Terms of Service

Legal Restrictions and Terms of Use Applicable to this Site

Welcome! By using www.learningthroughlistening.org (“LTL”) site or other Recording for the Blind & Dyslexic® (RFB&D) services ("RFB&D Services"), you agree to the following terms and conditions (the "Terms of Use").

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. If you do not agree to these terms of use, please do not use the site.

The following legal restrictions and terms of use apply to LTL and any other site owned and/or operated by or on behalf of Recording for the Blind & Dyslexic, Incorporated (RFB&D) or any of its subsidiaries, that states that it is governed by these Terms of Use and/or links to these Terms of Use (the sites and entities collectively referred to herein as " LTL " and "RFB&D" and/or “we” respectively).

USE OF CONTENT

This site is owned and operated by RFB&D and/or, in the case of certain features, its third party service providers, and unless otherwise indicated, the contents of LTL are the property of RFB&D and are protected, without limitation, pursuant to US and foreign copyright and trademark laws. No material from LTL may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download one copy of the materials on any single computer for educational or your personal non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of RFB&D's copyright, trademark, and trade secret rights and other proprietary rights. For purposes of these Terms of Use, the use of any such material on any other website or networked computer environment is prohibited.

In the event you download software from the site, the software including any files, images incorporated in, or generated by, the software and data accompanying the software (together, the "Software") are licensed to you by RFB&D. RFB&D does not transfer title to the Software to you. As between you and RFB&D, RFB&D retains full and complete right, title and interest in and to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Software.

You hereby grant RFB&D and its agents and licensees a worldwide, royalty-free, fully-paid, perpetual, non-exclusive license to use, including without limitation the right to copy, publish, perform, display and distribute and/or adapt, any material you upload to, distribute through or post on LTL, including without limitation, via message boards, chat rooms and/or blogs or any other features on LTL, in whole or in part, alone or in combination with other material, in any and all media, now known or hereafter devised.

Submissions

Visitors may not submit others' copyrighted works without first obtaining permission from the owner. You acknowledge that you are responsible for any content posts or materials submissions you make to LTL, and are liable for any damage resulting from any infringement of proprietary rights or any other harm. By posting content or submitting material, you grant LTL the unrestricted and perpetual right to reproduce, modify, publish and distribute the content by electronic and/or other means without further permission, notice or compensation.

Message Boards (Forums)

We at LTL are not responsible for any messages and material, including lesson plans, posted. We do not vouch for or warrant the accuracy, completeness or usefulness of any message and/or material and are not responsible for the contents of any message and/or material. The messages express the views of the author of the message, not necessarily the views of this site or RFB&D. Although the administrators and moderators of LTL forums will attempt to keep all objectionable messages off this forum, it is impossible for us to review all messages. Any user who feels that a posted message is objectionable is encouraged to contact us immediately by e-mail. We have the ability to remove objectionable messages, and we will make every effort to do so, within a reasonable time frame, if we determine that removal is necessary.

You agree, through your use of this service, that you will not use this site to post any material which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy or otherwise violative of any law. You agree not to post any copyrighted material unless the copyright is owned by you or by this site. (See Submissions for additional guidelines.) Although this site does not and cannot review the messages posted and is not responsible for the content of any of these messages, we at this site reserve the right to delete any message for any or no reason whatsoever.

RFB&D reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Forums at any time for any reason without prior notice or liability. Without limiting the preceding sentence, your access to the forums will be suspended, in appropriate circumstances, if you post materials that infringe the intellectual property rights of others. RFB&D may change, suspend or discontinue all or any aspect of the forums at any time, including the availability of any feature, database, or content, without prior notice or liability.

Please note that advertisements, chain letters, pyramid schemes and solicitations are inappropriate on the forums and will be subject to removal.

USER ACCOUNTS

Certain portions of LTL may ask you to create an account. If you choose to create such an account, you agree to provide only true, accurate, current and complete information. You further agree to accept all responsibility for all activities that occur under your account or password, if any, and that you will not sell, transfer or assign your account or allow others to use it. You are responsible for maintaining the confidentiality of any user name and/or password that may assigned to or selected by you so that others may not access any members-only or password-protected portions of LTL using your account and/or identity. RFB&D reserves the right, at will, in its sole discretion and without notice to you, with or without cause, to terminate your account and/or to restrict your access to all or part of LTL for any reason, without limitation.

USER CONDUCT

Derogatory, harmful or unlawful conduct is not permitted on LTL. Users are not permitted to upload to, distribute through or otherwise publish through LTL any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law. Unauthorized commercial messages and/or public announcements are not allowed on LTL. Unauthorized collection and/or use of e-mail addresses via LTL are also not allowed.

Please be aware that generally, information you post on, upload to or distribute through a message board, chat room, blog or any similar feature will be accessible by other users of LTL. Please be sure that any such information is information that you are comfortable sharing with the public.

