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Terms and Conditions
Gleeditions is an
informational website owned and operated by Gleeditions LLC.
Welcome to the Terms and Conditions policy of Gleeditions
(the Website).
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE
USING THIS WEBSITE. BY USING THIS WEBSITE, YOU ARE AGREEING
TO COMPLY WITH THESE TERMS AND CONDITIONS, WHICH MAY CHANGE
FROM TIME TO TIME, AS SET FORTH IN SECTION XII BELOW. YOUR
CONTINUED USE OF THE WEBSITE FOLLOWING THE POSTING OF ANY
CHANGES TO THE TERMS AND CONDITIONS CONSTITUTES ACCEPTANCE
OF THOSE CHANGES.
I. INTELLECTUAL PROPERTY
The Website and included content (and any derivative
works or enhancements of the same) including, but not
limited to all text, illustrations, files, images, software,
scripts, graphics, photos, sounds, music, videos,
information, content, materials, products, services, URLs,
technology, documentation, and interactive features
(collectively, the Website Content) and all intellectual
property rights to the same are owned by Gleeditions LLC,
our licensors, or both. Additionally, all trademarks, logos,
service marks, trade names and trade dress that may appear
on the Website are owned by us, our licensors, or both.
Except for the limited-use rights granted to you in these
Terms and Conditions, you shall not acquire any right, title
or interest in the Website or any Website Content. Any
rights not expressly granted in these Terms and Conditions
are expressly reserved. You shall keep intact any
proprietary notices, including copyright notices, contained
on any downloaded materials and shall comply with any
applicable end-user license agreements.
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II. WEBSITE ACCESS AND USE
A. Access to the Website including, without limitation, the Website Content is
provided for your information and personal, non-commercial
use only. When using the Website, you agree to comply with
all applicable federal, state, and local laws including,
without limitation, copyright law. Except as expressly
permitted in these Terms and Conditions, you may not use,
reproduce, distribute, create derivative works based upon,
publicly display, publicly perform, publish, transmit, or
otherwise exploit Website Content for any purpose whatsoever
without obtaining prior written consent from us or, in the
case of third-party content, its respective owner. In
certain instances, we may permit you to download or print Website Content or both. In such a case, you may download or
print (as applicable) one copy of Website Content for your
personal, non-commercial use only. You acknowledge that you
do not acquire any ownership rights by downloading or
printing Website Content.
B. Except as
expressly permitted in these Terms and Conditions, you may
not:
- Remove, alter, cover, or distort any copyright, logo,
trademark, or other proprietary rights notice on the Website or Website Content;
- Circumvent, disable or otherwise interfere with
security-related features of the Website, including, without
limitation, any features that prevent or restrict use or
copying of any content or enforce limitations on the use of
the Website or Website Content;
- Use an automatic device (such as a robot or spider) or
manual process to copy or scrape the Website or Website
Content for any purpose without the express written
permission of Gleeditions LLC.
- Collect or harvest any personally identifiable
information from the Website, including, without limitation,
user names, passwords, email addresses;
- Solicit other users to join or become members of any
commercial online service or other organization without our
prior written approval;
- Attempt to or interfere with the proper working of the Website or impair, overburden, or disable the same;
- Decompile, reverse engineer, or disassemble any portion
of any of the Website;
- Use network-monitoring software to determine architecture
of or extract usage data from the Website;
- Encourage conduct that violates any local, state or
federal law, either civil or criminal, or impersonate
another user, person, or entity (e.g., using another
person’s login information or user name and password to
access a Gleeditions e-text, etc.);
- Violate U.S. export laws, including, without limitation,
violations of the Export Administration Act and the Export
Administration Regulations administered by the Department of
Commerce; or
- Engage in any conduct that restricts or inhibits any
other user from using or enjoying the Website.
- You agree to cooperate fully with Gleeditions LLC to
investigate any suspected or actual activity that is in
breach of these Terms and Conditions.
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III. USER REGISTRATION
A. In order to access or use some features of the Website, you will have to become a registered user. If you
are under the age of thirteen, then you are not permitted to
register as a user or otherwise submit personal information
to this Website. Our policy is that we do not knowingly
collect, use, or disclose personally identifiable
information about visitors that are under thirteen years of
age.
B. If you become a registered user, you will
provide true, accurate and complete registration information
and, if such information changes, you will promptly update
the relevant registration information. During registration,
you will create an account (Membership), which may permit
you access to certain areas of the Website not available to
non-registered users. You are responsible for safeguarding
and maintaining the confidentiality of your Membership. You
are solely responsible for the activity that occurs under
your Membership, whether or not you have authorized the
activity. You agree to contact us immediately about any
known breach of security or unauthorized use of your Membership.
