Sweet Readers, Inc. (“Sweet Readers,” “we,” “us” or “our”) has created a website at www.sweetreaders.org (the “Website” or “Site”) devoted to communicating with and educating the public regarding intergenerational connections, brain health and Alzheimer’s Disease (“AD”) and raising funds to support Sweet Readers’ activities and programs, as well as scientific research in the fields of aging, neurology and AD.
To assist you in using the Website, we have created (i) these Terms of Use (the “Terms”), and (ii) a Privacy Policy. Our Privacy Policy explains how we treat information that you provide to us through the Website, and our Terms govern your use of our Website and Content. Our Terms and Privacy Policy apply to anyone accessing our Website (collectively, “you”), including (a) casual visitors to our Website who do not sign up for an account on the Website (“Site Visitors”), (b) users who have registered with our Website and who have engaged with us to conduct Sweet Readers branded programming (“Program Users”), (c) users who have registered with our Website to participate in a Sweet Readers program (a “Program”) or who have coordinated with us to conduct fundraising and other educational activities on a more limited basis (“Community Users”), and (d) users who have registered with our Website and who desire to discuss or promote Sweet Readers’ programming and activities in the media (“Media Users”) (Program Users, Community Users, and Media Users together, “Registered Users”).
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE WEBSITE OR CONTENT. BY ACCESSING OR REGISTERING TO USE THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT ACCESS WEBSITE OR REGISTER TO USE THE WEBSITE OR CONTENT.
1. Your Agreement. These Terms govern: (i) your use of the Website; (ii) Registered Users’ receipt of, and participation in, Sweet Readers’ services offered through the Website, including those set out in Section 2 (Our Services; Overview) (collectively, the “Services”); (iii) Registered Users’ provision of content, including, but not limited to, Blog Posts or Photographs (collectively, “User Content”); and (iv) your use of information obtained through the Website, including Sweet Readers Materials (defined below), Sweet Readers Branding (defined below), and other information, software, artwork, text, video, audio, pictures, content, trademarks, trade dress and other intellectual property owned by Sweet Readers or our licensors and made available to you through the Website or Services (collectively, “Sweet Readers Content”). Please read these Terms carefully; they impose legal obligations on you and on Sweet Readers, and establish our legal relationship. By using the Services or accessing our Website, you are acknowledging that you have read and understood these Terms and agree to be legally bound by them.
While you can visit the Website and review a range of information about Sweet Readers, our Website and our Services without registering, to participate in the Services or obtain access to the Sweet Readers Content, we require that you become a Registered User. Registered Users are required to confirm their agreement to be bound by these Terms during the registration process (and from time to time as we may require) by clicking an “I Accept” button.
If you are agreeing to these Terms and our Privacy Policy on behalf of a company or other legal entity (your “Organization”), (i) you represent and warrant that you have authority to act on behalf of, and to bind your Organization and (ii) for all purposes in these Terms and the Privacy Policy, the term “you” means your Organization on whose behalf you are acting.
2. Our Services; Overview. The Website provides a venue to obtain information about communicating with and educating the public regarding intergenerational connections and Alzheimer’s Disease (“AD”) and raising funds to support Sweet Readers’ activities and programs as well as scientific research in the fields of aging, neurology and AD.
2.1. Program Users. As a Program User, you have an agreement with us pursuant to which you are permitted to conduct Sweet Readers Programs. You can log into the Website to obtain access to the Sweet Readers educational materials and curricula (“Sweet Readers Materials”) you need to conduct the Program.
2.2. Community Users. As a Community User, you can register to participate in a Sweet Readers’ Program, register to conduct a fundraising event or campaign to benefit Sweet Readers, or register to host a Sweet Readers Program in your community.
2.3. Media Users. As a Media User, you can obtain information and access to selected Sweet Readers logos and trademarks (“Sweet Readers Branding”) for use in published media stories about Sweet Readers and its Programs.
Each Registered User will only be granted access to the Website to the extent appropriate for his/her relationship with Sweet Readers, and only in accordance with Section 5.2 (Grant of Rights to Registered Users).
