AnyOneCanRead ® Legal Information (Rev. 6/14/21)
We are pleased that our materials — both for all reading content provided by AnyOneCanRead ®, and for all reading content provided by the Core Knowledge Curriculum Series™, available on our website, are made available through a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License. Through the license, the user is free:
· To share: to copy, distribute, and transmit the work. For the purposes of this Agreement, “Work” means any photos, images, videos, graphics, written content, audio files, code, information, data, or other content uploaded, collected, generated, stored, displayed, distributed, transmitted, or exhibited on or in connection with your use of this Website.
· To remix: to adapt the work under the following conditions: You must attribute the work in the following manner: This work is based on an original work of either AnyOneCanRead ® or of the Core Knowledge ® Foundation made available through licensing under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License. This does not in any way imply that either AnyOneCanRead ® or the Core Knowledge Foundation endorses this work.
· You may not use this work for commercial purposes.
· If you alter, transform, or build upon this work, you may distribute the resulting work only under the same or similar license to this one, with the understanding that for reuse or distribution, you must make clear to others the license terms of this work. The best way to do that is with a link to this web page: https://creativecommons.org/licenses/by-nc-sa/4.0/
Note: AnyOneCanRead ®, Inc. has utilized its best efforts to assure that any reading content available on the AnyOneCanRead ® site is: 1) irrefutably in the public domain; 2) available for AnyOneCanRead ®‘s use via a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License; 3) provided to us, with permission to publish, by an author who AnyOneCanRead ® clearly attributes as the author of such reading content.
Who we are: AnyOneCanRead ®, Inc., a 501c3 Non-Profit Organization at website address: https://anyonecanread.com/
P.O. Box 7211
Louisville, KY 40257
TERMS AND CONDITIONS
1. Acceptance of Terms and Conditions. Welcome to AnyOneCanRead ® , Inc.’s website (“Website”). By accessing the Website, You agree to this Terms and Conditions Agreement (“Agreement”) as a binding agreement entered into by and between You and AnyOneCanRead ®, Inc. (“we” or “us”). The following terms, together with any additional website terms, and any other applicable policies (collectively “Terms”) govern Your access to our Website and services. The Terms apply to all users of the Website. By using our Website or services, You are agreeing to be bound by these Terms. If you do not want to agree to these Terms, you must not access or use the Website.
4. General Conditions. The Website and its content are intended for educational use only by individuals and not-for-profit organizations. You shall not make commercial use of the Website or its content. We reserve the right to refuse service to You or anyone, for any reason, at any time. You may not use the Website for any illegal or unauthorized purpose, nor may You, in the use of the Website, violate any laws in Your jurisdiction, including copyright laws. A breach or violation of any of the Terms may result, in our sole discretion, in an immediate termination of Your use of the Website, without refund or recourse of any kind.
· In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
· To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
· To impersonate or attempt to impersonate AnyOneCanRead ®, Inc, a AnyOneCanRead ®, Inc., employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
· To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm AnyOneCanRead ®, Inc., or users of the Website, or expose them to liability.
Additionally, you agree not to:
· Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
· Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
· Use any device, software, or routine that interferes with the proper working of the Website.
· Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
· Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
· Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
· Otherwise attempt to interfere with the proper working of the website.
5. Intellectual Property Laws. Much of the information and data that is part of the Website, including, without limitation, certain text, software, graphics, photos, illustrations, images (collectively, “Content”), are the sole and exclusive property of AnyOneCanRead ®, Inc. You are not granted any right, title, or interest, either express or implied, in or to any Content or any copyright, marks, patent, trade secret, right of publicity, or other intellectual property or proprietary right of AnyOneCanRead ®, Inc., or any of the goodwill associated with any of the foregoing, and all rights not expressly granted are reserved by AnyOneCanRead ®, Inc. We reserve the right to enforce our intellectual and proprietary rights to the fullest extent of the law against any unauthorized access to or use of this Website or the Content therein.
6. Use of Website Materials. AnyOneCanRead ®, Inc. is a corporation that is entirely based in the United States and exclusively follows United States copyright laws. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Not all items that are outside of Copyright protection, and therefore in the public domain in the United States, are available for use in other countries, and by making items available on the Website, we do not imply or represent that they are available for use in any particular country or countries. As a result, if You are operating outside of the United States, You should seek professional guidance regarding the lawfulness of actions under your country’s laws, such as accessing, copying, and redistributing content on this Website. If You access and use this Website outside the United States, You do so on your own initiative are responsible for complying with the local laws and regulations of Your jurisdiction.
