The following document describes the terms under which 4x4 Studios, LLC, offers you access to the content, features and services provided in the Let’s Read app, at letsreadapp.com, and other services it may make available from time to time (collectively the "Service").
YOU MAY USE THE SERVICE IF YOU ARE AT LEAST 13 YEARS OF AGE. HOWEVER, IF YOU ARE UNDER THE AGE OF EIGHTEEN (18) OR NOT ABLE TO ENTER INTO LEGAL AGREEMENTS UNDER APPLICABLE LAW, YOU MUST HAVE A PARENT OR LEGAL GUARDIAN CAREFULLY READ AND AGREE TO THE TERMS ON YOUR BEHALF.
REGISTRATION AND SUBSCRIPTION
Subscription information and any related fees, which are specifically described elsewhere in the Service, are part of the Terms. We reserve the right to adjust our fee structure at any time in the future.
If you register and subscribe to the Service, 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) make all required payments in a timely manner; (d) 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; (e) not use a username with the intent to impersonate another person or in a manner that infringes another person's rights; (f) not use a username that is obscene or vulgar; and (g) immediately notify us of any unauthorized use of your password or any other breach of security related to the Service. Without limiting any other provision of this Agreement, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of our Service (or any portion thereof). You agree not to assign, transfer or sublicense your rights as a registered user of the Service. 4x4 STUDIOS 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.
Permitted Uses. 4x4 Studios grants you a non-exclusive, non-transferable, limited license ("License") to access the Service and use its content as expressly permitted in the Terms of your subscription. Under this License, you are permitted to access, view, download and use the Service and the material provided by the Service solely for your personal, noncommercial use, provided that you comply fully with the provisions of the Terms.
Subject to the Terms, you may create and upload original works to the Service ("Your Content"). You agree that Your Content will not be defamatory, obscene, vulgar, violent harassing, threatening, bigoted, hateful, 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.
Mobile Networks. If you access the Service through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain Service features may be prohibited or restricted by your network provider and not all Service features may work with your network provider or device.
Copyright Infringement. You agree that you will not use the Service to infringe upon or misappropriate the intellectual property rights, including without limitation the copyrights, of any party. WITHOUT LIMITING THE PRECEDING SENTENCE, YOU AGREE THAT YOU WILL NOT USE THE SERVICE TO CREATE ANY STORIES OR OTHER MATERIALS BASED ON OTHER PARTIES’ COPYRIGHTED WORKS OR UPLOAD ANY SUCH WORKS TO THE SERVICE UNLESS YOU HAVE OBTAINED ALL NECESSARY RIGHTS AND LICENSES FROM THE COPYRIGHT OWNERS. YOU ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO DETERMINE WHICH RIGHTS ARE NECESSARY. You agree to indemnify, defend and hold harmless 4x4 Studios, its affiliates, suppliers, and each of its and their employees, officers, directors, successors, licensees, assigns, and advisors (collectively the "Company Parties") from and against any and all claims, damages, demands, or liabilities, including but not limited to attorneys’ fees and costs arising out of any claim that your information, and any other content of any kind that you create using the Service or upload in any way infringes upon or misappropriates, violates, or infringes any party’s personal or proprietary rights of any kind.
Interference and Unauthorized Access. You agree that you will not: (a) attempt to circumvent user authentication or the security of any 4x4 Studios account; (b) use any robot, spider, other automatic device, or manual process to monitor or copy 4x4 Studios’ content contained in the Service; (c) use any device, software or routine to interfere or attempt to interfere with the proper working of the Service; or (d) take any action that imposes an unreasonable or disproportionately large load on 4x4 Studios’ infrastructure, including without limitation "denial of service attacks."
If you in any way violate any system or interfere with network security you may incur criminal or civil liability. 4x4 Studios will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
The Service contains copyrighted material, trademarks, service marks and other proprietary information, which may include without limitation text, software, photographs, video, graphics, images, music and sound (collectively "Proprietary Material"). You agree not to copy, reproduce, modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material, except that you may copy Proprietary Material for your personal, non-commercial use.
COPYRIGHT INFRINGEMENT CLAIMS PROCEDURE
If you believe that your work has been copied in a way that constitutes copyright infringement, please forward to 4x4 Studios the information described in its Copyright Infringement Policy in accordance with the procedures described in the policy.
