRD PARTY HYPERLINKS AND THIRD PARTY CONTENT

The Services will often have hyperlinks to third party sites and may display content and other information from third party sites (“Third Party Content”). OPEN READING does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of Third Party Content. Furthermore, OPEN READING is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, neither OPEN READING nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in Third Party Content.

The appearance of external hyperlinks and/or postcards generated by third parties does not constitute endorsement by OPEN READING, its subsidiaries and affiliates of the opinions or views expressed by these third party websites.

Finally, OPEN READING will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked sites.

1.14 Verification and Safety

We believe your child’s safety on the Internet is important. While there is no absolute method of ensuring a completely safe environment, we take seriously our mandate to secure “verifiable parental consent” as required under the Children’s Online Privacy Protection Act (“COPPA”). We are always looking into new and better ways to verify your consent so that we are not collecting or potentially disclosing information that was not authorized. We require that you review the Terms of Use of our Privacy Policy and encourage you to raise any questions with us.

1.14.1 Credit Card Verification

If you choose credit card verification, you must use a credit card that matches the name you used to sign in. Your credit card number will not be stored after verification is completed; only a record of the verification will be stored for audit purposes.

2. USER CONTENT

2.1. User Content

Our information practices, including how we collect, use and disclose personal information are set forth in the Privacy Policy located at the following link: www.openreading.com/privacy.

In these Terms of Use, we use the word “Postings” to mean text, messages, ideas, concepts, suggestions, stories, screenplays, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions, sound recordings, characterizations, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute through any of OPEN READING’s blogs, support, or community features or on any of OPEN READING’s social networking pages, including Facebook, Twitter, and Youtube.

You are solely responsible for the content and information that is in your Postings. Information, content, materials, products or services provided by other Users may, in whole or in part, be unauthorized, impermissible or otherwise violate these Terms of Use; OPEN READING assumes no responsibility or liability for this material beyond those required by compliance with our Privacy Policy for any User Posting, and assumes no responsibility for monitoring the Services for inappropriate or illegal content or conduct.

The Postings may only be used for noncommercial purposes only. Users may not post any information intended to promote and/or generate revenue for any third party business activity.

2.2. Content Screening

OPEN READING may reject, refuse to post or delete any Posting for any or no reason, including, but not limited to, Postings that in the sole judgment of OPEN READING may violate these Terms of Use. By providing Postings through our Services, you are granting to OPEN READING an irrevocable license to copy, distribute, publicly perform, prepare derivative works or otherwise use such content, with the right to sublicense.

Please be advised that Postings do not necessarily reflect the views of OPEN READING. In no event shall OPEN READING assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on our Services. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.

Without limiting the foregoing, OPEN READING will have the right to use and change the Postings in any manner that OPEN READING may determine. Additionally, OPEN READING may monitor and sweep Postings periodically in its sole discretion. OPEN READING does not allow Postings which contain:

  • profanity or obscenities;
  • personal attacks on other individuals;
  • photographs, drawings, video, music, or any other content which infringes the intellectual property rights of any third party;
  • slanderous, defamatory, obscene, pornographic, threatening and harassing comments; and/or other information that OPEN READING deems in its sole discretion to be inappropriate for its Services.

Although OPEN READING may periodically monitor the Postings, we have no legal obligation to do so and we cannot be responsible for the views or opinions expressed by third parties. Nonetheless, OPEN READING will make every effort to ensure that any Postings best serve the interests of all Users and, therefore, OPEN READING reserves the right to refuse to post, edit, or delete any Postings that violate the above-referenced rules, as well as revoke the privileges of Users who do not comply with such rules. By entering into these Terms of Use, you hereby provide your irrevocable consent to such monitoring and recording.

If you believe that any content on our Services (including, without limitation, Postings) violates any of the Terms of Use of this Agreement (except for any notices covered by the COPYRIGHT NOTICES/COMPLAINTS section) please send us a message about it (please refer to the COPYRIGHT NOTICES/COMPLAINTS section for any notices covered by the COPYRIGHT NOTICES/COMPLAINTS section). We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.

2.3 Your Grant of Rights

If OPEN READING provides the ability for you to submit Postings to the Service and to OPEN READING’s social networking pages (e.g. Facebook, Twitter, and Youtube), you acknowledge that you are the owner of any Intellectual Property rights in any such Postings that you submit, or have sufficient rights to submit the Postings to the Service without infringing any third-party rights. OPEN READING does not claim any ownership rights in any Postings that you may submit or offer through the Service. However, to the extent you submit any Postings, you acknowledge and agree that you automatically grant (and represent and warrant that you have the right to grant) a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, sub licensable, non-exclusive right and license to OPEN READING to:

