2) YOUR ACCEPTANCE OF TERMS
3) RULES FOR ONLINE CONDUCT
You agree that you are responsible for your own use of the Site and for your User Postings. “User Postings” include all content submitted, posted, published or distributed on the Site by you or other users of the Site, including but not limited to all forum posts, wiki edits, notes, questions, comments, videos and file uploads. You agree that you will use the Site in compliance with these TOS, and all applicable local, state, national and international laws, rules and regulations, including copyright laws and any laws regarding the transmission of technical data exported from your country of residence.
As a condition of your use of the Books for languages services, you will not use the Site in any manner intended to damage, disable, overburden or impair any Books for languages server or the network(s) connected to any Books for languages server or to interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to any Books for languages server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information stored on the Site, its servers or associated computers through any means not intentionally made available through the Site.
4) THE FOLLOWING LIST OF ITEMS IS STRICTLY PROHIBITED ON THE SITE:
• Content that defames, harasses or threatens others;
• Content that discusses illegal activities with the intent to commit them;
• Content that infringes another’s intellectual property, including, but not limited to, copyrights or trademarks;
• Profane, pornographic, obscene, indecent or unlawful content;
• Advertising or any form of commercial solicitation;
• Content related to partisan political activities;
• Viruses, trojan horses, worms, time bombs, corrupted files, malware, spyware or any other similar software that may damage the operation of another’s computer or property; and
• Content that contains intentionally inaccurate information or that is posted with the intent of misleading others.
Furthermore, you agree not to scrape, or otherwise download in bulk, any Site content, including but not limited to a list or directory of users on the system, on-line textbooks, illustrations, User Postings or user information. You agree not to misrepresent or attempt to misrepresent your identity while using the Site (although you are welcome and encouraged to use an anonymous username in the forums and to act in a manner that keeps your identity concealed).
5) THIRD PARTY CONTENT
Through the Services, you will have the ability to access and/or use content provided by collaborators, other users, and/or other third parties and links to websites and services maintained by third parties. Books for languages cannot guarantee that such third party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. Books for languages disclaims any responsibility or liability related to your access or use of such third party content.
6) USER POSTINGS
By submitting or distributing your User Postings, you affirm, represent and warrant that you have the necessary rights, licenses, consents and/or permissions to reproduce and publish the User Postings and to authorize Books for languages and its users to reproduce, modify, publish and otherwise use and distribute your User Postings in a manner consistent with the licenses granted by you below, and that neither your submission of your User Postings nor the exercise of the licenses granted below will infringe or violate the rights of any third party. You, and not Books for languages, are solely responsible for your User Postings and the consequences of posting or publishing them.
By submitting or distributing your User Postings, you hereby grant to Books for languages a worldwide, non-exclusive, transferable, assignable, sub licensable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute, re-distribute, relicense and otherwise use, make available and exploit your User Postings, in whole or in part, in any form and in any media formats and through any media channels (now known or hereafter developed).
By submitting or distributing your User Postings, you hereby grant to each user of the Site a non-exclusive license to access and use your User Postings in connection with their use of the Site for their own personal purposes.
The “Books for Languages” names, logos and seals are trademarks. You may not use any of these Trademarks, or any variations thereof, without the owner’s prior written consent. You may not use any of these Trademarks, or any variations thereof, for promotional purposes, or in any way that deliberately or inadvertently claims, suggests or, in these institutions’ sole judgment, gives the appearance or impression of a relationship with or endorsement by these institutions.
All Trademarks not owned by Books for languages or the Members that appear on the Site or on or through the services made available on or through the Site, if any, are the property of their respective owners.
Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the owner of the applicable Trademark.
Any material protected by a trademark is excluded from the license applying to this site.
Many of the Books for languages materials are licensed to you under a permissive or open license, and only to the extent any Books for languages materials are not expressly licensed to you, we and our licensors reserve all rights not expressly granted in these Terms.
THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE BOOKS FOR LANGUAGES PARTIES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE BOOKS FOR LANGUAGES PARTIES FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.
