NO UNLAWFUL OR PROHIBITED USE
You may not and shall not: (a) use the Site for any purpose that is unlawful or prohibited by applicable law or by the terms and conditions provided herein or in any other manner that could damage, disable, overburden or otherwise impair any server of ours or the network(s) connected to any of our servers, or interfere with any other person’s use and enjoyment of the Site; (b) copy, modify or distribute any part of the Site without our explicit prior written consent; (c) modify, use, transfer, reproduce, create derivative works of, display or disclose Site Content (the term as such is defined below), except as expressly authorized herein or as pre-approved by us in writing (d) disrupt or attempt to gain unauthorized access to the Site or any part thereof, or the computer systems or networks connected to any of our servers, through any means; (e) disable or interfere with the Site’s security features intended to prevent or restrict the use of the Site or the copying of any Site Content; or (f) obtain any materials or information through any means not intentionally made available to you through the Site or use any automated system to access the Site (for example by launching “robots” and/or “Spiders” systems).
INTELLECTUAL PROPERTY RIGHTS
The content appearing on the Site, including without limitation, the texts, icons, documents, articles, reviews, presentations, brochures, course catalogs, newsletters, descriptions, products, software, graphics, photos, sounds, videos, designs, interactive features and services, Site’s general appearance and design and the User Submissions (the term as such is further defined below) (collectively, the “Site Content”), and the trademarks, service marks and logos contained in the Site and the Site Content (“Marks”), are the property of eTeacher and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “Langaroo”, “eTeacher”, the logo of Langaroo, the eTeacher logo, and other marks are Marks of eTeacher or its affiliates. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners. All rights in and to the Site and the Site Content belong to eTeacher.
The Site Content is provided to you for personal use only and may not, in any way, be used, altered, reproduced, stored, displayed, de-compiled, transmitted or further distributed or exploited in any other way without our explicit prior written consent. If you download or print a copy of the Site Content or any part thereof, you must retain all proprietary notices and copyrights contained in such Site Content.
Although we make an effort to keep the Site Content published on our Site as accurate as possible, we cannot guarantee that the Site Content will be at all times updated, accurate, reliable, complete or free of errors. We reserve the right, at any time and at our sole and absolute discretion, to edit, change, modify, delete and/or remove any part of the Site Content, without being required to notify you of such changes made to the Site Content. Accessing and using the Site and the Site Content included therein is to be done at your own responsibility and risk.
LINKS: THIRD PARTY CONTENT
POSTING CONTENT BY USERS
The Site’s features may enable you to post content of your own and/or of other users on our Site (“User Content”). We reserve the right to decide whether or not to post your User Content on our Site, at our sole and absolute discretion and without any obligation to explain our decision. We do not guarantee that the User’s content will remain confidential, whether such User Content is published on the Site or not, and you are solely responsible for your User Content and posting it on the Site. We may, at any time and at our sole discretion, edit, remove, and monitor all User Content you publish on our Site, without providing you with a notice in that regard.
Furthermore, you understand that by accessing and using the Site you may be exposed to User Content of other users of the Site, which may be inaccurate, offensive or indecent. We are not and shall not be responsible in any way for such User Content you may be exposed to, including its usefulness, accuracy, safety or intellectual property rights in and to such User Content, and you hereby waive any claim, right and remedy related to the above, which you may have against eTeacher, its directors and officers and anyone on its behalf.
Prohibited User Content. You are prohibited from and hereby agree not to post, submit, transmit or display any User Content which: (a) is protected by trade secret, copyrighted or subject to any rights of third parties; (b) is misleading, deceptive or unfair pursuant to any applicable consumer protection legislation; (c) is violating export control legislation or promoting in any way an illegal activity; (d) is threatening, defamatory, unlawful, harassing, hateful, pornographic, racially offensive, or otherwise promotes or encourages any illegal activity or is inappropriate; (e) is creating a risk to the safety of the general public or a specific person’s health or safety or otherwise interferes with any lawful investigation; or (f) is fraudulent or malicious.
DISCLOSURE OF INFORMATION OBTAINED
EXPORT ADMINISTRATION LAWS AND REGULATIONS
You acknowledge and agree that materials on the Site may be subject to certain export laws and regulations. Diversion of such materials contrary to any applicable export law and/or regulation is prohibited. You agree that none of the materials on the Site, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals.
To the extent permitted under applicable laws, all the disclaimers detailed below will apply regardless of whether the services under the Site are being provided for payment or not.
This Site is offered “AS IS” and on an “AS AVAILABLE” basis and without warranties of any kind expressed or implied. eTeacher disclaims any express or implied warranties of merchantability and fitness for a specific purpose as well as title or non-infringement. eTeacher does not guarantee that the Site will be free of security breaches, bugs or virus attacks. The Site may occasionally be unavailable due to upgrades, routine maintenance, etc., and eTeacher is not responsible for timeliness, inaccuracy, unavailability or interruptions in availability, viruses or other defects in the Site or its contents. In no event shall eTeacher be responsible for any damages to third parties or users or their computer systems of for any consequence that may result from slow connections, traffic congestion or overload of servers, technical problems of the internet connection or otherwise, even if eTeacher has been informed of the possibility of such damages and without regard to negligence.
eTeacher shall not be responsible or liable for any User Content or content and conduct of any Third Party Website, and the risk of harm or damage in connection with the foregoing rests in its entirety with you.
eTeacher does not warrant, guarantee or endorse any content included in the User Content posted on the Site, and does not make any warranty or representation with respect to such User Content, and disclaims all liability arising from or related in any manner to the User Content.
Your access to, reliance on or use of any User Content published on the Site or Third Party Website, or any other interaction you may choose to have with other users of the Site or Third Party Websites, are all at your own risk. eTeacher is not liable for any claims or damages arising from or related in any way to any dispute which you may have with other users of the Site and/or Third-Party Websites. Although eTeacher has no responsibility or liability with respect to such disputes, eTeacher reserves the right to monitor such disputes, at its sole and absolute discretion.
LIMITATION ON LIABILITY
WITHOUT DEROGATING FROM ANYTHING ELSE CONTAINED HEREIN, YOU HEREBY ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE, REMAINS WITH YOU. MOREOVER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ETEACHER, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND ANYONE ACTING ON ITS BEHALF, SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO ANY LOSS OR DAMAGE TO BUSINESS EARNINGS, LOST PROFITS OR GOODWILL AND LOST OR DAMAGED DATA OR DOCUMENTATION, SUFFERED BY YOU AND/OR ANY ENTITY AND/OR PERSON ARISING FROM AND/OR RELATED/CONNECTED TO THE USE OR INABILITY TO USE THE SITE, EVEN IF ETEACHER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MODIFICATIONS TO THESE TERMS
RELATIONSHIP OF THE PARTIES
TERM AND TERMINATION
GOVERNING LAW AND JURISDICTION
ANY CAUSE OF ACTION YOU MAY HAVE AGAINST ETEACHER WITH RESPECT TO THE ABOVE IN THIS SECTION, MUST COMMENCE WITHIN 12 MONTHS AFTER THE CAUSE OF ACTION OCCURS, OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.