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FreeReading:Terms of Use

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Free-Reading.net

Terms and Conditions of Use

Last modified April 24, 2015

Welcome to the Free-Reading.net website (the “Site”). The Site is owned and operated by Amplify Education, Inc., located at 55 Washington Street, 9th Floor, Brooklyn, New York 11201 (“Free-Reading”) (“we” and “us”).

BY ACCESSING OR USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS TERMS OF USE AGREEMENT (“TERMS OF USE”) AND YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SITE AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THE TERMS OF THE TERMS OF USE FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF THE SITE AND ANY AFFILIATE WEB SITES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES.

1. Using Content. Except where specifically designated, all of the content featured or displayed on the Site, including without limitation text, graphics, photographs, images, video, audio, and illustrations (“Content”) and your use of any Content on this Site is governed by the Creative Commons Attribution-Share Alike 3.0 license (the “License”). The License permits you to adapt, copy, distribute and transmit the Content without restriction so long as you (a) attribute the work in the manner specified (but not in any way that suggests that Free-Reading or other licensor endorses you or your use of the work); and (b) if you alter, transform, or build upon the Content, you may distribute the resulting content only under the same License. The specific terms of the License are available here: http://creativecommons.org/licenses/by-sa/3.0/. For purposes of using Content, you agree to provide a URL of the Site page containing the article in which the cited Content is used, which shall constitute sufficient attribution under the License. In addition to the foregoing, you must also comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Content. The Content may only be used for the intended purpose for which such Content is being made available. You will not remove any copyright, trademark or other proprietary notices from material found on the Site. Certain specifically-designated Content is not provided under the Creative Commons license. Such Content, including without limitation the look and feel of the Site and the software, is protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights.

2. Contributing Content. Original Content submitted and published by previous users of the Site (“User Contributions”) remains the intellectual property of the individual user. Such users have granted Free-Reading and its users a license to the User Contributions consistent with the License which permits Free-Reading or any other user of the Site to adapt, copy, distribute and transmit their Content without restrictions so long as Free-Reading or such user (a) attributes their Content using the attribution information provided by you ; and (b) if Free-Reading or a user alters, transforms, or builds upon this User Contribution, Free-Reading or such user may distribute the resulting work only under the same License. For purposes of using User Contributions, providing a URL of the Site page containing the article in which the User Contribution appears, which in turn will contain a change log detailing contributions and editorial changes by users, shall constitute sufficient attribution under the License.

3. Inappropriate Material. You are prohibited from posting or sending any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. You further understand and agree that sending unsolicited email advertisements to any user of the Site or the Site is expressly prohibited by these Terms of Use. Any such unauthorized use of our computer systems is a violation of these Terms of Use and applicable ‘anti-spam’ laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from the Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials. In addition, by using this Site, you understand that User Contributions may contain inappropriate material described above from time to time and that we are not liable to you or any third party for the posting of such material on the Site.

4. Accuracy of Information. We attempt to ensure that information on this Site is complete, accurate and current. Despite our efforts, the information on this Site may occasionally be inaccurate, incomplete or out of date. Except as otherwise specifically agreed in writing between you and Free-Reading, we make no representation as to the completeness, accuracy or currency of any information or Content on the Site. In addition, while it is our goal to provide high-quality Content, we make no representations, except where expressly indicated, that User Contributions or any other Content is based in research or science or has been subject to formal or informal peer review.

5. No Endorsement. User Contributions do not represent the views of Free-Reading or any individual associated with Free-Reading, and we do not control this Content. Except as expressly designated as having been approved, reviewed or the like, we do not vouch for the accuracy or credibility of any User Contributions on the Site, and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Contributions on the Site. While we strive to monitor Content for suitability, through your use of the Site and Services, you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using the Site, you assume all of these risks.

6. Trademarks. All trademarks, service marks and trade names of Free-Reading used herein (including but not limited to: the Free-Reading name, the Free-Reading logo, and the Free-Reading design) (collectively “Marks”) are trademarks of Free-Reading or its affiliates, partners, vendors or licensors. Free-Reading grants you a worldwide, non-exclusive, non- transferable, personal right to use and distribute the Marks solely in conjunction with the permitted forms of distribution of the Content specified in Section 1 and consistent with any use guidelines provided by Free-Reading. Use of the Marks does not give you any right, title or interest in the Marks. You agree not to use the Marks in any way that will disparage Free-Reading or diminish or damage Free-Reading's goodwill in the Marks or infringe Free-Reading's intellectual property. You acknowledge the validity of the Marks and Free-Reading's sole ownership of the Marks. You recognize the value of the goodwill associated with the Marks, and acknowledge that such goodwill belongs to Free-Reading. You will take no action that will interfere with or diminish Free-Reading's rights in the Marks. You may not use the Marks in any way as an endorsement or sponsorship by Free-Reading of any product or service. You agree not to adopt or use a trademark, service mark, or any other designation confusingly similar to the Marks.

