Last updated: March 23, 2018
Welcome
Welcome to the User Agreement for HelpMeReader.com. Williams Hollow LLC ("Williams Hollow", "We", or "Us") provides this User Agreement to describe the terms on which you may access and use our website, related content, and mobile applications (collectively, "HelpMeReader Services"). All access to HelpMeReader Services is under a limited license which may be terminated as set forth herein. In order to use HelpMeReader Services, you must read and accept all of the terms and conditions of this User Agreement and our Privacy Policy. In the event of any inconsistency between the Privacy Policy and this User Agreement, this User Agreement shall control. Nothing in this User Agreement shall be deemed to confer any third-party rights or benefits. If you do not agree to be bound by the terms of this User Agreement, you may not use HelpMeReader Services.
We reserve the right to amend, change or modify this User Agreement at any time, and without prior notice to Users, by posting amended terms on this Site. Your continued use of the Site indicates your acceptance of the User Agreement, as amended from time-to-time.Description of HelpMeReader Services
HelpMeReader Services is a Software-as-a-Service intended to assist readers with pronunciation. We provide online tools to authors to make audible books available for purchase to assist with this endeavor.Restrictions on Use
Use of the Service is void where prohibited by law, regulation or rule and any use or attempted use in violation of any applicable law, regulation or rule is strictly prohibited. If you are under 18, you may use HelpMeReader Services only with the involvement of a parent or guardian. By using HelpMeReader Services, you agree to and abide by all of the terms and conditions of this Agreement. If you violate any of these terms in this User Agreement or circumvent (or attempt to circumvent) any security or technological measure of HelpMeReader Services, your limited license to access and use HelpMeReader Services automatically terminates. We may terminate your use of HelpMeReader Services and delete any content or information that you have posted to the HelpMeReader Services and/or prohibit you from using or accessing the HelpMeReader Services (or any portion, aspect or feature of HelpMeReader Services) for any reason, at any time in our sole and absolute discretion, with or without notice.Copyright
All content included in or made available through any HelpMeReader Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Williams Hollow or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any HelpMeReader Services is the exclusive property of Williams Hollow and protected by U.S. and international copyright laws.User Conduct
You represent and warrant to the Company and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the HelpMeReader Services will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree not to harvest or collect email addresses or other contact information of Users from the HelpMeReader Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from HelpMeReader Services for any purpose.
You further agree that you may not use HelpMeReader Services in any unlawful manner or in any other manner that could harm, poison, cause physical injury, endanger, damage, disable, overburden or impair HelpMeReader Services, the Company or other users. In addition, you agree not to use HelpMeReader Services to:- post any item encouraging, condoning or glamorizing under-age drinking, drunk-driving, or excessive consumption of alcoholic beverages;
- restrict or inhibit any other user from using and enjoying the Site;
- post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, nation, or international law;
- post or transmit comments containing harassing or offensive language;
- post or transmit any information, software, or other material which is an invasion of privacy or publicity rights or which is protected copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;
- post or transmit any information, software or other material which contains a virus or other harmful component;
- post or transmit content that encourages or provides instructional activities about illegal activities;
- post, transmit, or in any way exploit any information, software, or other material for commercial purposes or which contains advertising;
- solicit other users to join, become members of, or contribute money to any online service or organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users; and/o
- impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity
User Content Posted on the Site
You are solely responsible for the content that you upload, publish or display (hereinafter, "post") on or through HelpMeReader Services, or transmit to or share with other users (collectively the "User Content"). You understand and agree that the Company may, but is not obligated to, review and delete or remove (without notice) any User Content in its sole discretion, including without limitation User Content that in the sole and absolute judgment of the Company violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others.Links to Other Websites and Content
HelpMeReader Services contains (or you may be sent through the HelpMeReader Services) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software and other content belonging to or originating from third parties (the "Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through HelpMeReader Services or any Third Party Content posted on HelpMeReader Services, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of or linking to any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave HelpMeReader Services and access the Third Party Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from HelpMeReader Services.User Disputes
You are solely responsible for your interactions with other users. We reserve the right, but have no obligation, to monitor disputes between you and other users.Privacy
We care about the privacy of our Users. Click here to view the Company’s Privacy Policy. By using HelpMeReader Services, you are consenting to have your personal data transferred to and processed in the United States.Disclaimers
The Company is not responsible or liable in any manner for any User Content or Third Party Content posted on or in connection with HelpMeReader Services, whether posted or caused by Users of HelpMeReader Services or by any of the equipment or programming associated with or utilized in HelpMeReader Services. Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post on HelpMeReader Services and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on HelpMeReader Services or in connection with any User Content or Third Party Content. The Company is not responsible for the conduct, whether online or offline, of any User of HelpMeReader Services.
HELPMEREADER SERVICES ARE PROVIDED "AS-IS" AND “AS AVAILABLE” AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF HELPMEREADER SERVICES. COMPANY DOES NOT REPRESENT OR WARRANT THAT CONTENT OR MATERIALS ON THE HELPMEREADER SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT HELPMEREADER SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.Limitation on Liability
IN NO EVENT WILL COMPANY OR ITS DIRECTORS, MEMBERS, CONTRACTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF HELPMEREADER SERVICES, INABILITY TO USE HELPMEREADER SERVICES OR ANY OF THE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH HELPMEREADER SERVICES, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY, WHETHER FOR BREACH OF CONTRACT, TORT, OR OTHERWISE, CAUSED; ANY FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; FILE CORRUPTION; COMMUNICATION-LINE FAILURE; NETWORK OR SYSTEM OUTAGE; OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR HELPMEREADER SERVICES DURING THE MOST RECENT TWELVE (12) MONTHS, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR HELPMEREADER SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
You agree to defend, indemnify and hold harmless the Company, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees) arising out of or related to (i) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (ii) your use of HelpMeReader Services, including any intentional or unintentional error, mistake, or misrepresentation made by you in connection with your use of HelpMeReader Services, (iii) any non-compliance or violation by you with the terms and conditions of this User Agreement, or (v) any claims brought by persons or entities arising from or related to your access and use of HelpMeReader Servoces, including information obtained through any offered services, sell sheets or brochures.