Terms of Service

Effective March 5th, 2021

Description of company services and acceptance of terms of use

Welcome to the Web site www.textopian.com (the "Site"), which is operated by Textopian, LLC ("Company" or "we"). The services Company provides on www.textopian.com include public domain literature content and related reference material, mobile services, and any other features, content, or applications offered from time to time by Company in connection with the Site (collectively, the "Company Services"). Company is based in the United States and the Company Services are hosted in the United States.

Copyrights vary country to country, so you are expected to check the laws of the country where you are located before using any of the texts in the site.

Company furnishes the Site and the Company Services for your personal enjoyment and entertainment. By visiting the Site (whether or not you are a registered member) or using the Company Services, you accept and agree to be bound by this Agreement, including any future modifications ("Agreement"), and to abide by all applicable laws, rules and regulations ("Applicable Law").

Please read through this Agreement carefully.

Company may modify this Agreement at any time, and each such modification will be effective upon posting on the Site. All material modifications will apply prospectively only.

Your continued use of the Site or the Company Services following any such modification constitutes your acceptance and agreement to be bound by the Agreement as so modified. It is therefore important that you review this Agreement regularly.

If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the Company Services immediately. You may receive a copy of this Agreement by emailing us at: admin@textopian.com; Subject: Terms of Use Agreement. Your access to and use of certain Company Services may require you to accept additional terms and conditions applicable to such Company Services, in addition to this Agreement, and may require you to download Software or Content (each as defined below).

Purchasing services or products

If you purchase any service or product on the Site, ("Site Product"), you may be required to provide personal information, including credit card and billing information ("Personal Financial Information"), to an independent third party company (or companies) selected by, but not affiliated with, Company (the "Processor"). Where the Processor is responsible for collecting, transmitting and/or processing your Personal Financial Information and, in some instances, for fulfilling your order, all payment obligations for Site Products shall be governed by the terms of use/service and privacy policy(ies) of the Processor. If you make a purchase from the Site you are warranting that you are authorized to make the purchase using the form of payment card that you provide to the Processor. You must be 18 years of age or older to purchase a Site Product.

Company makes no warranty, and accepts no liability for any loss or damages whatsoever, relating to or in connection with your placement of an order for a Site Product with the Processor. Company provides no refunds for purchases you make on the Site. You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges. You acknowledge and agree that in the event Processor experiences a data breach that affects your Personal Financial Information, Company will in no way be responsible or liable to you for any such breach.

The Company will not store any record of Personal Financial Information related to purchases or other transactions you make through the Company Services. You should therefore maintain records of all your transactions. If you have any questions regarding your transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your Personal Financial Information, you must contact the Processor.

Company content

The Company Services contain information, text, files, images, images, video, sounds, audio works, works of authorship, applications, and any other materials or content (collectively, "Content") of Company ("Company Content"). Company Content is protected by copyright, trademark, patent, trade secret and other laws, and as between you and Company, Company owns and retains all rights in the Company Content and the Company Services. Company hereby grants you a limited, revocable, non-sub-licensable license to access and display the Company Content (excluding any software code), which is intended for your personal, non-commercial use in connection with viewing the Company Site and using the Company Services.

The Company Services may also contain Content of users and other Company licensors. Except as provided in this Agreement or as explicitly allowed on the Company Services, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the Company Services.

Material from the Site may be quoted in any form (written, visual, electronic or audio), up to and inclusive of two hundred (200) verses or three hundred (300) words of non-sacred books text without express written permission of the Company, providing the verses do not amount to a complete section of the given Book nor do the verses quoted account for twenty (20) percent or more of the total text of the work in which they are quoted.

When the text is quoted in accordance with the requirements above, notice of copyright must appear on the title or copyright page or opening screen of the work.

When quotations from the Site are used for non-commercial purposes, such as bulletins, research projects, or similar uses, a complete copyright notice is not required, but at minimum the name of the book and its corresponding version for the translation quoted (i.e. KJV®) must appear at the end of each quotation.

Except as explicitly and expressly permitted by the Company, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the design elements, branding, and trade dress of the Company Content.

This prohibition applies regardless of whether the derivative works or materials are sold, bartered or given away. You may not either directly or through the use of any device, software, internet site, web-based service or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms.

Your use of company services

The Company Services are offered for your personal use only and may not be used for commercial purposes, unless specifically endorsed or authorized by Company. Company reserves the right to remove commercial content in its sole discretion.

You understand that you are responsible for all Content that you post, upload, transmit, email or otherwise make available on, through or in connection with the Company Services (collectively, "User Content"). You understand that the content you post might be publicly available and there may be no way fo the Company to prevent other parties from viewing it or use it in any way.

