Terms and Conditions
Readability LLC (“Readability”) owns and operates the Internet site located at http://readability.bonfireapp.com. By accessing, browsing and/or using the pages in this Site, you agree to these terms and conditions (“Terms and Conditions”). This agreement contains disclaimers and other provisions that limit our liability to you. If you do not agree to these Terms and Conditions, do not access, browse or use this Site.
You are prohibited from transmitting any “sensitive” personally identifiable information over the Site, which may include, but not be limited to, any information about yourself or another person that may relate to health or medical conditions, social security numbers or national identifiers, credit card, bank account or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious or philosophical beliefs, racial or ethnic origin, or other sensitive matters (“Sensitive Personal Information”). You are also prohibited:
- from using the Site to send or post harassing, abusive, or threatening messages;
- transmit through the Web Site any information, data, text, files, links, software, or other materials that Readability considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, hateful, racially, ethnically or otherwise objectionable or which threatens our relationships with our partners, customers or suppliers;
- from attempting to conceal or misrepresent the identity of the sender or person submitting the information;
- disrupting the normal flow of the Site, including any dialogue on the Site or otherwise act in a manner that negatively affects other participants;
- from sending spam or other direct marketing communications or posting, transmitting or linking to any unsolicited advertising, promotional materials, or any other forms of solicitation or commercial content;
- intentionally or unintentionally performing or promoting any activity that would violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Site;
- posting or transmitting executable programming of any kind, including viruses, spyware, trojan horses, easter eggs, or any other form of computer programming;
- posting Submissions or using the Site in such a way that damages the image or rights of Readability, other Users or third parties; and
- from creating any frames at any other Sites pertaining to any portions of this Site.
You give Readability a non-exclusive, free, worldwide license for the duration of the applicable author's rights, to publish your remarks, ideas, graphics, photographs or other information communicated to Readability through this Site (together, the "Submission"). In addition to the right to publish, Readability is also granted under said license the following rights, without limitation:
- the right to reproduce;
- the right to transfer, which includes the distribution via computer and networks;
- the right to edit, modify, adapt, arrange, improve, correct, translate, in all or in part;
- the right to update/upgrade by adding or removing; and
- the right to film, perform or post the Submission in any media.
You are responsible for the content of the Submission and agree to defend (at Readability option and at your sole expense), indemnify and hold Readability harmless from any damages, losses, costs, or expenses, including attorneys' fees, which Readability may incur as a result of your Submission. If you are viewing this Site on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off this Site and the computer system you are using to prevent unauthorized Submissions. Readability retains the right to review, edit or delete from this Site any Submission which Readability in its sole discretion considers illegal, offensive or otherwise inappropriate.
Due to the volume of responses, it is not possible for us to respond to or publish every Submission made to the Site. By making a Submission to the Site, you hereby represent and warrant that:
- you either own or control all of the rights to the content submitted;
- you have obtained permission from the owner of the content to submit the information; and
Submission of Ideas
The submission of your Idea to Readability is entirely voluntary, non-confidential, gratuitous and non-committal. You grant to Readability and its designees a perpetual, irrevocable, non-exclusive fully-paid up and royalty-free license to use any ideas, expression of ideas or other materials you submit (collectively, “Idea”) to Readability without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party. The license shall include, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license the Idea, and all rights therein, in the name of Readability, or its designees throughout the universe in perpetuity in any and all media now or hereafter known. You understand that Readability may be working on the same or a similar Idea, that it may already know of such Idea from other sources, that it may simply wish to develop this (or a similar Idea) on its own or it may have taken/will take some other action. In return for Readability review and consideration of your Idea, you acknowledge that you have read, understand and agree to the terms enumerated below, and further agree that these terms shall apply to any additional material previously or later submitted, until such time as Readability otherwise agrees in writing:
- To the best of your knowledge, the Idea represents your own original work, you have all necessary rights to disclose the Idea to Readability and in doing so or Readability review and/or use of the Idea, will not infringe upon any other individual's or entity's whose rights.
- You understand that disclosure of your Idea to Readability does not establish a confidential relationship or obligate Readability to treat the Idea (or any related materials) as secret or confidential.
- You understand that Readability has no obligation, either express or implied, to develop or use your idea and that no compensation is due to you or anyone else for any inadvertent or intentional use of that Idea, related Ideas or Ideas derived from your Idea. You understand that Readability assumes no obligation with respect to any Idea unless and until Readability enters into a written contract with you, and then only as expressed in that contract. For your own protection, we assume that you will rely on whatever patent protection you may want to secure, or have already secured, in your idea. In the absence of a separate formal contract, your rights shall be limited to those existing under the patent laws of the United States.
- If your Idea is the subject of a pending or issued patent, you have disclosed or will disclose that fact to Readability. To the extent you hold a patent in the Idea, Readability acknowledges that no license under any patent is herein granted to Readability. Any license to use a patented Idea shall be in the form of a written contract, in which event Readability obligations shall be only those expressed in such contract.
- Readability will give your Idea such consideration as is warranted by its sole judgment. Readability review of your Idea shall not be construed as any recognition of the novelty or originality of the Idea. Readability is not obligated to give reasons for rejecting your Idea or to reveal Readability activities that are related to the subject matter of the submitted Idea.
- Neither the discussion or negotiations between Readability and you relating to the possible purchase or license of the Idea, nor the making of any offer for the purchase or license of the Idea, shall prejudice Readability in any way, or be construed as recognition of the novelty, originality, priority, other rights or value of the submitted Idea. Further, Readability consideration or its discussions or negotiations with you will not in any way impair Readability right to contest the validity or infringement of your rights.
- You acknowledge and declare that (a) you have read and fully understand these terms and appreciate the nature, extent and consequences of this Agreement, (b) the submission of my Idea to Readability is entirely voluntary, and (c) Readability, directly or indirectly, may (i) be working on the same Idea or a similar Idea to the Idea, or (ii) already know of such Idea from other sources, or (iii) simply wish to develop this Idea or as similar to the Idea on its own.
- You agree that, except to the extent that these terms are superseded by a separate agreement in writing by you and Readability, you hereby irrevocably release and forever discharge Readability and its affiliates and subsidiaries from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against Readability and its affiliates and subsidiaries or their respecting successors and assigns with respect to the Idea, including without limitation in respect of how Readability and its affiliates and subsidiaries, directly or indirectly, use the Idea, with the sole exception in respect of the foregoing release and discharge being your right to bring a claim of patent infringement.
To the maximum extent permitted by applicable law, Readability, any other party (whether or not involved in creating, producing, maintaining or delivering the Site) and the officers, directors, employees, shareholders or agents of Readability exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damage or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damage arising from or connected in any way to business interruption and whether in tort (including without limitation negligence, contract or otherwise) in connection with the Site in any way or in connection with the use, inability to use, or the results of use of the site, any websites linked to the Site, or the material on such websites, including but not limited to loss or damage due to viruses that affect your computer equipment, software, data or other property on account of your access to, use of or browsing the Site or your downloading of any material from the Site or any website linked to the Site.
Nothing in these Terms and Conditions shall exclude or limit Readability liability for (i) fraud; willful misconduct or gross negligence; (ii) death or personal injury caused by its negligence; or (iii) any liability which cannot be excluded or limited by law.
Access to and use of this Site and these Terms and Conditions are governed by U. S. federal law and/or the laws of the State of New York, U.S.A.
Readability can revise these Terms and Conditions at any time by modifying or updating this posting, except where other notice or consent is required by law. Your use of this Site on or after the effective date of any such modification or update will constitute your acceptance of these Terms and Conditions as modified and/or updated.