Terms and Conditions of Use
The Operator
This website is operated by UsingEnglish.com Limited, a company registered in England and Wales with number
05260733, registered office at 266-268 High Street, Waltham Cross, Hertfordshire, EN8 7EA, England.
1. Acceptance of Terms of Use and Amendments
Each time you use or cause access to this web site, you agree to be bound
by these Terms of Use, and as amended from time to time with or without
notice to you. In addition, if you are using a particular service on or
through this web site, you will be subject to any rules or guidelines
applicable to those services and they shall be incorporated by reference
into these Terms of Use. Please see our Privacy
Statement and Copyright Notice which are incorporated into these
Terms of
Use by reference.
2. Our Service
Our web site and services provided to you on and through our web site
on an AS IS basis. You agree that the owners of this web site exclusively
reserve the right and may, at any time and without notice and any liability
to you, modify or discontinue this web site and its services or delete
the data you provide, whether temporarily or permanently. We shall have
no responsibilty or liability for the timeliness, deletion, failure to
store, inaccuracy, or improper delivery of any data or information.
3. Your Responsibilities and Registration Obligations
In order to use some areas of this web site, you must register on our
site, agree to provide truthful information when requested, and be at
least the age of thirteen (13) or older. When registering, you explicitly
agree to our Terms of Use and as may be modified by us from time to time
and available here.
4. Privacy Policy
Registration data and other personally identifiable information that we
may collect is subject to the terms of our Privacy
Statement.
5. Registration and Password
You are responsible to maintain the confidentiality of your password and
shall be responsible for all uses via your registration and/or login,
whether authorized or unauthorized by you. You agree to immediately notify
us of any unauthorized use or your registration, user account or password.
6. Your Conduct
You agree that all information or data of any kind, whether text, software,
code, music or sound, photographs or graphics, video or other materials
(Content), publicly or privately provided, shall be the sole responsibility
of the person providing the Content or the person whose user account is
used. You agree that our web site may expose you to Content that may be
objectionable or offensive. We shall not be responsible to you in any
way for the Content that appears on this web site nor for any error or
omission.
You explicitly agree, in using this web site or any service provided, that you shall not:
(a) Provide any Content or perform any conduct that may be unlawful,
illegal, threatening, harmful, abusive, harassing, stalking, tortious,
defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic,
designed to or does interfere or interrupt this web site or any service
provided, infected with a virus or other destructive or deleterious programming
routine, give rise to civil or criminal liability, or which may violate
an applicable local, national or international law;
(b) Impersonate or misrepresent your association with any person or entity,
or forge or otherwise seek to conceal or misrepresent the origin of any
Content provided by you;
(c) Collect or harvest any data about other users;
(d) Provide or use this web site and any Content or service in any commercial
manner or in any manner that would involve junk mail, spam, chain letters,
pyramid schemes, or any other form of unauthorized advertising without
our prior written consent;
(e) Provide any Content that may give rise to our civil or criminal liability
or which may consititue or be considered a violation of any local, national
or international law, including but not limited to laws relating to copyright,
trademark, patent, or trade secrets.
(f) No material may be reproduced without prior written permission, except
the downloading or printing of a single copy for personal offline viewing
unless otherwise stated.
7. Submission of Content on this Web Site
By providing any Content to our web site:
(a) you agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive
right and license (including any moral rights or other necessary rights)
to use, display, reproduce, modify, adapt, publish, distribute, perform,
promote, archive, translate, and to create derivative works and compilations,
in whole or in part. Such license will apply with respect to any form,
media, technology known or later developed;
(b) you warrant and represent that you have all legal, moral, and other
rights that may be necessary to grant us with the license set forth in
this Section 7;
(c) you acknowledge and agree that we shall have the right (but not obligation),
in our sole discretion, to refuse to publish or to remove or block access
to any Content you provide at any time and for any reason, with or without
notice.
(d) you acknowledge and agree that we shall have the right to approve or reject suggestions, and may edit or
otherwise alter the content for any reason.
8. Third Party Services
Goods and services of third parties may be advertised and/or made available
on or through this web site. Representations made regarding products and
services provided by third parties are governed by the policies and representations
made by these third parties. We shall not be liable for or responsible
in any manner for any of your dealings or interaction with third parties.
9. Indemnification
You agree to indemnify and hold us harmless, our subsidiaries, affiliates,
related parties, officers, directors, employees, agents, independent contractors,
advertisers, partners, and co-branders from any claim or demand, including
reasonable attorney's fees, that may be made by any third party, that
is due to or arising out of your conduct or connection with this web site
or service, your provision of Content, your violation of this Terms of
Use or any other violation of the rights of another person or party.
10. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY SERVICES
OR CONTENT PROVIDED (THE SERVICE) IS MADE AVAILABLE AND PROVIDED TO YOU
AT YOUR OWN RISK. IT IS PROVIDED TO YOU AS IS AND WE EXPRESSLY DISCLAIM
ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED
TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.
Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.
11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, SPECIAL, INDICENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE
INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS
AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH
THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS,
(IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY
OTHER MATTER RELATING TO THE SERVICE.
In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.
12. Reservation of Rights
We reserve all of our rights, including but not limited to any and all
copyrights, trademarks, patents, trade secrets, and any other proprietary
right that we may have in our web site, its content, and the goods and
services that may be provided. The use of our rights and property requires
our prior written consent. We are not providing you with any implied or
express licenses or rights by making services available to you and you
will have no rights to make any commercial uses of our web site or service
without our prior written consent.
13. Applicable Law
These Terms are governed by and will be construed in accordance with the laws of England and Wales. Any
disputes
arising under or in connection with these Terms shall be subject to (and you irrevocably submit to) the
non-exclusive jurisdiction of the English Courts.
14. Miscellaneous Information
(i) In the event that this Terms of Use conflicts with any law under which
any provision may be held invalid by a court with jurisdiction over the
parties, such provision will be interpreted to reflect the original intentions
of the parties in accordance with applicable law, and the remainder of
this Terms of Use will remain valid and intact;
(ii) The failure of either party to assert any right under this Terms
of Use shall not be considered a waiver of any that party's right and
that right will remain in full force and effect;
(iii) You agree that without regard to any statue or contrary law that
any claim or cause arising out of this web site or its services must be
filed within one (1) year after such claim or cause arose or the claim
shall be forever barred;
(iv) We may assign our rights and obligations under this Terms of Use
and we shall be relieved of any further obligation.
If you have any questions about these Legal
Notices, please use our Contact Form.