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1. Welcome
Thank you for visiting READ YOUR STORY, LLC. Please read this Terms of Service Agreement (the “Agreement”) carefully before using www.readyourstory.com (the “Website”). If you visit, use or shop at any website operated by READ YOUR STORY, LLC. (including www.readyourstory.com, its subdomains, its pages, and any other site operated by READ YOUR STORY, LLC.), you are entering into an agreement with READ YOUR STORY, LLC. (“READ YOUR STORY”). At all times, you are bound by the then-current version of this Agreement and all applicable laws. We highly recommend that you review this Agreement from time to time to ensure that you are familiar with the most recent version.
2. Entire Agreement
This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and READ YOUR STORY. If any portion of this Agreement is unlawful, invalid, or unenforceable, then such portion of this Agreement shall be deemed severed herefrom and shall not affect the validity or enforceability of the remainder of this Agreement.
READ YOUR STORY may, from time to time, offer you the opportunity to enter into contests to win products (the “Contests”). By participating in any such Contest, you agree to any and all special terms set forth in connection with any such Contest, as well as the terms in this Agreement. You are responsible for any taxes and tax implications due on Contests. In addition, by entering any Contests and / or taking possession of Contest products or prizes, you agree to accept any products or prizes as is and acknowledge that Contests and their products and prizes are subject to the same Terms of Service as with any merchandise purchased from READ YOUR STORY. Due to unforeseen circumstances, READ YOUR STORY reserves the right to substitute Contests products and prizes with merchandise that is of comparable value (as determined by READ YOUR STORY). Products and prizes from Contests are not refundable, exchangeable, replaceable, transferable for cash, credit, reward, or any other product or merchandise.
You are responsible for taxes, if any, due on Points or Rewards. We reserve the right to modify or cancel any Reward offering at any time. Redeemed Rewards are not refundable, exchangeable, replaceable, redeemable, or transferable for cash, credit, other Rewards, or Points under any circumstances.
3. Description of Service
READ YOUR STORY offers users access to (including information about and the opportunity to purchase) personalized children’s books (the “Service”). You understand and agree that the Service is provided "AS-IS". READ YOUR STORY assumes no responsibility for the timeliness, deletion, or misunderstanding of or failure to accept any communication to or from you (including product orders). READ YOUR STORY does not warrant that product specifications, pricing, or other content on the READ YOUR STORY website is complete or accurate. If there are errors related to the pricing or specifications of any product, READ YOUR STORY has the right to refuse or cancel any orders in its sole discretion. But if READ YOUR STORY charged your credit card or other account prior to cancellation, we will issue a credit to your account in the amount of the charge. You understand and agree that the Service may include third party advertisements and services and that READ YOUR STORY assumes no responsibility for third party advertisements and services. You also understand and agree that the Service may include certain communications from READ YOUR STORY, such as service announcements and administrative messages, and that these communications are considered part of READ YOUR STORY membership and you will not be able to opt out of receiving them. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
4. Site Transactions
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
5. Registration Data
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract, that you are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction, and, if you are representing an entity, that you are duly authorized to enter into this contract on behalf of such entity and that such entity has the requisite power and authority to enter into this contract. You also agree to: (a) provide true, accurate, current and complete information about yourself (and, if applicable, any affiliated entity) as prompted by the Service's registration, purchase, or other forms (such information being the "Registration Data"); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or READ YOUR STORY has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, READ YOUR STORY has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Use of the Site is intended for persons over the age of 13 years old. No information should be submitted to or posted on the Site by any Minor (a user younger than 13 years of age). If a minor between the ages of 13 and 18 accesses or registers for the Site, or signs up to receive our newsletter, they should do so with parental or guardian consent. Unless otherwise disclosed during collection, we do not knowingly provide any personally identifying information about Minors, regardless of its source, to third parties, nor is this information knowingly used by us for any marketing or promotional purposes. By registering for this site, or registering to receive our newsletter, you are certifying that you are at least 13 years old.
6. Member Account
If you choose to open a READ YOUR STORY Referral account, you will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify READ YOUR STORY of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. READ YOUR STORY cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
7. Customer Support
You may contact READ YOUR STORY’s Customer Support by sending an email to hey@readyourstory.com. READ YOUR STORY may provide you with customer support from time to time, at our sole discretion, provided that you have created an Account and that you submit your customer support inquiries using such Account.
