TERMS OF USE
Overview
The Terms and Conditions of Use (the “Terms of Use”) listed in this document apply to all of the web sites and social media platforms of The Reading Institute (“TRI”), including without limitation https://www.readinginstitutenyc.org, and any blogs, Facebook, LinkedIN, Instagram, YouTube or TikTok pages, and any online interactive platforms operated by TRI. These sites will henceforth be referred to collectively as the “Site.”
The information provided on the Site is for general informational and educational purposes only. Please read and review the following Terms of Use carefully before accessing or using this Site. This Site and related services are provided subject to your compliance with the Terms of Use set forth hereunder. Your access and use of this Site constitute your acceptance of these terms and conditions as they appear at the time of your use.
If you do not agree to these Terms of Use for the Site, you may not use the Site. TRI may modify these terms and conditions at any time. Any modifications made to these terms and conditions will be effective immediately upon posting on the Site, as reflected in the date set forth above (the “Date of Last Revision”). Any such changes will become effective as of the Date of Last Revision. Your continued use of the Site thereafter constitutes your acceptance of the updated version of the Terms of Service.
You alone are responsible for your use of the Site.
TRI DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE, OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SITE. TRI DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS, OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES, MERCHANDISE OR OTHER MATERIAL PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY.
TRI cannot and does not guarantee that content posted on the Site will not be viewed by unauthorized third parties, and cannot control the actions of others (i.e. users, friends, fans, participants) who may either view or share information that has been posted.
TRI does not guarantee continuous, uninterrupted or secure access to the Site. Operation of the Site may be interfered with by numerous factors outside of the control of TRI.
TRI does not warrant or guarantee that files available for downloading through the Site will be free of infections or viruses, worms, Trojan horses or other code that contains contaminating or destructive properties. While we will make reasonable efforts to prevent such files from appearing on the web site and to remove any such files that do appear, we make no assurances and we explicitly disclaim any responsibility for any such files and for any damage or effects caused by such files by reason of access to the web site.
TRI cannot and does not guarantee or warrant against errors, omissions, delays, interruptions or losses, including loss of data. You are responsible for maintaining a means external to the web site for the reconstruction of any lost data.
TRI reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, or any part thereof, with or without notice.
Privacy
Accuracy and Integrity of Information
Although TRI attempts to ensure the integrity and accuracy of the site, it makes no guarantees as to the correctness or accuracy of the site or information posted on the site. It is possible that the site may include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the site by third parties. In the event that an inaccuracy arises, please inform TRI at info@readinginstitutenyc.org.
Your access and use of the Site bind you to the following agreements.
You agree that you will not:
- I • Post material that infringes on the rights of any third party, including protected health information, intellectual property, privacy or publicity rights;
- • Post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by TRI in its sole discretion;
- • Post advertisements or solicitations of business;
- • Post chain letters or pyramid schemes;
- Impersonate another person;
- • Allow any other person or entity to use your identification for posting or viewing comments; and
- • Post the same note more than once.
You agree that you will:
- • Indemnify TRI and any of its parent or subsidiary companies or organizations, and any of its successors, assigns, or licensees, together with any of its respective officers, directors and employees, against any damages, losses, liabilities, judgments, costs, or expenses (including reasonable attorneys’ fees and costs) arising out of a claim by a third party relating to your use of the Site or any breach or violation of these terms and conditions; your violation of any third party right, including without limitation any copyright, property, or privacy right; or any claim that you caused damage to a third party (this defense and indemnification obligation will survive this Agreement and your use of the Site);
- • Comply with all user responsibilities and obligations as stated in these terms and conditions; and
- • Comply with all user responsibilities and obligations of other social media websites and platforms, including their terms and conditions.
TRI reserves the right (but is not obligated) to do any or all of the following:
- Remove communications that are abusive, illegal or disruptive, or that otherwise fail to conform with these Terms of Use;
- Terminate your access to the web site upon any breach of these Terms of Use; and
- Edit or delete any communications posted on the Site, regardless of whether such communications violate these standards.
If you provide submissions on the Site, you agree to the following.
Any submissions to the Site may be reviewed before posting and edited in the sole discretion of TRI. Submissions may be reviewed infrequently and so no material of an urgent nature should be submitted. There is no guarantee or expectation of a personal response to any individual submission, regardless of the subject matter. Submission of material to the Site is no guarantee that all or any part of a message will be posted, which is in the sole discretion of TRI. TRI reserves the sole right to review, edit, and/or delete any comments it deems are inappropriate. You warrant that all submissions to the Site are your original work and are not taken from other sources without permission, and that they contain no defamatory, malicious or false content.
