Terms of Use
Effective November 1, 2022
- These terms of use (“Terms”) govern your access to and use of FirstRead, Inc. (“FirstRead”, “we”, or “us”) services, including the website, applications, add-ins, and other services provided by us (collectively, the “Services”). By using the Services, you agree to abide by and comply with these Terms.
- License: As long as you abide by these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Services for your internal purposes and only as expressly permitted in these Terms (“License”).
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Use Restrictions:
- You agree not to, and not to permit others to, (i) upload content that infringes third-party rights, violates applicable laws or regulations, or that is defamatory, offensive, harmful or threatening to any person; (ii) interfere or disrupt the Services, including among others through the use of malicious code; (iii) sublicense, reverse engineer, decompile, decode, copy, reproduce, modify, or alter the Services; or (iv) otherwise use the Services in any way that contradicts these Terms. If you are under 18, you may not use the Services, and by using the Services, you represent that you are over 18 and legally able to enter into a contract.
- Any violation by you of the License provisions and use restrictions shall revoke your License to use the Services and may result in the immediate termination of your License and right to use the Services, without derogating from any other relief available to us under law or equity.
- You understand and agree that FirstRead is not a law firm or an attorney, may not perform the services of an attorney and is not a substitute for legal advice or services. The Services do not provide legal advice, and their content is not guaranteed to be accurate, complete, or current.
- Ownership: FirstRead and its licensors exclusively own all right, title and interest in and to any and all intellectual property rights relating to the Services including, but not limited to any copyrights, trademarks, patents, features, modifications, or derivatives thereof. You agree and acknowledge that our right to the Services is protected by international copyright and trademark laws. These Terms do not give you any rights, title, or interest in or to the Services. All rights not explicitly granted herein are reserved by FirstRead.
- Documents and Feedback: The Services may enable you to submit, upload, or otherwise make available content such as feedback, comments, and other user-generated content (collectively, "Feedback"). You shall be solely liable for the Feedback and represent that the Feedback does not infringe or otherwise violate third-party’s intellectual property rights. If you post any Feedback as part of the Services, you grant us a worldwide, non-exclusive, irrevocable, royalty-free right to use, reproduce, modify, distribute, and display such Feedback in any form or media.
The Feedback does not include any document uploaded onto the Services for processing (“Documents”). We do not own any rights to your Documents, other than to offer you our Services. - Payments: Any paid subscription to the Services will be billed on a recurring basis on either a monthly or yearly billing cycle, which shall be automatically renewed and charged upon the commencement of each subscription term unless the subscription is earlier canceled by either party. FirstRead may, from time to time, at its sole discretion, modify the subscription fees effective from the billing cycle following notice of such change. All amounts payable hereunder are non-refundable and exclusive of taxes, levies or duties. You are responsible for paying all applicable taxes. Failure to pay any due fees will entitle FirstRead to cancel or suspend your subscription.
- NO WARRANTIES: THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED. YOU ARE ADVISED TO SAFEGUARD YOUR DATA, USE CAUTION AND NOT RELY IN ANY WAY ON THE PERFORMANCE OF THE SERVICES.
- LIMITATION OF LIABILITY: IN NO EVENT SHALL FIRSTREAD, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY TO YOU SHALL NOT EXCEED THE ACTUAL AMOUNT OF FEES PAID BY YOU TO FIRSTREAD DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE GIVING RISE TO LIABILITY, EVEN IF WE HAVE BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
- Termination: We may terminate or suspend the Services or your access to any of the Services immediately, without prior notice or liability and for any reason. You may discontinue using the Services and request to cancel your subscription at any time, effective from the end of the then current monthly or annual subscription period, by contacting our support at contact@first-read.com. In the event you cancel your subscription, you will still have access to the Services through the end of the then current billing cycle. Cancelation does not qualify you for a partial or pro-rata refund.
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General:
- We may from time to time, at our sole discretion, but are not obligated to, correct any errors, provide upgrades, support and maintenance services, uptime guarantee, or offer any discounts or special terms for the Services.
- These Terms constitute the complete and entire agreement between us regarding the Services. We may modify the Terms at any time by providing you with notice that the Terms have been modified. If you continue to use the Services after receiving such notice, you represent your acceptance of the modified Terms.
- A failure by a party hereunder to enforce a right under these Terms will not be deemed as a waiver of that right.
- These Terms shall be governed by the laws of Israel, without regard to its conflict of law provisions, and the competent courts of Tel Aviv, Israel, shall have exclusive jurisdiction over any dispute arising out of these Terms. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly excluded.