  • use, reproduce, distribute, remove, and analyze any of your Postings as OPEN READING may deem necessary or desirable for any purpose in connection with the operation of the Service, and
  • copy, modify, and reproduce your Postings for marketing, promotional and/or other purposes in connection with OPEN READING or the Service in any media, and
  • use, edit, modify, reproduce, distribute, prepare derivative works of, display, post or otherwise make available to any other User in connection with any feature of the Service, and
  • delete any or all of your Postings from the Service, whether intentionally or unintentionally, for any reason or no reason, without any liability of any kind to you or to any other party, and
  • enable the Service or Users of the Service to share or post your Postings on third party sites, such as, without limitation, on social networking sites.
2.4 Submission of Ideas

To the extent that you submit, via the Service or otherwise, any unsolicited concepts, ideas, or suggestions (collectively, the “Ideas”) for, by way of example and without limitation, any features or functionality for the Service, you agree that such Ideas are non-confidential and non-proprietary, and OPEN READING shall not be liable for the disclosure of such Ideas. You hereby grant and agree to grant OPEN READING, under all of your rights in the Ideas, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Ideas for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the Service, or any OPEN READING product or service, without compensation or accounting to you and without further recourse by you.

2.5 Disclosure

Your information, and the contents of all of your online communications (including without limitation, IP addresses and your personal information) may be accessed and monitored as necessary to provide the Service and may be disclosed: (i) when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations; (iii) where we believe that our Services are being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of OPEN READING, including to enforce these Terms of Use. By entering into these Terms of Use you hereby provide your irrevocable consent to such monitoring, access and disclosure.

3. COPYRIGHT NOTICES/COMPLAINTS

It is OPEN READING’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”).

OPEN READING reserves the right to terminate without notice any User’s access to any of the Services if that User is determined by OPEN READING, in its sole discretion, to be a “repeat infringer.” In addition, OPEN READING accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.

3.1 Notification of Alleged Copyright Infringement

If you believe in good faith that materials hosted by OPEN READING infringe your copyright (for example, materials posted by a User on the Service), you (or your agent) may send us a written notification pursuant to the DMCA, by providing OPEN READING with the information listed below (and as further set forth in 17 U.S.C. § 512(c)(3)) and requesting that the material be removed or access to it blocked:

  • Identification in sufficient detail of the copyrighted work that you claim has been infringed. If multiple copyrighted works on the Service are covered by a single notification, you may provide a representative list of such works on the Service, however, the representative list must still contain sufficient detail of the copyrighted works so that we can identify them;
  • Identification of the URL or other specific location on the Service that contains the material that you claim to be infringing your copyright. You must provide us with reasonably sufficient information to enable us to locate the alleged infringing material(s), so that we can comply with your request to remove or deny access to it/them.;
  • Your name, address, telephone number and email address (if available);
  • The electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf;
  • 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 you swear under penalty of perjury that the information contained in your notification is accurate and that you are the copyright owner or that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that if you fail to comply with all of the requirements of this Section 8.1, your DMCA notice will not be valid.

You must submit any notification of an alleged copyright infringement to OPEN READING by mail, or email as set forth below:

OPEN READING – DMCA Notification
235 Lakewood Rd
Walnut Creek, CA 94598

Email: support@openreading.com with the subject line “Copyright Policy – DMCA Notification.”

Please note that you may be liable for damages, including court costs and attorneys’ fees, if you materially misrepresent that materials on the Service are infringing a copyright.

3.2 Counter Notification

If you believe in good faith that your own copyrighted material has been removed from the Service as a result of mistake or misidentification, you may submit a written counter notification letter to OPEN READING pursuant to Sections 512(g)(2) and (3) of the DMCA. To be an effective counter notification under the DMCA, your written correspondence must include substantially the following:

  • Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
  • A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or the judicial district where OPEN READING is located if your address is outside the United States;
  • A statement that you will accept service of process from the party that filed the notification of alleged copyright infringement or the party’s agent;
  • Your name, address and telephone number;
  • A statement that you swear under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled, or that the material identified by the complaining party has been removed or disabled at the URL or Website location and will no longer be shown or accessible; and
  • Your physical or electronic signature.

You acknowledge that if you fail to comply with all of the requirements of this Section 8.2, your DMCA counter notification will not be valid.

You may submit your counter notification to OPEN READING’s mail, or email as set forth below:

OPEN READING – DMCA Counter Notification
235 Lakewood Rd
Walnut Creek, CA 94598

Email: support@openreading.com with the subject line “Copyright Policy – DMCA Counter Notification”

If a counter notice is received by OPEN READING ’s DMCA Agent, we may send a copy of the counter notification to the original complaining party informing that person that OPEN READING may replace the removed content or cease disabling it. Unless the copyright owner files an action seeking a court order against OPEN READING or the User, the removed content may be replaced or access to it restored by OPEN READING.

Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees.