Accordingly, please choose carefully the information that you post on, through or in connection with the Company Services. You understand that Company does not control the User Content posted by users via the Company Services and, as such, you understand you may be exposed to offensive, indecent, inaccurate or otherwise objectionable Content.

Company assumes no responsibility or liability for this type of Content. If you become aware of misuse of the Company Services, please report this immediately to the Company at admin@textopian.com. The Company assumes no responsibility for monitoring the Company Services for inappropriate Content or conduct.

If at any time, the Company chooses in its sole discretion to monitor the Company Services, the Company nonetheless assumes no responsibility for Content other than Company Content, assumes no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user.

You may use the Service only if you can form a binding contract with the Company, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

While the Company strives to create the most user-friendly and collaborative experience possible, all aspects of the Service are subject to change or elimination at the Company's sole discretion.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. We encourage you to use "strong" passwords (that use a combination of upper and lower case letters, numbers and symbols) with your account. The Company will not be liable for any loss or damage arising from your failure to comply with this instruction. You must notify the Company immediately (at admin@textopian.com) of any breach of security or unauthorized use of your account.

You represent that you are over the age of thirteen (13) years old (or over the age of fourteen (14) years old if you live in Spain or South Korea) (the "Minimum Age"). If you are over the Minimum Age, but under the legal age of majority, your parent or legal guardian must consent to this Terms of Service and Privacy Policy, and affirm that they accept this Agreement on behalf of, and bear all legal and financial responsibility and liability for the actions of, any child between the Minimum Age and majority, and expressly ratify and confirm any acts of any such child and all users of the account.

If you are a group administrator, you have full control and responsibility for who is allowed in your the group, including obtaining permission from parents or legal guardians if needed. You may remove any student or delete the entire group at any time by contacting us at admin@textopian.com.

You agree not to use the Company Services to:

Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; harmful; abusive; pornographic or includes nudity; offensive; harassing; excessively violent; tortuous; defamatory; invasive of another's privacy, publicity, copyright, trademark, patent, trade secret, contract or other rights; false or misleading; obscene; vulgar; libelous; hateful; or discriminatory; Violate the rights of others including patent, trademark, trademark, trade secret, copyright, privacy, publicity or other proprietary rights; Harass or harm another person; Exploit or endanger a minor; Impersonate or attempt to impersonate any person or entity; Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network; Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Company Services, including Company's servers, networks or accounts; Cover, remove, disable, block or obscure advertisements or other portions of the Company Services; Use technology or any automated system such as scripts or bots in order to collect usernames, passwords, email addresses or other data from the Company Services, or to circumvent or modify any security technology or software that is part of the Company Services; Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the Company Services. If you do so, you acknowledge you will have caused substantial harm to Company, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay Company $100 for each actual or intended recipient of such communication; Solicit, collect or request any personal information for commercial or unlawful purposes; Post, upload or otherwise transmit an image or video of another person without that person's consent; Engage in commercial activity (including but not limited to sales, contests, or sweepstakes) without Company's prior written consent; Use the Company Services to advertise or promote competing services; Use the Company Services in a manner inconsistent with any and all Applicable Law; Attempt, facilitate or encourage others to do any of the foregoing.

Company reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by Company in its sole discretion. You acknowledge the Company reserves the right to investigate and take appropriate legal action against anyone who, in Company's sole discretion, violates this Agreement, including but not limited to, terminating their user account and/or reporting such User Content, conduct, or activity to law enforcement authorities.

The Company reserves the right in its discretion to remove any User Content from the Service, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law if you post any User Content that we determine violates these provisions.

You acknowledge, consent and agree that Company may access, preserve or disclose information you provide to the Site, including User Content, when Company has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect or defend the legal rights or property of Company, our parents, subsidiaries or affiliates ("Affiliated Companies"), or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of Users of the Company Services or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or legal process.

FERPA

This section applies only to those users who access the Service in connection with classes offered by your educational agency or institution (the "School") that is subject to the Family Educational Rights and Privacy Act (FERPA). The Company acknowledges that certain information about the School's students is contained in records maintained by the Company and that this information can be confidential by reason of the Family and Educational Rights and Privacy Act of 1974 (20 U.S. C. 1232g) and related School policies unless valid consent is obtained from the School's students or their legal guardians. Both parties agree to protect these records in accordance with FERPA and School policy. To the extent permitted by law, nothing contained herein shall be construed as precluding either party from releasing such information to the other so that each can perform its respective responsibilities.

The Service is not a part of or endorsed by the School. If you create a group for a School class, or use any of the the Company's service or features at a School or class, you represent and warrant that the School associated with or created for such class is valid and that you are validly affiliated with the School.