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IV.SUBSCRIPTION PURCHASES / PAID ACCESS
You agree to pay all fees and charges in effect when
incurred. Fees and charges are non-refundable. If you have
opted-in to auto-renewal of payments for access to Website e-text(s) and wish to cancel this feature, simply go to the Website and adjust your preferences in your Auto-renew Options. Or you can contact us. Cancellation of auto-renewal
takes effect at the end of your current subscription period
and does not result in a refund. While auto-renewal is in
effect, you agree to pay all billed amounts according to
your credit-card issuer's Terms and Conditions until you
cancel auto-renewal of your access to the Website e-text. The cancellation takes effect at the end of your current subscription period.
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V. USER CONTENT
A. As part of the Website, we may now or in the
future permit users to post, upload, transmit through, or
otherwise make available (collectively, submit) messages,
text, illustrations, files, images, graphics, photos,
comments, sounds, music, videos, information, content,
and/or other materials (User Content). Subject to the rights
and license you grant herein, you retain all right, title
and interest in your User Content. We do not guarantee any
confidentiality with respect to User Content, even if it is
not published on the Website. It is solely your
responsibility to monitor and protect any intellectual
property rights that you may have in your User Content, and
we do not accept any responsibility for the same.
B. You shall not submit any User Content protected by
copyright, trademark, patent, trade secret, moral right, or
other intellectual property, personal, contractual,
proprietary or other third-party right without the express
permission of the owner of the respective right. You are
solely liable for any damage resulting from your failure to
obtain such permission or for any other harm resulting from User Content that you submit.
C. You represent, warrant, and covenant that you will
not submit any User Content that:
- Violates or infringes in any way upon the rights of
others, including, but not limited to, any copyright,
trademark, patent, trade secret, moral right, or other
intellectual property, personal, contractual, proprietary or
other third-party right of any person or entity;
- Impersonates another or is unlawful, threatening,
abusive, libelous, defamatory, invasive of privacy or
publicity rights, vulgar, obscene, profane, pornographic,
lewd, lascivious, filthy, excessively violent, harassing, or
otherwise objectionable;
- Encourages conduct that would constitute a criminal
offense, give rise to civil liability, or otherwise violate
any law;
- Is an advertisement for goods or services or a
solicitation of funds;
- Includes personal information, such as messages that
identify phone numbers, social security numbers, account
numbers, addresses, or employer references;
- Contains a formula, instruction, or advice that could
cause harm or injury;
- Is a chain letter of any kind; or
- Constitutes content whereof the licensed use by us
hereunder would result in our having any obligation or
liability to any party.
ANY CONDUCT BY A USER THAT IN OUR SOLE DISCRETION RESTRICTS
OR INHIBITS ANY OTHER USER FROM USING OR ENJOYING THE
WEBSITE WILL NOT BE PERMITTED.
D. By submitting User Content to us, simultaneously with
such posting, you automatically grant, or warrant that the
owner has expressly granted, to us a worldwide,
royalty-free, perpetual, irrevocable, non-exclusive, fully
licensable, and transferable right and license to use,
record, sell, lease, reproduce, distribute, create
derivative works based upon (including, without limitation,
translations), publicly display, publicly perform, transmit,
publish and otherwise exploit the User Content (in whole or
in part) as we, in our sole discretion, deem appropriate,
including, without limitation (1) in connection with our
business; and (2) in connection with the businesses of our
successors, parents, subsidiaries, and their related
companies. We may exercise this grant in any format, media,
or technology now known or later developed for the full term
of any copyright that may exist in such User Content.
Furthermore, you also grant other users permission to access
your User Content and to use, record, sell, lease,
reproduce, distribute, create derivative works based upon,
publicly display, publicly perform, transmit, publish and
otherwise exploit your User Content for personal,
non-commercial use as permitted by the functionality of the Website and these Terms and Conditions. The granted rights
include the right to configure, host, index, cache,
digitize, compress, optimize, modify, edit, adapt, and
remove such content and combine the same with other
materials. Furthermore, we are free to use any ideas,
concepts, know-how, or techniques contained in any User
Content you submit without any remuneration or obligation to
you.
E. By submitting User Content, you grant us the right, but
not the obligation to use your biographical information
including, without limitation, your name and geographical
location in connection with broadcast, print, online, or
other use or publication of your User Content.
F. We reserve the right to display advertisements in
connection with your User Content and to use your User
Content for advertising and promotional purposes. You
acknowledge and agree that your User Content may be included
on the Website and advertising networks of our distribution
partners and third-party service providers (including their
downstream users).
