TERMS OF USE

PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

BY USING THE SERVICES, YOU AGREE TO EACH OF THE TERMS SET FORTH BELOW.

IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH BELOW, DO NOT USE THE SERVICES FOR ANY PURPOSE.

What You Must do:

You must (a) maintain and protect the confidentiality of your password and not disclose your password to any other person, nor use the username and password of any other person for the purpose of logging on to the ReadGive Site as another person or otherwise accessing another person’s member profile; (b) ensure that all details provided by you correctly describe you as an individual person, and not any other real individual or fictional character; and (c) not include in your member profile any information that we expressly require to be excluded from member profiles, for example, without limitation, any telephone numbers or street addresses.

Collection and Use of Information

In connection with using some features of the Services, you will need to provide us with various information, which may in some cases be provided to us through third party services or websites.

You agree not to use another's account information without permission. You agree to provide accurate and complete account information as requested by us. You are solely responsible for the activity that occurs in connection with your account information, and you must keep any account passwords secure. Although ReadGive will not be liable for your losses caused by any unauthorized use of your account information, you may be liable for the losses of ReadGive or others due to such unauthorized use.

PERSONAL CONSENT AND RELEASE

1. Consent. In return for the ability to participate in the ReadGive Program, I hereby assign and transfer to ReadGive and its agents, affiliates, licensees, assigns and contractors (collectively, ReadGive) all my right, title and interest, including moral rights, in and to any information provided by me in connection with the Program, including, but not limited to, stories, text, and images, including photographs, pictures and likenesses of me or in which I may be included ("Works"). In the event I have any right in the Works which cannot be assigned, I further agree to waive enforcement worldwide of such right against ReadGive and hereby exclusively grant ReadGive a royalty free license to all such rights in the Works worldwide with the right to sublicense. I hereby further grant ReadGive the absolute, perpetual and irrevocable right and permission, with respect to the Works:

a) To copyright the same in their own name or any other name that they may choose.

b) To use, publish, broadcast and otherwise exploit the same in whole or in part, individually or in conjunction with other items, in any medium and for any purpose whatsoever, including (but not by way of limitation) illustration, education, promotion, advertising and trade, and

c) To use my name or any other personally identifiable information provided by me in connection with my participation in the program in connection therewith if they so choose.

2. Waiver. I hereby waive all right to inspect or approve the version of the Works used by ReadGive and release ReadGive from any and all liability resulting from any distortion, blurring or alteration of the images or any editorial revisions, changes or errors in the information.

3. Acknowledgement. I agree that I am not entitled to any financial or monetary compensation in return for my submission of Works to ReadGive or for this Consent. I am aware that I have the right to refuse to sign this Consent. I understand and intend that the Works may be published to the general public and that personal information contained therein or provided by me in connection with my participation in the Program may be publicly disclosed and may no longer be protected by privacy regulations. I warrant that the Works I submit are true and correct and that use, publication, reproduction and distribution of the Works by ReadGive will not violate any third party's rights.

4. Release. I hereby release and discharge ReadGive from any and all claims, demands, actions, and causes of action, of whatever kind or character, whether in law or equity, as well as costs and expenses thereof, including attorneys' fees, arising out of or in connection with the use of the Works or any personal information I provide to ReadGive in the course of my participation in the Program, including any and all claims for libel.

Submissions / Content

Through some of the Services, you may be allowed to provide content (any such content is referred to herein as “Content”), for example by posting or linking to materials or providing comments for others to see. If you post, link to or otherwise provide any Content, you guarantee, represent and warrant to us that:

• You have legal rights to post, link to or otherwise provide such Content and it will not violate any law or the rights of any person;

• While you or the rightful owner of the Content retain all of ownership rights in the Content, you give us (and have the necessary rights to give us) the royalty-free, irrevocable, perpetual, transferable, sub-licensable, worldwide right to allow other people to view the Content as described in these Terms; and to use, distribute, modify, display, publicly perform, and create derivative works from the Content, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you, consistent with the purposes and function of the Services;

