3D Reader (“3D Reader” or “Services”) is a web application provided by X-Cell Synergy, LLC (“Company”or “We” or “Us”) that serves as a computer assistant for students in connection with developing speedreading skills, displaying text in an unconventional way, organizing content, taking notes, and generating index cards.
By accessing and using the Service, you represent that you are: i) 16 years of age or older; and ii) are using the Services for informational, non-commercial, and personal use only.
You are granted a non-exclusive, limited license to use the Services. Your access to and use of 3D Reader is conditioned upon your acceptance of and compliance with the applicable terms,conditions, and notices (“Terms and Conditions”) and our Privacy Policy, which is hereby incorporated by reference. We may modify these Terms and Conditions at any time at our discretion by posting a revised version of these Terms and Conditions on our Website.
User should read these Terms and Conditions carefully to understand the conditions under which you, the “User,” are granted access to 3D Reader. Use of related online products and features may require User's acceptance of additional terms and conditions.
1. Payment Policy
Upon registration, you choose either a monthly or annual subscription fee for the amount indicated on the purchase page. Fees paid are not refundable.
2. Cancellation Policy
By You: You may cancel your subscription to the Service at any time and your access will terminate at the end of your term (either monthly or annually No refund shall be processed for early termination of the Service.
By Us: We may terminate your access to the Service for breach of these Terms and Conditions. In this event, you will not be refunded any fee paid.
In the event we discontinue providing the Service as a functional platform for any reason, your subscription will be cancelled and you will not be charged any additional fees. If you purchased an annual subscription, you will receive a pro-rated refund for the unused term up to a maximum of 50% of the annual amount paid.
3. User Account
User is provided 1GB of aggregated data storage. This means User has access to load books until the 1 GB is filled up. User will receive a password and account designation upon completing the 3D Reader registration process. User is responsible for maintaining the confidentiality of User's password and account and is fully responsible for all activities that occur under User's password or account. User agrees to immediately notify Company of any unauthorized use of User's password or account or any other breach of security.
Under no circumstances shall User use the Services to post, transmit or otherwise make available any information or material that is or may be:
false, libelous, defamatory, fraudulent or otherwise unlawful or tortious or has any fraudulent or other unlawful or tortious purpose or effect;
threatening, harassing, degrading, hateful or intimidating, or that otherwise fail to respect the rights and dignity of others;
obscene, indecent, pornographic or otherwise objectionable;
protected by copyright, trademark, design rights, trade secret rights, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner (See End-User Content and Prohibitions section below);
used to impersonate any other individual or entity or falsely state or otherwise misrepresent User’s affiliation with any person or entity;
a national or state secret, classified information or any other information or material (including any photograph, drawing, plan or model) that is subject to official confidentiality treatment;
secret codes, countersigns, crypto-currency, passwords or other similar information;
used for advertising, spam, an offer to sell or buy any goods or services, a “chain letter” or any other form of solicitation; or
use for malware purposes (such as a virus, worm, Trojan horse, Easter egg, time bomb or spyware) or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, limit the use of, or monitor the use of, any hardware, software or equipment;or
used to interfere with or disrupt the operation of the Services or the servers or networks
4. End-User Content and Prohibitions.
The Services enables User to enter and upload content that is subject to third party copyrights (such content shall be referred to herein as the “End-User Content”). This software only works with PDF and DOCX books at the moment, other formats will be announced as they become available. User is solely responsible for User’s use of the End-User Content and may only use the End-User Content in a manner consistent with the exercise of good judgment and applicable law. By accessing the Service, User represents that the End-User Content belongs to you (or you have the right to use), your use will not violate the rights of others, and that you are using the content for permissible purposes under the U.S. Copyright Act, 17 U.S.C. § 101 et seq.
User agrees:
The use of End-User Content is for informational, non-commercial and personal use only and will not be copied or posted on any network computer or broadcast in any media for disclosure to any other party;
Any modifications to the Content are transitory in nature and are made solely for personal use and educational purposes and User will not reproduce, modify, adapt, translate, port or create derivative works of all or any portion of the End-User Content or Services except as expressly permitted by applicable law;
To not sublicense, distribute, transmit, sell, lease, rent, loan or otherwise make available all or any portion of the End-User Content or Services to a third party or provide any functionality of the Services to a third party; and
To not remove any copyright, trademark, confidentiality or other proprietary rights notice from any End-User Content or any material related to the Services;
If User is having difficulty deciding whether User’s intended use is appropriate, or whether User needs written permission, or whether other legal issues should be considered, We strongly encourage you to seek independent legal counsel. We will not assist User in making this determination, nor can We provide legal advice as to intellectual property rights or privacy laws. Use for any other purpose is expressly prohibited and may result in severe civil and criminal penalties.
f User or User’s legal counsel determines that User is required by law to obtain written permission to use portions of the End-User Content, User must request permission for reproduction, redistribution, or modification of the End-User Content from the appropriate owner of the subject materials. If, on the other hand, User or User’s legal counsel determines it is permissible to proceed and include EndUser Content, User shall indemnity, hold harmless, and defend the Company from all claims, damages, attorneys’ fees, costs, and lawsuits that arise from, or result from, User’s use or distribution of any and all End-User Content.
5. No Warranty
Company does not control the End-User Content and does not guarantee the accuracy, integrity or quality of End-User Content. Under no circumstances will Company be liable in any way for any End-User Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any End-User Content.
