(Updated by the ETS Legal Team on May 28, 2019)
This App is provided by Educational Testing Service in order to help users improve their reading skills.
If you downloaded the App from the Apple App Store: These Terms incorporate by reference Apple’s Licensed Application End User Agreement, for purposes of which you are the “end user”.
If you downloaded the App from the Google Play Store: These Terms incorporate by reference Google’s Android Market Terms of Service.
If you acquired the App from the ETS website: These Terms apply.
1. General Information
2. Accepting the Terms
You may not Use the App if you (or your parent or teacher, if you are under age 18) do not agree to be bound by these Terms or if you are otherwise prohibited from Using the App under any applicable laws, statutes, ordinances, or regulations.
You must have access to the Internet, certain necessary software, and, if applicable, compatible mobile devices in order to Use the App. Fees and charges may apply to your use of the Internet and, if applicable, the mobile services. You agree that you are solely responsible for any such fees.
3. Usage Data
You acknowledge and agree that ETS will collect and use the Usage Data as needed to provide the App to you and for other purposes as described in these Terms.
ETS does not require Users to provide any Personal Information when they use the App. When you use the App, ETS collects Usage Data that does not contain any individual identifiers, including information about your engagement with the App, voice recordings of passages read, and survey data (collectively, “Research Data.”) ETS will not (and will not permit any third party to) associate your identifiers or other Personal Information with the Research Data. ETS may modify Usage Data to remove any Personal Information or other information that may be used to identify you or any other individual in order to create additional Research Data.
You authorize ETS to use the Research Data for any lawful purpose, and you disclaim all rights or interests in the Research Data by or through these Terms. You acknowledge that ETS may use, modify, incorporate or otherwise exploit your Research Data in any media whatsoever, now known or later invented, throughout the world for the purposes of conducting research or analyses, including designing, developing, implementing, modifying and/or improving new, current, or future features, products, and services of ETS. You hereby disclaim any right to any compensation from ETS in connection with ETS’ exercise of its rights in and to the Research Data.
4. Optional Additional Information
ETS may request that you submit additional information that may include whether you are a student, your proficiency in English, and your feedback on a particular book. You understand and agree that providing such information is entirely voluntary and is not required or necessary for your Use of the App. If you elect to provide such information, you acknowledge and agree such information shall be considered Usage Data and ETS will own and may use such information in accordance with these Terms.
5. License Grant
Subject to these Terms, ETS grants to you a worldwide, nonexclusive, non-transferable, non-sublicensable license to Use the App, including any all patches, updates, or upgrades or improvements provided by ETS from time to time, solely for your (and your students’ or child’s) personal and noncommercial use.
6. Restriction on Use
Any Usage Data, the App and any content included in the App or results produced by Use of the App, including, but not limited to, voice recordings, text, names, data, graphics, logos, icons, images, code, methods, techniques, models and software, and all copies, modifications, enhancements and derivative works thereof, are the sole and exclusive property of ETS or its licensors/providers and are protected by the patent, copyright, trademark and trade secret laws of the United States.
ETS may terminate these Terms and/or terminate, change, suspend or discontinue any aspect of the App, including the availability of any features or functionalities of the App at any time, for any reason, without liability or notice to you.
You may terminate your Use of the App by uninstalling the App.
Sections 1 (General Information), 2 (Accepting the Terms), 3 (Usage Data), 7 (Ownership), 9(No Warranties or Liability), 10 (Export and Import) and 11 (Governing Law and Jurisdiction) will survive termination of these Terms.
9. No Warranties or Liability
THE APP AND ITS CONTENT, FEATURES AND FUNCTIONALITY ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. ETS, ITS LICENSORS/PROVIDERS AND THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE APP, ITS CONTENT, FEATURES AND FUNCTIONALITY AND ASSUME NO RESPONSIBILITY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS IN CONNECTION WITH YOUR USE OF THE APP.
ETS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS AND WARRANTIES REGARDING ACCURACY, TIMELINESS, COMPLETENESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
WITHOUT LIMITATION TO THE FOREGOING, ETS DOES NOT WARRANT THAT THE OPERATION OF THE APP WILL BE ERROR FREE OR UNINTERRUPTED OR BE PROVIDED OR AVAILABLE WITHOUT INTERRUPTION, OR THAT DEFECTS OR ERRORS CAN OR WILL BE CORRECTED OR THE APPROPRIATENESS OF THE APP FOR ANY PARTICULAR SYSTEM OR ACCURACY OF THE APP’S CONTENT OR RESULTS OR THAT THE USE OF THE APP WILL NOT CAUSE DAMAGE TO YOUR MOBILE PHONE AND/OR COMPUTER (AS APPLICABLE), INTERFERE WITH THE USE OF YOUR MOBILE PHONE AND/OR COMPUTER (AS APPLICABLE), OR CAUSE LOSS OF USAGE DATA OR OTHER DATA FROM YOUR MOBILE PHONE AND/OR COMPUTER (AS APPLICABLE).
IN NO EVENT SHALL ETS BE LIABLE TO YOU FOR ANY CLAIM, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES OR LOSS OF ANY KIND INCLUDING LOSS OF PROFITS, LOSS OF CONTRACTS, BUSINESS INTERRUPTIONS, OR LOSS OF OR CORRUPTION OF DATA, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT OR TORT OR OTHERWISE, INCLUDING NEGLIGENCE, AND ANY LOSS OR DAMAGE RELATED TO ANY THIRD-PARTY SOFTWARE, THAT ARISES OUT OF OR RELATES TO YOUR USE OF THIS APP, ITS CONTENT, FEATURES AND FUNCTIONALITY.
10. Export and Import
The App is provided solely for lawful purposes and use. You are solely responsible for, and agree to comply with, all applicable laws, statutes, ordinances, regulations and other governmental authority, however designated, with respect to the Use of the App, including without limitation United States government laws, regulations, orders or other restrictions regarding export from the United States of software, technical data and information or derivatives of such software, or technical data and information.
11. Governing Law and Jurisdiction
You agree that any claim, action or proceeding arising out of these Terms, or your Use of the App, shall be governed by and construed in accordance with the laws of the United States and the State of New Jersey, without regard to principles of conflict of laws. Any claim, action or proceeding related to these Terms will be resolved exclusively in the state or federal courts located in the State of New Jersey and you consent to the jurisdiction of those courts.