8. Submissions
All remarks, suggestions, ideas, graphics, or other information communicated to READ YOUR STORY through this site (together, the "Submission") will forever be the property of READ YOUR STORY. READ YOUR STORY will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future READ YOUR STORY operations. Without limitation, READ YOUR STORY will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. READ YOUR STORY will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not READ YOUR STORY, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
You acknowledge that READ YOUR STORY prohibits any Content or any other material that infringes on any patent, trademark, copyright, trade secret, right to privacy, right to publicity, or any other applicable law or proprietary right to be uploaded to the Site.
By accepting these terms and conditions, the user warrants that they are aware that many images on the internet (particularly those of celebrities for example) may be protected by copyright laws. By uploading content, the user warrants that they own all proprietary rights, including copyright, in and to the Content. In addition, to the extent that the Content contains images of people or persons, they represent and warrant that you have obtained permission from all required parties.
The user agrees that neither READ YOUR STORY nor any of its directors, officers, employees, partners, affiliates or agents shall be liable for any damages, whether direct, indirect, consequential or incidental, arising out of the use of, or the inability to use any Content.
9. Posting Content – Representations and Warranties
You agree to be liable for any content posted using your Account and for any transactions associated with your Account. By displaying or publishing ("posting") any content on the Sites, including without limitation text, audio, video, pictures, graphics, music, sound clips, images, likenesses, personal information and other works of authorship (collectively, "Content"), you warrant and represent that (a) you own all rights in your Content and the performance contained in your Content or, alternatively, you have acquired all necessary rights in your Content to enable you to grant to READ YOUR STORY the rights in your Content described herein and for us to exercise the rights with respect to such Content that you grant herein; (b) you are the individual pictured, depicted, and/or heard in your Content, or, alternatively, you have obtained permission (and, if applicable, publicity rights) from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your Content to grant the rights to READ YOUR STORY described herein; and (c) your Content is not defamatory in nature, does not infringe the intellectual property rights, privacy, rights to publicity or any other legal or moral rights of any third party.
10. Ownership of Rights – License Rights
You hereby grant to READ YOUR STORY a permanent, worldwide, royalty-free, freely transferable, freely sublicensable (through unlimited levels of sublicense), non-exclusive license to use, reproduce, modify, adapt, transmit, distribute, publicly perform and display (including in each case by means of a digital audio transmission), and create derivative works of the Content, in any form, media, or technology now known or later developed. You also hereby waive any moral rights you may have in such Content under the laws of any jurisdiction. You agree that we may (but are not obligated to) display your Content, and your username or your actual name (according to the preferences you select at the time that you register) along with your Content. You acknowledge that the posting of your Content for any period of time is sufficient consideration for the license granted herein to READ YOUR STORY.
11. Copyrights and Trademarks
READ YOUR STORY owns or has rights to use all of the data, information, text, images, and other content contained on the Website, and the copyrights and other intellectual property rights therein, unless otherwise noted.
12. Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of, third parties or advertisers that are found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third parties. You agree that READ YOUR STORY shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Website.
13. Links from the Website
READ YOUR STORY may provide, or third parties may provide, links to other Internet websites or resources. READ YOUR STORY does not endorse, sponsor, or approve, of any content of such websites or locations. READ YOUR STORY has no control over any of the websites or Internet locations that you may access through the Website, and is not responsible for the content or accuracy of the content of any such website or location. If you access any other website or Internet location through the Website, you do so at your own risk. You acknowledge that READ YOUR STORY shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource. If you believe that any link on the Website leads to an illegal, offensive, or inappropriate website, please send an email to legal@readyourstory.com.
14. Your Conduct
You agree to not use the Service to:
You agree that you must evaluate, and bear all risks associated with, the use of any content provided to you READ YOUR STORY or any other party in connection with your use of the Service, including any reliance on the accuracy, completeness, or usefulness of such content.
You acknowledge, consent and agree that READ YOUR STORY may access, preserve, and disclose your purchase history, account information, communications, and other information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms of Service; (iii) respond to your requests for customer service; or (iv) protect the rights, property, or personal safety of READ YOUR STORY, its users and the public.
