Terms and rules

Terms of Service

READING WAYS' TERMS OF SERVICE

Last updated: 2021, Feb 12. (Updated summary, minor clarifying additions to licensing terms, and grammatical improvements) 

 

SUMMARY

I. Introduction: Please read this agreement carefully. This agreement is a binding legal contract between you and Reading Ways. We will consider you to have signed this contract when you click to accept the terms, download, or view our materials. 

 

II. Definitions: Definitions explains important or recurring words and phrases throughout these Terms. We recommend you refer to the Definition section when in doubt about the meaning of a provision.

 

III. Account Terms: Account Terms specify the conditions under which you may use Reading Ways' services. If you use this Service on behalf of an organization or employer, you are subject to certain administrative restrictions. Representatives of organizations may have special privileges granting them control over and making them responsible for Accounts in their organization. All Users must be age 13 or older. Multiple Users may not share the same credentials or User Account. All Users are responsible for the use of their Accounts.

 

IV. Intellectual Property Notice: Reading Ways offers a service that it owns. Reading Ways also owns intellectual property rights such as copyrights and trademarks on its Service, Platform, and proprietary materials. The only materials not owned by Reading Ways are those uploaded by Users such as yourself.

 

V. Licensing Terms: The Licensing Terms specifies the terms you upload or download Content under on the Platform. 

 

V(A) Uploading User's Permissions: This is a license between you and Reading Ways, and you and other Users. You will remain the owner of the Content you upload at all times. However, to ensure this Service, you grant Reading Ways and other Users certain rights and permissions to use or share the material you upload. If not specified, the Premium license will be applied by default. You can extend other Users' rights to use the material by adopting a Standard License, explained below in Section V. 

 

V(B) STANDARD USER LICENSE: Our Standard license is our most accomodating license for downloading Users. The User who uploads Content gives other Users a license to use, distribute, and adapt the uploaded Content as long as they credit the original creator. 

 

V(C) PREMIUM USER LICENSE: The Premium license imposes stricter conditions and obligations on the downloading User. Users are prohibited from distributing, sublicense to others, removing attribution and branding, or use commercially premium licensed Content. However, you are still welcome to adapt these Resources and show or display them to others for educational purposes. 

 

V(B) and V(C) STANDARD AND PREMIUM USER LICENSE: The Standard and Premium license lets Users adapt, remix, transform, or build upon the material, as long as they give attribution to the original creator. Neither Standard nor Premium Resources may be downloaded by Users for commercial purposes. Users may display or show the material to others in an educational context or for an educational purpose. To display to others for educational purposes means that a teacher can, for example, print out a premium or standard licensed classroom resource to give to his students. An instructional coach may show a premium or standard licensed video to all participants in her professional development sessions.   

 

VI. User-Generated Content and Community Guidelines: Reading Ways may verify the Content You upload. Once uploaded, Reading Ways may decide to take it down if objectionable, infringing, threatening, or hateful. Reading Ways will always be able to take down your Content, with or without notice, for any reason, and may also terminate your Account. Our Community Guidelines consist of the basic rules of behavior you must follow when using your Reading Ways account. 

 

VII. Copyright Policy: Reading Ways will respond to copyright takedown notices by contacting the accused User and request a deletion or modification. If the accused User does not comply with the request, we will delete the Content, and the Account may be subject to termination.

 

VIII. Warranties: We provide our services "as is." Meaning that we do not guarantee the absence of imperfection or errors. 

By signing this contract, you certify that certain conditions exist. For example, you guarantee that other people's intellectual property rights do not cover the materials you upload. You will be responsible to Reading Ways or third parties if your representations or declarations are false.

 

IX. Limitations of Liability: Reading Ways will not be responsible for how Content shared through its Platform or Services are used by others, including cases where this use results in damages or costs to you. Reading Ways will not be legally responsible for conduct attributable to its Users or third parties.

 

X. Indemnity: In the event, your violations of terms of this agreement or your misuse of Reading Ways' services causes damages, lawsuits, or disputes affecting Reading Ways, you will be responsible for repaying the damages caused.