TRI is not responsible for any links to or from other sites.
The Site may contain links to other web sites and other web sites may provide links to the Site. These links are provided for your convenience only. TRI does not control these other web sites and assumes no liability or responsibility for them, including any content or services provided to you by such websites or links from other web sites to content on the Site that was provided to you. You should not consider any link to or from another web site as an endorsement of that web site by TRI unless TRI expressly states so.
If you link to the Site, your link, when activated by a user, may not trigger any interstitial or pop-up or pop-under windows. You may not frame the Site or modify or alter the content or manner of display of the Site. You may not link from any website or webpage containing material, that:
- Infringes or otherwise violates any copyright, trademark, patent, trade secret or other intellectual property right;
- Is libelous, defamatory or invasive of any right of publicity or privacy or other personal right;
- Is misleading or inaccurate or constitutes false or deceptive advertising;
- Is misleading or inaccurate or constitutes false or deceptive advertising;
- Is sexually explicit, indecent, harassing or otherwise objectionable at the sole discretion of TRI;
- Violates any applicable law, rule or regulation;
- Disparages or reflects negatively upon TRI.
Governing law.
This Agreement shall be construed and controlled by the laws of the State of New York. Any dispute arising under, relating to or in any way connected with this Agreement must first be submitted to non-binding mediation, unless the Parties agree in writing to waive such requirement. Mediation shall be conducted and administered by the American Arbitration Association in New York, New York. If a dispute remains unresolved at the conclusion of the mediation process or the parties stipulate in writing to waive mediation, either Party may submit the dispute to binding arbitration in accordance with the then-current Commercial Arbitration Rules and Expedited Procedures of the American Arbitration Association in New York, New York. Such arbitrator shall be a lawyer not employed by or associated with either Party to this Agreement and shall have substantive experience in matters similar to the subject matter of this Agreement. All mediation and arbitration proceedings shall be confidential and New York law shall apply. The parties agree that TRI is engaged in transactions involving interstate commerce and that, except as provided herein, the Federal Arbitration Act (the “FAA”) shall govern the interpretation, applicability, and enforcement of, and all arbitration proceedings pursuant to, this Agreement. To the extent that the FAA is inapplicable, New York’s arbitration laws shall apply. The parties agree to share the administration and mediator and/or arbitrator’s fees for the mediation and/or arbitration equally. For the avoidance of doubt, this Paragraph shall not obligate TRI to pay for your attorneys’ fees in the event of a dispute between the parties. Any reference in this Paragraph to TRI also refers to all subsidiary and affiliated entities, all benefit plans, sponsors and trustees of benefit plans, fiduciaries, administrators, officers, and directors. This provision is intended to provide the Parties with the exclusive forum for redressing grievances that arise under, relate to, or are in any way connected to this Agreement.
Your use of the Site may be terminated by TRI
If you violate these terms and conditions, your use of the Site will terminate. TRI may notify you of your breach of this agreement. TRI may, in its sole discretion, terminate your access to the Site, or any portion thereof, or discontinue providing the Site, or any portion thereof. These actions are in addition to and not in lieu or limitation of any other right or remedy TRI may have available at law. Further, TRI will not be liable to you or any third party for any such termination or discontinuance.
Copyright and trademarks belong to TRI
All text, graphics, and code used on the Site are covered by United States and international copyright laws. All Rights Reserved by TRI. The materials on the Site are copyrighted by TRI and/or by other applicable rights holders. You may download and reprint a single copy of the materials from the Site ONLY for your own personal, noncommercial use, provided you include all applicable notices and disclaimers. Any other use of the materials is strictly prohibited without the prior written permission of TRI and the permission of the applicable rights holder(s).
DMCA and Copyright Notifications:
We take copyright very seriously and respect the intellectual property rights of others. If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please contact us at info@readinginstitutenyc.org.
Miscellaneous provisions
TRI's failure to act with respect to a breach by you or others of these terms and conditions does not waive TRI's right to act with respect to subsequent or similar breaches. These terms and conditions set forth the entire understanding and agreement between TRI and any site user with respect to the Site.
CONTACT US
If you have any questions about these terms of use or the practices of the Site, please email us at info@readinginstitutenyc.org.