General Terms and Conditions Effective as of January 1, 2019
Agreement between User and rif.org
Welcome to rif.org. The rif.org website (the "Site") is comprised of various web pages operated by Reading Is Fundamental ("RIF"). rif.org is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of rif.org constitutes your agreement with RIF to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
rif.org is a Literacy Site that does the following:
- Provide literacy content, services, capacity building, and other downloadable content (collectively, the “Services”).
- Accept donations, sponsorships, and revenue from donors, sponsors, and customers.
Visiting rif.org or sending emails to RIF constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this Site, you are responsible for maintain the confidentiality of your account and any password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account [or password] You agree immediately to notify rif.org in writing of any unauthorized use of your password or account or other breach of security. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that RIF is not responsible for third party access to your account that results from theft or misappropriation of your account. RIF and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
RIF’s Literacy Network
RIF offers an online Literacy Network, which contains the tools that organizations and individuals need to be effective local literacy champions. RIF updates this content regularly updated to ensure that members of the Literacy Network have the latest resources to support reading in their local communities. Visit this page to register for RIF’s Literacy Network: https://www.rif.org/literacy-network.
Children Under Thirteen
RIF does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use rif.org only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Content
rif.org may contain third party content (“Third Party Content”) or links to other websites ("Linked Sites"). The Third Party Content and Linked Sites are not under the control of RIF and RIF is not responsible for the Third Party Content and contents of any Linked Site, including without limitation any errors or omissions in Linked Sites link contained in a Linked Site, any content that may infringe or violate any third party’s rights in a Linked site, or any changes or updates to a Linked Site. RIF is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by RIF of the site or any association with its operators. Any opinions or advice offered by Third Party Content or Linked Sites are solely those of the applicable authors and you acknowledge and agree that you must assess the accuracy and completeness of such content yourself. You hereby release RIF from any liability arising from your use of that Third Party Content or Linked Sites. RIF reserves the right to track your use of all of RIF’s content on the Site.
Certain services made available via rif.org are delivered by third party sites and organizations. By using any product, service or functionality originating from the rif.org domain, you hereby acknowledge and consent that RIF may share such information and data with any third party with whom RIF has a contractual relationship to provide the requested product, service or functionality on behalf of rif.org users and customers.
Conditions of Use/No Unlawful or Prohibited Use
Without limiting the foregoing, you are responsible for all content (“User Content”) including without limitation code, videos, images, data, text, software, music, photographs, graphics, messages and other materials that you upload, post, publish or transmit (including by email) or otherwise display (collectively, “Upload”) to rif.org. You represent and warrant that you own, or otherwise have the right to use and to display on rif.org, all User Content that you upload to the Site. You agree that RIF may require that you edit that User Content for posting on the Site, and that not all submissions will be posted. By posting User Content, you hereby grant to RIF a non-exclusive, global, perpetual, royalty-free right and license to use that content and to sublicense it to others in any form, including without limitation for marketing purposes. You agree that such User Content is not confidential and that RIF may disclose it to any third party at any time. You agree not to Upload any User Content that: (i) infringes or otherwise violates any trademarks, trade names, trade secrets, patents, copyrights or other proprietary rights of any third party; (ii) contains software viruses or other computer code or files or programs that has the potential to interrupt, destroy or restrict the function of computer hardware or software, or otherwise contains scrapers, crawlers, or other malicious material or code; (iii) creates a privacy or security risk to any individual; (iv) constitutes unsolicited advertising, junk mail or spam, sweepstakes, contests or any other types of solicitations; (iv) is harassing, defamatory, obscene, libelous, defamatory, constitutes hate speech, is pornographic, or invades any individual’s privacy; (v) falsely impersonates any individual; (vi) violates any federal, local state, or international law or is otherwise illegal; or (vii) that RIF in its sole discretion otherwise finds objectionable.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of RIF or its suppliers and protected by copyright, trademark, and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright, trademark, and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not copy, modify, publish, transmit, reverse engineer, otherwise attempt to discern any source code, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site other than your own User Content. You may not use robots, scraping tools or other data extraction methods to access the Site. RIF content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal and non-commercial use, and will make no other use of the content without the express written permission of RIF and the copyright owner or owner of any other proprietary rights in that content. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of RIF or our licensors except as expressly authorized by these Terms. Without limiting the foregoing, you acknowledge and agree that RIF is the sole and exclusive owner of the trademarks and service marks READING IS FUNDAMENTAL, U.S. Reg. No. 1,003,628; RIF, U.S. Reg. No. 1,075,006; Reading Is Fundamental with a stylized design of an open book under the word “READING”, U.S. Serial. No. 8803155; SKYBRARY, U.S. Reg. No. 4,222,871, and the unregistered SKYBRARY design marks depicted immediately below:
(collectively, the “RIF Marks”). Nothing herein shall grant, either expressly or impliedly, any right or license to you to use the RIF Marks without RIF’s prior written permission.
