TERMS OF USE
1. Definitions
2. General
3. Changed Terms
4. Equipment
5. Client Conduct
6. Disclaimer of Warranty and Limitation of Liability
7. Indemnification
8. Termination

1. Definitions

"Today in Literature" is an on-line service operating on the World Wide Web of the Internet that provides paid subscription-based content to its subscribers.

"Subscribers" refers to all individuals who have access to or receive Today in Literature content and/on services. Subscribers are not entitled to any redistribution, retransmission, or reproduction license(s), except where expressly indicated according to the terms of their agreement with Today in Literature.

"Clients" collectively refers to all "Subscribers".

"Client" refers to each individual "Subscriber" bound by this agreement.

"Readers" refers to people with access to Today in Literature content and/or services via the web site (www.todayinliterature.com), or via authorized uses by Subscribers as per their terms of agreement with Today in Literature.


2. General

(A) This agreement sets forth the terms and conditions that apply to use of Today in Literature content and services by Clients. By using Today in Literature content and/or services, Clients agree to comply with all the terms and conditions hereof. The right to use Today in Literature content and/or services is exclusive to each Client, and is therefore non-transferrable to any other person or entity.

(B) Clients are responsible for all use and activities related to their account. It is the responsibility of each Client to ensure that their account information is up to date. Clients shall be responsible for protecting the confidentiality of account access information such as usernames and passwords, where applicable.

(C) Today in Literature shall have the right at any time to change or discontinue any aspect or feature of its service, including, but not limited to, content, frequency of distribution, and equipment needed for access or use.


3. Changed Terms

Today in Literature reserves the right to change or modify the terms and conditions of service at any time without prior consent of its Clients. Today in Literature reserves the right to impose new conditions and delete existing terms. All changes to the terms shall be effective immediately upon notice to the Clients, which will be performed via e-mail using the contact address provided by the Client. Thereafter, continued use of Today in Literature content and/or services shall be deemed to constitute acceptance by the Client of the modified terms.


4. Equipment

Clients and Readers shall be responsible for obtaining, installing, and maintaining all telephone, computer hardware, computer software, text, HTML, source code, and other devices needed for access to and use of subscription services offered by Today in Literature and all charges related thereto.

Today in Literature shall not be liable for any delays in connection with Today in Literature content or from any damages arising therefrom.


5. Client Conduct

(A) Client shall use Today in Literature content and/or services for lawful purposes only.

(B) Today in Literature offers content and services which are protected under international copyright laws. Clients may not modify, publish, transmit, or reproduce any content obtained from Today in Literature, except as expressly permitted in the Client's written terms of agreement with Today in Literature. Client acknowledges that it does not acquire any ownership rights of any content and/or service accessed or obtained from Today in Literature.

(C) Client shall not upload, exchange, post or otherwise make available any copyright protected material owned by Today in Literature without prior written authorization. Client shall be solely responsible for any damage resulting from the infringement of copyrights.

(D) Paying subscribers of our Premium Membership Service are granted permission to use and distribute Today in Literature within a single classroom for each purchased subscription.

(E) Today in Literature EXPRESSLY PROHIBITS reproduction of any materials via the following means:

  • Newspapers, magazines, television, radio.


  • E-mail and/or e-mail listservs.


  • File transfer protocol (FTP) and Gopher servers, public message boards, internet relay chat (IRC), instant messenging applications, and peer-to-peer file sharing systems.


  • Public or private websites, intranets, or extranets.
See SECTIONS 5(E), 5(F), 5(G) AND 5(H) for additional conditions which apply.

(F) Non-paying subscribers are expressly prohibited from reproducing, retransmitting, or redistributing any and all Today in Literature materials.

(G) Paying subscribers engaging in authorized content reproduction shall not change or modify the material in any way. All content must be displayed in total, as received by the client, with the specified title, source (Today in Literature), and website address (www.todayinliterature.com).

(H) All distribution and classroom-use privileges expire immediately upon termination of this agreement, and/or the expiry of a Client's subscription, whichever comes first.


6. Disclaimer of Warranty and Limitation of Liability

(A) CLIENT EXPRESSLY AGREES THAT TODAY IN LITERATURE CONTENT AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

(B) CLIENT EXPRESSLY AGREES THAT USE OF TODAY IN LITERATURE CONTENT AND/OR SERVICES IS AT CLIENT'S SOLE RISK. TODAY IN LITERATURE DOES NOT WARRANT THAT ITS CONTENT AND/OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. TODAY IN LITERATURE SHALL NOT BE HELD LIABLE FOR ANY ERRORS, OMISSIONS, INTERRUPTIONS, OR DELAYS IN CONNECTION WITH TODAY IN LITERATURE CONTENT, OR FROM ANY DAMAGES ARISING THEREIN.

(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY USE OF TODAY IN LITERATURE CONTENT AND/OR SERVICES, INCLUDING BUT NOT LIMITED TO:

  • PERFORMANCE FAILURE and/or SERVICE DELAY OR INTERRUPTION

  • COMMUNICATION LINE FAILURE

  • ERRORS and/or OMISSIONS

  • COMPUTER VIRUSES and/or COMPUTER WORMS

  • UNAUTHORIZED ACCESS TO INFORMATION

  • THEFT OF INFORMATION


  • CLIENT EXPRESSLY AGREES THAT ALL RISK OF INJURY RESTS ENTIRELY WITH THE CLIENT.

    (D) IN NO EVENT WILL TODAY IN LITERATURE OR ANY PERSON OR ENTITY INVOLVED IN CREATING AND MAINTAINING ITS CONTENT AND/OR SERVICES BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE TODAY IN LITERATURE CONTENT AND/OR SERVICES.

    (E) THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL MATERIALS PRODUCED BY TODAY IN LITERATURE.


    7. Indemnification

    Client agrees to defend, indemnify and hold harmless the directors, officers, employees and agents of Today from and against all claims and expenses, including attorneys' fees, arising out of the use of Today in Literature by Client or Client's Account.


    8. Termination

    Either Today in Literature or Client may agree to terminate this agreement at any time. The provisions of Sections 5(B), 5(C), 5(D), 5(E), 5(F), 5(G), and 5(H) shall survive termination of this Agreement.


    For more information, please contact us.
    October 31, 2014
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