By using and/or registering to become a member
of the site, you are stating that you understand and agree to be bound by the
terms and conditions of this user agreement (the "agreement"). Please
read the agreement. If you disagree with anything in this agreement, please do
not use the site or any services provided in connection with the site.
Services
To use the Site, you do not have to register to become a Electronic Reader member
("Member"). As a Member, however, you will have access to various
services to which non-Members do not have access, some of which will enable you
and other site members to interact with each other ("Member Areas").
These Member Areas and services can include and at our discretion, the
following:
- Site News
- Site Pages
- Message Boards (Forums)
- Profiles
- Downloads
- Links Directory
The above list is not comprehensive of all the
services provided. We reserve the right to modify or discontinue, temporarily
or permanently, the Site (or any part thereof) with or without notice. You
agree that Electronic Reader shall
not be liable to you or to any third party for any such action.
If you would like to register to become a
Member, please complete our membership registration form. When you do, you
agree to: provide true, accurate, current and complete information as prompted
by the registration form, maintain and update such information to keep it true,
accurate, current, and complete at all times, and that you are the age that you
state.
If any information provided by you on the
registration form is untrue, inaccurate, not current or incomplete, or if we
have reasonable grounds to so believe, we have the right to suspend or
terminate your membership and to refuse to provide you with any future
membership. If we have reason to believe that you have registered someone other
than yourself, we will cooperate with any law enforcement investigation that
may result from such misrepresentations and shall have the right, in our sole
discretion, to disclose any information you provided to us in connection with
such registration.
Electronic
Reader makes a good faith effort to prohibit registration as a Member by,
and will not knowingly connect or store personal information from, children as
governed by law.
Fees
We reserve the right at any time to charge fees for access to Site content
or services or to portions of the existing Site content or services or the Site
as a whole. In no event will you be charged for access to any Site content or
service, or to the Site as a whole, unless we obtain your prior agreement to
pay such charges. If you do not consent to such charges, however, you may not
have access to paid content or service.
Site Rules
Following are some basic rules that apply to the Site and that you agree to
follow. If you violate any of the Site rules, or if we have reasonable grounds
to so believe, we have the right to deny you access to the Site, to suspend or
terminate your membership and to refuse to provide you with any future
membership. You agree not to use the Site to upload, store, post, email or
otherwise transmit any:
... material that is inaccurate, unlawful,
harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar,
obscene, sexually explicit, libelous, invasive of another's privacy, hateful, racist,
bigoted or otherwise objectionable;
... material that you do not have a right to
transmit under any law or under contractual or fiduciary relationships;
... material that infringes any patent,
trademark, trade secret, copyright or other proprietary right of any party,
advertising, promotional materials, junk mail, spam, chain letters, pyramid
schemes, or any other form of solicitation, except where specifically
permitted;
... or material that contains software viruses
or any other computer code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware or
telecommunications equipment.
Additionally, you agree not to:
... impersonate any person or entity or falsely
state or otherwise misrepresent your affiliation with a person or entity;
... forge headers or otherwise manipulate
identifiers in order to disguise the origin of any material transmitted through
the Site;
... disrupt the normal flow of dialogue, cause
a screen to scroll faster than other users of the Site are able to type, or
otherwise act in a manner that negatively affects other users' ability to
engage in real-time exchanges;
... interfere with or disrupt the Site or
servers or networks connected to the Site, or disobey any requirements,
procedures, policies or regulations of networks connected to the Site;
... try to gain access to areas that are
private to Electronic Reader administrators
or to other Electronic Reader users;
... violate any applicable local, state,
national, or international law or any regulation having the force of law;
... stalk or otherwise harass another;
... harm minors in any way, including, without
limitation, to establish unlawful contact with minors (whether on or off the
Site);
... collect or harvest screen names; collect or
store personal data about other users of the Site; or solicit or attempt to
discover a user's password, screen name, or other registration information
without the user's express knowledge and consent;
... engage in or run raffles, lotteries,
contests or sweepstakes;
... promote or provide instructions of
information about how to engage in illegal conduct or commit illegal
activities, promote physical harm or injury, or promote any illegal act; or
... store any information or use any Web page
or directory you create for remote loading or as a door or signpost to another
Web page, whether inside or outside the Site.
You acknowledge that we do not prescreen
material posted or transmitted on the Site, but that we and our designees shall
have the right (but not the obligation) in our sole discretion to review and
edit, delete or refuse to post any material submitted for display or placed on
the Site, including but not limited to message board posts, profiles, and
member-to-member messages. Without limiting the foregoing, we and our designees
shall have the right to remove any material that violates this Agreement, that
we believe in good faith may create liability for us, or that we deem is
otherwise objectionable.