• You are entirely responsible for all Content you post, link to, upload, e-mail, transmit, provide or otherwise make available by and/or through the Services;

• You have the written consent, release, and/or permission of each and every identifiable individual person in the Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Content in the manner contemplated by the Services and these Terms; and

• For all Content, including all information and materials of any kind, including graphics, sounds, text, posted, linked to or otherwise provided by any users of our Services, you understand that we are not responsible for the truth, completeness, objectivity, or usefulness of such Content, nor do we endorse any Content; we do not verify the identity of people using our Services; and we do not screen, monitor, edit or review Content before it appears on our Services. We do have the right, in our sole discretion, to monitor or remove any Content at any time and without notice if we believe that such Content violates the rights of any third party otherwise violates applicable law or the removal of such Content will improve our Services. We can also suspend or terminate use of the Services by anyone who does not follow these Terms. Nevertheless, because we do not prescreen Content, you understand that by using our Services, you may be exposed to Content that is offensive or objectionable.

Copyrights

The Services are owed by ReadGive and/or its licensors and protected by applicable law, with all rights reserved. ReadGive takes the protection of intellectual property rights, including copyrights, very seriously. If you infringe or misappropriate the intellectual property rights, including copyrights, of others, ReadGive will terminate your access to, or use of, the Services without notice to you.

Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 501 et seq., copyright owners or their authorized agents may submit a complaint of alleged copyright infringement to ReadGive if they have a good-faith belief that their protected works are being infringed. ReadGive will respond to all such notifications that are sent to: ReadGive, Sears Tower - ReadGive, 233 S Wacker Drive Floor 84, Chicago, IL 60606-6338 or at info@readgive.com.

To be effective, the notification must be a written communication that includes:

• A physical or electronic signature of a person authorized to act on behalf of the owner of a right that is allegedly infringed;

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single Website are covered by a single notification, a representative list of such works at that Website;

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Website provider to locate the material;

• Information reasonably sufficient to permit the Website provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

• A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of such notification, ReadGive shall promptly investigate the matter, and, if appropriate, remove or disable access to the allegedly infringing material. After ReadGive removes or disables access to such material, if such material was posted by a user of the Services, ReadGive will notify the party that posted the material of its action. Such party may then provide ReadGive’s designated agent proper "counter-notification" stating his, her or its authority to post the allegedly infringing material, which ReadGive will forward to the alleged copyright owner. ReadGive will inform the alleged copyright owner that ReadGive will repost the removed material or cease disabling access to it in ten to fourteen business days unless the alleged copyright owner sends a second notification to ReadGive’s designated agent stating that it has filed suit against the alleged infringer.

An effective counter-notification must be sent to ReadGive’s designated agent, whose name and address are listed above. The notice must include the following information:

• The counter-notifying party's physical or electronic signature;

• Identification of the material that has been removed or disabled and the location where the material was before its removal or disablement;

• A statement, under penalty of perjury, that the party has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and

• The counter-notifying party's name, address, phone number, and a statement that the party consents to the jurisdiction of the federal court in its district, or if the subscriber is foreign, it consents to any jurisdiction where ReadGive is subject to jurisdiction, and that the subscriber will accept service of process from the person who provided ReadGive with notification or an agent of such a person.

Trademarks

ReadGive and our other graphics, logos, designs, headers, icons, scripts and service names are registered trademarks, trademarks or trade dress of ReadGive in the U.S. and/or other countries. Our trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Other trademarks are the property of their respective owners.

The ReadGive Site is not for children.

We strive to create a truly safe place for children on the Internet and over the airwaves. Parental control protections (such as computer hardware, software or filtering Services) are commercially available that may assist parents in limiting access to content that may be harmful to minors. By using the ReadGive Site, you represent that you are at least 13 years of age. If you are not yet 13 years, you must leave and cease all use of the ReadGive Site. If you need parental or other consent to enter into a legally binding agreement based on the Terms, you represent that you have obtained such consent.