G. We have the right, but not the obligation, to monitor User Content. Please exercise caution and common sense when
viewing User Content. We have no obligation to post,
maintain, or otherwise make use of User Content and do not
guarantee distribution of User Content. We will try to post User Content sent to us in section(s) of the site designated
for that purpose but cannot and do not promise to post every
submission. We have no obligation to return your User
Content or otherwise make it available to you, and you have
no right to maintain or access your User Content on the
Website. We may discontinue operation of the Website or your
use of the Website, in either case in whole or in part, in
our sole discretion.
H. The rights granted by you hereunder may not be
terminated, revoked or rescinded and are not subject to
reversion. If you become aware that User Content you have
submitted includes any material for which you lack the
unrestricted right to grant us the rights set forth above
without obligations or liability to any party, you agree to
promptly contact us in order to provide Gleeditions LLC with
detailed written notice thereof.
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VI. WEBSITE CONTENT RELIABILITY & LINKS FROM OR TO WEBSITE
A. We provide the Website including, without
limitation Website Content for educational, entertainment,
and promotional purposes only. You may not rely on any
information and opinions expressed on any of our Website for
any other purpose. While we are devoted to the highest
quality information, in all instances, it is your
responsibility to evaluate the accuracy, timeliness,
completeness, or usefulness of Website Content. Under no
circumstances will we be liable for any loss or damage
caused by your reliance on any Website Content. Gleeditions
LLC furthermore reserves the right to make changes and
improvements in the Website Content at any time without
notice.
B. In some instances, Website Content may include
content posted by a third party or will represent the
opinions and judgments of a third party. We do not endorse
or warrant and are not responsible for the accuracy,
timeliness, completeness, or reliability of any opinion,
advice, or statement made on the Website by anyone other
than an authorized Gleeditions employee, agent, or
spokesperson while acting in his/her official capacity.
C. The Website may now or in the future contain links
to other websites maintained by third parties. We do not
operate or control, in any respect, or necessarily endorse
the content found on these third-party websites. You assume
sole responsibility for your use of third-party links. We
are not responsible for any content posted on third-party
websites or liable to you for any loss or damage of any sort
incurred as a result of your dealings with any third party
or their website.
D. Upon your acceptance of and agreement to these
terms, Gleeditions LLC hereby grants you a non-exclusive,
limited license, revocable at our discretion, for you to
link to the Website home page from any site you own or
control that is not commercially competitive with the Website and does not criticize or otherwise injure the Website, so long as the site where the link resides, and all
other locations to which such site links, comply with all
applicable laws and do not in any way abuse, defame, stalk,
threaten or violate the rights of privacy, publicity,
intellectual property or other legal rights of others or, in
any way, post, publish, distribute, disseminate or
facilitate any inappropriate, infringing, defamatory,
profane, indecent, obscene or illegal/unlawful information,
topic, name or other material or that violates the spirit of
our mission. Such a link is not an endorsement of such other site(s) by us. All of our rights and remedies are expressly
reserved.
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VII. INDEMNIFICATION
You agree to indemnify and hold harmless Gleeditions LLC,
and its employees, spokespersons, agents, distribution
partners, affiliates, subsidiaries, and their related
companies from and against any and all claims, liabilities,
losses, damages, obligations, costs and expenses (including
reasonable attorneys’ fees and costs) arising out of,
related to, or that may arise in connection with: (i) your
access to or use of the Website; (ii) User Content provided
by you or through use of your Membership; (iii) any actual
or alleged violation or breach by you of these Terms and
Conditions; (iv) any actual or alleged breach of any
representation, warranty, or covenant that you have made to
us; or (v) your acts or omissions. You agree to cooperate
fully with us in the defense of any claim that is the
subject of your obligations hereunder.
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VIII. DISCLAIMERS
You expressly agree that use of the Website is at your sole
risk. The Website and Website Content are provided on an "as
is" and "as available" basis without warranty of any kind,
either express or implied. While Gleeditions LLC is devoted
to providing the highest quality information, it disclaims
any and all warranties. including any (1) warranties that
the Website will meet your requirements; (2) warranties
concerning the availability accuracy, security, usefulness,
timeliness or informational content of the Website or Website Content; (3) warranties of title, non-infringement,
merchantability, or fitness for a particular purpose; (4)
warranties for services or goods received through or
advertised on our website or accessed through the Website;
(5) warranties concerning the accuracy or reliability of the
results that may be obtained from the use of the Website;
(6) warranties that your use of the Website will be secure
or uninterrupted; and (7) warranties that errors in the
software will be corrected.