You understand that the technical processing and transmission of the Service may involve (1) transmissions over various networks; and (2) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by READ YOUR STORY and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
15. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
16. Disclaimer of Warranties
ALL CONTENT OF THIS WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, READ YOUR STORY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EXPRESSED OR IMPLIED, RELATING TO SUCH CONTENT, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES AND REPRESENTATIONS OF NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND QUIET ENJOYMENT. ALTHOUGH READ YOUR STORY WISHES THE CONTENT OF THIS WEBSITE TO BE ACCURATE, COMPLETE, AND CURRENT, READ YOUR STORY DOES NOT WARRANT OR REPRESENT THAT ANY CONTENT OF THIS WEBSITE OR ANY DATA ON THIS WEBSITE IS ACCURATE, ERROR-FREE, COMPLETE, OR CURRENT, THAT USE OF SUCH CONTENT OR DATA WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE, ITS CONTENT OR DATA, AND THE SERVERS ON WHICH THE WEBSITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, READ YOUR STORY DISCLAIMS ANY OBLIGATION TO MAINTAIN THIS WEBSITE OR KEEP IT OPERATIONAL. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
17. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER READ YOUR STORY, NOR ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS, PARTNERS, SUPPLIERS, CO-BRANDERS, MEMBERS, REPRESENTATIVES, CONTENT PROVIDERS, NOR EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF READ YOUR STORY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, AND SUPPLIERS AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO READ YOUR STORY.
18. Termination of Service
READ YOUR STORY reserves the right to change or discontinue at any time, without notice, any Contests, content, or services described on the Website, or the availability thereof. READ YOUR STORY also reserves the right, in its sole discretion, to terminate this Agreement, your access to all or part of the Website, and/or your Account, or suspend or block your access to the Website, with or without notice to you. You will still be liable for any breaches of these Terms and/or obligations incurred before the Terms end. If you use the Sites after termination of these Terms, that use will constitute your agreement to the Terms then posted on the Sites. READ YOUR STORY may continue to exploit electronic or printed materials it has created, or developed specific plans to create, that contain such Content according to the terms contained in Section 9 with respect to removal or modification of Content previously posted on the Sites.
19. Indemnification
You agree to indemnify and hold harmless READ YOUR STORY and its subsidiaries, affiliates, directors, officers, shareholders, employees, agents, licensors, partners, suppliers, co-branders, members, representatives, successors, products, service, content providers, and/or assigns, from and against all liabilities, claims, expenses, or demands, including reasonable attorneys’ fees and amounts paid to settle claims, made by any third-party due to or arising from the content you submit, post, or transmit to or through the Website, your use of the Website, your violation of this Agreement, or your violation of any rights of another.
20. Additional Terms
READ YOUR STORY controls and operates this Website from the State of California, United States of America and makes no representation or warranty that the content of this Website is appropriate, lawful, or available for use in other geographic locations. If you use the Website from other locations, you are responsible for compliance with all applicable local laws.
21. Electronic Communications
You agree to electronic communication for all of your transactions and communication with READ YOUR STORY. You agree that all postings, notices, disclosures, or other communications that READ YOUR STORY provides to you electronically satisfy any legal requirements that such communications be in writing.
22. Notices
Except as otherwise provided in this Terms of Service, READ YOUR STORY will give you any notices by email or by posting them on the Website, and you agree that such email or posting will constitute effective notice. You authorize READ YOUR STORY to send notices (including without limitation notice of subpoenas or other legal process, if any) via email as well if READ YOUR STORY decides, in its sole discretion, to do so. You agree to keep your address current and that notice provided by READ YOUR STORY to the address that you have most recently provided will constitute effective notice.
23. Privacy Policy
Information about you is subject to our Privacy Policy.
24. Violations
Please report any violations of this Agreement to legal@readyourstory.com
25. Changes to Agreement and Privacy Policy
READ YOUR STORY RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AND ITS PRIVACY POLICY AT ANY TIME UPON NOTICE TO YOU, TO BE GIVEN BY THE POSTING OF A NEW VERSION OR A CHANGE NOTICE ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT AND THE PRIVACY POLICY PERIODICALLY. IF AT ANY TIME YOU FIND EITHER UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES.
© 2016-2018 READ YOUR STORY, LLC. All rights reserved.
Last Updated: September 2016