COMPANY PROVIDES THE SERVICES “AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. COMPANY SPECIFICALLY DISCLAIMS ANY MPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IF SUCH DISCLAIMER OF ANY IMPLIED WARRANTY IS NOT PERMITTED BY LAW, THE DURATION OF ANY SUCH IMPLIED WARRANTY IS LIMITED TO NINETY (90) DAYS FROM THE DATE OF PURCHASE.
6. Limitation of Liability
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH USER’S USE OF THE SERVICES, COMPANY'S SITE, OR THESE TERMS AND CONDITIONS, UNDER ANY THEORY OF LIABILITY WHATSOEVER WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. COMPANY ASSUMES NO RESPONSIBILITY FOR UNLAWFUL USE OF THE SERVICE; VIOLATION OF ANY COPYRIGHT OR ANY OTHER LAW; OR MISUSE OF THE CONTENT WHETHER DUE TO UNAUTHORIZED USE OF 3D READER OR OTHERWISE. COMPANY'S SOLE LIABILITY RELATED TO THE SALE OF 3D READER AND USER'S EXCLUSIVE REMEDY UNDER THESE TERMS AND CONDITIONS SHALL BE LIMITED TO A REFUND OF THE AMOUNTS PAID SUBJECT TO SECTION 2 ABOVE AT COMPANY'S SOLE DISCRETION OR TERMINATION OF THE SERVICE.
7. Indemnity
User agrees to indemnify and hold Company and its affiliates, officers, directors, agents, employees, successors and assigns, harmless from any claim or demand, including reasonable attorneys' fees, whether direct or indirect, made by any third party arising out of or incurred as a result of any acts or omissions of User including, but not limited to, User's use of the Service; User’s breach of this Agreement; or User's violation of any law or the rights of a third party.
8. Privacy Policy
Registration data and certain other information about or provided by User is subjectto Company's Privacy Policy, which can be found at http://www.3D Reader.com/privacy.html All collection, use, and disclosure of data collected will comply at all times with all applicable laws and regulations governing privacy, data security and the protection of personal information and handled subject to Company's privacy policy.
Company will protect the data collected from 3D Reader as indicated in Company's privacy policy; however, User and User should note that the collected data may be deemed discoverable for investigations or litigation purposes and, as such, Company and/or its affiliates may be required to provide the data to others as required by law.
Do Not Upload or Disclose Sensitive Personal Information
Please be aware that the data storage functionality associated with the Services is NOT suitable for the storage of Social Security numbers, credit or debit card numbers, financial account numbers, driver’s license numbers, medical information or health insurance information; data about personal characteristics or other personal information, such as race or ethnic origin, religion or philosophical beliefs, political affiliation or opinions, genetic or biometric data, sexual orientation or trade union membership; or other information that may expose, or pose a risk of harm to, an individual if improperly disclosed or used (collectively, “Sensitive Personal Information”). Except as expressly required by Services (for example, to purchase a subscription), User will not upload or otherwise make available to Company any Sensitive Personal Information, including any files containing Sensitive Personal Information, in connection with User’s use of the Services.
9. Data Collection, Use, and Disclosure
User provides certain information to Company in connection with the use of the Service. This information includes Participant’s name, email address, PayPal information and mobile telephone number for text messages pertaining to the Services. By using the Services, User consents to being contacted by text messaging, including assuming any telephone carrier charges. User provides Company with access to data collected and consents to its use as outlined in Company's privacy policy.
10. Intellectual Property
The Services’ functionality, features, contents, graphics, site design, logos, icons and images of 3D Reader are the exclusive property of Company. The Service is protected by international copyright, trademark and other laws (“Proprietary Rights”) and may not be used in connection with any product or service without our prior written consent. 3D Reader material, whether included on in the application, software or provided electronically, including text, graphics, code and/or software, may not be modified, copied, reproduced, republished, uploaded, posted,transmitted, or distributed in any manner without Company's written consent. User may print and download portions of material from 3D Reader software and websites solely for User's own noncommercial use provided that User agrees not to change or delete any copyright or proprietary notices from the materials. User agrees to grant to Company a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information User submits to any public areas of the 3D Reader website or 3D Reader websites hosted by Company.
The End-User Content uploaded into 3D Reader belongs to the copyright holder and Company assumes no rights in such End-User Content. See End-User Content section above. Any trademarks displayed is owned by the respective trademark owner.
11. Links to Other, Third-Party Web Sites
Our Service may contain links to third party web sites or services that may offer you products, services or other content (“Third-Party Sites”). These ThirdParty Sites are not owned or controlled by Company or our affiliates.
If you click on certain promotional offers provided to you on our Site, the links will take you to ThirdParty Sites. Not all offers are available in all areas and they subject to change without notice. Provider restrictions may apply. We do not warrant the offerings of any of these promotions. We do not provide any product or service associated with these third-party offerings. All products and services are provided by the applicable provider identified. We may receive compensation or other benefits in connection with these promotions.
We have no control over, and assume no responsibility for the content, privacy policies, pricing or practices of any Third-Party Site or third-party provider. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, products, goods or services available on or through any such Third-Party Site.
We strongly advise you to read the terms and conditions and privacy policies of any Third- Party Sites that you visit.
To the extent that we link to Third-Party Sites that offer pricing, please know that their products or services may be mispriced, described inaccurately, or unavailable and we cannot guarantee the accuracy or completeness of any information found on Third-Party Sites
12. Governing Law
These Terms and Conditions shall be governed by the laws of the State of New Jersey without reference to its conflict of laws provisions. User consents to exclusive jurisdiction of state and federal courts sitting in the State of New Jersey.
If you have any questions regarding these Terms and Conditions, you may contact us at legalinfo@3dreader.com.