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IX. LIMITATION ON LIABILITY
A. Under no circumstances shall Gleeditions LLC, or
any employees, spokespersons, agents, distribution partners,
affiliates, and subsidiaries it may have, be liable for
indirect, incidental, special, consequential, or exemplary
damages arising out of, relating to, or in any way connected
with the Website or these Terms and Conditions. Your sole
remedy for dissatisfaction with the Website, including,
without limitation, the Website Content, is to stop using
the Website. Such limitation shall also apply with respect
to damages incurred by reason of services or products
received through or advertised in connection with any of the Website or any links on the Website, as well as by reason of
any information or advice received through or advertised in
connection with any of the Website or any links on the Website. Such limitation shall also apply with respect to
damages incurred by reason of any content posted by a third
party or any conduct of a third party on the Website.
B. Notwithstanding anything to the contrary contained
herein, in no event shall the cumulative liability of
Gleeditions LLC and its employees, agents, distribution
partners, affiliates, subsidiaries, and their related
companies exceed the greater of the total payments received
from you by Gleeditions LLC during the preceding twelve (12)
month period or $100.
C. In some jurisdictions limitations of liability are
not permitted. In such jurisdictions, some of the foregoing
limitations may not apply to you. These limitations shall
apply to the fullest extent permitted by law.
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X. TERMINATION / CANCELLATION
A. We reserve the right in our sole discretion and at
any time to terminate or suspend your Membership and/or
block your access to the Website for any reason including,
without limitation, if you have failed to comply with the
letter and spirit of these Terms and Conditions. You agree
that Gleeditions LLC shall not be liable to you or any third
party for any termination or suspension of your Membership or for blocking your access to the Website.
B. You may contact us to terminate your Membership at
any time. Should you terminate your Membership, Gleeditions
LLC is under no obligation to refund any payment you may
have made to Gleeditions LLC.
C. Any suspension or termination shall not affect
your obligations to us under these Terms and Conditions. The
provisions of these Terms and Conditions that by their
nature should survive the suspension or termination of your Membership shall survive, including, but not limited to, the
rights and licenses that you have granted hereunder, as well
as indemnities, releases, disclaimers, limitations on
liability, and provisions related to choice of law,
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XI. CHOICE OF LAW
These Terms and Conditions shall be construed in accordance
with the laws of the State of California without regard to
its conflict of laws rules. Each party to these terms
submits to the exclusive jurisdiction of the state and
federal courts sitting in the County of Los Angeles and
waives any jurisdiction, venue, or inconvenient forum
objections to such courts.
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XII. AMENDMENT; ADDITIONAL TERMS
A. We reserve the right in our sole discretion and at
any time and for any reason, to modify or discontinue any
aspect or feature of the Website or to modify these Terms
and Conditions. In addition, we reserve the right to provide
you with operating rules or Additional Terms that may govern
your use of the Website generally, unique parts of the Website, or both (Additional Terms). Any Additional Terms that we may provide to you will be incorporated by reference
into these Terms and Conditions. To the extent any Additional Terms conflict with these Terms and Conditions,
the Additional Terms will apply.
B. Modifications to these Terms and Conditions or Additional Terms will be effective immediately upon posting
in these Terms and Conditions on the Website. It is your
responsibility to review these Terms and Conditions from
time to time for any changes or Additional Terms. Your
access and use of any the Website following any modification
of these Terms and Conditions or the provision of Additional
Terms will signify your assent to and acceptance of the
same. If you object to any subsequent revision to the Terms
and Conditions or to any Additional Terms, you may terminate
your Membership as provided in Section X herein or, if you
do not have a Membership, your only recourse is to
immediately discontinue use of the Website.
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XIII. MISCELLANEOUS
A. Any delay or failure on our part to exercise or
enforce any rights to which we may be entitled under these
Terms and Conditions shall not, in any event, be construed
as a waiver of the right and privilege to do so at any
subsequent time. You irrevocably agree that you waive any
and all rights to injunctive or other equitable relief. The
section headings used herein are for convenience only and
shall not be given any legal import. If any provision of
these Terms and Conditions is held to be invalid or
unenforceable, the invalidity of such provision shall not
affect the validity of the remaining provisions of the Terms
and Conditions, which shall remain in full force and effect.
B. These Terms and Conditions (including any Additional Terms incorporated by reference and the Privacy
Policy of Gleeditions LLC) constitute the entire agreement
of the parties with respect to the subject matter hereof,
and supersede all previous written or oral agreements
between us with respect to such subject matter.
C. You may not assign these Terms and Conditions or
assign any rights or delegate any obligations hereunder, in
whole or in part, without our prior written consent. Any
such purported assignment or delegation by you without the
appropriate prior written consent will be null and void and
of no force and effect.
D. If you have any questions, comments, or concerns
regarding these Terms and Conditions, please contact us.
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