As part of the Service, the instructor, teacher, professor, group leader or other leader ("Instructor") may use the Company's services to suggest grades for certain activities, such as annotations, but all decisions regarding grading is the responsibility of the Instructor.

Message boards and public forums

The Site may offer users the ability to post public messages on message boards (embedded under book texts) and forums ("Forum"), which may be open to the public generally, to all members of The Site, or to a select group of members to a specific Forum group. You acknowledge that messages posted on such Forums are public, and Company cannot guarantee the security of any information you disclose through any Forum; you make such disclosures at your own risk. Company is not responsible for the content or accuracy of any information posted on a Forum, and shall not be responsible for any decisions made based on such information. The Company reserves the right, but disclaims any obligation or responsibility, to prevent you from posting User Content to any Forum and to restrict or remove your User Content from a Forum for any reason at any time.

Your proprietary rights

Company does not claim any ownership rights in the User Content that you post, upload, email transmit, or otherwise make available on, through or in connection with the Company Services; provided, however, that User Content shall not include any Content posted by a user that is already owned by Company or any Affiliated Company.

By posting any User Content on, through or in connection with the Company Services, you hereby grant to Company and our Affiliated Companies, licensees and authorized users, a perpetual, non-exclusive, fully-paid and royalty-free, sublicensable, transferable (in whole or in part), worldwide license to use, modify, excerpt, adapt, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, and distribute such User Content on, through or in connection with the Company Services or in connection with any distribution or syndication thereof to Third Party Services (as defined below), on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or commercial purposes.

Company's use of such User Content shall not require any further notice to you and such use shall be without the requirement of any permission from or payment to you or to any other person or entity. Company reserves the right to limit the storage capacity of User Content that you post on, through or in connection with the Company Services.

You represent and warrant that: (i) you own the User Content posted by you on, through or in connection with the Company Services, or otherwise have the right to grant the license set forth in this Section, and (ii) the posting of User Content by you on, through or in connection with the Company Services and Third Party Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content posted by you on or through the Company Services or Third Party Services.

Copyrights and other intellectual property

Company respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Company has a policy of terminating repeat infringers' access to the Company Services in appropriate circumstances.

If you believe that any material residing on or linked to from the Site infringes your copyright, please send Company a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Company Services (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) 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; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner's behalf; and (f) your physical or electronic signature.

The Company will process notices of alleged infringement which it receives and will take appropriate actions as required by the Digital Millennium Copyright Act (the "DMCA") and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent via email to the Company's Designated Agent, itself, to the email address admin@textopian.com.

Third party links and services

The Company Services may provide, or third parties may provide, links to other websites, applications, resources or other services created by third parties ("Third Party Services"). When you engage with a Third Party Service, you are interacting with the third party, not with Company. If you choose to use a Third Party Service and share information with it, the Third Party Services may use and share your data in accordance with the Third Party Service's privacy policy and your privacy settings on such Third Party Service. In addition, the third party providing the Third Party Service may use other parties to provide portions of the application or service to you, such as technology, development or payment services. Company is not responsible for and makes no warranties, express or implied, as to the Third Party Services or the providers of such Third Party Services (including, but not limited to, the accuracy or completeness of the information provided by such Third Party Service or the privacy practices thereof). Inclusion of any Third Party Service or a link thereto on the Company Services does not imply approval or endorsement of the Third Party Service. Company is not responsible for the content or practices of any websites other than the Site, even if the website links to the Site and even if it is operated by an Affiliated Company or a company otherwise connected with the Site. By using the Company Services, you acknowledge and agree that Company is not responsible or liable to you for any content or other materials hosted and served from any website other than the Site. When you access Third Party Services, you do so at your own risk. Company encourages you not to provide any personally identifiable information to any Third Party Service unless you know and are comfortable with the party with whom you are interacting.

Disputes: You are solely responsible for your interactions with other Company users, providers of Third Party Services or any other parties with whom you interact on, through or in connection with the Company Services. The Company reserves the right, but has no obligation, to become involved in any way with these disputes.

Privacy: Use of the Company Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

Disclaimers: The Company Services are provided "AS-IS" and "as available" and Company does not guarantee or promise any specific results from use of the Company Services. Company expressly disclaims any warranties and conditions of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In particular, Company makes no warranty that your use of the Company Services will be uninterrupted, timely, secure or error-free or that any information obtained by you on, through or in connection with the Company Services or Third Party Services (including but not limited to, through User Content or third party advertisements) will be accurate or reliable. Under no circumstances will Company be responsible for any loss or damage, including but not limited to, property damage, personal injury or death, resulting from use of the Company Services, problems or technical malfunction in connection with use of the Company Services, attendance at a Company event, any material downloaded or otherwise obtained in connection with the Company Services, any User Content, third party advertisement or Third Party Service posted on, through or in connection with the Company Services, or the conduct of any users of the Company Services, whether online or offline. Your use of User Content, third party advertisements, Third Party Services and the goods or services provided by any third parties is solely your responsibility and at your own risk. User Content, third party advertisements and Third Party Services do not necessarily reflect the opinions or policies of Company.

