Terms of Service
Welcome to Choose Your Reader ("CYR"), an innovative service for children's eBooks. We created these Terms of Service ("Terms") to protect you and your precious stories. By accessing or using the services and products from Choose Your Reader, LLC ("we," "us," and "our"), you agree to these Terms.
CYR is for kids, but it starts with you, an adult ("you" and "your"). By registering for CYR you affirm that you are 18 years of age or the applicable age of majority. You also affirm that you are fully able and competent to enter into these Terms and to abide by and comply with them.
If you register and subscribe, you agree to: (a) provide accurate and current information as prompted by the registration form; (b) maintain and update such information so that it is accurate and current at all times; (c) not share your password or unique ID or let anyone else access your account other than in those situations permitted under these Terms, or do anything else that might jeopardize the security of your account; (d) not use a username with the intent to impersonate another person or in a manner that infringes another person's rights; (e) not use a username that is obscene or vulgar; and (f) immediately notify us of any unauthorized use of your password or any other breach of security related to CYR. WHEN YOU SHARE YOUR PASSWORD OR ALLOW A THIRD PARTY TO ACCESS YOUR CYR ACCOUNT, YOU AGREE TO REMAIN RESPONSIBLE FOR COMPLIANCE WITH THESE TERMS BY ANY SUCH THIRD PARTY. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD OR FOR ANY ACTIONS OCCURRING UNDER YOUR PASSWORD.
Your use of CYR is subject to all applicable policies which we may provide from time to time at www.ChooseYourReader.com/policy(hereinafter collectively referred to as "the Policies") and you agree to comply with the Policies. Right now, CYR is only intended for use by citizens of the United States and Canada and anyone who accesses or uses CYR from outside the United States or Canada does so at his/her own risk and is responsible for compliance with applicable local laws.
Although certain features and/or content of CYR may be available at no charge to any user, other features and/or content may be available only to those who pay for such features or content (each, a "Purchase"). Each Purchase may be described in more detail in other areas of the CYR. Any payment terms displayed to you in the process of a Purchase are deemed part of these Terms.
- Grant of a Limited License to Use CYR
We grant you a personal, revocable, non-exclusive, non-transferable, non-sublicensable, world-wide, license to access and use CYR solely for personal, non-commercial purposes as permitted by these Terms and intended by us through the normal functionality of CYR. This license to you will automatically terminate if you violate these Terms. Except for the foregoing limited license, no right, title, or interest is transferred to you. We may allow you to store encrypted and/or cached content on your tablet, smartphone or other compatible internet-connected device. You may not transfer copies of cached content to any other device except through CYR.
- User Conduct
Please help keep CYR as safe as possible for all users. By using CYR, it is your responsibility to know, understand, and abide by our rules of use. These rules are not meant to be exhaustive, and we reserve the right to determine what types of conduct we consider to be inappropriate use of CYR and to take such responsive measures as we see fit. Choose Your Reader reserves the right to add to or amend this list of rules at any time.
Accordingly, you agree not to use CYR to: (i) violate any local, state, national, or international law or regulation; (ii) post, email, transmit, upload or otherwise make available content of any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, graphically violent, invasive of another's privacy, hateful, or racially or ethnically discriminatory, or otherwise objectionable; (iii) transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; (iv) knowingly transmit any material that contains adware, malware, spyware, 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; (v) breach or circumvent any security or authentication measures (including geo-restriction measures); (vi) attempt to decompile or reverse engineer any software contained on CYR; (vii) remove any copyright, trademark, or other proprietary notations from any Content (as defined below) or User Submissions (as defined below) of other users; (viii) stalk, harass, or harm another individual; (ix) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (x) interfere with or disrupt CYR or servers or networks connected to CYR, or disobey any requirements, procedures, policies, or regulations of networks connected to CYR; or (xi) rent or lease your account. You also agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses CYR in a manner that sends more request messages to CYR servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser.
Sharing Feature. CYR enables users, at their election, to send Content via our Sharing Feature. You determine who will receive your Content, which we encourage. We assume no responsibility or liability for Content and information shared between you and any third party. Please note, once you share Content with a third party you lose the ability to control that Content. Accordingly, you hereby grant to any third party to whom you send Content the right to retain, use, and share such Content in perpetuity.