3. Obtaining a Password; Protecting Your Password.
3.1. Obtaining and Using a Password. Only Registered Users who have a valid password are authorized to access the password-protected areas of the Website. Registered Users must keep in mind that we will treat anyone who uses their user name and password as that user. We will provide this individual with all of the rights and privileges that we provide to that Registered User, and we will hold that Registered User responsible for the activities of a person using the Registered User’s password. We therefore recommend that Registered Users maintain their user name and password in confidence, and that they refrain from disclosing this information to anyone who might “pretend” to be that Registered User with respect to the Website and their participation in the Services. We also ask that Registered Users notify us immediately if they suspect that someone is using their user name and/or password in this or any other inappropriate manner.
4. Ownership; Reservation of Rights. The Website, Services, and associated Sweet Readers Content (including without limitation, the Sweet Readers Materials and Sweet Readers Branding) are the proprietary property of Sweet Readers and our licensors, and are protected by U.S. and international copyright and other intellectual property laws, or are used under the principles of fair use. Sweet Readers and our licensors retain all rights with respect to the Website, Services and Sweet Readers Content except those expressly granted to you in these Terms.
5. Grant of Rights.
5.1. Grant of Rights to Site Visitors. As a Site Visitor, subject to your compliance with these Terms, you are granted the right to access our Website solely for your personal, non-commercial use. You may not (i) access, view, modify or otherwise use any portion of our Website not made expressly accessible to you, or (ii) modify, copy, distribute or otherwise use the Website, Sweet Readers Content or Services without our express permission.
5.2. Grant of Rights to Program Users. As a Program User, subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, worldwide right to access, execute, display, perform, and otherwise use the Website, Sweet Readers Materials and Sweet Readers Content solely for your personal or your Organization’s internal use of the Services in conducting Programs, provided that you shall not: (i) license, sublicense, sell, resell, distribute or otherwise commercially exploit the Website, Sweet Readers Materials, Sweet Readers Content or Services to any third party (except as may be provided in any specific agreement you have entered into with Sweet Readers); (ii) modify or make derivative works based upon the Website, Sweet Readers Materials, Sweet Readers Content or Services; or (iii) reverse engineer, reverse compile, or access the Website or Services in order to build a competitive product or service. You may access and view certain password-protected areas of our Website for use solely in conjunction with the Services and as provided in these Terms, and you may not otherwise modify, copy, distribute, or otherwise use the Website, Sweet Readers Materials, Sweet Readers Content or Services.
5.3. Grant of Rights to Community and Media Users. As a Community User and/or Media User, subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, worldwide right to access, execute, display, perform, and otherwise use the Website and Sweet Readers Branding solely for use in connection with the purpose for which you requested and obtained permission from Sweet Readers in writing, provided that you shall not: (i) license, sublicense, sell, resell, distribute or otherwise commercially exploit the Website, Sweet Readers Branding, Sweet Readers Content or Services to any third party (except as may be permitted in writing by Sweet Readers); (ii) modify or make derivative works based upon the Website, Sweet Readers Branding, Sweet Readers Content or Services; or (iii) reverse engineer, reverse compile, or access the Website or Services in order to build a competitive product or service. You may access and view certain password-protected areas of our Website for use solely in conjunction with the Services and as provided in these Terms, and you may not otherwise modify, copy, distribute, or otherwise use the Website, Sweet Readers Branding, Sweet Readers Content or Services.
5.4. Duration of Rights for Registered Users. As a Registered User, you will continue to enjoy your rights under Section 5.2 (Grant of Rights to Program Users) and Section 5.3 (Grant of Rights to Community and Media Users) for as long as you are a Registered User, unless your password is revoked or suspended, as set out in Section 8 (Monitoring; Revocation or Suspension of Use Privileges).
6. Registered User Grant of Rights.
6.1. Grant of Rights to Sweet Readers in User Content. By submitting User Content for participation in our Services, whether by posting to our blog or otherwise submitting content for display on our Website, you grant Sweet Readers the right to use, copy, reformat, index, modify, display and distribute your User Content for the purposes of providing our Services. No compensation will be paid with respect to Sweet Readers’ use of your User Content.