Notwithstanding the foregoing, RIF has created and will create toolkits and other materials that users may download and print. These toolkits and materials are located at [cite URL]. Users may download and print these materials solely for their personal use and may not modify, license, sell, or otherwise make any other use of these materials.
Digital Millennium Copyright Act
RIF respects the intellectual property rights of third parties and requires others to do so also. If you, as a user or other member of the public, believe that your copyrighted work or other intellectual property right is being used on our Site in a manner that infringes your work, you must notify RIF as set forth below in this section.
RIF will investigate notices of claimed copyright infringement and other intellectual property violations that it receives and take necessary actions under the Digital Millennium Copyright Act (“DMCA”) regarding any asserted or actual infringement. To report such a claim, email RIF’s “Designated Copyright Agent” or “DMCA Agent” at email@example.com with the Subject line “Takedown Request Per DMCA”. You may also contact this DMCA Agent at: Reading Is Fundamental, 750 First Street, NE, Washington, DC 20002. This notice must be written and must contain the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property right infringed;
- A description or the copyright work or other intellectual property right that you claim has been infringed;
- A description of the material that you claim is infringing and the location where the infringing material resides on our Site (such as a link to such material on our Site);
- Your street address, telephone number, and email address;
- A statement that you have a good faith belief that the asserted infringing use is not authorized by the copyright or other intellectual property owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that all of this information recited above in your notice is accurate and complete and that you are the owner or authorized to act on behalf of the copyright owner or other intellectual property owner.
You may submit a “Counter-Notification” to our DMCA Agent if you believe that your User Content that was the subject of a DMCA notice, and that RIF removed, is not infringing (or is otherwise authorized by law) and was removed improperly. To submit this notice you must provide in writing:
- Your physical or electronic signature;
- Identification of the content that was removed and the location at which it appeared before its removal;
- A statement that you have a good faith belief that the content was removed as a result or a mistake or misidentification of that content;
- Your street address, telephone number, and email address; and
- A statement that you consent to jurisdiction of the federal courts within the District of Columbia for the litigation of any disputes involving the counter-notification and that you will accept service of process.
RIF will send a copy of any counter-notification that it receives regarding your User Content to the complainant (copyright owner or other intellectual property owner), informing the complainant that it may restore the removed content within ten (10) business days. If the complainant declines to do so, unless the complainant files an action seeking a court order against the poster, RIF may restore that content in ten (10) to fourteen (14) business days after receipt of the counter-notification.
The Service is controlled, operated and administered by RIF from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the RIF Content accessed through rif.org in any country or in any manner prohibited by any applicable laws, restrictions or regulations. Without limiting the foregoing, The transmission of any data is subject to U.S. export controls. You may not download any software or otherwise export such software in violation of U.S. export laws.
You agree to indemnify, defend and hold harmless RIF, its officers, directors, employees, agents, affiliates, vendors, and other third parties, for any losses, damages, costs, liabilities, claims, and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or Services, any user postings of any content made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. RIF reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with RIF in asserting any available defenses. If you are a California resident, you waive California Civil Code Section 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you reside in any other jurisdiction, you waive any similar statute or doctrine that may be applicable.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions. Notwithstanding the foregoing, in the case that either party seeks preliminary injunctive relief, that party may proceed in court without first resorting to arbitration to avoid immediate irreparable harm.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and RIF agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. READING IS FUNDAMENTAL AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
READING IS FUNDAMENTAL AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE OR ABOUT ANY VIRUSES, BUGS OR OTHER ELEMENTS THAT MAY DAMAGE OR INFECT YOUR COMPUTER EQUIPMENT UPON USING THE SITE.. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. READING IS FUNDAMENTAL AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. RIF MAKES NO WARRANTY THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS; OR THAT OUR SERVICES will be timely, uninterrupted or secure or accurate.
RIF reserves the right, in its sole discretion, to modify the Site with or without notice. Your continued use of our Site after the date of such changes become effective constitutes your acceptance of the new Terms. The most current version of the Terms will supersede all previous versions. RIF encourages you to periodically review the Terms to stay informed of our updates. RIF further reserves the right, in its sole discretion, to suspend or terminate your access to the Site and the related Services or any portion thereof at any time, without notice, or even to report the offender to law enforcement personnel. To the maximum extent permitted by law, this agreement and all pages to which this Site links are governed by the laws of the District of Columbia and you hereby consent to the exclusive jurisdiction and venue of courts in the District of Columbia in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. The provisions in this paragraph apply equally to those pages to which this Site links namely, Registration for the Literacy Network at https://www.rif.org/literacy-network.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and RIF as a result of this agreement or use of this Site. RIF's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of RIF's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by RIF with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.