- Ownership; Restrictions On Use
All right, title, and interest in and to CYR are and will remain the exclusive property of Choose Your Reader, LLC and its licensors. All Content on CYR, including without limitation, books, text, software, graphics, photos, sounds, music, videos, User Submissions (as defined below), interactive features, and the like ("Content") and the "Choose Your Reader" word mark and design mark, as well as certain other of the names, logos, and materials displayed on or through CYR that constitute trademarks, tradenames, service marks or logos ("Marks") are owned by or licensed to Choose Your Reader, LLC and are subject to copyright, trademark, and other intellectual property rights under U.S. and international laws. By registering for CYR, you acknowledge and agree that CYR is for personal use only. You may not copy or otherwise duplicate information from CYR for any use whatsoever, except as authorized by these Terms or as otherwise authorized in writing by us or our applicable licensors. You also agree to view Content as made available through CYR only in geographic locations where we offer CYR and have licensed such Content. You must abide by all copyright notices, information, or restrictions contained in or associated with any Content.
- User Submissions
CYR is intended to provide functionality that enables you to record and share images and audio content (“User Submissions”) to third parties using CYR. Access to such functionality may be restricted to users above a certain age. You understand that such User Submissions may be accessible by the public and we do not guarantee any confidentiality for such User Submissions.
You retain limited ownership rights to your User Submissions. For all User Submissions, by making those User Submissions available to CYR, you grant us the limited rights to store and transmit such User Submissions, in whole or in part, in connection with CYR and our (and our successors’ and affiliates’) business, including without limitation for transmission to any party specified by you or any person accessing your CYR account using your login credentials. When you send your User Submission to a third party, you also grant such third party a non-exclusive license to view your User Submission through CYR, and to use, display, and perform such User Submission as permitted through the normal functionality of CYR and these Terms in perpetuity.
You may not submit User Submissions that are (i) defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, in each case whether or not such content is protected by law, or (ii) otherwise contrary to applicable local, national, and international laws and regulations.
You may not submit User Submissions that contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally authorized to submit such content and grant us the licenses described above. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the User Submissions and that the User Submissions conform to the terms described in this Section 6. You also agree not to enforce any moral rights, ancillary rights, or similar rights in or to the User Submissions against us or our licensees, distributors, agents, representatives, and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights. You understand and agree that you will be solely responsible for your User Submissions and the consequences of submitting and making available such User Submissions to CYR.
We have the right but not the obligation to monitor, screen, post, remove, modify, store, and review User Submissions submitted to CYR, at any time and for any reason, including to confirm that the User Submissions are consistent with these terms, without prior notice to you.
We do not endorse or guarantee the opinions, recommendations, or advice contained in any User Submission and we expressly disclaim any and all liability in connection with such content.
- Content Availability
CYR provides its users with access to books and other Content streamed through the Internet to certain devices. The availability of these books and other Content may change from time to time, and from geographic territory to territory, for a number of reasons (including publisher deals and available Internet bandwidth). As a result, we do not guarantee that any Content will be available or remain available on CYR for any period of time.
Mobile Networks. If you access CYR through a mobile network, your network or roaming provider’s messaging, data, and other rates and fees will apply. Downloading, installing, or using certain CYR features may be prohibited or restricted by your network provider and not all CYR features may work with your network provider or device.
Your right to use CYR automatically terminates if you violate these Terms or any rules or guidelines posted in connection with CYR. We reserve the right, in our sole and absolute discretion, to terminate your access to all or part of CYR, for any reason, with or without notice.
- Links or Third Party Applications/Devices
Links. For parents or educators, CYR may contain links to third party websites or interact with third party applications (including, without limitation, widgets, software, or other software utilities) that are not owned or controlled by us. Our provision of a link to any other website or third party application is for your convenience only and does not signify our endorsement of such other website or resource or its contents. WE WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, INFORMATION, SOFTWARE, MATERIALS OR PRACTICES OF ANY THIRD PARTY WEBSITE OR THIRD PARTY APPLICATION.
Devices. If you access CYR using an Apple iOS or Android-powered device, then Apple Inc. or Google, Inc., respectively, will be a third-party beneficiary to this agreement. However, these third-party beneficiaries are not a party to this contract and are not responsible for the provision or support of CYR. You agree that your access to CYR using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.
- Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF CYR IS AT YOUR SOLE RISK. CYR IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, CHOOSE YOUR READER, LLC AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO CYR (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). We make no warranties or representations about the accuracy or completeness of content available on or through CYR or the content of any websites linked to CYR and assume no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of CYR or the Content; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (iv) any interruption or cessation of transmission to or from CYR; (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through CYR by any third party; and/or (vi) for any loss or damage of any kind incurred as a result of the use of any Content made available on or through CYR.
- Limitation of Liability
YOU UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL CHOOSE YOUR READER, LLC OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE ELSE'S) USE OF CYR.
- Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Choose Your Reader, LLC may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
You agree to indemnify, defend, and hold harmless Choose Your Reader, LLC, its subsidiaries, affiliates, officers, directors, employees, consultants, co-branders, other partners, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees and costs) that such parties may incur as a result of or arising from (a) any information (including, without limitation, your User Submissions, feedback, or any other Content) you (or anyone using your account) submit, post, or transmit on or through CYR; (b) your (or anyone using your account's) use of CYR; (c) your (or anyone using your account's) violation of these Terms; or (d) your (or anyone using your account's) violation of any rights of any other person or entity, including, without limitation, any copyright, patent, trademark, trade secret, right of publicity/privacy, or other proprietary rights of any person or entity. Choose Your Reader, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Choose Your Reader, LLC in asserting any available defenses.
These Terms shall be construed and enforced in accordance with the laws of the State of Texas without regard to any choice of law or conflict of laws principles, regardless of where you live. You will resolve any claim, cause of action, or dispute you have with us arising from or relating to these Terms or CYR exclusively in a state or federal court located in Dallas County, Texas. You agree to submit to the personal jurisdiction of the courts located in Dallas County, Texas for the purpose of litigation of all such claims or causes of action. In exchange for your agreement to litigate all matters in state or federal court located in Dallas County, Texas, CYR hereby agrees to participate in non-binding, pre-litigation mediation of any dispute; provided, however, such mediation occur in Dallas County, Texas before a mutually agreeable licensed attorney certified by the State of Texas as a mediator.
By using CYR, you agree that any notice, agreements, disclosure, or other communications that we send to you electronically will satisfy any legal communications requirement (including that such communications must be in writing).
- Additional Terms for Apple iOS Applications
The following additional terms and conditions apply with respect to our applications designed for use on an Apple iOS-powered mobile device obtained by you from the iTunes Store ("iOS App"). You agree that these Terms are solely between you and us, not Apple, and that Apple has no responsibility for our iOS App, CYR, or any Content. You agree that your use of our iOS App will be subject to the Usage Rules in Apple's then-current App Store Terms of Service. The parties agree that Apple shall have no obligation to provide maintenance and support services with respect to our iOS App. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for our iOS App to you. To the maximum extent permitted by law, Apple will have no other warranty obligation with respect to our iOS App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to us as provider of CYR. You agree that we, and not Apple, are responsible for addressing any claims of you or any third party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that our iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to us as provider of CYR. You agree that, in the event of any third party claim that our iOS App or your possession and use of that iOS App infringes such third party's intellectual property rights, we, not Apple, will be responsible for the investigation, defense, settlement, and discharge of such claim. The parties agree that Apple and its subsidiaries are third party beneficiaries to the Terms applicable to your use of our iOS App. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms applicable to your use of our iOS App against you as a third party beneficiary thereof.
Entire Agreement. These Terms, together with any other rules or guidelines posted in connection with CYR constitute the entire and exclusive and final statement of the agreement between you and us with respect to CYR and supersedes any prior agreements, oral or written, between you and Choose Your Reader, LLC. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If for any reason any provision of these Terms is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of these Terms shall continue in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. The Terms outlined hereing which, by their nature, require them to survive termination of your use of CYR, as well as any other limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of CYR.
Assignment. These Terms are personal to you and are not assignable, transferable, or sublicensable by you except with our prior written consent. We may assign, transfer, or delegate our rights and obligations under these Terms without consent from you. Unless otherwise specified in these Terms, all notices must be in writing and will be treated as given on receipt, as verified by written automated receipt or by electronic logs (as applicable). The email address for notices being sent to Choose Your Reader, LLC is legal-notices@ChooseYourReader.com.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of CYR or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
We may provide you with notices, including those regarding changes to the Terms by email, regular mail, or postings on CYR; provided, however, that this Section places no requirements on Choose Your Reader, LLC not already expressly set forth herein.
- Modifications to Service
We may, in our sole and absolute discretion, change these Terms temporarily or permanently with or without notice. Your continued use of CYR constitutes your agreement to abide by the Terms as changed. If you object to any such changes, your sole recourse will be to stop using CYR. You agree that Choose Your Reader, LLC shall not be liable to you or any third party for any modification, suspension, or discontinuance of CYR.
- Our Proprietary Rights
All title, ownership, and intellectual property rights in and to CYR are owned by Choose Your Reader, LLC or its licensors. You acknowledge and agree that CYR contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Choose Your Reader, LLC, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on CYR, in whole or in part.
Please report any violations of the Terms to info@ChooseYourReader.com.
Apple, the Apple logo, and iPad are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc.
Last updated: July 31, 2018.