Readability User Terms of Service

These Terms of Service ("Terms") govern your access to and use of the services and Readability's websites and iOS applications (the "Readability Service"). Your access to and use of the Readability Service is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Readability Service you agree to be bound by these Terms.

You may use the Readability Service only if you can form a binding contract with Readability and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may use the Readability Service only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

Readability Rights

All right, title, and interest in and to the Readability Service are and will remain the exclusive property of Readability and its licensors. The Readability Service are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Readability name or any of the Readability trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Readability, or the Readability Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Use of the Readability Service

We reserve the right at all times (but will not have an obligation) to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Readability, its users and the public.

Except as permitted through the Readability Service (or these Terms), you have to use the Readability API if you want to reproduce, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use Readability Service.

You may not do any of the following while accessing or using the Readability Service: (i) access, tamper with, or use non-public areas of the Readability Service, Readability's computer systems, or the technical delivery systems of Readability's providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Readability Service by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Readability (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Readability (NOTE: crawling the Readability Service is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Readability Service without the prior consent of Readability is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Readability Service to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Readability Service, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Readability Service.

Cancellation & Termination

You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the “Cancel my Account” link in &ldaquo;My Account».

Readability, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Readability Service, for any reason at any time. Such termination of the Readability Service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your Account. Readability reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Readability Service and Prices

Readability reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Readability Service (or any part thereof) with or without notice.

Prices of the Readability Service, including but not limited to monthly subscription plan fees to the Readability Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Readability Service Site (readability.com) or the Service itself.

Readability shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Readability Service.

Information Sharing & Disclosure

We may share or disclose your information with your consent, such as when you use a third party web client to access your Readability account.

In the event that Readability is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction. The promises in this agreement will apply to your information as transferred to the new entity.

We may share or disclose your non-private, aggregated or otherwise non-personal information.

We may disclose your information if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect Readability's rights or property.

Passwords

You are responsible for safeguarding the password that you use to access the Readability Service and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Readability cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. The Readability Service are Available "AS-IS"

Your access to and use of the Readability Service is at your own risk. You understand and agree that the Readability Service is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, READABILITY AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Readability Service or any content thereon. Readability will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Readability Service. You also agree that Readability has no responsibility or liability for the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Readability Service. We make no warranty that the Readability Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Readability or through the Readability Service, will create any warranty not expressly made herein.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, READABILITY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, COPYRIGHT, TRADEMARK, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT READABILITY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Indemnity

You will indemnify and hold Readability, its directors, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of your access or use of the Readability Service, the violation of this Agreement by you, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity, including but not limited to claims of copyright or trademark infringement.

Waiver and Severability

The failure of Readability to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of New York without regard to or application of its conflict of law provisions or your state or country of residence.

Entire Agreement

These Terms are the entire and exclusive agreement between Readability and you regarding the Readability Service (excluding any services for which you have a separate agreement with Readability that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Readability and you regarding the Readability Service. Other than members of the group of companies of which Readability is the parent, no other person or company will be third party beneficiaries to the Terms.

We may revise these Terms from time to time. By continuing to access or use the Readability Service after those revisions become effective, you agree to be bound by the revised Terms.

Trademark

The Readability name and the red couch logo are trademarks of Readability LLC.

Contact

Readability™, LLC is located at 747 3rd Ave, New York, NY, 10017, 30th Floor, phone number 347-635-4120. If you have any questions about this agreement, feel free to contact us at contact@readability.com

1. All use of the Readability APIs and content, documentation, code, saved or parsed articles and related materials made available to you on or through Readability ("Readability Content") is subject to and must comply with these terms and the Readability Terms of Use.

2. You may use the Readability APIs and Readability Content in connection with the products or services you provide (your "Service") to search, display, analyze, retrieve, view, and submit information to or on Readability. You may use the Readability name or logos and other brand elements that Readability makes available in order to identify the source of Readability Content ("Readability Marks") subject to these Terms.