9) LIMITATION OF LIABILITY
BOOKS FOR LANGUAGES AND THE BOOKS FOR LANGUAGES PARTICIPANTS (AS HERINAFTER DEFINED) DO NOT WARRANT THAT THE SITE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE CONTENT PROVIDED WILL MEET YOUR NEEDS OR EXPECTATIONS. BOOKS FOR LANGUAGES AND THE BOOKS FOR LANGUAGES PARTICIPANTS ALSO MAKE NO WARRANTY ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, OR QUALITY OF THE SITE OR ANY RESOURCES OR CONTENT, OR THAT ANY PARTICULAR RESOURCES OR CONTENT WILL CONTINUE TO BE MADE AVAILABLE.
You understand that when using the Site you will be exposed to User Postings from a variety of sources and that neither Books for languages nor the Books for languages Participants are responsible for the accuracy, usefulness, reliability or intellectual property rights of or relating to such User Postings. You further understand and acknowledge that you may be exposed to User Postings that are inaccurate, offensive, defamatory, indecent or objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Books for languages or any of the Books for languages participants with respect thereto. Neither Books for languages nor any of the Books for languages participants endorse any User Postings or any opinion, recommendation or advice expressed therein. Neither Books for languages nor any of the Books for languages participants have any obligation to monitor any User Postings or any other user communications through the Site.
However, Books for languages reserves the right to review User Postings and to exercise its sole discretion to edit or remove, in whole or in part, any User Posting at any time and for any reason, or to allow the Books for languages participants to do so. Without limiting the foregoing, upon receiving notice from a user or a content owner that a User Posting allegedly does not conform to these TOS, Books for languages may investigate the allegation and determine in its sole discretion whether to remove the User Posting, which it reserves the right to do at any time and without notice.
The Site may include hyperlinks to sites maintained or controlled by others. Books for languages and the Books for languages participants are not responsible for and do not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these sites. If you decide to access linked third-party websites, you do so at your own risk.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER BOOKS FOR LANGUAGES NOR ANY OF THE BOOKS FOR LANGUAGES PARTICIPANTS WILL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, OR YOUR (OR ANY THIRD PARTY’S) USE OF OR INABILITY TO USE THE SITE, OR YOUR PLACEMENT OF CONTENT ON THE SITE, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITE, WHETHER YOUR CLAIM IS BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW.
IN PARTICULAR, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BOOKS FOR LANGUAGES NOR ANY OF THE BOOKS FOR LANGUAGES PARTICIPANTS WILL HAVE ANY LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE AND WHETHER OR NOT BOOKS FOR LANGUAGES OR ANY OF THE BOOKS FOR LANGUAGES PARTICIPANTS HAS BEEN NEGLIGENT OR OTHERWISE AT FAULT (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF PROFITS, LOSS OF DATA OR INTERRUPTION IN AVAILABILITY OF DATA).
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to defend, hold harmless and indemnify Books for languages and the Books for languages participants, and their respective subsidiaries, affiliates, officers, collaborators, users, governing board members, agents and employees from and against any third-party claims, actions or demands arising out of, resulting from or in any way related to your use of the Site, including any liability or expense arising from any and all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.
11) MODIFYING AND TERMINATING OUR SERVICE
We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend or stop a Service altogether. Accordingly, Books for languages may terminate your use of any Service for any reason. We reserve the right to to suspend, disable, or terminate the accounts and remove the content of users who repeatedly infringe or are repeatedly charged with infringing the copyrights, trademarks, or other intellectual property rights of others. If your use of a paid Service is terminated, a refund may be available under our Refund Policy. None of Books for languages, its participating institutions and instructors, its contributors, sponsors, and other business partners, and their employees, contractors, and other agents (the “Books for languages Parties”) shall have any liability to you for any such action. You can stop using our Services at any time, although we’ll be sorry to see you go.
12) GENERAL INFORMATION
The Terms of Service and the relationship between you and Books for languages shall be governed by the laws of Valencia (Spain) without regard to any conflict of law provisions of any jurisdiction. You and Books for languages agree to submit to the exclusive jurisdiction of the Spanish courts, except that Books for languages may seek injunctive relief in any jurisdiction in order to enforce its rights under these Terms of Service.
No person other than you shall have any rights under these Terms of Service in relation to your access and/or use of the Site, the Service and/or the Content other than you and Books for languages, provided that Books for languages’ third party licensors may take action against you to enforce their Intellectual Property Rights or other rights.
The failure of Books for languages to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. You agree that these Terms of Service represent the entire understanding between you and Books for languages in respect of your relationship with Books for languages as a User. These Terms of Service supersede any previous agreements between you and Books for languages including any previous version of these Terms of Service.