Kindred Readers

Terms of Service

This document was last updated October 16, 2017.

Introduction
Welcome to KindredReaders.com, the website and online service of Kindred Readers, LLC. Your use of this site and our service ("Service") are subject to the following Terms of Service ("TOS"). By accessing the Kindred Readers site and using Kindred Readers Service, you accept and agree to be bound by the terms and provisions in this TOS document, regardless of whether you are a registered user of our Service.

Please read these Terms completely. If you disagree with any portion of this Agreement, you must not use this website or Service.

You must be at least 13 years of age to use this Service. By using this Service you warrant and represent that you are at least 13 years of age. Any registration, use or access to the Service by anyone under 13 is unauthorized, unlicensed, and in violation of this Agreement. If you are under 18 years of age you may use the Service only if you

  • are an emancipated minor or possess legal parental or guardian consent
  • are fully able and competent to enter into, abide by and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement.

Our TOS may be updated without notice to you. If we do update our TOS, we will post the amended Agreement on this page and indicate at the top of the page the date the Agreement was last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new TOS.

Use of the Service

Kindred Readers is a book review network that helps readers discover new books and helps authors develop their writing and marketing skills. You do not have to register as a "Member" to visit Kindred Readers, although to participate in some features of the Service, you will need to create a Member account. Your account gives you access to services and functionality relevant to your subscription level that we may establish and maintain at our sole discretion. You must not create more than one account.

When creating an account, you must provide complete and accurate information. You are solely responsible for the activity that occurs on your account and for keeping your password secure. You may not share your user ID or password with another individual. Notify Kindred Readers immediately of any unauthorized use of your account. Kindred Readers is not liable for any losses caused by any unauthorized use of your account.

By providing Kindred Readers your email address, you consent to our using that email address to send you Service-related notices, including any notices required by law. You may not opt out of Service-related emails. You may opt out of other messages but doing so may prevent you from receiving emails about updates or special offers.

Your use of this Service is subject to the restrictions in this Agreement. You agree not to

  • use this Service in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website
  • interfere with the proper workings of the Service
  • attempt to bypass the measures we may use to prevent or restrict access to the Service
  • use this Service to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software
  • take any action that we define as imposing or having the potential to impose an unreasonable load on our infrastructure 
  • conduct any data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Service 
  • impersonate another person or otherwise misrepresent your affiliation with a person or entity; conduct fraud; hide or attempt to hide your identity
  • use this Service to transmit or send unsolicited commercial communications
  • intentionally or unintentionally violate any applicable local, state, national or international law 
  • provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.

You acknowledge, consent and agree that Kindred Readers may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Kindred Readers, its users and the public.

You understand that the Services and software embodied within Kindred Readers may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Kindred Readers and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into Kindred Readers Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

Access to certain aspects areas of the website and Service is restricted based on membership level.  In addition, some books on this site contain adult or mature content. You must be at least 18 years of age to access such content.

Responsibility of Users 

Kindred Readers allows users to post reviews, participate in discussions and post other materials ("Content"). You are solely responsible for the Content that you make available ("post") on the Service. You agree that we act only as a passive conduit for your online distribution and publication of your Content and we have no responsibility to backup or retain archival copies of your Content. This means that you, and not Kindred Readers, are entirely responsible for all Content that you make available on Kindred Readers. 

Your Content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action against you, Kindred Readers or a third party (in each case under any applicable law). You must not submit any Content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Any Content you post must not violate third-party rights of any kind, including without limitation any rights related to intellectual property, privacy or publicity. You agree that, in this Agreement, "Intellectual Property" includes all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

You agree not to use the Service to 

  • make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable
  • make available any Content that may create any risk of harm or loss to any person, animal, entity or property 
  • make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships.

You acknowledge that Kindred Readers may or may not pre-screen Content, but that Kindred Readers and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, Kindred Readers and its designees shall have the right to remove any Content that we believe, at our sole discretion, violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Kindred Readers or submitted to Kindred Readers, including without limitation information in Kindred Readers forums and in all other parts of the Service.

The reviews posted on Kindred Readers are the opinions of individual users, not of Kindred Readers. We do not endorse the opinions of individual users. Kindred Readers reserves the right to remove a review at any time, at our sole discretion, if we decide a review does not comply with our TOS or is not consistent with community standards. 

Kindred Readers takes no responsibility and assumes no liability for any Content that you, other Users, or third parties post on the Service. You understand that you may be exposed to Content that is objectionable or inaccurate and you agree that Kindred Readers is not liable for any damages you allege to incur as a result of such Content. You understand that any damage of any kind that occurs as a result of the use of any Content you make available or access through your use of the Service is solely your responsibility.  

Kindred Readers has not reviewed, and cannot review, all of the material, including computer software, posted to the website, and cannot therefore be responsible for that material's content, use or effects. By operating the website, Kindred Readers does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Kindred Readers disclaims any responsibility for any harm resulting from the use by visitors of the website, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which KindredReaders.com links, and that link to KindredReaders.com. Kindred Readers does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to a website or webpage, Kindred Readers does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Kindred Readers disclaims any responsibility for any harm resulting from your use of linked websites and webpages.