6.2. Privacy and Your Content. Please choose carefully the photographs, videos and any other User Content you choose to upload and the comments or captions you associate with such User Content. When you make your Content freely available on the Website, you should use discretion in including any information that personally identifies you, such as your telephone number, street address, last name, email address, and any geographically recognizable videos, as that information is publicly displayed and is not Personal Information protected by our Privacy Policy.
6.3. Grant of Rights to other Users in User Content. By posting a Listing or Post, you agree to allow the Listing or Post, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Website / Services. Sweet Readers shall have the sole authority to choose the manner in which any User Content will be searched, displayed, accessed, downloaded, copied, and otherwise used on the Website and shall have the right to modify the User Content solely as necessary to its provision of the Website and Services in the exercise of its rights under these Terms.
6.4. Rights/Permissions You Must Have in Your Submitted Content. In submitting User Content, you represent and warrant (i) that you hold all rights needed to grant requisite rights under Section 6.1 (Grant of Rights to Sweet Readers in User Content), and Section 6.3 (Grant of Rights to other Users in User Content); (ii) that you own the copyright in all User Content subject to copyright protection (or have been given needed permissions by the copyright owner, or use the User Content under “fair use” principles); and (iii) that either (a) no consent by the persons depicted in your User Content is required, or (b) each person depicted in image, videos or identified in text in your User Content (if any), has provided you with consent (“Photo Subject Consent”) to use the User Content as set forth in these Terms. Sweet Readers does not validate User Content in any way but may, in its sole discretion but without any obligation to do so, remove User Content that is alleged to have been submitted in violation of these Terms. Sweet Readers may require additional evidence of compliance with this these Terms from users who are alleged to have submitted User Content or other information in violation of these Terms.
We ask for you to obtain Photo Subject Consent because (A) as the creator of the User Content, you are better able to identify who the subjects of your User Content are, whether Photo Subject Consent is necessary, who needs to provide the Photo Subject Consent, and obtain the requisite Photo Subject Consent; and (B) other business reasons, including without limitation the volume of User Content hosted by Sweet Readers, make it more feasible for the individual Users to obtain any requisite Photo Subject Consents.
6.5. Sweet Readers Assistance with Third Party Claims. To the extent that Sweet Readers is made aware of a third party claim related to User Content on the Website (a “Third Party Claim”), either by you or through a Photo Subject Take Down Request, to assist you in resolving the Third Party Claim, we will take down the User Content in question. However, we cannot assure that such take downs will resolve every dispute. If Third Party Claims are brought against Sweet Readers related to User Content uploaded or posted on the Sweet Readers Website by you, you agree to indemnify Sweet Readers pursuant to Section 14.
6.6. Right to Decline User Content. We expressly reserve the right to refuse to use, remove, or disable User Content (including listings) that we conclude, in our sole discretion, violates these Terms or our Privacy Policy, or is incompatible with the purposes of the Website and our Services.
6.7. Registered User Comments/Feedback. Our Website may allow Registered Users to provide comments or feedback regarding our Website and our Services. By providing comments/feedback, you grant us the right to use your comments and feedback for the purposes of improving the Website and our Services.
7. Code of Conduct. As a condition to your use of the Website and the Services, you agree to follow our Code of Conduct, set out below. Under this Code, you will not:
• Upload, email or otherwise transmit any images or other User Content that is unlawful, obscene, harmful, hateful, invades the privacy of any third party, contains nudity or pornography or is otherwise objectionable.
• Disseminate materials that impact or invade the privacy of others, such as photographs, video clips, sound recordings, personally identifiable information, or other materials that reveal personal, private or sensitive information about another person, without that person’s consent.
• Submit material that is intentionally false, defamatory, unlawfully threatening or unlawfully harassing.
• Infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. Electronic materials – such as music, videos, games, images and text in electronic form – can easily be copied, modified and sent over networks (such as the internet). These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement. These materials may not be transmitted over the Website without the copyright owner’s permission or without a legitimate “fair use” justification for the transmittal.