7. DMCA. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, if you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, you may report any instance of alleged copyright infringements taking place on or through our Website by sending notice to [email protected] Any and all reports of alleged copyright infringements must include the following information:
1. Identification of the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
2. Identification of the material that you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Website or the exact location where such material may be found.
3. Your name, company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
4. Both of the following statements in the body of the notice:
a. “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
b. “I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
5. Your full legal name and your electronic or physical signature.
Upon receipt of notice as described above, we will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged content from our Website.
8. Availability and Use of Website. We shall not be liable to You if You cannot use this Website at any such time for any reason.
9. Warranty Disclaimer. All Content, services, products, and transactions are provided on an “as-is” and “as available” basis without any warranties of any kind. This Website may include inaccuracies, mistakes, or typographical errors. You acknowledge that Your use of this Website is at Your own risk. We do not warrant that the Content, including Your use of the Website, will be uninterrupted or error free, accurate, useful, complete, updated, error-free, or uninterrupted, that defects will be corrected, that the Website or its server are free of viruses or other harmful components, or that the Website will meet Your needs or expectations. AnyOneCanRead ®, Inc., cannot and does not guarantee your ability to obtain specific results with the ideas, information, tools, or strategies on this Website. Nothing on this page, any of our Website, any of our content, or otherwise in connection with the Website is a promise or guarantee of specific results. We disclaim any and all representations and warranties, express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, noninfringement, title, quiet enjoyment, data accuracy, data completeness, security, reliability, quality, availability, and system integration. We shall not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect Your computer or mobile device, computer programs, data, or other proprietary material, due to Your use of the Website, or any services or items obtained through the Website, or by downloading any material posted on the Website or on any site linked to the Website.
10. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANYONECANREAD ®, INC., ITS AFFILIATES, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS SHALL NOT BE LIABLE FOR PUNITIVE, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, INDIRECT, OR SPECIAL DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, REVENUES, BUSINESS, USE, DATA, OR OTHER INTANGIBLES, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE, AND EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR FROM ANY OTHER USER OF THE WEBSITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THE WEBSITE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11. Indemnity. You agree to indemnify, defend, and hold harmless us, our affiliates, and their respective officers, directors, shareholders, employees and agents, and all of their respective successors and assigns, from and against any and all claims, liabilities, losses, awards, judgments, settlements, costs, fees, expenses including reasonable attorneys’ fees and damages arising out of or relating to: (i) Your access or connection to, or use of this Website, (ii) Your violation of a third party’s intellectual property or other rights, (iii) any claims alleging facts that, if true, would constitute a breach by You of the terms and conditions of this Agreement, (iv) injury to persons (including death) or property, including loss or corruption of data caused by You. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with our defense of such claims.
12. Relationship Between the Parties. You acknowledge that no joint venture, partnership, employment, or agency relationship exists between You and AnyOneCanRead ® , Inc. as a result of this Agreement or any use of this Website or the Content therein. You agree not to hold Yourself out as a representative, agent, or employee of AnyOneCanRead ®, Inc., and AnyOneCanRead ®, Inc. shall not be liable for any representation, act, or omission by You to the contrary.
13. Assignment. You shall not assign or otherwise transfer this Agreement, or assign, delegate, or otherwise transfer any of Your rights, interests, or obligations under this Agreement, and any such assignment, delegation, or other transfer shall be void. This Agreement shall inure to the benefit of AnyOneCanRead ® , Inc.’s successors, assigns, and licensees.
14. Governing Law and Jurisdiction; Limit on Commencing Actions. This Agreement is governed by the laws of the Commonwealth of Kentucky, U.S.A., without regard to its conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the state and federal courts in the Commonwealth of Kentucky, U.S.A., in all disputes arising out of or relating to the use of this Site. You must commence any cause of action or claim against AnyOneCanRead ® , Inc. in the jurisdiction within one (1) year after the cause of action or claim arises; otherwise, You agree that Your cause of action or claim shall be barred.
15. Contact Information. Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website by e-mail to [email protected], or by regular mail to P.O. Box 7211, Louisville, KY, 40257.
16. Waiver; Severability; Integration. No waivers shall be implied, whether from any custom or course of dealing or any delay or failure in our exercise of our rights and remedies hereunder or otherwise. Any waiver granted by us shall not obligate us to grant any further, similar, or other waivers. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect. This Agreement represents the entire agreement between the parties, superseding any and all other prior or contemporaneous agreements, promises, or representations between them regarding the subject matter of this Agreement.
Reservation of Rights. We reserve any and all rights not expressly granted herein.