License Grant

You retain any copyright that you may have in your Content. By posting any Content to the Service, you expressly grant, and you represent and warrant that you have a right to grant, to Kindred Readers a worldwide, royalty-free, sublicensable and non-exclusive license to reproduce, modify, adapt and publish the Content and your name and/or likeness as contained in your Content, in whole or in part and in any form, media, or technology now known or hereafter developed, for the purposes of displaying, distributing and promoting your Content. If you delete Content, Kindred Readers will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal license to use the Service. Kindred Readers reserves all rights not expressly granted herein in the Service and the Kindred Readers Content (as defined below). Kindred Readers may terminate this license at any time for any reason or no reason.

Our Proprietary Rights

Except for your Content, the Service and all materials therein or transferred thereby (the "Kindred Readers Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Kindred Readers and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Kindred Readers Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Kindred Readers under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Kindred Readers does not waive any rights to use similar or related ideas previously known to Kindred Readers, or developed by its employees, or obtained from sources other than you.

DMCA Notice

 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 our copyright agent. For your complaint to be valid under the Digital Millennium Copyright Act of 1998 ("DMCA"), you must provide the following information in writing:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the site;
  • your address, telephone number, and email address;
  • 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, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Send the above information to our Agent for Notice of claims of copyright or other intellectual property infringement at:

Megan Livermore
Hutchinson Cox
940 Willamette Street, Suite 400
Eugene, OR 97440
541-686-9160
This email address is being protected from spambots. You need JavaScript enabled to view it.

Kindred Readers respects the intellectual property of others, and we expect our users to do the same. Kindred Readers may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers.

Billing and Refund Policy

Some features of Kindred Readers website and Service are provided for a fee or other charge. These fees or charges are described on the site. If you choose to use the paid aspects of our Service, you agree to the applicable pricing, payment and billing policies posted on the website. Kindred Readers may amend fees and charges for existing services or add new services for additional fees or charges at any time at its sole discretion.

You may cancel your Kindred Readers account at any time. However, there are no refunds for cancellation. As permitted under the terms of this Agreement, Kindred Readers has the right at any time for any reason or no reason to suspend or terminate your Account, terminate this Agreement, and/or refuse any and all current or future use of the Service without notice, refund, obligation, or liability to you. In the event that Kindred Readers suspends or terminates your Account or this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your Account, or for anything else. You acknowledge that has the perpetual and irrevocable right to delete any or all of your content and data from our servers and from the Service, whether intentionally or unintentionally, and for any reason or no reason, without any liability of any kind to you or any other party.

DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KINDRED READERS OFFERS THE SERVICES (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE SERVICES) AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT KINDRED READERS DOES NOT GUARANTEE, IMPLY OR PREDICT ANY TYPE OF PROFIT OR RESPONSE FROM THE SERVICE. KINDRED READERS DOES NOT WARRANT THAT THE FUNCTIONS OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY KINDRED READERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KINDRED READERS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE CONTENT AVAILABLE THROUGH THE SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. ALL ASPECTS OF THE SERVICE ARE SUBJECT TO CHANGE OR DELETION AT OUR SOLE DISCRETION.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KINDRED READERS BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SERVICE (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF KINDRED READERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KINDRED READERS IS NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE SERVICE, OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE SERVICE.

Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

To the extent authorized by law, you agree to indemnify and hold harmless Kindred Readers, its employees, officers, directors, affiliates, and agents from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorneys fees, resulting directly or indirectly from or arising out of (a) your violation of the Terms, (b) your use of any of the Service, and/or the Content you make available on the Service.

Privacy Policy

Kindred Readers is committed to responsibly handling the information and data we collect through our Service in compliance with our Privacy Policy, which is incorporated by reference into this Agreement. Please review the Privacy Policy so you are aware of how we collect and use your personal information.By using this Service, you consent to have your personal data transferred to and processed in the United States. We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

Trademark Policy

The Kindred Readers name, logos, icons, and other trademarks may only be used in accordance with our Trademark Policy, which is incorporated by reference into this Agreement. Please review the Trademark Policy so you understand how our trademarks may be used.

Termination

By Kindred Readers: Kindred Readers may modify, suspend, or terminate the operation of, or access to, all or any portion of the Service at any time for any reason. Additionally, your individual access to, and use of, the Service may be terminated by Kindred Readers at any time and for any reason.

By you: If you wish to terminate this agreement, you may immediately stop accessing or using the Service at any time.

Automatic upon breach: Your right to access and use the Service (including use of your account) terminates automatically upon your breach of any of the Terms. 

Miscellaneous Terms

Choice of law: The Terms are governed by and construed by the laws of the State of Oregon in the United States, not including its choice of law rules.

Dispute resolution: The parties agree that any disputes between Kindred Readers and you concerning these Terms, and/or the Service may only brought in a federal or state court of competent jurisdiction in Oregon, and you hereby consent to the personal jurisdiction and venue of such court.

If you are an authorized agent of a government or intergovernmental entity using the Service in your official capacity, including an authorized agent of the federal, state, or local government in the United States, and you are legally restricted from accepting the controlling law, jurisdiction, or venue clauses above, then those clauses do not apply to you. For any such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of New Mexico (excluding its choice of law rules).

No waiver: Either party's failure to insist on or enforce strict performance of any of the Terms will not be construed as a waiver of any provision or right.

Severability: If any part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

No agency relationship: The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and Kindred Readers as a result of the Terms or from your use of any of the Service.

Integration: This Agreement and any applicable Additional Terms constitute the entire agreement between you and Kindred Readers relating to this subject matter and supersede any and all prior communications and/or agreements between you and Kindred Readers relating to access and use of the Service.