• Transmit materials that contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
• Use the Website to artificially generate traffic or page links to a website or for any other purpose not expressly allowed under these Terms.
• Use the Website in a manner that could disable, overburden or impair the Website or Services or interfere with any other party’s use and enjoyment of the Website and Services, such as through sending “spam.”
• Use the Website to test or reverse engineer the Website in order to find limitations, vulnerabilities or to evade filtering capabilities.
• Seek to obtain access to any materials or information through “hacking”, “data harvesting” or through other means we have not intentionally made available to you through the Website.
• Use the Website for any purpose that is unlawful or prohibited by these Terms. For example, you will not use the Website to violate any law, statute or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising).
8. Monitoring; Revocation or Suspension of Use Privileges. We reserve the right at any time to (i) monitor your use of the Website, and (ii) terminate or suspend your use of some or all of the Website or Services if you engage in activities that we conclude, in our discretion, breach our Code of Conduct or otherwise violate these Terms or our Privacy Policy. Although we have no – and assume no – obligation to monitor activities on the Website, please understand that we may employ filters designed to detect and block inappropriate content described in our Code of Conduct. We reserve the right to request edits to your submission, to refuse to post or to remove any information or materials, in whole or in part, that we believe, in our sole discretion, is incompatible with our Code of Conduct.
You should also understand that our Code of Conduct is based in many instances on principles of applicable law. Violations of our Code of Conduct accordingly may expose you to criminal charges, and civil liability to harmed parties for compensatory damages and attorney’s fees. Sweet Readers reserves the right at all times to disclose information it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, consistent with our Privacy Policy.
9. Links to Third-Party Sites. The Website may contain links or produce search results that reference links to third party websites (collectively, “Linked Sites”). Sweet Readers has no control over these Linked Sites or their content and does not assume responsibility or liability for any content, opinions or materials available on Linked Sites. Sweet Readers does not endorse the content of any Linked Site, nor does Sweet Readers warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other web-access device. By using the Website to search for or link to another site, you agree and understand that such use is at your own risk.
10. Photo Subject Take Down Requests. Similar to Linked Sites, Sweet Readers does not endorse any User Content submitted to the Website by any user, or any opinion, recommendation, or advice expressed therein, and Sweet Readers expressly disclaims any and all liability in connection with User Content. Due to the nature of User Content, images of third parties may be captured in public settings where it is not feasible for the videographer/photographer to obtain the consent of all subjects depicted in such User Content. Third parties who believe they are harmed by User Content uploaded or posted on the Sweet Readers Site (“Photo Subject Requesters”) may contact us (Section 21) and request that the particular User Content be taken down (“Take Down Request”). Take Down Requests must include enough information about the particular User Content in question for Sweet Readers to identify the User Content, including (i) the URL(s) at which the User Content is posted, (ii) all available detail regarding the Registered User who posted the User Content (to the extent that information is viewable), and (iii) the name/title of the User Content, if any. Sweet Readers will respond to reasonable Take Down Requests in its sole discretion.
TAKE DOWN OF THE USER CONTENT IN QUESTION SHALL BE THE SOLE REMEDY FOR PHOTO SUBJECT REQUESTERS.
11. User Disputes. Sweet Readers is not responsible for and is not liable for the User Content or conduct of Registered Users. You are solely responsible for your User Content, conduct, and interaction with other Registered Users, both online or offline. We have no obligation to become involved in disputes between Registered Users. If you have a dispute with one or more Registered Users, you release Sweet Readers (and our officers, directors, agents, employees, subsidiaries and affiliates) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
12. Warranty Disclaimer. SWEET READERS DOES NOT PROMISE THAT THE WEBSITE OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT YOU WILL OBTAIN SPECIFIC RESULTS FROM YOUR USE OF THE WEBSITE AND PARTICIPATION IN THE SERVICES OR YOUR USE OF ANY CONTENT, SEARCH OR LINK ON IT. THE WEBSITE, SERVICES AND CONTENT WITHIN, INCLUDING SWEET READERS MATERIALS AND BRANDING, ARE DELIVERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WHEN YOU ACCESS THE WEBSITE AND SERVICES, YOU DO SO AT YOUR OWN RISK. SWEET READERS DOES NOT REPRESENT OR WARRANT THAT MATERIALS YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES.