3. Your use of the Readability APIs and Readability Content are subject to certain limitations on access, calls, and use of the Readability APIs as otherwise provided to you by Readability. If Readability reasonably believes that you have attempted to exceed or circumvent the rate limits, your ability to use the Readability APIs and Readability Content may be temporarily or permanently blocked. Readability may monitor your use of the Readability APIs to improve the Readability service and to ensure your compliance with these Terms.

4. Unless otherwise expressly permitted by Readability, you will not attempt or encourage others to:

   • (a) sell, rent, lease, sublicense, redistribute, or syndicate the Readability APIs or Readability Content to any third party for such party to develop additional products or services without prior written approval from Readability;

   • (b) remove or alter any proprietary notices or marks on the Readability APIs or Readability Content;

   • (c) use or access the Readability APIs for purposes of monitoring the availability, performance, or functionality of any of Readability's products and services or for any other benchmarking or competitive purposes; or

   • (d) use Readability Marks as part of the name of your company or Service, or in any product, service, or logos created by you. You may not use Readability Marks in a manner that creates a sense of endorsement, sponsorship, or false association with Readability. All use of Readability Marks, and all goodwill arising out of such use, will inure to Readability's benefit.

   • (e) extract content, either individually or en masse, for the purpose of republishing, emailing or transmitting such content on the Web including but not limited to the purpose of misappropriating such content or in any way displaying such content as your own.

   • (f) Extract content for the purpose of publicly republishing it on the web.

   • (g) take any action that imposes or may impose (as determined by Company in its sole discretion) an unreasonable or disproportionately large load on Readability's (or its third party providers') infrastructure;

   • (h) interfere or attempt to interfere with the proper working of the Readability Service or any activities conducted on the Readability Service;

   • (i) bypass any measures Readability may use to prevent or restrict access to the Readability Service (or other accounts, computer systems or networks connected to the Service);

   • (j) run Maillist, Listserv, any form of auto-responder or "spam" on the Service;

   • (k) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Readability Service;

   • (l) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Readability Service, except to the limited extent applicable laws specifically prohibit such restriction;

   • (m) modify, translate, or otherwise create derivative works of any part of the Readability Service;

   • (n) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;

   • (o) make requests for content conversion en masse or as part of a batch or or automated process and not originating from a particular individual user's request for the purpose of displaying a reading view.

5. You may terminate any license in these Terms at any time by ceasing your access to the Readability APIs and use of any Readability Content, and deleting all copies of the Readability APIs and Readability Content as described below. Readability may immediately suspend your access to the Readability APIs or any Readability Content (or if necessary, terminate this agreement with you) at any time, and without notice to you if you breach any term or condition in this agreement or otherwise engage in activities that Readability reasonably determines are likely to cause liability to Readability or may cause damage to content owners and publishers. Readability may also terminate any licenses hereunder for any reason with thirty (30) days notice (including by email to the address associated with your account) to you. Readability will not be liable for any costs, expenses, or damages as a result of its termination of this agreement. Upon termination of this agreement, you will promptly cease accessing and using the Readability APIs and Readability Content and will delete all Readability Content and any information derived therefrom and all copies and portions thereof, in all forms and types of media from your Service. Sections 1(4) and V of these Terms will survive the termination of this agreement.

6. You may be given access to certain non-public information, software, and specifications relating to the Readability APIs ("Confidential Information"), which is confidential and proprietary to Readability. You may use this Confidential Information only as necessary in exercising your rights granted in these Terms. You may not disclose any of this Confidential Information to any third party without Readability's prior written consent. You agree that you will protect this Confidential Information from unauthorized use, access, or disclosure in the same manner that you would use to protect your own confidential and proprietary information of a similar nature and in any event with no less than a reasonable degree of care.