Users are solely responsible for the content of their messages including without limitation the content of lesson plans created by teachers using the site, message board postings and/or comments made in chat rooms and/or any other features on LTL. RFB&D is not responsible for the content or accuracy of any information posted, uploaded or transmitted by users of LTL including without limitation the content of lesson plans created by teachers using the site message board postings and/or comments made in chat rooms and/or any other features on LTL. You acknowledge that RFB&D may or may not pre-screen and/or monitor content posted on LTL, and that RFB&D shall have the right to remove, edit, move or close, in whole or in part, any thread or posting in any chat room and/or similar feature on LTL at any time for any reason, at RFB&D’s sole discretion.

You hereby agree to comply with all laws that apply or may apply to your use of or activities on LTL and any rules of conduct on LTL or use of specific features and/or services offered thereon that may be posted on LTL, whether in these terms of use or otherwise, from time to time.

Privacy

At RFB&D we recognize that privacy is important. Our full privacy policy is available on this site and is incorporated into these terms by reference.

Product Descriptions

RFB&D attempts to be as accurate as possible. However, RFB&D does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current or error-free. If a product offered by RFB&D itself is not as described, your sole remedy is to request a refund according to the established refund policy.

NO PERSONAL ADVICE

Any informational materials provided on LTL, including without limitation the opinions and/or recommendations of any authors and/or moderators, are not intended to substitute for any professional educational, medical, legal, psychiatric, employment or other advice. Without limitation of the Disclaimer paragraphs set forth below, RFB&D makes no representations or warranties regarding, and expressly disclaims any and all liability concerning, any action by any person that is following the information offered or provided within or through LTL. If you have concerns or a situation in which you require professional advice, then you should consult with an appropriately qualified professional in the relevant field.

THIRD PARTIES

Your correspondence and dealings with third parties including without limitation job seekers, employers and/or advertisers that you encounter via LTL are solely between you and such entity. You agree that RFB&D shall not be responsible or liable for any dispute, loss or damage of any sort incurred as a result of any such dealings. In addition, you acknowledge that RFB&D does not endorse, verify, or make any representations regarding any third party advertisements, products or services and does not confirm that each user of LTL is who the user claims to be. It is your sole responsibility to research and verify the legitimacy of any organization, individual or prospective employer advertising on LTL, and you are solely responsible for your decision to submit personal information to any third party, whether in connection with potential employment or otherwise.

Intellectual Property Policy

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. It is our policy to respond to clear notices of alleged copyright infringement.

To file a notice of infringement with us, you must provide a written communication (by fax or regular mail) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights, trademarks or other intellectual property. Accordingly, if you are not sure whether material available online infringes your intellectual property, we suggest that you first contact an attorney.

To expedite our ability to process your request, please use the following format:

1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon (for example, "The copyrighted work at issue is the text that appears on http://www.website.com/page.html") or other information sufficient to specify the copyrighted work being infringed (for example, "The copyrighted work at issue is the “Title” by Mary Jones, published by Jones Publishing, ISBN #0987654321").

2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.

3. Provide information, if possible, sufficient to permit us to notify the owner of the allegedly infringing web page or other content (user name or e-mail address is preferred).

4. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent or the law."

5. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

6. Sign the paper.

7. Send the written communication to the following address:

Recording for the Blind & Dyslexic

Office of the President

20 Roszel Road

Princeton, NJ 08540

OR fax to: 609-987-8116

Regardless of whether we may be liable for such infringement under local country law or United States law, our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected content so that they may make a counter notification. We may also document notices of alleged infringement on which we act.

Disclaimers

This notice offers highlights of RFB&D’s full LIMITATION of Warranties and Liabilities Policy, which describes in detail the limitation of liability and disclaimer of warranties practices that apply to RFB&D's websites services and products.

The materials on this site are provided "as is" and without warranties of any kind either express or implied. RFB&D will not be liable for any damages or injuries that result from your use of this site, or from materials that are downloaded from this site. The information in this site is given in good faith, and believed to be correct at the time of the last edit. Visitors expressly agree that use of the service is at the visitor's sole risk. RFB&D, to the fullest extent permitted by law, disclaim all warranties, including the warranty of non-infringement of proprietary or third party rights, and the warranty of fitness for a particular purpose. RFB&D makes no warranties as to the accuracy, reliability, completeness, or timeliness of the material, services, text, graphics and links. RFB&D does not warrant the functions, information or links contained on LTL will meet your requirements or produce the expected or promised results.

RFB&D disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed on the LTL. RFB&D disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. RFB&D disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the LTL site.

Software or downloadable material under this agreement is under no kind of warranty. Software or downloadable material under this agreement is provided as is and isn't guaranteed in any way by the authors. Use this software or downloadable material at your own risk.