WHILE SWEET READERS MAY AUTHORIZE PROGRAM USERS TO CONDUCT PROGRAMS, SWEET READERS IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF ANY PROGRAM USERS AND SHALL NOT BE LIABLE FOR THE CONDUCT OF PROGRAM USERS. YOU EXPRESSLY AGREE THAT YOUR PARTICIPATION IN ANY PROGRAM CONDUCTED BY A PROGRAM USER IS AT YOUR SOLE RISK.
WHILE SWEET READERS MAY AUTHORIZE COMMUNITY USERS TO CONDUCT FUNDRAISING FOR SWEET READERS, SWEET READERS IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF ANY COMMUNITY USERS AND SHALL NOT BE LIABLE FOR THE CONDUCT OF COMMUNITY USERS. YOU EXPRESSLY AGREE THAT YOUR DECISION TO DONATE TO ANY FUNDRAISING ACTIVITY OR EVENT CONDUCTED BY A COMMUNITY USER IS AT YOUR SOLE RISK.
SWEET READERS EXPRESSLY DISCLAIMS: (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE WEBSITE; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE WEBSITE, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND RELATED SERVICES AND CONTENT IS AT YOUR SOLE RISK.
13. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL SWEET READERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE WEBSITE, SERVICES OR SWEET READERS CONTENT.
14. Indemnity. You agree to defend, indemnify and hold Sweet Readers and its subsidiaries, affiliates, officers, directors, agents and employees harmless from any liability to third parties, including reasonable attorneys’ fees, arising from or related to (i) your breach of these Terms; or (ii) a dispute between you and another user in connection with a listing.
15. Contact for Alleged Copyright Infringement. Sweet Readers respects the intellectual property rights of others and requires that its users do the same. If you believe that content on the Website or other activity taking place on the Website constitutes infringement of a work protected by copyright, please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”) to respond to such concerns, as follows: karen@sweetreaders.org
Your notice must comply with the DMCA. Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.
16. Modifications to these Terms. We may modify and change these Terms over time. We will not “retroactively” change these Terms, and any modifications we make shall take effect proactively, once you next access the Website. Please feel free to print out a copy of the current Terms for your records.
17. Assignment. These Terms shall not be assignable by you, either in whole or in part. Sweet Readers reserves the right to assign its rights and obligations under these Terms.
18. General. These Terms shall be governed in all respects by the laws of the State of New York without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in the state and federal courts in the State of New York, in the judicial district where Sweet Readers resides. The parties further agree that any cause of action arising under this Agreement shall exclusively be brought in such courts. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Sweet Readers’ failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This agreement and the terms and conditions contained herein set forth the entire understanding and agreement between Sweet Readers and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.
19.Survival. The following provisions shall survive the termination of these Terms and shall apply indefinitely: (i) Section 4 (Ownership; Reservation of Rights); (ii) Section 10 (User Disputes); (iv) Section 12 (Warranty Disclaimer); (v) Section 13 (Limitation of Liability); (vi) Section 14 (Indemnity); (vii) Section 17 (Assignment); (viii) Section 18 (General); and (ix) Section 19 (Survival).
20. Relationship to Privacy Policy. These Terms must be read in conjunction with our Privacy Policy. The provisions of our Privacy Policy are incorporated herein. To the extent these Terms conflict with the terms of our Privacy Policy, the terms of our Privacy Policy shall control.
21. Contact Us. If you have any questions about these Terms, the practices of this Website, or your dealings with Sweet Readers, please contact us at: webmaster@sweetreaders.org.
22. Effective Date. The effective date of these Terms is November 27, 2017.
23. Copyright and Legal Notice. Copyright © 2017 Sweet Readers, Inc. All Rights Reserved.