7. You expressly acknowledge that Readability, article content owners and end users retain all worldwide right, title and interest in and to the Readability Content, including all intellectual property rights therein. You also acknowledge that as between you and Readability, Readability owns all right, title and interest in and to the Readability APIs, Readability Marks, and the Readability service (and any derivative works or enhancements thereof), including but not limited to all intellectual property rights therein. You agree not to do anything inconsistent with such ownership. Any rights not expressly granted herein are withheld. You agree that you will not challenge Readability's ownership of, the validity of any license to use, or otherwise copy or exploit the Readability Marks during or after the termination of this agreement except as specifically authorized herein. If you acquire any rights in the Readability Marks or any confusingly similar marks, by operation of law or otherwise, you will, at no expense to Readability, immediately assign such rights to Readability.

8. As between you and Readability, you retain all worldwide right, title and interest in and to your Service, excluding the Readability APIs, Readability Marks, and the Readability Service (and any derivative works or enhancements thereof), including but not limited to all intellectual property rights therein. You may provide Readability with comments concerning the Readability Content or Readability APIs or your evaluation and use thereof. You agree that Readability and its designees will be free to copy, modify, create derivative works, publicly display, disclose, distribute, license and sublicense, incorporate, and otherwise use the feedback, including derivative works thereto, for any and all commercial and non-commercial purposes with no obligation of any kind to you.

9. Readability may update or modify the Readability APIs, Terms, and other terms and conditions, including the Display Guidelines, from time to time its sole discretion by posting the changes on www.readability.com or by otherwise notifying you (such notice may be via email). You acknowledge that these updates and modifications may adversely affect how your Service accesses or communicates with the Readability APIs. You will have thirty (30) days from such notice to comply with any modifications. If any change is unacceptable to you, your only recourse is to terminate this agreement by ceasing all use of the Readability APIs and Readability Content. Your continued access or use of the Readability APIs or any Readability Content following the 30 day period will constitute binding acceptance of the change.

10. Representations and Warranties. You represent and warrant that:

    • (a) you have the necessary power and authority to enter into this agreement, and that the performance of your obligations will not constitute a breach or otherwise violate any other agreement or the rights of any third party arising therefrom;

    • (b) you will maintain throughout the term of this agreement all rights and licenses that are required with respect to your Service; and

    • (c) your Service and its use, distribution, sale and license, including the use of any license hereunder, does and will continue to comply with all applicable foreign, federal, state, and local laws, rules, and regulations.

11. Disclaimer. THE READABILITY CONTENT, READABILITY APIs, AND ANY OTHER READABILITY PRODUCTS AND SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" AND ON AN "AS-AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND. READABILITY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. READABILITY DOES NOT WARRANT THAT THE READABILITY CONTENT AND READABILITY APIs AND ANY OTHER READABILITY PRODUCTS AND SERVICES PROVIDED HEREUNDER WILL MEET ALL OF YOUR REQUIREMENTS OR THAT USE OF SUCH READABILITY CONTENT AND READABILITY APIs BE ERROR-FREE UNINTERRUPTED, VIRUS-FREE, OR SECURE.

12. IN NO EVENT WILL READABILITY BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE READABILITY APIs, READABILITY CONTENT, OR OTHER READABILITY PRODUCTS AND SERVICES WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, COPYRIGHT, TRADEMARK, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. IN ANY CASE, READABILITY'S AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AGGREGATE FEES YOU PAID FOR ACCESS TO THE READABILITY APIs IN THE LAST YEAR.

13. You will indemnify, defend, and hold Readability, its subsidiaries, affiliates, officers, and employees, harmless from any and all claims, damages, losses, liabilities, actions, judgments, costs, and expenses (including reasonable attorneys' fees) brought by a third party arising out of or in connection with: (a) any act or omission by you, in connection with your use of the Readability Content, the Readability APIs, or the Readability Marks; (b) your use of the Readability Content, the Readability APIs, or the Readability Marks other than as expressly allowed by this agreement; (c) your breach or alleged breach of any of the terms, restrictions, obligations or representations under this agreement; or (d) your Service; or (e) any copyright or trademark infringement claims. You will assume control of the defense and settlement of any claim subject to indemnification by you. Readability may, however, at any time elect to take over control of the defense and settlement of any such claim. In any event, you will not settle any such claim without Readability's prior written consent.

14. If you should have any questions regarding these Terms of Service, contact us at questions@readability.com.