Skybrary Terms of Use
Welcome to the website located at www.skybrary.org (the “Website”) owned, operated and controlled by RRKidz, Inc. (collectively “RRKidz,” “our”, or “us”). RRKidz offers a subscription-based service (the “Service”), which provides users with access to interactive digital versions of kids’ books through our downloadable application (the “App”). The terms “you,” “your,” and “yours” refer to anyone accessing, viewing, browsing, visiting or using the Website, the Service and/or the App. IMPORTANT – PLEASE READ CAREFULLY: THESE TERMS OF USE ALONG WITH ANY POLICIES, AS DEFINED BELOW AND INCORPORATED HEREIN BY REFERENCE, (COLLECTIVELY THE “TERMS”) ARE A LEGALLY BINDING AGREEMENT BETWEEN RRKIDZ AND YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND SETS FORTH THE TERMS AND CONDITIONS ON WHICH YOU MAY ACCESS AND USE THE WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT ACCESS OR USE THE WEBSITE. IN ADDITION, WHEN USING PARTICULAR FEATURES OF THE SERVICE PROVIDED THROUGH THE WEBSITE, YOU MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO SUCH FEATURES. ALL SUCH TERMS AND CONDITIONS ARE HEREBY INCORPORATED BY REFERENCE INTO THE AGREEMENT.
YOUR ACCEPTANCE
By opening, accessing, downloading browsing or otherwise using, in any way, the Website including, any service or feature on the Website, you consent to, and are bound by, these Terms. In order to use the Website, you must be 18 years of age or over, or of the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the Website only in conjunction with, and under the supervision of, your parent or guardian who has agreed to these Terms on your behalf.
POLICIES
Your use of the Website is subject to all applicable technical and non-technical specifications, guidelines and policies which RRKidz may provide from time to time including but not limited to the Privacy Policy located at www.skybrary.org/privacy (hereinafter collectively referred to as “the Policies”) you agree and undertake to comply with the Policies.
MODIFICATIONS
RRKidz may modify the Terms from time to time, in its sole discretion, or may modify, suspend or discontinue, temporarily or permanently, the Website or any part or feature thereof, with or without notice, and without liability to you. Modifications to these Terms, including, but not limited to, any Policies, will be posted on the relevant area of the Website and will be effective immediately upon posting. you agree to review the Terms from time to time to ensure you are updated as to any modifications. By continuing to use the Website following any such modifications, you accept and agree to be bound by such modifications. IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF THE WEBSITE.
ACCOUNT SET-UP
You are not required to register in order to access the Website. In order to use the Service dashboard provided through the Website, you will have to register and create a unique, password-protected account for which your e-mail address will serve as your user name (“Account”). You are responsible for maintaining the confidentiality of your password and also for any actions under your password and Account, whether authorized by you or not.
OWNERSHIP
You acknowledge and agree that the Website uses and contains proprietary and confidential technology and information owned by, or licensed to, RRKidz and protected by applicable intellectual property and other laws and international treaties. All information, data, text, software, music, sounds, images, photographs, graphics, videos, web-casts, messages, tags, or other materials that are available on, or through, the Website (the “RRKidz Content”) displayed on or through the Website is copyrighted by RRKidz and its licensors under United States and international copyright laws. The RRKidz Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of RRKidz. You must abide by all copyright notices, information, or restrictions contained in or attached to any RRKidz Content. RRKidz and the RRKidz logo, as well as certain other of the words and logos displayed on the Website, constitute trademarks, trade names, or service marks (“Marks”) of RRKidz or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with RRKidz or those other entities.
YOUR PERMISSION
Subject to your acceptance and compliance with the Terms, RRKidz hereby grants you permission to access and use the Website, provided that you shall not (and not allow third party to): (i) modify, adapt, translate, or reverse engineer any portion of the Website; (ii) remove any copyright, trademark or other proprietary rights notices contained in or on the Website or in or on any content or other material obtained via the Website; (iii) use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Website; (iv) access, retrieve or index any portion of the Website for purposes of constructing or populating a searchable database of business reviews; (v) reformat or frame any portion of the web pages that are part of the Website; (vi) create user accounts by automated means or under false or fraudulent pretenses; (vii) create or transmit unwanted electronic communications such as “spam” to other users or members of the Website or otherwise interfere with other users’ or members’ enjoyment of the Website; (viii) transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; (ix) use the Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material, including any material that may be deemed threatening or obscene; (x) copy or store any RRKidz Content offered on the Website for other than your own personal, non-commercial use (except as expressly licensed as part of the RRKidz Service under the RRKidz Service Agreement); (xi) use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website; (xii) take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure; (xiii) use the Website intentionally or unintentionally, to violate any applicable local, state, national or international law; or (xiv) collect or store personal data about other users in connection with the prohibited activities described in this paragraph.
DISCLAIMERS OF WARRANTIES THE WEBSITE INCLUDING ALL FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT WE MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE SERVICE, INCLUDING ANY FEATURES THEREOF, WITHOUT COMPENSATION OR NOTICE TO YOU. WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE OR THAT YOUR USE OF THE WEBSITE WILL BE FREE FROM INTERRUPTION, LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION AND WE DISCLAIM ANY LIABILITY WITH RESPECT THERETO. WITHOUT LIMITING THE FOREGOING, WE AND OUR LICENSORS ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY OF THE FOLLOWING: (I) CONTENT CONTAINED ON OR DEFECTS WITH WEBSITE; (II) ERRORS OR OMISSIONS IN THE WEBSITE; (III) ANY FAILURE OR INTERRUPTION IN THE AVAILABILITY OF THE WEBSITE; (IV) DELIVERY AND OR DISPLAY OF ANY CONTENT CONTAINED IN THE WEBSITE; AND (VII) ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE WEBSITE.
