You may use the Readability APIs and Readability Content in connection with the products or services you provide (your "Service") to search, display, analyze, retrieve, view, and submit information to or on Readability. You may use the Readability name or logos and other brand elements that Readability makes available in order to identify the source of Readability Content ("Readability Marks") subject to these Terms.
Your use of the Readability APIs and Readability Content are subject to certain limitations on access, calls, and use of the Readability APIs as otherwise provided to you by Readability. If Readability reasonably believes that you have attempted to exceed or circumvent the rate limits, your ability to use the Readability APIs and Readability Content may be temporarily or permanently blocked. Readability may monitor your use of the Readability APIs to improve the Readability service and to ensure your compliance with these Terms.
Unless otherwise expressly permitted by Readability, you will not attempt or encourage others to:
(a) sell, rent, lease, sublicense, redistribute, or syndicate the Readability APIs or Readability Content to any third party for such party to develop additional products or services without prior written approval from Readability;
(b) remove or alter any proprietary notices or marks on the Readability APIs or Readability Content;
(c) use or access the Readability APIs for purposes of monitoring the availability, performance, or functionality of any of Readability's products and services or for any other benchmarking or competitive purposes; or
(d) use Readability Marks as part of the name of your company or Service, or in any product, service, or logos created by you. You may not use Readability Marks in a manner that creates a sense of endorsement, sponsorship, or false association with Readability. All use of Readability Marks, and all goodwill arising out of such use, will inure to Readability's benefit.
(e) extract content, either individually or en masse, for the purpose of republishing, emailing or transmitting such content on the Web including but not limited to the purpose of misappropriating such content or in any way displaying such content as your own.
(f) Extract content for the purpose of publicly republishing it on the web.
(g) take any action that imposes or may impose (as determined by Company in its sole discretion) an unreasonable or disproportionately large load on Readability's (or its third party providers') infrastructure;
(h) interfere or attempt to interfere with the proper working of the Readability Service or any activities conducted on the Readability Service;
(i) bypass any measures Readability may use to prevent or restrict access to the Readability Service (or other accounts, computer systems or networks connected to the Service);
(j) run Maillist, Listserv, any form of auto-responder or "spam" on the Service;
(k) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Readability Service;
(l) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Readability Service, except to the limited extent applicable laws specifically prohibit such restriction;
(m) modify, translate, or otherwise create derivative works of any part of the Readability Service;
(n) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
(o) make requests for content conversion en masse or as part of a batch or or automated process and not originating from a particular individual user's request for the purpose of displaying a reading view.
You may terminate any license in these Terms at any time by ceasing your access to the Readability APIs and use of any Readability Content, and deleting all copies of the Readability APIs and Readability Content as described below. Readability may immediately suspend your access to the Readability APIs or any Readability Content (or if necessary, terminate this agreement with you) at any time, and without notice to you if you breach any term or condition in this agreement or otherwise engage in activities that Readability reasonably determines are likely to cause liability to Readability or may cause damage to content owners and publishers. Readability may also terminate any licenses hereunder for any reason with thirty (30) days notice (including by email to the address associated with your account) to you. Readability will not be liable for any costs, expenses, or damages as a result of its termination of this agreement. Upon termination of this agreement, you will promptly cease accessing and using the Readability APIs and Readability Content and will delete all Readability Content and any information derived therefrom and all copies and portions thereof, in all forms and types of media from your Service. Sections 1(4) and V of these Terms will survive the termination of this agreement.
You may be given access to certain non-public information, software, and specifications relating to the Readability APIs ("Confidential Information"), which is confidential and proprietary to Readability. You may use this Confidential Information only as necessary in exercising your rights granted in these Terms. You may not disclose any of this Confidential Information to any third party without Readability's prior written consent. You agree that you will protect this Confidential Information from unauthorized use, access, or disclosure in the same manner that you would use to protect your own confidential and proprietary information of a similar nature and in any event with no less than a reasonable degree of care.
