Terms of Use Agreement

Last updated:  December 18, 2023.

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Reading Racer Technology Foundation. (“we,” “us” and “our”) is pleased to make our site located at http://www.readingracer.com/(the “Site”) and the Reading Racer application (“App”) (the Site and App, collectively the “Service”) available to you.  This Service allows you to:  (a) use the Reading Racer game and other interactive features that we may make available from time to time; (b) create and submit content for the App; or (c) simply view this Service.  We prepared this Agreement (this “Agreement”) to help explain the terms that apply to your use of this Service.  Please read this Agreement carefully before using the Service.  You must read and agree to this Agreement before using the Services.  If you do not agree to the terms of this Agreement, you may not use the Services. 

  

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1.         Our Intellectual Property Rights.

All of the content on this Service, the trademarks, service marks, and logos contained on this Service (collectively, the “Materials”), are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.  The Service and Materials are for your information and personal use only and not for commercial exploitation.  We reserve all rights not expressly granted in and to this Service and the Materials.  If you download, print or otherwise copy the Materials for your own personal use, you must retain all trademark, copyright and other proprietary notices contained in and on the materials.  You agree that you will not circumvent, disable or otherwise interfere with security related features of this Service or features that prevent or restrict use or copying of any Materials or enforce limitations on use of this Service or the Materials on this Service.  You further agree not to access this Service by any means other than through the interface that we provide, unless otherwise specifically authorized by us in a separate written agreement. 

2.         Our Management of this Service/User Misconduct.

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2.1       Our Service Management.  We may, but are not required to:  (a) monitor or review this Service for violations of this Agreement and for compliance with our policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates this Agreement; (c) refuse, restrict access to or the availability of, or remove or disable (to the extent technologically feasible) any Contribution or any portion thereof (i) that may violate this Agreement, the law or any of our policies or are excessive in size or burdensome without prior notice to you or (ii) upon receipt of court order to do so; and (d) manage this Service in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of this Service.

 

2.2       Our Right to Terminate Users.  WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY DENY ACCESS TO AND USE OF THIS SERVICE TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.

 

2.3       Risk of Harm.  Please note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, including persons who may be acting under false pretenses.  Please choose carefully the information you post on this Service and that you give to other Service users.  You are discouraged from using your real name and image as your user name and avatar on the App.  You assume all risks associated with dealing with other users with whom you come in contact through this Service.  We expect that you will use caution and common sense when using this Service.

 

3.         Term and Survival. 

 

This Agreement shall remain in full force and effect while you use this Service. You may terminate your use or participation at any time, for any reason, by following the instructions here [insert link].  Upon termination of your Service account for any reason, we will close your account, and you will no longer be able to retrieve materials contained in the account.  Even after your use and participation is terminated, this Agreement will remain in effect, including sections: 1-3, 5-8, and 10-17.

 

4.          Modifications. 

 

The Internet and technology are rapidly changing.  Accordingly, we may modify this Agreement from time to time.  We will contact you if we do so, which is why it is important that you notify us immediately if your email address changes.  If you are a registered user, you will be asked to click to accept the new agreement the next time you log on to this Service in order to be able to use the interactive portions of this Service.  We will also put any revised versions of this Agreement on this Service with a notice advising of the change.  It is therefore important that you regularly check this Service for any announcements about revisions and keep your contact information current to ensure you are informed of any changes.

 

5.       Third Party Services. 

 

This Service may contain links to other websites (“Third Party Services”).  We do not own or operate the Third Party Services, and we have not reviewed, and cannot review, all of the material, including goods or services, made available through Third-Party Services.  The availability of these links on this Service does not represent, warrant or imply that we endorse any Third Party Services or any materials, opinions, goods or services available on them.  Third party materials accessed through or used by means of the Third Party Services may also be protected by copyright and other intellectual property laws. THIS AGREEMENT DOES NOT APPLY TO THIRD PARTY SERVICES.  BEFORE VISITING A THIRD PARTY SERVICE BY MEANS OF THIS SERVICE OR A LINK LOCATED ON THIS SERVICE, USERS SHOULD REVIEW THE THIRD PARTY SERVICE’S TERMS AND CONDITIONS, PRIVACY POLICY AND ALL OTHER SERVICE DOCUMENTS, AND INFORM THEMSELVES OF THE REGULATIONS, POLICIES AND PRACTICES OF THESE THIRD PARTY SERVICES.

6.       Disputes with Us, Choice of Law and Forum.

YOU AND WE AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN AN FRANCISCO COUNTY, CALIFORNIA.   YOU AND WE FURTHER AGREE THAT ANY DISPUTES SHALL BE RESOLVED UNDER THE SUBSTANTIVE LAW OF THE STATE OF CALIFORNIA (EXCLUSIVE OF ITS CHOICE OF LAW PROVISIONS).  THE CONVENTION FOR THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY. 

 

7.       Disclaimers.

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THE SERVICE, ALL CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS PROVIDED THROUGH SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND.  BY OPERATING THIS SERVICE, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS AVAILABLE ON OR LINKED TO BY THIS SERVICE, INCLUDING WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY SERVICES, OR THAT WE BELIEVE CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THIS SERVICE.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THIS SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.  YOU AGREE THAT YOUR USE OF THIS SERVICE AND SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THIS SERVICE AND YOUR USE THEREOF.

 

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THIS SERVICE'S CONTENT, THE CONTENT OF ANY SERVICE LINKED TO THIS SERVICE, CONTRIBUTIONS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THIS SERVICE OR LINKED TO BY THIS SERVICE.  WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE OR SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SERVICE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THIS SERVICE BY ANY THIRD PARTY, OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS SERVICE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

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8.       Limited Liability.

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THIS SERVICE, CONTRIBUTIONS, MATERIALS OR ANY OTHER CONTENT THEREIN.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $1,000.00

 

9.       Liquidated Damages.

 

You acknowledge and agree that spam is harmful to a Service, service or network and causes injury, including damage to reputation and goodwill, which is difficult to measure.  As a reasonable estimation of harm, you agree to pay us $50 for each unsolicited commercial email or other unsolicited commercial communication that you send from, to or through this Service. 

 

10.       Indemnity.

You agree to indemnify and hold us, our subsidiaries, affiliates, and licensors and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Service, Content or Materials in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. 

11.       Miscellaneous.

 

11.1     Entire Agreement.  This Agreement constitutes the entire agreement between you and us regarding the use of this Service and supersedes any prior or contemporaneous understandings and agreements between you and us related to the subject matter hereof. 

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11.2     Independent Contractors.  Nothing in this Agreement shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user. 

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11.3     No Third Party Beneficiaries.  This Agreement is between you and us.  There are no third-party beneficiaries to this Agreement.

 

11.4     Section Titles.  The section titles in this Agreement are for convenience only and have no legal or contractual effect.

 

11.5     Non-Waiver.  Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.

 

11.6     Severability.  This Agreement operates to the fullest extent permissible by law.  If any provision or part of a provision of this Agreement is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

 

11.7     Assignment.  You may not assign your rights under this Agreement to any third party; we may assign our rights under this Agreement without condition.