LIMITATION OF LIABILITY
You understand and agree that your use of the Website is at your own discretion and risk and that you will be solely responsible for any damages that arise from such use including, without limitation, for loss of data and or any type of malfunction to your computer.
IN NO EVENT SHALL WE, OUR LICENSORS OR ANY OF OUR OR THEIR SHAREHOLDERS, DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEBSITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE WEBSITE (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE MONTH’S SUBSCRIPTION FEES YOU PAY FOR THE SERVICE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
INFORMATION SUBJECT TO PRIVACY POLICY
We do not collect any personally identifiable information through the Website. However, to serve our users better, we may request you to provide us non-personally identifiable information (like the first name, gender and interests) of your children who will be using the App. All information collected through the App shall be subject to our privacy practices set forth in our current privacy policy available at www.skybrary.org/privacy (the “Privacy Policy”), which is incorporated by this reference.
INDEMNIFICATION
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless us, our licensors, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of these Terms; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive termination of your subscription.
THIRD PARTY CONTENT
The Website may provide links to third-party websites or resources and contain third-party advertisements. RRKidz has no control over such websites and resources and you acknowledge and agree that RRKidz is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that RRKidz 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 the use of or inability to use (i) any sites or resources that Website provides links to or that provide links to the Website, or (ii) any content, goods, or services available on or through any such sites or resources. Neither RRKidz takes any responsibility for third party advertisements which are posted on the Website nor does it take any responsibility for the goods or services provided by its advertisers. Your dealings with, or participation in promotions of, any third-party advertisers or other third-party providers of goods or services found on or through the Website and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third-party advertiser or provider.
TERMINATION
We reserve the right to terminate or restrict your use of the Website, without notice, for any or no reason whatsoever. GENERAL These Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Products is excluded and does not apply to these Terms. If any dispute relating in any way to these Terms or the policies or your use of the Website shall be submitted to confidential arbitration in Los Angeles County, California, USA, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California, USA and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any portion of these Terms is found to be unenforceable, such portion will be modified to reflect the parties’ intention and only to the extent necessary to make it enforceable, and the remaining provisions of these Terms will remain in full force and effect. These Terms constitute the entire and exclusive understanding and agreement between you and us regarding this subject matter, and supersedes any and all prior or contemporaneous agreements or understandings, written and oral.
SUBMISSION
Our company policy does not allow us (RR Kidz, Inc., its principals, employees, and representatives) to accept or consider unsolicited ideas, suggestions, proposals, or materials whether or not related to our current business or the business of any individual involved or affiliated with us (“Submissions”). Submissions will be discarded without being read or considered. We may, in our sole discretion, return the Submission to its sender. [RR Kidz, Inc. its sole discretion may elect to accept materials from reputable agents and lawyers, pursuant to a written approval process]. This policy is intended to avoid any potential misunderstanding, such as may arise if your Submission or elements of your Submission seems similar or identical to the work of RR Kidz, Inc. (many works and submissions are based on the same or similar ideas). Any Submission received by us will be governed by the terms of this Policy, regardless of anything contained within or attached to the Submission (such as cover letters which state that the Submission is subject to confidential treatment). If we receive any Submission, then you automatically will be deemed to have agreed (i) the Submission is not confidential or proprietary, and we have no duty of confidentiality, (ii) we are not liable for any use, disclosure, or distribution of the Submission and any of its elements, (iii) neither the submitting party nor any third party have any claim against us or any third party in any way related to the Submission, (iv) we have no duty to return the Submission nor to acknowledge receipt; and (v) we are entitled to use the Submission for any purpose, and to own all such uses, without compensation, credit, or any other acknowledgement whatsoever to the submitting person/entity nor to any any person or entity.
BILLING POLICIES
Your membership fee is paid once your free trial period ends, on the first day of the billing cycle for your subscription period, and automatically renews for the same length subscription period unless and until you either turn off the "auto renew" function or until you cancel your subscription. We automatically bill your designated payment method on or after the first day of each new subscription period. Subscription fees are fully earned upon payment. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED OR UNUSED SUBSCRIPTIONS. You may cancel your subscription at any time, provided however that if you cancel during a subscription period for which you were billed or had paid, then following any cancellation, your subscription will continue through the end of your current subscription period. In our sole discretion and for any reason we may provide a credit or other benefit to certain of our subscribers, without obligation to any other subscriber(s) or in any other instance(s). If a payment is not successfully remitted, due to insufficient funds, or otherwise, you remain responsible for any uncollected amounts and authorize us to undertake such collection methods as are lawful, including without limitation continuing to attempt to bill to the authorized payment method.
QUESTIONS AND COMMENTS
If you have any questions, comments or claims relating to these Terms, the Website and/or the Service, you may contact us at the following addresses:
Mailing:
Reading Is Fundamental
750 First Street, NE
Suite 920
Washington, DC 20002
Email:
skybrary@rif.org