1. Intellectual Property Rights
The content on the Site, excluding User Content and postings, including without limitation, the text, software, scripts, graphics, photographs, sounds, videos, articles, and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Hoot Reading, and subject to copyright and other intellectual property rights under Canada and foreign laws and international conventions. Content on the Site is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Hoot Reading reserves all rights not expressly granted in and to the Site and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein.
2. Eligibility, Accounts, Password, and Security
A “User Account” provides access to the Site and requires a name, email address, and age (must be at least 18 to create an account). With a User Account, the User becomes a representative of those they designate as a member of their household (“Household Family Members”) and can link to other Users. Once the User Account is created, the User selects a household nickname, and a password.
Each User must choose a password and a User name. Users may not authorize others to use their account, and they may not assign or otherwise transfer their account to any other person or entity. Users are entirely responsible for maintaining the confidentiality of their password and account. Furthermore, Users are entirely responsible for any and all activities that occur under their account.
You agree to notify Hoot Reading immediately of any unauthorized use of your User Account or any other breach of security. Hoot Reading will not be liable for any loss that you may incur as a result of unauthorized persons using your password or account, in connection with the User Account, either with or without your knowledge. However, you could be held liable for losses incurred by Hoot Reading or another party due to unauthorized use of your account or password.
3. User Content
The Site permits User Content including videos, photographs, text postings or other materials (“User Content”) and the hosting, sharing, and publishing of such User Content. By uploading or otherwise submitting any materials to us and/or the Site, you automatically grant (or warrant that the owner of such rights has expressly granted) to Hoot Reading a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology (now known or hereafter developed or devised) throughout the universe. In addition, you warrant that all so-called “moral rights” and other rights recognized throughout the world (including without limitation, the European Economic Community) in those materials have been waived.
You shall be solely responsible for, and assume all liability regarding your own User Content, the consequences of posting or publishing them, and your interaction on the Site. Also should your account be terminated, you will not be given back any of your User Content, nor will you be given access to such User Content.
Hoot Reading does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Hoot Reading expressly disclaims any and all liability in connection with User Content. Hoot Reading does not permit copyright infringing activities or infringement of intellectual property rights on its Site, and Hoot Reading will remove all Content and User Content if properly notified that such Content or User Content infringes on another’s intellectual property rights. Hoot Reading reserves the right to remove Content and User Content without prior notice.
In no event does Hoot Reading assume or have any responsibility or liability for any User Content or for any claims, damages or losses resulting from their use and/or appearance on or in conjunction with this Site or elsewhere. Thus, Users remain solely responsible for, and assume all liability regarding the content of their User Content and interactions with other Users. Hoot Reading reserves the right, in its sole discretion, to edit, delete, or refuse to post any User Content that violates these terms and conditions, as well as revoke the privileges of any User who does not comply with these terms and conditions.
The Site may be used for noncommercial purposes only. Users may not post any information intended to promote and/or generate revenue for any third party business activity. You specifically acknowledge that soliciting other Hoot Reading Users to join or become members of any commercial online service or other organization or group (profit, non-profit, religious, social, political, or otherwise) is expressly prohibited.
You hereby authorize us to use, and to authorize others to use, your User Content in whole or in part, throughout the universe in perpetuity in any form, medium, or technology (now known or hereafter developed or devised throughout the universe) alone or together or as part of other User Content of any kind or nature. Without limiting the foregoing, you hereby grant to Hoot Reading the right to use and change the User Content in any manner that Hoot Reading may determine.
4. User Conduct
Hoot Reading does not allow, and you agree not to use this Site to:
- upload, post, email, transmit or otherwise made available any User Content that are unlawful, harmful, derogatory, defamatory, abusive, threatening, vulgar, obscene (including but not limited to posting pictures or videos with drugs, alcohol, nudity or sexual acts), bigoted, libelous, tortuous, hateful, racially or ethnically objectionable, insulting or that violates any person’s privacy (including but not limited to posting pictures, full names, email addresses, addresses, or phone numbers without consent);
- harm minors in any way;
- “stalk” or otherwise cyberbully (including but not limited to bullying, harassing, humiliating, threatening, embarrassing or targeting);
- create a User Account for anybody but yourself;
- solicit personal information from anybody outside of your household;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- post information that you know is false, misleading, or that promotes illegal activity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Site;
- upload, post, email, transmit or otherwise make available any User Content that infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Use the Site to promote another party’s products or services, or solicit others for commercial products or services of any kind;
- upload, post, email, transmit or otherwise make available any material 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;
- interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; and/or intentionally or unintentionally violate any applicable local, state, national or international law.
We reserve the right to remove any material or terminate the account of any person we determine violates any of these terms. We also reserve the right to turn over to law enforcement personnel any content upload, post, email, transmit or otherwise made available on this Site that we deem may be in violation of these terms or any applicable law.
Notwithstanding the foregoing, Hoot Reading is not required to host, index, or display any User Content uploaded or otherwise provided to Hoot Reading, and may remove or refuse to host, index or display any User Content. Hoot Reading is not responsible for any loss, theft, intellectual property infringement or damages of any kind related to User Content.
By using this site, you agree to allow Hoot Reading the right to use the information from you and your experiences through the Site to monitor, track and research ways to improving Hoot Reading services and community.
5. Online Purchases, Price and Payment Terms
a) Service Descriptions, Price and Other Information.
