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Privacy Policy
ToLearnEnglish.com User Agreement
• Terms of Service and Conditions of
Use
• Our Philosophy
• Policies for Individuals Under 13
• Personal and Non-Commercial Use Limitation
• Privacy Policy
• Links to Third Party Sites
• Use of ToLearnEnglish.com Communication
Services
• Information and Materials Provided
to ToLearnEnglish.com
• MultiAuctions Services Particulars
• LIMITATIONS OF LIABILITY AND WARRANTY
• Indemnity
• Support Contact
• Termination/Access Restriction
• General
• Copyright and Trademark Notices
• Trademarks
Terms of
Service and Conditions of Use
Welcome to ToLearnEnglish.com. By using this site, our tools and services -
including MultiChat™ and MultiMessaging areas, news groups, forums, communities,
calendars, electronic mail postings and/or other message or communication facilities
designed to enable you to communicate with the public at large or with a group
(collectively, the "ToLearnEnglish Communication Services"), you agree to the
terms and conditions outlined below. If you do not agree to these terms and
conditions, please do not use this site or the ToLearnEnglish Communications
Services. We reserve the right to change, modify, add or remove portions of
these terms at any time, whenever we want. You are responsible for regularly
reviewing these terms and conditions. If you continue to use the site or the
ToLearnEnglish Communication Services after we have posted changes to the terms,
it means you have accepted those terms.
ToLearnEnglish does not discriminate on the basis of age, gender, or ethnicity. We welcome people of all ages, races, religions, genders, national origins, sexual orientations and points of view to use our Communications Services. We do not tolerate expressions of bigotry, hatred, harassment or abuse, nor will we tolerate threats of harm to anyone.
Because we encourage discussion and exchange of ideas on a global level, we do not allow defamatory, abusive, tasteless or indecorous content or statements. For the same reason, we do not encourage the use of the ToLearnEnglish Communications Services for any sexually explicit purposes. Topics dealing with human sexuality and other similar subjects can be discussed, but in an educational, structured, and monitored environment.
Personal and Non-Commercial Use Limitation
Unless otherwise specified, the ToLearnEnglish Communications Services are for your personal and non-commercial use. Accordingly, you may not post or transmit unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other users of the ToLearnEnglish Communications Services, except in those areas that maybe designated for such a purpose. Furthermore, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the ToLearnEnglish Communications Services, except in connection with the use of the MultiAuctions Services and only as expressly provided in the Services Agreement related thereto.
This site makes chat rooms, forums, message boards, profiles, auction services, instant messaging and/or news groups available to its users. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.
Your right to privacy is addressed in our ToLearnEnglish.com Privacy Policy. You can review a copy of this policy by clicking here. Our Privacy Policy is incorporated herein by reference. By accepting this Agreement, you expressly consent to the use and disclosure of your personally identifiable and other information as described in the Privacy Policy.
The ToLearnEnglish Communications Services may contain
links to or be used by other Web Sites ("Linked Sites"). The Linked Sites are
not under the control of ToLearnEnglish, and ToLearnEnglish is not responsible for the
contents of any Linked Site, including without limitation any link contained
in a Linked Site, or any changes or updates to a Linked Site. If you decide
to link to another site, you do so entirely at your own risk. ToLearnEnglish is not
responsible for webcasting or any other form of transmission received from any
Linked Site. ToLearnEnglish is providing these links to you only as a convenience,
and the inclusion of any link does not imply endorsement by ToLearnEnglish of the
site or any association with its operators. ToLearnEnglish MAKES NO WARRANTY, EXPRESS
OR IMPLIED, AS TO ANY SUCH LINKED SITE INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES
OF THE ACCCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED
SITE. NO UNLAWFUL OR PROHIBITED USE As a condition of your use of the ToLearnEnglish
Communications Services, you warrant to ToLearnEnglish that you will not use the
ToLearnEnglish Communications Services for any purpose that is unlawful or prohibited
by these terms, conditions, and notices. You may not use the ToLearnEnglish Communications
Services in any manner which could damage, disable, overburden, or impair the
ToLearnEnglish Communications Services or interfere with any other party's use and
enjoyment of the ToLearnEnglish Communications Services. You may not obtain or attempt
to obtain any materials or information through any means not intentionally made
available or provided for through the ToLearnEnglish Communications Services.