You acknowledge and agree that we may preserve
material and may disclose material if required to do so by law or in the good
faith belief that such preservation or disclosure is reasonably necessary to:
... comply with legal process;
... enforce this Agreement;
... respond to claims that any material
violates the right of third parties; or
... in our sole judgment, protect the rights,
property, or personal safety of Electronic
Reader, its users and the public.
Privacy
Our Privacy Policy states in full our policy regarding Member privacy; see
that document for more details.
Refunds
Our Refunds Policy states in full our policy regarding refunds of
membership fees, fees paid for services, and/or fees paid for products; see
that document for more details.
Public Areas
A Public Area ("Public Area") of the Site is any area where you
may submit material ("Submissions") for viewing by others or view
Submissions of other Electronic Reader users,
such as profiles, forums, or award programs. In some of these areas, a
Submission includes the name, ID, nickname, and/or other information that would
be displayed with the submitted material, as applicable. You agree to use
Public Areas in accordance with the Agreement and any policies for the Public
Areas that are displayed on the Site.
BY SUBMITTING MATERIAL TO A PUBLIC AREA, YOU
AGREE TO INDEMNIFY Electronic Reader AND
HOLD IT HARMLESS FROM ALL CLAIMS, INCLUDING, WITHOUT LIMITATION, CLAIMS FOR
LIBEL, SLANDER, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT OR OTHERWISE,
ARISING FROM SUCH SUBMISSION.
By making a Submission to any Public Area, you
automatically grant Electronic Reader the
royalty-free, perpetual, irrevocable, nonexclusive right and license to use,
reproduce, modify, adapt, publish, translate, publicly perform and display and
distribute the content of the Submission (in whole or in part) worldwide and/or
to incorporate it in other works in any form, media, or technology now known or
hereafter developed. You also permit any other user of the Electronic Reader Site to access, view, store, or reproduce the
Submission for that user's personal use.
Links
Our provision of a link to any other site or location is for your
convenience and does not signify our endorsement of such site or location of
its contents. Electronic Reader shall
not be responsible for any information, software, or links found at any other
World Wide Web site, Internet location, or source of information, for your use
of such information, or for e-commerce transactions conducted at or through any
linked site or location.
Disclaimer of Warranties
You expressly agree that your use of the site, including, without
limitation, any material and/or data developed by Electronic Reader or by third parties ("information
providers"), is at your sole risk. The site, and any content or materials
available through the site, are provided on an "as is" and "as
available" basis and without warranty of any kind, express, implied or
statutory. Electronic Reader and the
information providers hereby expressly disclaim all such warranties including,
without limitation, any implied warranties or merchantability, fitness for a
particular use or purpose, title, or non-infringement, or any warranty as to
results that may be obtained through the use of the site. Electronic Reader does not represent or warrant that the site will
function without interruption, that the site is in error- or defect-free, that
any such defects or errors will be corrected, or that the site and the
server(s) that make the site available are free of viruses or other harmful
components. No advice or information, whether oral or written, that you obtain
from Electronic Reader or otherwise
through your use of the site shall create any warranty on the part of Electronic Reader or the information
providers. Further, Electronic Reader
and the information providers do not warrant or represent that the use or the
results of the use of any content or materials made available through the site
or from third parties will be correct, accurate, timely, reliable or otherwise.
Limitations on Liability
In no event shall Electronic Reader,
the information providers or any other person or entity involved in creating or
distributing the site be liable for any direct, indirect, incidental, special
or consequential damages, however arising and under any theory of liability
(including, without limitation, tort, including negligence and strict
liability, breach of contract or breach of warranty), that result from your use
or inability to use the site, any changes to the site or this agreement,
unauthorized access to or alteration of your transmission of data, any material
or data sent or received or not sent or received, or any transactions entered
into through the site. Electronic Reader
is not responsible or liable for any threatening, defamatory, obscene, offensive
or illegal content or conduct of any other party or any infringement of
another's rights, including intellectual property rights. If you are
dissatisfied with the site or the services, content or materials available on
or through the site, your sole and exclusive remedy is to discontinue using the
site. The foregoing limitations on liability shall be applicable even if Electronic Reader or the applicable
third party knew or should have known of the possibility of such damages and
notwithstanding the failure of essential purpose of any limited remedy. Some
jurisdictions do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion may not apply to
you.
Allocation of Risk
You agree that the disclaimer of warranties, limitations on liability, and
indemnification provisions set forth in this agreement represent and agreed
upon allocation of risk between you and Electronic
Reader and form an essential part of the basis of their bargain, without
which Electronic Reader would not
enter into this agreement or provide the site.
