If you do not comply with this Agreement at any time, ReadCloud reserves the right to immediately cancel or terminate your access to the Service (or any part thereof) and/or your user account, if any. You agree that any termination or cancellation of your access to, or use of, the Service may be effected without prior notice. If you do not abide by the terms of this Agreement, you agree that we may immediately deactivate or delete your user account, if any, and all related information and/or files in your user account and/or bar any further access to such information and/or files and/or the Service (or part thereof). Further, you agree that ReadCloud shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, the Service. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of or to the Service, or any policies or practices by ReadCloud in providing the Service, including without limitation any change in content, is to cease using the Service and cancel or terminate Registered User account or subscription, as applicable.
The Service is only available to individuals who register with ReadCloud and create a user account on the Service (each, a “Registered User”). If you are a Registered User then you agree to the following:
(i) in consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by any registration form(s) on the Service, including your geographical location and billing address (the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, ReadCloud has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof);
(ii) Through the registration process, Registered Users will receive a password and account username. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify ReadCloud of any unauthorized use of your password or account or any other breach of security.
Access to Content
ReadCloud, our distribution partners and our publishing partners enable you, subject to the restrictions set forth herein, to view, download, display and use on your devices, including but not limited to mobile devices, e-readers, and personal computers (each a “Device”) a variety of digitized electronic content, such as books, journals and other periodicals, and other digital content, as determined by ReadCloud (“Digital Content”).
Use of Digital Content
Curated or Uploaded Content
For all digital content, whether it be a PDF, ePub, Video, Audio, Podcast, Image or any other content, that is uploaded to the ReadCloud platform, the User agrees that they have the rights to upload the said content. At all times the user agrees to abide by and respect all Copyright terms of any third party publisher and/or authors of such content.
If at any time you believe you have uploaded any content that may violate or infringe on someones copyright, you must advise ReadCloud immediately such that the said content can be promptly removed from the platform.
You may not:
- sell, rent, lease, distribute, broadcast, transfer, transmit, telecommunicate or assign your rights to the Digital Content or any portion of it to any third party;
- copy, reproduce, print, publish, forward by email, upload to the internet, commercially exploit, display, adapt, modify, translate, make a derivative work of, or use for product development purposes, the Digital Content or any portion of it; or
- remove any watermarks, labels, or other proprietary notices on or in the Digital Content,
except as expressly permitted by ReadCloud.
You acknowledge and agree that ReadCloud may place limits on the number of Devices and/or software applications you may use to access Digital Content and that such limits may be set by ReadCloud at any time at ReadCloud”s discretion. You acknowledge and agree that ReadCloud and/or its publishing and/or distribution partners may record and store the unique device identifier numbers of your Devices in order to enforce such limits.
Disclaimer and Limitation of Liability
The Australian Consumer Law and similar State legislation in Australia may confer rights and remedies on you in relation to the provision of the Digital Content and various services by ReadCloud, which cannot be excluded, restricted or modified (“Non-excludable Rights”). ReadCloud does not exclude any Non-excludable Rights, but does exclude all other conditions and warranties implied by custom, law or statute. Except as provided for by the Non-excludable Rights:
This Service is provided by ReadCloud on an “as is” basis.
ReadCloud and its licensors make no representations or warranties of any kind, express or implied, as to the operation of, your access to or the results of your access to the Service (including any related or linked websites) or the correctness, accuracy, timeliness, completeness or reliability of the information, content, materials or products included on this Service.
To the full extent permissible by applicable law, ReadCloud disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
ReadCloud will not be liable for any loss or damage (including indirect, special or consequential loss or damage) arising from the use of, or reliance on, any information on the Website or in the Digital Content, whether or not caused by any negligent act or omission. If any law prohibits the exclusion of such liability, ReadCloud hereby limits its liability to the extent permitted by law, to the resupply of the said information.
Special Medical Disclaimer
Medicine is an ever-changing science. As new research and clinical experience broaden out knowledge, changes in treatment and drug therapy are required. In view of the possibility of human error or changes in medical sciences, neither ReadCloud nor its licensors warrant that the information contained in the Digital Content is in every respect accurate or complete, and they are not responsible for any errors or omissions or the results obtained from the use of such information. Users are encouraged to confirm the information contained in the Digital Content with other sources. For example, and in particular, users are advised to check the product information sheet included in the package of each drug they plan to administer to be certain that the information contained in the Digital Content is accurate and that changes have not been made in the recommended dose or in the contraindications for administration. This recommendation is particularly important in connection with new or infrequently used drugs.