We have taken reasonable precautions to ensure that all service descriptions, prices and other information shown on our websites are correct and fairly described. However, when ordering through our website, please note that:
- Hoot Reading reserves the right to not accept any orders if there is a material error in the description of the service, or if the price advertised is incorrect;
- Hoot Reading reserves the right to refuse or discontinue the supply of any service to any customer, or change, suspend or discontinue any aspect of our website at any time in our sole and absolute discretion;
- all prices are displayed in Canadian or United States Dollars (as applicable) unless expressly indicated otherwise;
- you must be 18 years of age or older to make any such purchases;
- when you place an order, we estimate the tax applicable to your order and include that estimate in the total for your convenience (the final tax amount will be based on the then-current rate as established by the applicable taxing authority, charged to your payment card, and reflected in the order confirmation and invoice we provide to you); and
- all items are subject to availability and we will inform you as soon as reasonably possible if any service you ordered is not available
Please also note that we may be required to change the terms of any Services that we offer and/or you purchase. This includes without limitation changes to prices, taxes, and specifications. We will provide you with prior notice of any changes, by posting a notice on our websites, sending an e-mail to you at the address you provided at the time of purchase, or by including a notice in any Services you receive on an automatic recurring or subscription basis. Hoot Reading will not incur any obligation as a result of such change. By continuing to accept products, goods and/or services after we have notified you of a change to any terms, you will be deemed to have accepted the change.
b) Order processing and payment information
By purchasing Services, you agree to abide by the Attendance & Cancellation policy.
Any fees that Hoot Reading may charge you for the Service, are due immediately and final. Hoot Reading reserves the right to determine final prevailing pricing – Please note the pricing information published on the website or app may not reflect the prevailing pricing.
Sessions purchased through Hoot Reading will expire within one year from purchase date.
Hoot Reading, at its sole discretion, may make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. We encourage you to check back at our website periodically if you are interested about how we charge for our Service.
C) IMPORTANT AUTOMATIC RENEWAL AND SUBSCRIPTION-BASED SERVICES
Services are offered on an automatic or subscription basis and at the time of your purchase, you agree such Services will automatically renew at the frequency disclosed to you at the time of your initial purchase. You acknowledge and agree your subscription will automatically renew, and unless you cancel, you authorize us to charge your payment card for the products/services you purchased, plus applicable taxes. If your subscription offers a free trial, you authorize us to charge your payment card when the free trial period ends, unless you cancel your subscription before the free trial period ends, and you will not receive a notice from us that your free trial period has ended. The charges will typically occur on or around the same day of the month as your initial purchase, although some charges may be delayed for business or legal reasons. Subscriptions are for one User only and are non-transferable and non-refundable.
D) Refunds & Cancellation
Refunds are only available in the event where Services provided has been deemed inadequate by Hoot Reading. As a valued customer, you are always free to cancel future orders at any time by emailing email@example.com. You must receive confirmation of cancellation in order to complete cancelation. Any modifications or cancellation of your subscription must be received by us at least fourteen (14) days prior to the next scheduled payment/ship date in order to take effect for that period. If you cancel less than fourteen (14) days prior to the automatic renewal day for your subscription, your subscription will continue as scheduled and your cancellation will take effect in the following period.
6. Claims of Copyright Infringement
Hoot Reading respects the intellectual property rights of others. In particular, if you are a copyright owner or an agent thereof and believe that any User Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our copyright agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Hoot Reading’s designated copyright agent to receive notifications of claimed infringement is: Carly Shuler, Hoot Reading Inc., 123 Handsart Blvd, Winnipeg, Manitoba, Canada, R3P 0C4 email: firstname.lastname@example.org. For clarity, only DMCA notices should go to the copyright agent; any other feedback, comments, requests for technical support, and other communications should be directed to Hoot Readings customer service through email@example.com.
7. No Unlawful or Prohibited Use
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, HOOT READING, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. HOOT READING MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE HOOT READING SITE. HOOT READING DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE HOOT READING SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND HOOT READING WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
10. Limitation of Liability
IN NO EVENT SHALL HOOT READING, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE HOOT READING SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT HOOT READING SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Site is controlled and offered by Hoot Reading from its facilities in Canada. Hoot Reading makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
12. Advertisers or Sponsors
Your correspondence or business dealings with, or participation in promotions of, advertisers or sponsors found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or sponsor. You agree that Hoot Reading shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or sponsors on the Site.
13. Third Party Hyperlinks
The appearance of and your use of any external hyperlinks generated by third parties does not constitute endorsement by Hoot Reading, its subsidiaries and affiliates of the opinions or views expressed by these third party websites and Hoot Reading does not verify, endorse, or take responsibility for the accuracy, currency, completeness, or quality of the content contained at these sites. Furthermore, Hoot Reading is not responsible for the quality or delivery of the products or services offered, accessed, obtained by, or advertised at such sites. As such, neither Hoot Reading nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, Hoot Reading will under no circumstances be liable for any direct, indirect, incidental, or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the dissemination, exhibition, distribution, or exploitation of any information or content contained within these third party hyperlinked sites.
14. Modifications to Site
Hoot Reading reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Hoot Reading shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Hoot Reading reserves the right to terminate or suspend your account and delete all content associated with your account at any time, and without notice, if we deem that you have violated the terms of this Agreement, or for any other reason. Hoot Reading assumes no liability for any information removed from the Site, termination and/or suspension of accounts for violating these terms and conditions.
You may also terminate your account at any time. This termination is effective immediately. After termination, you will not be given back any of your User Content, nor will you be given access to such User Content.
We reserve the right to permanently restrict access to our products and services to individuals who have had their accounts cancelled or suspended.
Thank you for your use of our Site and please contact us with any questions.