4. UPDATES TO THE SERVICE

OPEN READING may require that you accept updates to the Service and to OPEN READING’s content you have installed on your computer or mobile device. You acknowledge and agree that OPEN READING may update the Service with or without notifying you.

5. DISCLAIMERS AND LIMITATIONS OF LIABILITY

5.1. DISCLAIMER OF WARRANTIES

THE Services AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTY THAT (A) THE Services WILL MEET YOUR REQUIREMENTS, (B) THE Services WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Services WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, Services, OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. WHILE OPEN READING IS INTENDED TO PROVIDE PRACTICE FOR CHILDREN LEARNING TO READ, IT DOES NOT GUARANTEE THAT CHILDREN USING THE SERVICE WILL LEARN TO READ.

OPEN READING MAKES NO COMMITMENT TO UPDATE ITS Services. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE WEBSITE AND SERVICE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

OPEN READING is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of these Services or with respect to the information and material contained on these Services. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OPEN READING, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO OUR Services SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THESE Services WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY OPEN READING OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall OPEN READING’s liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing the Services.

YOU ACKNOWLEDGE AND AGREE THAT THE OPEN READING PARTIES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT THROUGH THE SERVICE OR ANY RELATED PRODUCTS. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH OPEN READING IS TO STOP USING THE SERVICE, AND TO DELETE ANY DOWNLOADED APPLICATION(S). IN NO CASE SHALL ANY LIABILITY OF THE OPEN READING PARTIES TO YOU EXCEED THE AMOUNT, IF ANY, THAT YOU PAID FOR THE APPLICABLE SERVICES GIVING RISE TO ANY SUCH LIABILITY. IN NO EVENT SHALL THE OPEN READING PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE OR DATA, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF THE OPEN READING PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

5.2. Indemnification

You agree to indemnify, defend and hold harmless, OPEN READING, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Services from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use by you. OPEN READING reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with OPEN READING in asserting any available defenses.

You agree that the provisions in this paragraph will survive any termination of your account(s) or of the Service.

6. DISPUTE RESOLUTION

6.1. General

You and OPEN READING agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or the Service (“Claim”) in accordance with Subsection 6.2 or as OPEN READING and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly at support@openreading.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

6.2. Law, Dispute Resolution, Binding Arbitration, No Class Relief for Legal Disputes

The Agreement and the relationship between you and OPEN READING shall be governed by the laws of the State of California without regard to its conflict of law provisions. For any dispute arising under this Agreement, you agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in Santa Clara County, California. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

You hereby specifically acknowledge, agree and consent that you waive your right to a trial, by jury or otherwise, and that you agree that any suit, action, proceeding, dispute, controversy or claim (“Dispute”) arising out of or relating to this Terms of Use or any of the transactions contemplated herein or related to the Service or any contests or services thereon will be dealt with in accordance with the following procedures. All parties shall first attempt to negotiate all Disputes informally for at least thirty (30) days before initiating any arbitration. Such informal negotiations shall commence following the receipt of a notice in writing by one of the parties sent to the other. OPEN READING will send its notice to your billing address, if provided, and email you a copy to the email address you have provided to us, if any. You may send any notice to OPEN READING to the addresses listed below.

If the Dispute is not resolved through informal negotiations the Dispute shall be finally and exclusively resolved by binding arbitration before a sole arbitrator. Such Dispute shall be arbitrated within thirty (30) days of the appointment of the arbitrator, unless the parties agree otherwise in writing. If you are a resident of the United States, any arbitration will take place at any reasonable location within the United States convenient for you or in the State of California where OPEN READING is located. For residents outside the United States, any arbitration shall be initiated in the State of California using the English language in accordance with the Commercial Arbitration Rules and Procedures of the American Arbitration Association (“AAA”) then in effect, by one arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of AAA arbitrators. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by an arbitrator rather than a court. The prevailing party in any arbitration or other proceeding arising under these Terms of Use shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section.

The parties agree that any arbitration shall be limited to the Dispute between you and OPEN READING individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

If you have a dispute with another User of the Service, you release OPEN READING (and OPEN READING’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. OPEN READING, at its sole discretion, may try to help resolve disputes between Users; however it has no obligation to do so.

7. SEVERABILITY

You and OPEN READING agree that if any portion of this Agreement is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Agreement, which shall continue to be in full force and effect.

8. CHARGES AND BILLING

8.1 Paid License

To the extent that OPEN READING establishes aspects of the Service are only available to those Users opting for additional paid licenses and you elect to use such paid aspects of the Service, you agree to the pricing, payment and billing policies applicable to such fees and charges as described on www.openreading.com. THE PURCHASE OF ANY PAID LICENSE IS FINAL AND SHALL UNDER NO CIRCUMSTANCES BE REFUNDABLE, TRANSFERABLE, OR EXCHANGEABLE INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OF YOUR USE OF THE SERVICE FOR ANY REASON OR NO REASON, TERMINATION OF THIS AGREEMENT, AND/OR THE DISCONTINUATION OF THE SERVICE.