Ownership of Materials
The contents of the Site, including without limitation text, software,
photos, graphics, and all other audiovisual elements are copyrighted by Electronic Reader as a collective work
under the United States
copyright laws. Except for material in the public domain, Electronic Reader and its licensors hold copyrights to all content
appearing on the Site. Electronic Reader
permits, without charge, the reproduction and distribution of Electronic Reader material contained on
the Site for non-commercial educational and personal uses; provided that such
materials remain unaltered and are accompanied by a clearly visible copy of any
copyright notice appearing on such materials and by the Site's URL (http://www.digitalreaderreviews.com).
The only exception to this is any Electronic
Reader Award graphic, link, text, criteria, rules, etc. We retrain and
reserve all rights to this information. Other reproduction, distribution,
retransmission, modification, public display, and public performance of such
materials is prohibited without the prior written consent of Electronic Reader. To obtain such
consent, please contact us.
Removal of Material for Which
Copyright Infringement is Claimed
Electronic Reader respects the
intellectual property rights of others. Pursuant to Title 17 U.S.C.512, as
amended by Title II of the Digital Millennium Copyright Act ("the
Act"), Electronic Reader has
implemented procedures for receiving written notification of claimed copyright
infringements and for processing such claims in accordance with the Act. If you
believe your copyrights are being infringed by a Member, please contact us. The
information requested by the Notice of Infringement Form substantively complies
with 17 U.S.C. 512(c)(3)(A), which provides:
... To be effective under this subsection, a
notification of claimed infringement must be a written communication provided
to the designated agent of a service provider that includes substantially the
following: A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
... Identification of the copyrighted work
claimed to have been infringed, or, if multiple copyrighted works at a single
online site are covered by a single notification, a representative list of such
works at that site.
... Identification of the material that is
claimed to be infringing or to be the subject of infringing activity and that
is to be removed or access to which is to be disabled, and information
reasonably sufficient to permit the service provider to locate the material.
... Information reasonably sufficient to permit
the service provider to contact the complaining party such as an address,
telephone number, and if available, electronic e-mail address at which the
complaining party may be contacted.
... A statement that the complaining party has
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.
... A statement that the information in the
notification is accurate, and under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
... Notification from a copyright owner or from
a person authorized to act on behalf of the copyright owner that fails to
comply substantially with the provisions above shall not be considered as providing
actual knowledge or an awareness of facts or circumstances from which
infringing activity is apparent.
Please provide a Notice of Infringement Form
information each time you wish to report alleged acts of infringement.
Please note that Electronic Reader will terminate in appropriate circumstances the
account of any Member who repeatedly posts infringing material on the Site.
Indemnification
You agree to hold harmless Electronic
Reader and its Information Providers and any other person or entity involved
in creating or distributing the Site, as well as each of their respective
affiliates and their respective directors, officers, employees and agents, from
and against any and all claims, liabilities, damages, losses, costs, fees
(including reasonable attorneys' fees) and expenses that such parties may incur
as a result of or arising out of your (or, in the case of Members, anyone using
your account's) use of, or conduct with respect to, the Site.
Modification of Agreement
You agree that Electronic Reader
may change the terms and conditions of this Agreement, unilaterally, and at any
time, by conspicuously posting notice of such change on the Site for a period
of five (5) consecutive days. Continued use of the Site after such notice will
constitute your acknowledgment and acceptance of the revised terms and
condition.
General
This Agreement contains the complete and final statement of the
understanding between you and Electronic
Reader with respect to, and supersedes any and all prior or contemporaneous
negotiations, agreements or communications, whether written or oral, between
you and Electronic Reader concerning, the subject matter of this
Agreement.
If any provision of this Agreement is rendered
by a court or governmental agency of competent jurisdiction to be invalid,
illegal, or unenforceable, such invalidity, illegality or unenforceability
shall not affect the remainder of this Agreement, which shall remain in full
force and effect and be enforced in accordance with its remaining terms.
The waiver by Electronic Reader of a breach or default of any of the provisions
of this Agreement by you shall not be construed as a waiver of any succeeding
breach of the same or other provisions; nor shall any delay or omission on the
part of Electronic Reader to exercise
or avail itself of any right, power or privilege that it has or may have
hereunder operate as a waiver of any breach or default by you.
You agree that, regardless of any statute or
law to the contrary, any claim or cause of action that you may have arising out
of or related to use of the Site or this Agreement must be filed within one (1)
year after such claim or cause of action arose or be forever barred. The
section titles in this Agreement are solely used for convenience and have no
legal or contractual significance.
All provisions of this Agreement that, by their
nature, survive termination of this Agreement will survive termination
including without limitation, the Site Rules, Public Areas, Links, Disclaimer
of Warranties, Limitations on Liability, Allocation of Risk, Ownership of
Materials, Indemnification, Choice of Law/Jurisdiction and Venue and General
sections of this Agreement.