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Use of ToLearnEnglish.com Communication Services
By participating in any of the ToLearnEnglish Communications Services, you agree to follow the ToLearnEnglish Code of Conduct. The information on that page (and as amended) is deemed to be incorporated into this Agreement by reference. Although this seems obvious, we do not allow any illegal activities. Specifically, we will not allow you to advocate illegal conduct or participate in illegal or fraudulent schemes. By way of example, and not as a limitation, illegal or prohibited activities include the following:
(a) abusive or hateful language (even if symbols are used instead of actual words) used to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others, including but not limited to, personal attacks on others, including attacks on a user's race, religion, gender, sexual orientation, age, weight, disabilities and other identifiable characteristics;
(b) sexually explicit images or pointing to or referencing such images;
(c) Restricting or inhibiting any other user from using and enjoying the ToLearnEnglish Communication Services by engaging in any sort of disruptive behavior in an online event including, but not limited to, scrolling (repeatedly hitting the return key or other key combination);
(d) spamming and other advertising or offers to sell or buy any goods or services for any business purpose, unless a ToLearnEnglish Communication Service specifically allows such messages or solicitation;
(e) harvesting of names and email addresses from other users without their permission; soliciting passwords from other users;
(f) impersonating other users, nonmembers, famous people and ToLearnEnglish personnel;
(g) violating the law (remember our site is a public place accessible from around the world). Examples include:
1.
Copying someone else's works or breaching a nondisclosure agreement;
2. Uploading files
that contain software or other material protected by intellectual property laws
(or by rights of privacy of publicity) unless you own or control the rights
thereto or have received all necessary consents.
3. Posting obscene
or defamatory communications;
4. Postings that
misappropriate another person's name or likeness, or invading a person's right
to privacy, or falsifying or deleting any author attributions, legal or other
proper notices or proprietary designations or labels of the origin or source
of software or other material contained in a file that is uploaded;
5. Violating the
U.S.'s or other countries' export control laws;
6. Downloading any
file posted by another user of a ToLearnEnglish Communication Service that you know,
or reasonably should know, cannot be legally distributed in such manner;
(h) Uploading files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
(i) Violating any code of conduct or other guidelines which may be applicable for any particular ToLearnEnglish Communication Service;
(j) threatening violence.
Postings to our forums and communication in Chat rooms are not reviewed by ToLearnEnglish. Please note that although ToLearnEnglish has no obligation to monitor the ToLearnEnglish Communication Services, ToLearnEnglish reserves the right to edit, delete, or move any postings to MultiBoards and to terminate or suspend access to our chats and other ToLearnEnglish Communication Services for conduct that we believe interferes with other peoples' enjoyment.
Furthermore, ToLearnEnglish reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ToLearnEnglish.com's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any ToLearnEnglish Communication Service. ToLearnEnglish does not control or endorse the content, messages or information found in any Communication Service and, therefore, ToLearnEnglish specifically disclaims any liability with regard to the ToLearnEnglish Communication Services and any actions resulting from your participation in any ToLearnEnglish Communication Service. Managers and hosts of a chat discussion or forum of any sort are not authorized ToLearnEnglish spokespersons, and their views do not necessarily reflect those of ToLearnEnglish.
Materials uploaded to a Communication Service may
be subject to posted limitations on usage, reproduction and/or dissemination,
you are responsible for adhering to such limitations if you download the materials.
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Information and Materials Provided to ToLearnEnglish.com
ToLearnEnglish does not claim ownership of the materials you provide to ToLearnEnglish (including feedback and suggestions). However, by posting, uploading, inputting, providing or submitting your feedback and suggestions you are granting ToLearnEnglish and necessary sublicensees permission to use your feedback and suggestions in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your feedback and suggestions; and to publish your name in connection with your feedback and suggestions .
No compensation will be paid with respect to the use of your feedback and suggestions, as provided herein. ToLearnEnglish is under no obligation to post or use any feedback and suggestions you may provide and may remove such at any time in ToLearnEnglish.com's sole discretion.
By posting, uploading, inputting, providing or submitting your feedback and suggestions you warrant and represent that you own or otherwise control all of the rights to your feedback and suggestions as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the feedback and suggestions.