RFB&D does not endorse or approve any products or material offered at sites you reach through links. When you access a third party's website, it is independent from RFB&D and we have no control over the content on that website (see “Disclaimer of Endorsement” for additional guidelines). Because the Internet is constantly changing, visitors are encouraged to carefully evaluate links before visiting them with children.

LIMITATION of Warranties and LiabilitIes Policy

Limitation of Warranties

THE LTL, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED ON THE LTL ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH NO WARRANTIES WHATSOEVER. RFB&D EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS. RFB&D DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE LTL AND ITS CONTENTS. RFB&D DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE RFB&D SITE. RFB&D DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON LTL OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT LTL, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF LTL OR ITS CONTENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT LTL OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. RFB&D DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON LTL IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT RFB&D) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE LTL AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL RFB&D BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE LTL OR RFBD’S SERVICES ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, (EVEN IF RFB&D HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE LTL AND SERVICES, FROM INABILITY TO USE THE LTL AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE RFB&D’S SITE AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE LTL OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE LTL, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE LTL OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE LTL. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE LTL AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED TO OR RELATED IN ANY WAY TO THE LTL. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

IN NO EVENT SHALL RFB&D'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT OR NOT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING LTL.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall RFB&D be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Disclaimer of Endorsement

Materials posted on this server contain hypertext links or pointers to information created and maintained by other public and private organizations. These links and pointers are provided for the user's convenience. The RFB&D does not control or guarantee the accuracy, relevance, timeliness, or completeness of this outside information. Further, the inclusion of links or pointers to particular items in hypertext is not intended to reflect their importance; nor is it intended to endorse any views expressed or products/services offered on these outside sites or the organizations sponsoring the sites.

INDEMNIFICATION

By using LTL, you agree to indemnify, defend and hold harmless RFB&D from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys' and other legal fees and costs) arising out of or relating to: (1) your violation of these Terms of Use or any law, rule or regulation; (2) a claim that is based on your use of any content on LTL; or (3) any material uploaded by you or through your computer to LTL or otherwise sent by you to RFB&D. You will cooperate as fully and reasonably as required by RFB&D in the defense of any claim. RFB&D reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of RFB&D.

VENUE AND APPLICABLE LAW/JURISDICTIONAL ISSUES

These Terms of Use will be governed by and construed and interpreted in accordance with the laws of the State of New Jersey, without giving effect to its conflict of laws provisions or your actual state or country of residence. You and RFB&D each agree to submit to the exclusive jurisdiction of and venue of the courts in the State of New Jersey in any legal proceeding necessary to interpret or enforce these Terms of Use or any part of these Terms of Use

LTL is controlled and operated by Recording for the Blind & Dyslexic (RFB&D) from its offices in New Jersey, United States of America. RFB&D makes no representation that materials on LTL are appropriate or available for use in other locations. Those who choose to access LTL from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from LTL may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders; or (iii) in any other manner that violates U.S. law. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

PERMISSION FOR REPRINTS

All material on LTL, without limitation, is protected by US and foreign copyright and trademark laws. In order to request permission to reprint any material on LTL (outside of personal, non-commercial use), please write to: LTLinfo@rfbd.org

PERMISSION FOR WEB LINKING

If you link to LTL, you may only link to the home page, and the link must be in plain text, unless otherwise approved in writing by RFB&D. Any such link must not damage, dilute or tarnish the goodwill associated with RFB&D and/or any RFB&D intellectual property, nor may the link create the false appearance that your website or organization is sponsored, endorsed by, affiliated or associated with RFB&D, and you may not “frame” LTL. You may not link to LTL from any website that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts or that is otherwise inappropriate in RFB&D’s sole discretion. RFB&D reserves the right, in its sole discretion, to terminate any link from any website.

To request permission to place a link from your web site to LTL, please send your name, address, website URL, and nature of the website to: LTLinfo@rfbd.org.

Miscellaneous Provisions

If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable, the remainder of the Terms of Use will continue in full force and effect.

These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by RFB&D.

Contacting the Website

If you have any questions about the practices of this site, or your dealings with this site, you can contact: LTLinfo@rfbd.org.

Changes in Terms and Conditions

RFB&D may add, change, discontinue, remove or suspend any portion of LTL at any time, without notice. We may modify or terminate our services from time to time, for any reason, and without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Use from time to time without notice. Please review these Terms of Use from time to time so that you will be apprised of any changes.

Most recently updated April 2007.

 

Copyright © 2007 Recording for the Blind & Dyslexic, Incorporated.

Recording for the Blind & Dyslexic® • RFB&D®
"Learning Through Listening," the Heart and Headphones Design, and all trademarks and trade names are proprietary to Recording for the Blind & Dyslexic, Incorporated

National Headquarters • 20 Roszel Road • Princeton, NJ 08540

Use of this site signifies your agreement to the terms of use.
Send questions, comments, and suggestions to LTLinfo@rfbd.org.