Limitation on Liability: IN NO EVENT WILL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY'S 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 THE COMPANY SERVICES DURING THE TERM OF YOUR USE OF THE COMPANY SERVICES.

U.S. Export Controls: Software available in connection with the Company Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Company Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

Disputes: The Agreement will be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions. You and Company agree to submit to the exclusive jurisdiction of the courts located in the State of Delaware to resolve any dispute arising out of the Agreement or the Company Services. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.

Indemnity: You agree to indemnify and hold Company, its Affiliated Companies, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site or the Company Services, your breach of this Agreement, your violation of any rights of another or any Content that you post or otherwise submit on, through or in connection with the Company Services.

Unsolicited submissions

Company does not knowingly accept, via the Company Services or otherwise, unsolicited submissions including, without limitation, submissions of blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. Company's policy is to simply delete any such submission without reading it or forwarding it to other Company staff or staff of its Affiliated Companies. Therefore, any similarity between an unsolicited submission and any elements in any Company or Affiliated Company creative work including, without limitation, a film, series, story, title or concept would be purely coincidental. If unsolicited submissions are sent to Company via the Company Services (including but not limited to any public forum), however, such submissions and copyright become the property of Company and may be used, copied, sub-licensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Company sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against Company or Affiliated Company relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.

DMCA Notice

It is the Company's policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify the Company's copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing: (1) An electronic or physical signature of a person authorized to act on behalf of the copyright owner; (2) Identification of the copyrighted work that you claim has been infringed; (3) Identification of the material that is claimed to be infringing and where it is located on the Service; (4) Information reasonably sufficient to permit the Company to contact you, such as your address, telephone number, and email address; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; (6) A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent, making sure you do it both via US Certified mail and also email.

Textopian, LLC
Attn: DMCA Notice
8 The Green, STE A, Dover, DE 19901
Email: admin@textopian.com

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.

Please note that this procedure is exclusively for notifying the Company and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with the Company's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at the Company's sole discretion, members who are deemed to be infringers or repeat infringers.

Disclaimers and Indemnity

Your access to and use of the Service or any User Content is at your own risk. You understand and agree that the Service is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, THE COMAPNY AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any content thereon. The Company will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service, or any User Content. You also agree that the Company has no responsibility or liability for the deletion of, or the failure to store or to transmit, any User Content and other communications maintained by the Service. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Company or through the Service, will create any warranty not expressly made herein.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

If you purchase access to an electronic publication through the Company, you retain access as long as the Company offers the Service and the expiration date listed on the purchase page (if any) has not been reached.

If anyone brings a claim against us related to your actions or User Content on the Service, or actions or User Content by or from someone using your account, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

The Service is controlled and operated from its facilities in the United States. The Company makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

Jurisdiction

You agree that: (i) the Service shall be deemed solely based in Delaware; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over the Company, either specific or general, in jurisdictions other than Delaware. These Terms shall be governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Unless submitted to arbitration as set forth in the following paragraph, any claim or dispute arising in connection with the Service shall be decided exclusively by a court of competent jurisdiction located in Delaware, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

For any claim (excluding claims for injunctive or other equitable relief) under these Terms where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

These Terms, together with any amendments and additional agreements you may enter into with the Company in connection with the Service, shall constitute the entire agreement between you and the Company concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. These Terms supersede and replace any prior agreements between the Company and you regarding the Service. In the event of any conflict between this Agreement (or any portion thereof) and any agreement between the Company and your School, the terms of the agreement with your school shall prevail.

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and the Company's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

General

The failure of Company to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect.

textopian is a trademark of Textopian, LLC.

The Service may contain links to third-party websites, and other resources that are not owned or controlled by the Company. These links do not imply any endorsement by the Company or the assumption of any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website or resource from the Service, you do so at your own risk, and you understand that these Terms and the Company's Privacy Policy do not apply to your use of such links. You expressly relieve the Company from any and all liability arising from your use of any third-party website, service, or content. You acknowledge and agree that the Company is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources.

The Company may contain or be provided together with open source software. Each item of open source software is subject to its own applicable license terms. Copyrights to the open source software are held by the respective copyright holders indicated therein.

This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

You may not use the Services if you do not agree with the these terms.

The section headings contained in these terms are for your convenience only, and do not have any legal meaning or effect.

Please contact us at: admin@textopian.com with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.