 

XI. Other Provisions: These provisions regulate general aspects of your contract with Reading Ways, such as the law that will be applied to disputes, how we may modify the terms of services, or what to do in cases where a provision under this contract cannot be enforced.

 

XII. Termination: When your Account is deleted by you or terminated by Reading Ways, this contract comes to an end. However, certain obligations will survive the termination.

 

XIII. Terms of Service Update Policy: Reading Ways may update these Terms of Service. If so, you will be notified by email and a notice will appear on the Platform. After being notified of an update in the Terms, you will be considered to have accepted the new Terms of Service if you continue to access or use Reading Ways' services.

 

 

 I. INTRODUCTION 

Welcome to Reading Ways, and thank you for your interest!

 

The following Terms of Service create a legal contract between you and Reading Ways, and they will regulate your use of all Services operated by Reading Ways unless indicated otherwise. We encourage you to read the Terms carefully.

 

By registering for, accessing, using the Platform, uploading or downloading Resources, or by clicking "I accept these terms," you acknowledge that you have read, understood, and agreed to be bound by the Terms of Services as a whole, including all conditions, Community Guidelines, privacy policies, and supplemental terms. Regardless of where you access Reading Ways from, you acknowledge that you understand and agree to be bound by this TOS in the language they are written.

By accepting or otherwise agreeing to this TOS, you represent to us that you have the authority to bind your company, organization, or other entity to this TOS. Accordingly, the entity you represent and on which behalf you agreed to these Terms of Service will be bound by this TOS as well.

 

If you do not agree with these Terms, please do not register or otherwise access or use the Service. Your use of the Service will constitute acceptance of this TOS. If you wish to close your Account, please contact us.

 

II. DEFINITIONS

You may refer to the following definitions as you navigate the Terms of Service:

  1. "RW," "our," "we," and "us" refer to Reading Ways, Inc., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees;
  2. "Platform" refers to Reading Ways' website located at readingways.org, including all Content, Services, and products provided by Reading Ways at or through the Platform. It also means Reading Ways-owned subdomains of readingways.org, such as learning.readingways.org;
  3. "Content" means the content featured or displayed throughout the Platform, including without limitation code, text, data, articles, images, photographs, graphics, software, applications, packages, designs, features, and other materials that are available on the Platform or otherwise available through the Service. It also includes Content shared or made available by virtue of Reading Ways' Services;
  4. "Forums" refers to the part of the Platform that facilitates discussion, indicated by the path learning.readingways.org/forums/. 
  5. "Private Forums" refers to Forums that are limited to certain User Groups;
  6. "Representatives" are designated technical personnel who administer the Services on their Users' behalf in their capacity as a representative for an organization, entity, or company. Representatives have special Account privileges and obligations;
  7. "Resources" refers to items with stand-alone utility, such as text-sets, worksheets, assessments, and videos. Users access Resources primarily through the Resource Library (available at learning.readingways.org/resources/);
  8. "Service" means the applications, software, products, and services provided by Reading Ways;
  9. "Terms of Service," "Terms," and "TOS" refers, collectively, to all the terms, conditions, notices contained or referenced in this document and all other operating rules, policies incorporated by reference therein (including the Reading Ways Privacy Statement);
  10. "User," "you," and "your" refer to the individual person that has visited or is using the Platform or Service, or that accesses or uses any part of the User Account, or that directs the use of the User Account in the performance of its functions;
  11. "End User" means the individual Users whom Representatives manage;
  12. "User Accounts" and "Accounts" represents an individual User's authorization to log in to and use the Service and serves as a User's identity on our Platform. Accounts also represent your legal relationship with Reading Ways;
  13. "User-Generated Content" is Content created or uploaded by Users;
  14. "User Groups" and "Groups" refers to groups of Users, usually associated with a professional role or company, organization, or entity;

 

III. ACCOUNT TERMS

All User Account are subject to the following conditions:

  1. All Users must be thirteen (13) years old or older. Please do not register for this Service if you are below the age requirement. By registering for this Service, you represent that you satisfy this condition;
  2. A User Account may only be used by one person. You may not share your User Account credential with anyone;
  3. You will be responsible for all Content posted through and activity conduct by your User Account. You are also responsible for taking reasonable steps to keep your Account's credentials secure. You agree to notify Reading Ways immediately if you become aware of any unauthorized use of your password or any other security breaches.

