|
SERVICE DESCRIPTION & ACCEPTANCE
Readersday.com (also mentioned anywhere in the website & Terms as Readersday or Reader's day) provides a collection of services, including publishing articles, commenting on articles, forums, RSS & ATOM Feeds, social services, email services and various other services, (referred to hereafter as "the Service") subject to the following Terms of Use (mentioned in the document as Terms or TOU or T&C or simply terms). By using the Service in any way, you are agreeing to comply with the Terms. In addition, when using particular Readersday services, you agree to abide by any applicable posted guidelines for all Readersday services, which may change from time to time.
In case you object to any term or condition of the Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with Readersday in any way, your only recourse is to immediately discontinue use of Readersday. Readersday has the right, but is not obligated, to strictly enforce these Terms. Members can write articles for things legal and allowed by the Terms.
READERSDAY.COM IS IN BETA STAGE
You agree that the website Readersday.com is in beta stage. There may be a lot of errors and issues with the website till we drop the Beta tag. We will move to beta stage after some time from Beta stage and shed the beta tag after that.
You agree to cooperate with us until we shed these tags.
MODIFICATIONS
Readersday reserves the right, at our sole discretion, to change, modify or alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself Knowledgeable of any changes.
CONTENT POLICY
You understand that all postings, including but not limited to messages, text, files, images, photos, video, sounds, or other materials (referred as "Content") posted on the service, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated.
Moreover, you are entirely responsible for each individual item ("Item") of Content that you post, email or make available in the Service. You understand that Readersday does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that may be offensive in any way or indecent, inaccurate, misleading, or objectionable. Moreover, the Readersday site and Content available through the Service may contain links to other websites, which are completely independent of Readersday. Readersday makes no representation or warranty of those third-party sites including things such as the accuracy or completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Readersday be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Readersday Service.
THIRD PARTY CONTENT AND SERVICES
The Readersday site and Content available through the Service may contain features and functionality that may link you or provide you with access to third party content which is completely independent of Readersday, including third party web sites etc.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Readersday shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Readersday is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Readersday, its Owners, officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
NOTIFICATION OF CLAIMS
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Readersday for notice of claims of copyright or other intellectual property infringement at Readersday.com@gmail.com
Our physical address:
Readersday.com
new no-13, old no-10,
Bazaar st,
Namakkal-637001
Tamil Nadu
India
Please provide us the following:
- Identify the material on the Readersday site that you claim is infringing, with enough detail so that we may locate it on the website;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
Readersday will remove the infringing posting(s), subject to procedures.
PRIVACY POLICY AND INFORMATION DISCLOSURE
Readersday has established a Privacy Policy to explain to users how their information is collected and used, which can be found in our website.
Your use of the Readersday website or the Service signifies acknowledgment of and agreement to our Privacy Policy. You further acknowledge and agree that Readersday may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process or enforce the Terms or respond to claims that any Content violates the rights of third-parties or respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment or protect the rights, property, and personal safety of Readersday, its users or the general public.
USER CONDUCT
- You must be at least 18 years old to use Readersday.
- All information provided by members must be valid and correct information.
- You must agree to comply with all local, state, province, country or regional laws that may be applicable to your use of the Internet and your membership with Readersday.
- You MUST provide correct/true information about your profile. Readersday has the right to verify the information you provide. If this information changes you must immediately update your profile by logging in to Readersday.
- By filling out the registration form you are applying to be a member of Readersday.com. No employee-employer relationship is created by your use of the Readersday website and its services.
- Readersday is under no obligation to offer its services to you.
- Readersday may refuse to accept your application for membership for any reason.
- You are responsible for maintaining the confidentiality of your password, and you are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. Readersday cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
- Readersday is not responsible for your taxes. You are solely responsible for the payment of taxes on monies earned via Readersday using Google Adsense or other ad networks.
- Readersday.com would use security measures to protect the integrity of the website, account information and individual information. However, Readersday.com does not and can not guarantee absolute security and we are not responsible for any illegal acts of third party including hacking and other similar activities.
Additionally, You agree not to post, email, or make available Content:
- That violates any law
- That is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
- That is pornographic in any way or depicts a human being engaged in actual sexual conduct including but not limited to sexual intercourse or masturbation etc
- That harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- That impersonates any person or entity, including, but not limited to, a Readersday employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures;
- That includes personal or identifying information about another person without that person's explicit consent;
- That is false, deceptive, misleading, deceitful, mis-informative;
- That infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- That constitutes or contains affiliate marketing, junk mail, Spam, chain letters, pyramid schemes, or unsolicited commercial advertisement;
- That constitutes or contains any form of advertising or solicitation if: posted in areas of the Readersday sites which are not designated for such purposes; or emailed to Readersday users who have not indicated in writing that it is okay to contact them about other services, products or commercial interests.
- That includes links to commercial services or web sites that violates the spirit of the law;
- That advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by Indian and International law.