7. Third Party Links. From time to time, this Site may contain links to Sites that are not owned, operated or controlled by Free-Reading or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Site. Neither we nor any of our respective affiliates are responsible for or endorse any content, materials or other information located on or accessible from any other Site. If you decide to access any other websites linked to or from this Site, you do so entirely at your own risk.

8. Account Security. You are responsible for the security and confidentiality of your password and account and you are responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. We have the right to provide account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business).

9. Access and Interference. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of the Site. We do not guarantee continuous, uninterrupted or secure access to our Site, and operation of the Site may be interfered with by numerous factors outside of our control. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. You agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site.

10. DISCLAIMERS. YOUR USE OF THIS SITE IS AT YOUR RISK. THE CONTENT, INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS SITE ARE PROVIDED ‘AS IS’ WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. EXCEPT AS OTHERWISE AGREED IN WRITING BETWEEN YOU AND FREE-READING, NEITHER FREE-READING, NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS SITE. NEITHER FREE-READING, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE THE CONTENT, INFORMATION, MATERIALS OR SERVICES.

11. LIMITATIONS OF LIABILITY. Free-Reading does not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the Site, or your downloading of any information or materials from the Site. IN NO EVENT WILL FREE-READING, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY SITES LINKED TO THIS SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH SITES. YOU SPECIFICALLY ACKNOWLEDGE FREE-READING SHALL NOT BE LIABLE FOR USER CONTRIBUTIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN THE EVENT OF ANY PROBLEM WITH THIS SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SITE.

12. Indemnity. You agree to defend, indemnify and hold Free-Reading harmless from any and all liabilities, costs, and expenses in connection with a third party claim stemming from (i) your use of the Site or your placement or transmission of any message or information on the Site by you or your authorized users; (ii) your violation of any provision of the Terms of Use, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; or (v) any other party’s access and use of the Site with your unique username, password or other appropriate security code.

13. Release. In the event that you have a dispute with one or more other users of the Site, you release Free-Reading (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages 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.

14. Value-added Products and Services. While most content on the Site is provided free of charge, from time to time we or our business partners may offer for sale certain value-added products and services on the site or on linked websites. Additional terms and conditions may apply to the purchase of products, such as shipping and return policies. IN THE EVENT OF ANY PROBLEM WITH ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH THIS SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES, IF ANY, POSTED ON THE SITE ON WHICH YOU MADE SUCH PURCHASE.

15. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE. In operating the Site, we may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third party web sites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Site. Free-Reading has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Website. Free-Reading has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of Free-Reading or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this Agreement. If you believe any material available via the Site infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sec. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is Copyright Agent, Amplify Education, Inc., 55 Washington St., 9th Floor Brooklyn, NY 11201 legal@amplify.com

Please provide the following notice:
1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
2. Identify the material on the Site that you claim is infringing, with enough detail so that we may locate it on the Site;
3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
4. A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
5. Your address, telephone number, and email address; and
6. Your physical or electronic signature.

We may give notice to our users of any infringement notice by means of a general notice on any of our websites, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

19. Copyright Notice. All Site design, graphics, arrangements, and all software are © 2015 Amplify Education, Inc. and its licensors.

20. Termination. You or we may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason. We may also block your access to our Site in the event that (a) you breach these Terms of Use; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

21. General. Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the New York. You consent to the exclusive jurisdiction of the state and federal courts located in the State of New York. If any provision of the Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that the Terms of Use may be assigned by Free-Reading in our sole discretion. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Neither Free-Reading nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control. Sections 12 (Access and Interference), 14 (Liability Limit), 15 (Indemnity), and 16 (Release) shall survive any termination or expiration of these Terms of Use.

Additional Assistance. If you do not understand any of the foregoing Terms of Use or if you have any questions or comments, we invite you to contact our Free-Reading Support by email at support@amplify.com.

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