8.2 Fees

You agree to pay all fees or charges incurred by you or any child authorized by you, including applicable taxes, in accordance with these Terms of Use and the billing terms that are in effect at the time that the fee or charge becomes payable. You acknowledge that OPEN READING may utilize certain third-party providers to collect or otherwise process any such fees and charges. Any additional, separate charges or obligations you directly incur with said third-party are your responsibility. OPEN READING MAKES NO REPRESENTATION OR WARRANTY REGARDING ANY INFORMATION, GOODS AND/OR SERVICES PROVIDED BY ANY THIRD-PARTY. Unless otherwise indicated, all prices are in United States Dollars and do not include Internet service provider, telephone, and other connection charges.

9. GENERAL PROVISIONS

9.1. Assignment

You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without OPEN READING’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.

9.2 Entire Agreement

These Terms of Use contain the entire understanding of you and OPEN READING and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service. To the extent that anything in or associated with the Service is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

9.3 Notices

We may notify you via postings on www.openreading.com or via e-mail. All notices given by you or required from you under these Terms of Use shall be in writing and addressed to: support@openreading.com

All notices to a party shall be in writing and shall be made either via email or conventional mail. The parties agree that all correspondence relating to this Agreement shall be written in the English language. Notices to OPEN READING must be sent to the attention of Customer Service at support@openreading.com, if by email, or to OPEN READING at the address below if by conventional mail. Notices to you may be sent to the email or mailing address supplied by you as part of your account or User profile, if any. In addition, we may broadcast notices or messages through the Service to inform you of changes to the Service or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.

You may contact OPEN READING at the following address:

OPEN READING
235 Lakewood Rd
Walnut Creek, CA 94598

Any notices that you provide without compliance with this Section on Notices shall have no legal effect.

9.4 Jurisdictional Issues

The Service (excluding any linked websites) is governed by the laws of the United States of America. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Website and Services. Although the Services may be accessible worldwide, we make no representation that materials on the Service are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

9.5 Assignment

OPEN READING may assign these Terms of Use, in whole or in part, at any time. Notwithstanding, you may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Use without OPEN READING’s express prior written consent.

9.6 Consumer Rights Information for California Residents

Residents of California are entitled to the following specific consumer rights information: You may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254. California residents expressly agree to waive California Civil Code Sec. 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

9.7 Miscellaneous

Nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by OPEN READING with respect to such use. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.

10. ADDITIONAL TERMS

10. 1 Apple Additional Terms

The following additional terms and conditions apply with respect to our applications designed for use on an Apple iOS-powered mobile device (“iOS App”):

1. You acknowledge that these terms of use are concluded between you and us only, and not with Apple, Inc. (“Apple”). We, and not Apple, are solely responsible for our iOS App and the services and Content available thereon.

2. You agree that your use of our iOS App shall be subject to the Usage Rules set forth in Apple’s then-current App Store Terms of Use.

3. The parties agree that Apple shall have no obligation to provide maintenance and support services with respect to our iOS App.

4. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.

5. You agree that we, and not Apple, are responsible for addressing any claims by you or any third party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

6. You agree that we, and not Apple, shall be responsible for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.

7. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.

8. You agree to comply with all applicable third party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).

9. The parties agree that Apple and Apple’s subsidiaries are third party beneficiaries to the terms of use applicable to our iOS App. Upon your acceptance of the terms of use, Apple will have the right (and will be deemed to have accepted the right) to enforce the terms of use against you as a third party beneficiary thereof.

10. Questions, complaints and claims with respect to our iOS App should be directed to:

OPEN READING
235 Lakewood Rd
Walnut Creek, CA 94598
USA

You may also telephone us at +1 (650) 300-4994 or e-mail us at support@openreading.com. (If you are not 18 years of age or older, you should get your parent or guardian’s permission to contact us.)

Please be assured that any personal information that you provide in communications to the above e-mail and postal mail addresses and telephone numbers will only be used for purposes of a response, and will not be used to send you promotional materials, unless you so request.

10.2 Android Additional Terms

The following additional terms and conditions apply with respect to our applications designed for use on an Android-powered mobile device (“Android App”):

1. You acknowledge that these terms of use are concluded between you and us only, and not with Google, Inc. (“Google”). We, and not Google, are solely responsible for our Android App and the services and Content available thereon.

2. You agree that your use of our Android App shall be subject to the then-current Android Market Terms of Use.

3. Google Inc., as provider of the Android Market, shall have no obligation or liability to you with respect to our Android App or these terms of use.

4. You acknowledge and agree that Google is a third party beneficiary to the terms of use applicable to our Android App.

Terms of Use Effective Date: November 1, 2020