You expressly acknowledge that Readability, article content owners and end users retain all worldwide right, title and interest in and to the Readability Content, including all intellectual property rights therein. You also acknowledge that as between you and Readability, Readability owns all right, title and interest in and to the Readability APIs, Readability Marks, and the Readability service (and any derivative works or enhancements thereof), including but not limited to all intellectual property rights therein. You agree not to do anything inconsistent with such ownership. Any rights not expressly granted herein are withheld. You agree that you will not challenge Readability's ownership of, the validity of any license to use, or otherwise copy or exploit the Readability Marks during or after the termination of this agreement except as specifically authorized herein. If you acquire any rights in the Readability Marks or any confusingly similar marks, by operation of law or otherwise, you will, at no expense to Readability, immediately assign such rights to Readability.
As between you and Readability, you retain all worldwide right, title and interest in and to your Service, excluding the Readability APIs, Readability Marks, and the Readability Service (and any derivative works or enhancements thereof), including but not limited to all intellectual property rights therein. You may provide Readability with comments concerning the Readability Content or Readability APIs or your evaluation and use thereof. You agree that Readability and its designees will be free to copy, modify, create derivative works, publicly display, disclose, distribute, license and sublicense, incorporate, and otherwise use the feedback, including derivative works thereto, for any and all commercial and non-commercial purposes with no obligation of any kind to you.
Readability may update or modify the Readability APIs, Terms, and other terms and conditions, including the Display Guidelines, from time to time its sole discretion by posting the changes on www.readability.com or by otherwise notifying you (such notice may be via email). You acknowledge that these updates and modifications may adversely affect how your Service accesses or communicates with the Readability APIs. You will have thirty (30) days from such notice to comply with any modifications. If any change is unacceptable to you, your only recourse is to terminate this agreement by ceasing all use of the Readability APIs and Readability Content. Your continued access or use of the Readability APIs or any Readability Content following the 30 day period will constitute binding acceptance of the change.
Representations and Warranties. You represent and warrant that:
(a) you have the necessary power and authority to enter into this agreement, and that the performance of your obligations will not constitute a breach or otherwise violate any other agreement or the rights of any third party arising therefrom;
(b) you will maintain throughout the term of this agreement all rights and licenses that are required with respect to your Service; and
(c) your Service and its use, distribution, sale and license, including the use of any license hereunder, does and will continue to comply with all applicable foreign, federal, state, and local laws, rules, and regulations.
Disclaimer. THE READABILITY CONTENT, READABILITY APIs, AND ANY OTHER READABILITY PRODUCTS AND SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" AND ON AN "AS-AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND. READABILITY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. READABILITY DOES NOT WARRANT THAT THE READABILITY CONTENT AND READABILITY APIs AND ANY OTHER READABILITY PRODUCTS AND SERVICES PROVIDED HEREUNDER WILL MEET ALL OF YOUR REQUIREMENTS OR THAT USE OF SUCH READABILITY CONTENT AND READABILITY APIs BE ERROR-FREE UNINTERRUPTED, VIRUS-FREE, OR SECURE.
IN NO EVENT WILL READABILITY BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE READABILITY APIs, READABILITY CONTENT, OR OTHER READABILITY PRODUCTS AND SERVICES WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, COPYRIGHT, TRADEMARK, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. IN ANY CASE, READABILITY'S AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AGGREGATE FEES YOU PAID FOR ACCESS TO THE READABILITY APIs IN THE LAST YEAR.
You will indemnify, defend, and hold Readability, its subsidiaries, affiliates, officers, and employees, harmless from any and all claims, damages, losses, liabilities, actions, judgments, costs, and expenses (including reasonable attorneys' fees) brought by a third party arising out of or in connection with: (a) any act or omission by you, in connection with your use of the Readability Content, the Readability APIs, or the Readability Marks; (b) your use of the Readability Content, the Readability APIs, or the Readability Marks other than as expressly allowed by this agreement; (c) your breach or alleged breach of any of the terms, restrictions, obligations or representations under this agreement; or (d) your Service; or (e) any copyright or trademark infringement claims. You will assume control of the defense and settlement of any claim subject to indemnification by you. Readability may, however, at any time elect to take over control of the defense and settlement of any such claim. In any event, you will not settle any such claim without Readability's prior written consent.
- If you should have any questions regarding these Terms of Service, contact us at firstname.lastname@example.org.