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.
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:
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.
IV.SUBSCRIPTION PURCHASES / PAID ACCESS
You agree to pay all fees and charges in effect when incurred. Fees and charges are non-refundable, except in the event of Early Termination permitted by an institutional License Agreement between Gleeditions LLC and the institutional party to the Agreement.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
