Terms and Conditions of Use
These terms are a legally binding contract between you and English and Culture Tutoring Services. Please read this page carefully. By using this website and providing any information requested, you acknowledge that you have read, understood and agreed to all of these Terms and Conditions. If you do not accept these Terms and Conditions, do not use this web site and service. By using this web site, you are agreeing to be legally bound by these Terms and Conditions. We may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. The terms "You" as used herein refer to all individuals and/or entities accessing this web site for any reason.
1. Prohibitions on Use of the Website.
You agree not to use the Website, or products or services purchased from the Website, for, or in connection with, the following:
- Tampering, hacking, modifying, or otherwise corrupting the security or functionality of the Website, its services, or its products;
- Posting, emailing, or otherwise transmitting any data that contains any viruses or any other code, file, or program that is intended to destroy, disrupt, or otherwise impair a computer’s functionality or the operation of any service;
- Chain letters, pyramid schemes, or spamming;
- Posting, emailing, or otherwise transmitting any unlawful, harmful, harassing, defamatory, libelous, abusive, threatening, vulgar, sexually explicit, hateful, or otherwise objectionable material of any kind, or any material that is invasive of another’s privacy or exploits children under 18 years of age;
- Falsely stating or misrepresenting your identity or affiliation, including spoofing or otherwise impersonating any person or entity;
- Any fraudulent or illegal purpose;
- Gathering personally identifiable information without prior consent; or
- Interfering with another user’s enjoyment of the services.
2. Authorized Use of the Website.You are authorized to view and download the materials on the Website only for your personal and non‐commercial use. You may not modify the materials on the Website in any way. You may not reproduce the materials or use them for public display, public distribution, or any other commercial purpose.
We reserve the right to terminate your authorization to use the Website, at our sole discretion, with or without notice, if we believe that your conduct fails to conform with the Terms.
4. Copyright / Trademark/ Servicemark
5. No Warranty
The information, services, and products on this Website are provided on an “as is” basis. We provide no warranties, express, implied, or statutory, and we expressly disclaim any and all warranties, including, but not limited to, fitness for a particular purpose.
6. Limitation of Liability
In no event will we be liable to any party for any indirect, incidental, special, punitive, exemplary, or consequential damages for any use of this Website or any of its products or services.
7. Third Party Websites
8. User Submissions
As a user, you are responsible for your own communications and are responsible for the content and consequences of their posting. You must not, and by using any of this website you agree not to, do the following things:
- Post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
- Post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity;
- Post a sexually-explicit image or statement;
- Post advertisements or solicitations of business, post chain letters or pyramid schemes;
- Impersonate another person; or
- Post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
We do not represent or guarantee the truthfulness, accuracy, or reliability of any information or communications posted by any persons, nor do we endorse any opinions expressed by any of You. You acknowledge that any reliance on material posted on this website will be at your own risk.
We act as a passive conduit for the online distribution and publication of information and have no obligation to screen communications or information in advance and we are not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, we may investigate the allegation and determine in good faith and our sole discretion whether to remove or request the removal of the communication. We have no liability or responsibility to users for performance or nonperformance of such activities. We reserve the right to expel users and prevent their further access to this website for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive.
We may take any action with respect to user-submitted information that we deem necessary or appropriate in our sole discretion if we believe it may create liability for EnglishandCulture.com or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
By submitting content to any public or non-public area of our website, including message boards, forums, contests and chat rooms, you grant us and our affiliates the royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any user to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on our website retains any and all rights that may exist in such content.
Any hyperlinks contained in any submission may, in our sole discretion, be disabled. We will have no liability for the disabling of any hyperlinks nor for permitting or choosing not to disable hyperlinks. If you choose to click on or visit a hyperlink that has not been disabled, you do so at your own risk and waive any claim you may have against us arising out of such action.
If you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of EnglishandCulture.com. None of the Submission shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submission. We shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the Submission.
9. Identification of Agent to Receive Notification and Elements of Notification of Claimed Copyright Infringement
If you believe that your copyrighted work has been uploaded, posted or copied to this Web Site and is accessible on this Web Site in a way that constitutes copyright infringement, please notify us by providing our designated copyright agent with the following information:
- The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;
- A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing
- Identification of the URL or other specific location on this web site where the material or activity you claim to be infringing is located or is occurring (you must include enough information to allow us to locate the material or the activity);
- Your name, address, telephone number and, if you have one, your e-mail address;
- A statement by you that you have a good faith belief that use on the web site of the copyrighted work in the manner you are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and
- A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.
By e-mail: firstname.lastname@example.org
Policy Regarding Termination of Users and Account Holders Who Repeatedly Infringe the Copyright or Other Intellectual Property Rights of Others
We and all of our affiliated companies respect the intellectual property of others, and we ask our users, to do the same. The unauthorized reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner's rights. As a condition to your use of this Web Site, you agree not to use the Web Site to infringe the intellectual property rights of others in any way. We will terminate the accounts of any account holders, and block access to our Web Site of any users, who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the account holder who is terminated or to the user whose access is blocked.
10. Governing Law
These Terms shall be governed by, subject to, and construed in accordance with the laws of Massachusetts and the county of Middlesex and you agree that the sole and proper venue for any legal proceedings under this agreement shall be in Middlesex County, Massachusetts.
You agree to indemnify us and hold us harmless from all claims, liabilities, damages, and expenses arising out of or related to your use of the Website or your use of the products or services offered on the Website.
12. Modification or Amendment
The Terms may be updated from time to time. Your use of the Website is subject to the Terms in effect when you use the Website. We encourage you to check the Terms periodically.
- Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
- We will collect and use personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
- We will only retain personal information as long as necessary for the fulfillment of those purposes.
- We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
- Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
- We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
- We will make readily available to customers information about our policies and practices relating to the management of personal information.