Last modified: August 21, 2019
User Agreement with Rosen Publishing
1. IMPORTANT - READ THESE TERMS CAREFULLY BEFORE USING THE PRODUCT OR ACCESSING THE CONTENT ON THIS WEBSITE. BY ACCESSING THE PRODUCT OR THE CONTENT CONTAINED THEREIN, YOU ACKNOWLEDGE AND REPRESENT THAT YOU ARE AN AUTHORIZED USER, THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS.
2. This Agreement constitutes the agreement between The Rosen Publishing Group, Inc. (“Rosen”) and you as a user who accesses or establishes a connection to LevelUp.
3. By using LevelUp, you (the “User”) agree to abide by all of the terms and conditions of this Agreement and shall be deemed to have accepted them, which you acknowledge to have read and understood. You must abide by all of the provisions of this Agreement in order to access and remain an authorized user of LevelUp. You are solely responsible for your use of LevelUp and for ensuring that your use complies fully with the provisions of this Agreement. If you do not agree to any of this Agreement, you may not enter, view, or make use of LevelUp
4. Rosen shall invoice you for its charges for the content and access to LevelUp pursuant to your purchase and you agree to pay such charges within the time period set forth in the invoice for such charges.
5. The entire contents of LevelUp, its features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Rosen, its licensors or other providers of such material, unless otherwise indicated. The entire content of LevelUp is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
6. Rosen reserves the right to change, add, or remove portions of this Agreement at its sole discretion at any time, but if it does so, it will post such changes to this website. Any changes to this Agreement take effect immediately after being posted to LevelUp. Your use of LevelUp shall be deemed agreement to these changes.
7. Rosen reserves the right to restrict access to any portion of LevelUp by any user, to disable any username, password, or other identifier, whether chosen by Rosen or you, at any time, if Rosen determines you have violated the terms of this Agreement.
8. You are responsible for making arrangements and pay all third-party fees that give you Internet access to LevelUp.
11. You agree to not disclose to any other person or entity, your username, password, or any other piece of information used as part of the LevelUp security procedures or any other information regarded as confidential.
12. You agree to not allow any other person to access LevelUp using your username, password, or any other piece of information used as part of the LevelUp security procedures.
13. You agree to notify Rosen immediately of any unauthorized access to LevelUp using your username, password, or any other piece of information used as part of the LevelUp security procedures.
14. LevelUp may provide users an opportunity to contribute content such as ideas and information. The ideas and information posted do not necessarily reflect the views of The Rosen Publishing Group, Inc. Rosen expressly disclaims any responsibility or liability for any material communicated by third parties through these pages or for any claims, damages, or losses resulting from the use thereof.
15. Rosen has the right to remove or refuse to post any User contribution for any or no reason at its sole discretion.
16. Rosen has no obligation to review any User contribution. Rosen makes no representations or warranties of any kind that objectionable material will be removed in a prompt manner.
17. Rosen has the right to disclose your identify or other information about you to any third party who claims that material posted by you violates their rights, including their property rights or right to privacy.
18. Rosen has the right to take appropriate legal action, including referral to law enforcement, for any illegal use of LevelUp. Rosen has the right to fully cooperate with law enforcement authorities or court orders requesting or directing Rosen to disclose the identity of other information of anyone posting User contributions to LevelUp. You waive any right and hold harmless Rosen (and its employees, associates or agents, or anyone else who has been involved in the creation, production, or delivery of the content of LevelUp) from any claims resulting from any action taken by any of the foregoing parties during or as a result of its investigations and from any actions taken as a consequence of investigations by such parties or law enforcement authorities.
19. While posting User contributions to LevelUp:
20. You may not post, transmit, or otherwise distribute any material that may be unlawful, obscene, hateful, discriminatory, defamatory, violent, threatening, infringing on any copyright or any other rights of others, or damaging to software or hardware.
21. You may not advertise or solicit without the express permission of Rosen.
22. You may not impersonate any person or misrepresent your identity or affiliation with any person or organization.
23. You represent and warrant that you own and control all rights to any User contributions to LevelUp. You understand and acknowledge that you are responsible for any User contributions you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
24. You grant Rosen and its affiliates and service providers, and each of their licensees, successors and assigns, the right to use, reproduce, modify, create derivative works, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
25. You grant Rosen the right, which it may or may not exercise, to review, edit, or delete any material that it deems to be inappropriate or in violation of this Agreement and to deny access to anyone who violates this Agreement.