Types of Users. The Services are available to several different types of Users, who will have different types of accounts with various tools, functionalities, and restrictions. For example, the Services may be accessed by "Site Leaders" participating in or supporting a group of "Teachers" through a professional learning program, or by "School Administrators" who will use the Services to monitor the progress of "Site Leaders" and "Teachers."  

 

Using our services on behalf of an organization, company, or other entity. By using our services on behalf of an entity, you give away some administrative control to your organization's Representatives. Representatives may require you to follow additional rules and manage your use of our Services by administrating your Account and processing your data. You enter into this agreement on behalf of an organization by registering for this Service with an email address domain belonging to your organization or by accepting an invitation to register for this Service on behalf of your organization. 

 

Using our services as a Representative. Representatives are responsible for the actions, use, and conduct performed on or through End User Accounts. Representatives can access settings, monitor, modify, withhold, disclose data associated with End User Accounts, and control End User's access to the Services. 

 

IV. INTELLECTUAL PROPERTY

All elements of the Services offered to Users are the sole property of Reading Ways. Reading Ways also owns or is otherwise licensed to use all visual interfaces, graphics, designs, information, code, Content, materials, and Resources on the Platform.

Except for Content uploaded by Users, all products and Content provided by Reading Ways are protected by the applicable United States or international copyright, trademark, patent, or trade secret laws.

Reading Ways reserves all rights not expressly granted in this TOS.

 

 

V. LICENSING TERMS

A. UPLOADING USER'S PERMISSIONS

Reading Ways provides a portion of its products and services to you and other Users free of charge. In exchange, we need the permission to use Content you create and upload or share on Reading Ways' Platform, including Content covered by intellectual property rights, such as copyrights.

 

By uploading Content, you agree to provide Reading Ways with a license to use that Content for purposes of providing our Services. This license will be worldwide, perpetual, non-exclusive, transferable, and sublicensable. It allows Reading Ways to store, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of the Content You upload.

 

You will retain the property in any Content you upload or share through Reading Ways, and these terms do not alter those rights. You remain free to share your Content however you choose.

If you intend to restrict the uses that others may make of your Content, upload your Content under the default Premium License, explained below. The rules under the Licensing Terms subsection V(B) and V(C) will govern your license to other Reading Ways Users if you upload under the rw's License terms or if not specified. 

 

B. STANDARD USER LICENSE

The Standard User License governs most of the Content licensed to you by other Users. The Standard User License allows You to use and adapt downloaded Content freely, although it forbids downloading Users to use it for commercial purposes. The Standard User License will govern your use of Content uploaded through Reading Ways' services every time you use, upload, download, or otherwise access content that is displayed or indicated as uploaded under the "Standard License."

 

If you upload Content and choose the Standard License:

  1. As the uploading User, you retain ownership and title to the Content you upload;
  2. You agree to grant other Users a perpetual, worldwide, non-exclusive, sublicensable, royalty-free license to use, display, and distribute the Content you upload;
  3. You agree to allow others to use, share, and distribute your Content freely and under their terms;
  4. You will be attributed ownership and authorship by other Users;
  5. Your licensees and sublicensees may eliminate your identifying symbols, where present, from the Content you upload, so long as they attribute it to you.

 

By using, downloading, or otherwise accessing Content covered by Standard User Licenses, you agree to the following terms:

  1. You may use, share, or distribute the Content freely and under the terms of your choosing;
  2. You may not use the Content commercially, either directly or indirectly;
  3. You agree not to present the Content as originally yours or claim ownership of it;
  4. You may adapt, remix, transform, or build upon the Content;
  5. You may eliminate, where present, the identifying symbols of either Reading Ways or the User who uploaded the Content, so long as you attribute the Content to its original author;
  6. You agree to be solely responsible for the uses you make of the licensed Content, including but not limited to compliance with the Standard License terms;
  7. You agree always to attribute the Content to its original author or uploading User.