- That contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- That disrupts the normal flow of dialog with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
- That employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
And, You agree not to: - Contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
- Stalk or harass anyone;
- Collect personal data about other users for commercial or unlawful purposes;
- Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by Readersday;
- Post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
-Post the same item or service in more than one category;
- Attempt to gain unauthorized access to Readersday's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Readersday website; or
- Use any form of automated device or computer program that enables the submission of postings on Readersday without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
- Use any form of automated device or computer program ("flagging & Abuse reporting program/ system") that enables the use of Readersday's "flagging or Abuse reporting system" or other community moderation systems without each flag or Report-Abuse button being manually entered by the person that initiates the flag/Report Abuse button, or use the Flagging/ Report-Abuse tool to remove posts of competitors, or to remove posts without a good faith belief that the post being affected violates these Terms;
ACCESS TO THE SERVICE
Readersday grants you a limited, revocable, nonexclusive license to access the Service for your use. This license does not include: (a) access to the Service by Posting Agents that are illegal with regard to the spirit-of-the-law; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Readersday. A limited exception to (b) is provided to general purpose Internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file.
Readersday offers various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. Readersday permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to 'Readersday' as the source, (d) your use or display does not suggest that Readersday promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden Readersday's systems. Readersday reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.
Use of the Service beyond the scope of authorized access granted to you by Readersday immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Readersday.
TERMINATION OF SERVICE
You agree that Readersday, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Readersday believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that Readersday shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
ADDITIONAL TERMS FOR ARTICLE WRITERS
You understand that Readersday will collect your Google Adsense Id and provide service based on that. No employer-employee relation is created between Readersday and the article writer and no employer-employee relation is created between Readersday and any member who uses with or without registering in Readersday. The service is in Beta stage. Readersday does not charge any members for posting articles.
The earnings which the sub-site owners make is directly received by the writers from Google and Readersday is not responsible for any payments and related issues. Writers must have a Google Adsense account using which Readersday enables Google to serve ads in the pages of Readersday pages. The number of ad slots allocated in favor of article writer's Adsense Id may differ based on a number of factors and is done dynamically. Readersday does not split the number of slots that may be available in a sub-site equally between sub-site owners and Readersday. Readersday reserves the right to make available, the number of slots allocated for Readersday and the sub-site owner/creator dynamically. At the same time, Readersday does not disclose the exact split at this time. The sub-site owner must provide the Adsense related information required for Readersday timely and correctly. Sub-site owners, after being allocated their slots, receive payments directly from Google and will not receive any payments from Readersday. Readersday is not responsible for taxes payable by sub-site owners. Sub-site owners must pay their applicable taxes to applicable entities and governments. You understand that Readersday collects information like your adsense id for serving ads to your sub-site.
PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Readersday. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of Readersday, and agree to abide by any and all copyright notices displayed on the Service. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE READERSDAY SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE READERSDAY SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, READERSDAY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE READERSDAY SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, READERSDAY DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE READERSDAY SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE READERSDAY SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, READERSDAY DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE READERSDAY SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL READERSDAY.COM BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF READERSDAY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE READERSDAY SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE READERSDAY SITE OR THE SERVICE, FROM INABILITY TO USE THE READERSDAY SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE READERSDAY SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE READERSDAY SITE OR THE SERVICE OR ANY LINKS ON THE READERSDAY SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE READERSDAY SITE OR THE SERVICE OR ANY LINKS ON THE READERSDAY SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
INDEMNITY
You agree to indemnify and hold Readersday, its owners, officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, investors harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
OTHER IMPORTANT INFORMATION
The Terms constitute the entire agreement between you and Readersday.com and govern your use of the Service, superseding any prior agreements between you and Readersday. The Terms and the relationship between you and Readersday shall be governed by the laws of India and laws of the state of Tamil Nadu, India without regard to its conflict of law provisions. You and Readersday agree to submit to the personal and exclusive jurisdiction of the courts located within Namakkal, Tamil Nadu, India. The failure of Readersday to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one year after such claim or cause of action arose or be forever barred.
VIOLATION OF TERMS AND LIQUIDATED DAMAGES
report any violations of the Terms, by flagging the posting(s) for review, or by emailing to:Readersday.com@gmail.com
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Readersday to pursue legal action to enforce these Terms, you will be liable to pay Readersday reasonable amounts as liquidated damages, which will be calculated by Readersday.
You agree to pay Readersday' actual damages, to the extent such actual damages can be reasonably calculated.
SEARCH ENGINES
By publishing an article in Readersday, the user understands and agrees that the articles and content are public and accessible by any third party and that they may appear in results of search engines (such as Yahoo!, Ask, Google, and other search engines) and in the cache of those search engines, in feeds and other web sites by co-branding agreements and that it is the sole responsibility of each of those search engines, web sites or RSS web feed resources to maintain updated their indexes and their cache and to remove content from their indexes and their cache being impossible for Readersday to influence or correct such contents. Readersday shall not be liable for the information published in the result of the search or by any other web site that have include in their servers the ads or contents of the user of Readersday.
|