LINKED/THIRD PARTY SITES
If you access the Service using an Apple iOS or Android-powered device, then Apple Inc. or Google, Inc., respectively, will be a third-party beneficiary to the Terms. However, these third-party beneficiaries are not a party to these Terms and are not responsible for the provision or support of the Service. You agree that your access to the Service 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
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND 4x4 STUDIOS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
4x4 STUDIOS DOES NOT WARRANT OR GUARANTEE THAT (1) THE SERVICE IS COMPATIBLE WITH ANY SOFTWARE, OR MOBILE DEVICE, INCLUDING WITHOUT LIMITATION INTERNET BROWSER SOFTWARE; (2) THE SERVICE WILL BE FREE OF INFECTION BY VIRUSES, MALWARE, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; (3) ALL CONTENT WILL BE ACCURATE, COMPLETE OR UP TO DATE; OR (4) THE FUNCTIONS OR SERVICES 4x4 STUDIOS PERFORMS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
Some states do not allow the disclaimer of implied warranties, so some or all of the above disclaimers may not apply to you.
LIMITATION OF LIABILITY
Regardless of the form of action (whether in contract, tort, breach of warranty or otherwise), and except as otherwise expressly provided herein, IN NO EVENT WILL COMPANY PARTIES BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER WITH RESPECT TO YOUR USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, THE COMPANY PARTIES WILL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE, AND IN NO EVENT WILL THE DAMAGES OR LIABILITY EXCEED US$500. Some states do not allow the exclusion or limitation of incidental or consequential damages under certain circumstances and the above exclusion or limitation may not apply.
GENERAL TERMS AND CONDITIONS
Termination. Without limiting other remedies, 4x4 Studios may without liability and at its sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to the Service if: (a) you breach the Terms or any of the documents they incorporate by reference; (b) 4x4 Studios is unable to verify or authenticate any information you provide to it; or (c) 4x4 Studios believes that your actions may cause legal liability to any person or entity.
Indemnity. You agree to indemnify and hold each Company Party harmless from any claim or demand, and any damages, costs, or expenses arising in connection with such claim or demand, including reasonable attorneys’ fees and costs, made by any other party due to or arising out of your breach of the Terms or the documents they incorporate by reference, or your violation of any law or the rights of another party.
Legal Compliance. You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Service.
Governing Law; Venue. This Agreement and its validity, construction and performance will be governed in all respects by the laws, and in the state and federal courts of the State of Georgia, without regard to its choice of law provisions. You irrevocably agree to accept the exclusive personal jurisdiction and waive any objections to the venue, of such courts.
Changes and Cancellation. 4x4 Studios may at any time, without notice or liability, change or eliminate the Service or the content contained therein, or restrict use of any portion of the Service, including limiting the time of its availability, the amount of use permitted, or the persons who are permitted to use it. 4x4 Studios may at any time, in its sole discretion, cancel or suspend the Service for any reason, including without limitation the existence of viruses, bugs, or other causes beyond its control that corrupt the administration, security or proper function of the Service.
Reservation of Rights. 4x4 Studios reserves the right to refuse access to the Service for any reason.
Amendment. 4x4 Studios may amend this Agreement at any time by posting the amended terms on the Service, which will become effective immediately when posted. By continuing to use the Service after 4x4 Studios posts any amendment, you agree to be bound by the amendment. The Terms may not be amended other than by an authorized officer of 4x4 Studios.
General. The Terms contain the entire understanding of the parties relating their subject matter and supersedes any prior written or oral agreement or understandings between the parties with respect to their subject matter. The provisions of the Terms are to be interpreted in a reasonable manner to effect the purpose of the parties, and this agreement is not to be interpreted or construed against 4x4 Studios because it participated in the drafting of the Terms. The invalidity or unenforceability of any provision of the Terms will not affect the validity or enforceability of any other provision. 4x4 Studios may assign or transfer the Terms, in whole or in part, to any party without notice. All terms and conditions of the Terms which by their nature are meant to survive the termination of the Terms will survive termination.
BY ACCEPTING THE TERMS, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ THE TERMS CAREFULLY, THAT YOU HAD THE OPPORTUNITY TO HAVE THE TERMS REVIEWED BY LEGAL COUNSEL AND THAT YOU ARE AT LEAST 18 YEARS OLD, AND YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, OR THAT YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR AT LEAST 13 YEARS OF AGE, AND APPROVE OF AND HAVE THE LEGAL AUTHORITY TO EXECUTE THIS AGREEMENT.