LIMITATIONS OF LIABILITY AND WARRANTY
THE INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE TOLEARNENGLISH COMMUNICATIONS SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TOLEARNENGLISH AND ITS PARTNERS, ADVERTISERS OR THIRD PARTY CONTENT PROVIDERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE TOLEARNENGLISH COMMUNICATIONS SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE TOLEARNENGLISH COMMUNICATIONS SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS, AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
TOLEARNENGLISH, ITS PARTNERS, ADVERTISERS OR THIRD PARTY CONTENT PROVIDERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE TOLEARNENGLISH COMMUNICATIONS SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TOLEARNENGLISH AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL TOLEARNENGLISH AND/OR ITS PARTNERS, ADVERTISERS OR THIRD PARTY CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE TOLEARNENGLISH COMMUNICATIONS SERVICES, WITH THE DELAY OR INABILITY TO USE THE TOLEARNENGLISH COMMUNICATIONS SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE TOLEARNENGLISH COMMUNICATIONS SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE TOLEARNENGLISH COMMUNICATIONS SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TOLEARNENGLISH OR ANY OF ITS PARTNERS, ADVERTISERS OR THIRD PARTY CONTENT PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE TOLEARNENGLISH COMMUNICATIONS SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE TOLEARNENGLISH COMMUNICATIONS SERVICES.
As a user of the ToLearnEnglish Communications Services, you agree to defend, indemnify, and hold harmless ToLearnEnglish and any third-party information provider against any and all claims and expenses, including attorneys' fees, arising out of your use of the ToLearnEnglish Communications Services. This expressly includes: (i) your responsibility for any and all liability arising from the violation or infringement of proprietary rights or copyrights and (ii) any libelous or unlawful material contained within you profiles, postings, chat comments or submissions. ToLearnEnglish reserves the right to terminate your use of the ToLearnEnglish Communication Services if ToLearnEnglish determines that you have infringed on any third party copyrights.
In addition, you agree to defend, indemnify and hold
harmless ToLearnEnglish against all claims, losses, liabilities, damages, costs,
and expenses, including reasonable attorneys' fees, which ToLearnEnglish may incur
as a result of claims in any form attributable in any way to: (a) your information
displayed on or through our site, (b) your actions during the auction process,
(c) the goods or services you sell via our site, or (d) your actions with respect
to another ToLearnEnglish user (whether on the site or not).
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Should you have any questions about the ToLearnEnglish Communications Services, please contact us at Laurent.Camus@ToLearnEnglish.com
Termination/Access Restriction
ToLearnEnglish reserves the right, in its sole discretion, to terminate your access to any or all ToLearnEnglish Communications Services and the related services or any portion thereof at any time, without notice. ToLearnEnglish may delete any and all information, communications, postings, or submissions for online conduct that ToLearnEnglish believes is harmful to other users, the business of ToLearnEnglish, or other third-party information providers.
Use of the ToLearnEnglish Communications Services
is unauthorized in any jurisdiction that does not give effect to all provisions
of these terms and conditions, including, without limitation, this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship
exists between you and ToLearnEnglish as a result of this Agreement or use of
the ToLearnEnglish Communications Services. ToLearnEnglish.com's performance
of this Agreement is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of ToLearnEnglish.com's right to
comply with governmental, court and law enforcement requests or requirements
relating to your use of the ToLearnEnglish Communications Services or information
provided to or gathered by ToLearnEnglish with respect to such use. If any part
of this Agreement is determined to be invalid or unenforceable pursuant to applicable
law including, but not limited to, the warranty disclaimers and liability limitations
set forth above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches the intent
of the original provision, and the remainder of the agreement shall continue
in effect. Unless otherwise specified herein, this Agreement constitutes the
entire agreement between the user and ToLearnEnglish with respect to the ToLearnEnglish
Communications Services and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written, between the user and ToLearnEnglish
with respect to the ToLearnEnglish Communications Services. A printed version
of this Agreement and of any notice given in electronic form shall be admissible
in judicial or administrative proceedings based upon or relating to this Agreement
to the same extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form.
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Copyright and Trademark Notices
Everything you see or read on this site is owned by us or used with permission. You may not copy, use, or retransmit anything from our site without our express written permission. Furthermore, you are not allowed to post or distribute any material you do not own or which you do not have permission to use. Violation of this policy may result in copyright, trademark, or other intellectual property rights violation and subject you to civil or criminal penalties.
Any rights not expressly granted herein are reserved.
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