 

 

C. PREMIUM USER LICENSE

Part of the Content governed by these Terms of Service may be licensed to you by Reading Ways or its Users under a "Premium License." The Premium License imposes more limiting terms and conditions on the downloading User. If the relevant Content's page does not expressly indicated a license, the Premium User License shall govern your use of Reading Ways' services every time you use, upload, download, or otherwise access the Content.

 

If you upload Content under the Premium User License option:

  1. As the uploading User, you retain ownership and title to the Content you upload;
  2. You agree to grant other Users a perpetual, worldwide, non-exclusive, non-sublicensable, royalty-free license to use or create derivative works of the Content;
  3. As to Reading Ways, you agree to grant Reading Ways' a perpetual, worldwide, non-exclusive, non-sublicensable, royalty-free license to use, store, or share the Content solely for purposes of providing its Services;
  4. Downloading Users may not use, share, or distribute the Content for commercial purposes;
  5. You will be attributed your work or Content by other Users;
  6. You will have your brand, where present, shown on the Content by licensees.

By using, downloading, or otherwise accessing Content covered by Premium Licenses, you agree to the following terms:

  1. You may not use the Content commercially, either directly or indirectly;
  2. You may not sublicense the Content to others;
  3. You may use the Content for your own purposes, but you may not share or distribute it freely to others;
  4. Notwithstanding the above, you may display or show the Content to others if you use the Content in an educational context or for an educational purpose;
  5. You agree not to present the Content as originally yours or claim ownership of it;
  6. You may adapt, remix, transform, or build upon the material, but you must attribute the Content to its author or uploading User;
  7. You agree to maintain, where present, the identifying symbols of either Reading Ways or the User who uploaded the Content;
  8. You agree to be solely responsible for the uses you make of the licensed Content, including but not limited to compliance with the Premium License terms.

In the event, the applicable terms of a Premium License conflict with the general Terms of Service or the terms of the Standard License, the terms of the Premium License will govern to the extent of the conflict.

 

 

VI. USER-GENERATED CONTENT

We may send Content you submit or upload to third-party verification services (including, but not limited to, spam prevention services). Do not submit any Content that you consider to be private or confidential.

 

Responsibility for User-Generated Content: You agree not to use the Service to submit or link to any Content which is defamatory, abusive, hateful, threatening, spam or spam-like, likely to offend, contains adult or objectionable content, contains personal information of others, risks copyright infringement, encourages unlawful activity, or otherwise violates any laws. You are entirely responsible for your Content and any harm resulting from your Content or your conduct.

 

Reading Ways May Remove Content: We do not pre-screen User-Generated Content, but all Content you submit, upload, or otherwise make available to the Service ("Content") may be reviewed by staff members. We may remove or modify any Content submitted at any time, with or without cause, with or without notice. Requests for Content to be removed or modified will be undertaken only at our discretion. We may terminate your access to all or parts of the Service at any time, with or without cause, with or without notice.

 

VII. COPYRIGHT POLICY

Suppose someone else uses your copyrighted Content in an unauthorized manner on the Platform. In that case, you can send us a takedown notice to request that the infringing Content be changed or removed.

If Reading Ways receive a notice alleging that Contents infringe copyright laws, we will contact the User who uploaded the Content. The alleged infringer receives one (1) business day to delete or modify the Content specified in the notice. If the User complies, they must tell us so within one (1) business day. Otherwise, Reading Ways will delete the Content.

We will terminate the User Account of repeating infringers of this policy.

 

VIII. WARRANTIES AND REPRESENTATIONS

By accessing or otherwise using Reading Ways' product or services, you represent and warrant that:

  1. You own the resources or materials you uploaded or intend to upload;
  2. Alternatively, you are the author or creator, and the resources or materials are your original work;
  3. Alternatively, you are authorized, permitted, or licensed to use the resources or materials that you uploaded or intend to upload;
  4. Alternatively, you are uploading resources or materials not covered by any third-party intellectual property rights;
  5. You will be solely responsible for the conduct in violation of this TOS;
  6. You will be solely responsible for uploading resources or materials that is not yours or that you are otherwise unauthorized to share or divulge;
  7. You are not otherwise infringing third-party rights, including intellectual property rights.