26. This Agreement permits you to use LevelUp for your personal, non-commercial use only. You may not reproduce, distribute, transmit, copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material included in LevelUp, except as follows:
27. Rosen permits you to use LevelUp to create “Minibooks” and/or make a reasonable number of copies of “Minibooks” solely for educational and noncommercial purposes or for your own personal use, provided you retain all copyright and other proprietary notices. For the avoidance of any doubt “Minibooks” shall mean those titles for which the software expressly allows users to download the content to a printer, for reproduction of the content as seen on LevelUp.
28. Modification of the content or use of the content for any other purpose would constitute a violation of Rosen’s and/or its licensor’s copyright, trademark, and other proprietary rights.
29. You are prohibited from republication, retransmission, or reproduction of the content for any commercial purpose. You may not reconfigure or repurpose, outside the context of its intended use, any content with the intention of making that content available via mobile telephony technology.
30. You may not republish, post, transmit or in any way distribute LevelUp content, including without limitation the copying of LevelUp content, for the purpose of posting it to your website or a third-party website without the written permission of Rosen. You may seek permission by writing to Rosen Publishing, 29 East 21st Street, New York, New York 10010.
32. You may not use illustrations, photographs, graphics, or any video or audio sequences separately from the accompanying text.
33. You may not access, or grant access to, LevelUp for any commercial purpose.
34. You may not use malware, reverse engineering, hacking, or other tools to decompile LevelUp or any of its functions and features.
Jurisdiction and Waiver of Liabilities
35. The use of LevelUp is at your sole risk. Rosen shall have no liability for any loss, damage, cost, claim, or penalty of whatsoever nature suffered, including but not limited to indirect and consequential damages and loss of profits, however arising out of or in connection with this Agreement or LevelUp and whether caused by latent or patent defects in LevelUp, the use of LevelUp and information contained on LevelUp, or otherwise.
36. You agree to indemnify and hold Rosen (and its subsidiaries, affiliates, licensors, and service providers and their directors, officers, employees, contractors, agents, licensors, suppliers, successors and assigns) harmless from any claim, liability, penalty, demand, damage, judgment, award, loss, costs, expense or fee, including reasonable attorneys’ fees, asserted by any third party in relation to any act or omission by you or your members, employees, representatives, agents or assigns or any third party in relation to LevelUp and the use thereof by you, and/or arising from the provisions of this Agreement.
37. Neither Rosen nor any of its employees, agents, third-party content providers, associates, or licensors warrant that use of LevelUp will be uninterrupted, error-free, or that the pages or the server that makes them available are free from viruses, worms, or other harmful components.
38. Rosen may contain links to other related Internet sites, resources, and partners of Rosen. Rosen is not responsible for the availability of these outside resources or their contents and is not undertaking any responsibility or liability for information or publications of third parties even if you access them through these pages.
39. Rosen makes no assurances regarding the accuracy of the results or output that derives from the use of tools, utilities, and reporting mechanisms contained in LevelUp.
40. LevelUp and its content are provided “As Is.” Except to the extent required by applicable law, Rosen makes no representations or warranties of any kind with respect to LevelUp or its contents with regard to accuracy, currency, completeness, or results obtains by accessing and using the content contained on LevelUp.
41. In no event shall Rosen, its employees, associates or agents, or anyone else who has been involved in the creation, production, or delivery of the content be liable for any direct, incidental, or consequential damages such as, but not limited to, loss of anticipated profits, benefits, use, or data resulting from the use of LevelUp. These limitations apply regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility of such damages. You specifically acknowledge and agree that Rosen (and any of its employees, agents, third-party content providers, or licensors, and their respective directors, officers, employees, and agents) is not liable for any defamatory, offensive, or illegal conduct of any user, including you.
42. You agree to defend, indemnify, and hold harmless The Rosen Publishing Group, Inc (and any of its employees, agents, third party content providers, associates or licensors, and their respective directors, officers, employees, and agents) from and against all claims, liability, and expenses, including attorneys’ fees and legal fees and costs, arising out of your use of LevelUp. Rosen reserves the right, in its sole discretion, to assume the exclusive defense and control of any matter subject to indemnification by you. You will cooperate as fully as reasonably required in the defense of any claim.
43. This Agreement, your performance under it, and any disputes arising under it shall be governed exclusively by the laws of the United States of America and the State of New York, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the Courts of the State of New York, with venue in New York City, in any and all actions, disputes, or controversies relating to this Agreement.