Third Party Services

The Services may contain links to other third party websites or services, which links may appear to embed the content hosted by those other websites or services into various interfaces of the Services. Your use of such other websites or services is subject to the terms of use, if any, governing the use of such websites or services. ReadGives is not able to control these third party websites or services, and assumes no responsibility for their content, privacy policies, or practices. If there is any conflict between the Terms set forth below and any terms or notices set forth with respect to any other websites or services, then the terms of such other websites or services will control your use of those websites or services. Please review the terms of use for each website and service so that you understand all of the terms that will apply. By using the Services, you expressly relieve ReadGive from any and all liability arising from your use of any third party websites or services whether or not linked to the ReadGive Site.

Conduct of Registered Users and Visitors

To help everyone have a positive experience when using the Services, we ask, and you agree, to follow the following basic rules of conduct when using the Services:

(1) You will follow these Terms and all applicable laws;

(2) You will never give your password or account information to anyone (no ReadGive employee will ever ask for it).

(3) You will not harass, threaten or abuse other people when using the Services in any manner;

(4) You will not interfere with others' use of the Services or act in a way that negatively affects other users' enjoyment of the Services;

(5) You will not upload, post, e-mail or otherwise make available any Content that is obscene or may be hateful or offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful; or is defamatory, libelous, or invades another person's privacy or proprietary rights, including any patent, trademark, trade secret, or copyrights of any party;

(6) Advocates racism, hatred or physical harm of any kind toward any person (including harassment, stalking or threats of physical harm) or otherwise violates the rights or interest of others;

(7) Advocates the commission of illegal acts:

(8) Displays pornographic or sexually explicit material of any kind;

(9) You will not attempt to harvest any screen names of e-mail addresses for any commercial use;

(10) You will not collect or store personal information about any other individual on the Services, or otherwise stalk, repeatedly contact or harass another user;

(11) You will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with ReadGive; similarly, you will not adopt a false identity if the purpose of doing so is to deceive or defraud another;

(12) You will not use the Services to harm minors in any way, or encourage interactions with minors of a sexual nature;

(13) You will not manipulate the Services so as to hide your identity or participation in the Services (by using another person's identity, changing headers, or otherwise modifying any other possible identifier);

(14) You will not post any Content that contains any viruses, cancel bots, Trojan horses, harmful code, or other computer programs or code designed to interrupt the Services, users' ability to enjoy the Services, or the proper functioning of any software, hardware or equipment or materials used in connection with the Services; and

(15) You will not send any bulk unsolicited advertising, promotional information, e-mail or other solicitation (including without limitation junk mail, "spam," chain letters or pyramid schemes of any sort) to any person through the use of the Services

If you violate any of the guidelines set forth above, or any other aspect of these Terms, we reserve the right to suspend or terminate your rights to use the Services without giving you any notice. In the event that your rights to use the Services are terminated, you will immediately lose access to any information that may be connected with your account or otherwise related to your use of the Services. YOU UNDERSTAND THAT READGIVE IS NOT RESPONSIBLE FOR YOUR INABILITY TO ACCESS any information that may be connected with your account or otherwise related to your use of the Services FOR ANY REASON, WHETHER IT BE BECAUSE OF TERMINATION OF YOUR ACCOUNT; SOFTWARE, HARDWARE, OR INTERNET PROBLEMS OR ERRORS OR ANY OTHER REASON.