Reading Ways expressly disclaims warranties with respect to its products and Content, including any express or implied warranty, the warranty of merchantability, and the warranty of fitness for a particular purpose. We provide all Resources, materials, and Content "as is." Therefore, Reading Ways does not guarantee the absence of imperfection or errors.

 

IX. LIMITATIONS OF LIABILITY

Reading Ways also disclaims, to the extent permitted by applicable law, liability to you on any legal theory for incidental, direct, actual, or other damages as it related to the use of Content hosted on its Platform or otherwise connected to its services. This includes claims based on loss of revenue or income, lost profits, emotional distress, costs of substitute goods or services that may arise in connection with your use of Reading Ways' services.

Finally, Reading Ways will not be responsible in any manner for:

  1. Content posted, shared, or uploaded by you through its Services;
  2. Your use of the Services, including but not limited to your use of Content uploaded by others;
  3. Conduct of third parties on or through its Services.

 

 

X. INDEMNITY

You agree to indemnify and hold harmless Reading Ways, its employees, or agents against any and all claims, losses, damages, and costs, including attorneys' fees, resulting from or arising in connection with:

  1. Your violations of any of the Terms of Service in this document;
  2. Your failure to comply with a Standard or Premium License, and the consequences thereof;
  3. The use you make of Reading Ways' services and products;
  4. The Content you upload to Reading Ways and make available to its Users.

 

XI. OTHER PROVISIONS

These Terms of Service constitute the entire agreement between you and Reading Ways regarding the use of Reading Ways' products and services, and they supersede any prior agreements, whether oral or written.

Third-Party Beneficiary Rights. These Terms do not confer any third-party beneficiary rights.

Restructuring. Reading Ways reserves the right to freely assign its rights and obligations under these Terms of Service in the event or in connection with a merger, acquisition, sale of assets, corporate restructuring operation, or when assignment otherwise occurs by operation of law.

Choice of Law. Every provision that is part of this TOS is governed by the State of Delaware's law, irrespective of its applicable conflict of laws provisions.

Arbitration Clause. In the event of claims, disputes, or lawsuits arising out of or in connection with these Terms of Service, the Parties agree to submit the dispute to arbitration to be held in the State of Delaware and to be final and binding upon the Parties. The Parties will appoint one (1) arbitrator each and then select a chairperson to serve as the third arbitrator.

Forum Selection. Suppose the Parties fail to commence, continue, or abide by the resulting arbitration proceeding's decision. In that case, the Parties agree to elect the State of Delaware as the exclusive forum for all their claims, disputes, and lawsuits, including but not limited to lawsuits arising out from or in connection to the applicability, enforceability, and validity of this TOS and any provision herein.

Severability. If any portion of these Terms is found unenforceable, invalid, or otherwise inoperable, the remainder of this TOS will remain in effect.

Waiver. Reading Ways' failure to enforce any of these Terms will not constitute nor be considered a waiver of the relevant right or term.

Agency or Partnership. No right or obligation granted or restricted by operation of these Terms will create or be deemed to give rise to a relationship of agency or partnership between you and Reading Ways.

Policy Compliance. As part of this TOS, you agree to be legally bound by all policies that constitute part of these Terms, including but not limited to our Privacy Policy and our Community Guidelines.

Reserved Rights. Reading Ways reserves all rights not expressly granted to you by this TOS.

 

XII. TERMINATION

The present Terms of Service terminate upon cancellation or termination of your User Account.

In the event of termination of the Terms for any reason, the remaining provisions will retain their full force:

  1. Indemnification obligations;
  2. Choice of law provisions;
  3. Forum selection clauses and jurisdiction waiver;
  4. Limitations of liability;
  5. Warranties and representations.

 

XIII. TERMS OF SERVICE UPDATE POLICY

Reading Ways may, from time to time, decide or be required to update these Terms of Services.

In that case, we will duly notify you each time we make changes. You acknowledge that you will be bound by the modified, updated, or new Terms of Services if you continue to use our services after being notified about the changes. Reading Ways will notify you at least thirty (30) days before the change taking effect by email and by posting a notice on our Platform. For non-material modifications, your continued use of the Platform constitutes agreement to our revisions of these Terms of Service.

 

We reserve the right to modify or discontinue, temporarily or permanently, the Platform (or any part of it) with or without notice.

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