Indemnity

YOU UNDERSTAND THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR WHILE USING THE SERVICES AND FOR ALL CONTENT PROVIDED IN CONNECTION WITH YOUR ACCOUNT INFORMATION, AND AGREE TO INDEMNIFY AND HOLD READGIVE AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS FROM AND AGAINST ANY LOSS, DAMAGE, LIABILITY, COST OR EXPENSE OF ANY KIND (INCLUDING ATTORNEYS' FEES) THAT WE MAY INCUR IN CONNECTION WITH A THIRD PARTY CLAIM OR OTHERWISE, IN RELATION TO YOUR USE OF THE SERVICES, THE CONTENT PROVIDED IN CONNECTION WITH YOUR ACCOUNT INFORMATION (WHETHER CONTRIBUTED BY YOU, LINKED BY YOU OR OTHERWISE), OR YOUR ACCESS TO THE SERVICES, OR YOUR VIOLATION OF ANY OF THESE TERMS OR THE RIGHTS OF ANY THIRD PARTY.

Disclaimer of Warranties

YOU UNDERSTAND THAT YOUR USE OF THE SERVICES (INCLUDING ANY DOWNLOADS AND ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE IN CONNECTION WITH THE SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SERVICES AND ALL INFORMATION, PRODUCTS, SERVICES AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS, SERVICES AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT READGIVE MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU UNDERSTAND THAT READGIVE DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT.

TO THE FULLEST EXTENT PERMITTED BY LAW, READGIVE DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS, SERVICES AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS, SERVICES AND CONTENT) INCLUDED IN OR ACCESSIBLE IN ANY WAY FROM, THROUGH OR BY THE SERVICES.

Liability Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL READGIVE OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO, TAMPERING WITH OR TRANSMISSION OF YOUR PERSONAL INFORMATION OR COMMUNICATIONS, IN ANY WAY ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, EVEN IF READGIVE HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.

Access Restrictions; Termination

We can terminate your access to the Services at any time. We may also remove or delete any Content that you provide without cause and without notice to you.

We can also change these Terms at any time, and your continued use of the Services after any such change we will mean that you agreed with all such prior changes. Notice to you may be made by displaying notices or links to notices generally on the Services. IN THE EVENT THAT YOU DO NOT AGREE TO ANY CHANGE, DO NOT ACCESS OR USE THE SERVICES IN ANY MANNER FOR ANY PURPOSE.

Termination is your sole and exclusive remedy

Your sole and exclusive remedy related to any dissatisfaction with the ReadGive Site or our performance of our obligations under these Terms is termination of your member account and use of the ReadGive Site.

Miscellaneous

These Terms constitute the complete and exclusive statement of agreement between you and ReadGive and replace and supersede all prior written and oral agreements or statements between you and ReadGive relating to your use of the Services.

If any part of these Terms is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that part shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such part shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining Terms shall remain in full force and effect.

All questions concerning the construction, validity, and interpretation of these Terms and the performance of the obligations imposed by these Terms shall be governed by the internal law, not the law of conflicts, of the State of California.

By accepting these Terms, you hereby consent to the exclusive jurisdiction of the state and federal courts sitting in California in any action on a claim arising out of, under or in connection with these Terms, provided such claim is not required to be arbitrated pursuant to these Terms. Venue shall lie only in the County of Fresno, California.

The parties shall submit all disputes, claims or demands of any kind relating to or arising out of these Terms or use of the Services to binding arbitration in accordance with the rules and regulations of the American Arbitration Association, except that the provisions of the California Code of Civil Procedure, Section 1283.05 shall be adopted and used with respect to the conduct of discovery prior to any such arbitration. Arbitration shall take place in Fresno, California, or at such other place as the parties may agree. The arbitration award shall be supported by written conclusions of law and fact. Punitive damages shall not be permitted under any circumstances.

Application may be had by any party to any court of general jurisdiction for entry and enforcement of judgment based on the arbitration award. Despite any other provisions of this paragraph, either party may maintain, for the purpose of obtaining a provisional remedy or provisional relief, any underlying action or claim on which such affirmative relief may be based. The court, pending arbitration of claims, shall stay the prosecution of such party’s underlying claims on which any provisional remedies or relief is based.