Terms of Use Agreement

Posted

Acceptance of Terms of Use and Creative Commons License

English Online Inc.
Last updated: April 20, 2016.

English Online Inc. (EO) owns and operates this Website, located at https://livelearn.ca (the “Website”). This Terms of Use Agreement (this “Agreement”) states the terms and conditions under which you may access and use the Website. Please read this Agreement carefully.

IT IS IMPORTANT THAT YOU READ ALL THE TERMS AND CONDITIONS CAREFULLY.

This Agreement applies to all users of the Website, including users who contribute content to the Website. By accessing, reading and using the Website you are indicating your acceptance to be bound, on your own behalf, and on behalf of any corporation or entity you may be representing, by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access, read, or use the Website.

IF YOU ARE DISSATISFIED WITH THE TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF THE ENGLISH ONLINE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING IT.

EO may add to, remove, revise, modify, or otherwise change any part of this Agreement at any time. Such changes will be effective when they are posted on the Website. Use of the Website after such changes are posted will signify your agreement to these revised terms. You should visit this page periodically to review this Agreement. If any such change is not acceptable to you, you must not continue to access, read or use the Website.

Plain language: The Terms and Conditions are being summarized in plain language throughout. However, the legal terms and conditions prevail and shall govern.

You are subject to the obligations, rights and limitations in your use of this website. They may be amended from time to time.

Disclaimer of Warranties

THE WEBSITE AND ALL CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BY ACCESSING AND USING THE WEBSITE YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK.

EO MAKES NO REPRESENTATIONS AND GIVES NO WARRANTIES REGARDING THE WEBSITE AND THE CONTENT, INCLUDING, WITHOUT LIMITATION, NO REPRESENTATION OR WARRANTY, THAT:

  • THE WEBSITE AND/OR CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, SUITABLE OR TIMELY;
  • THAT ANY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, DATA, SOFTWARE, PRODUCT OR SERVICE CONTAINED IN OR MADE AVAILABLE THROUGH THE WEBSITE WILL BE OF MERCHANTABLE QUALITY OR FIT FOR A PARTICULAR PURPOSE;
  • THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE;
  • DEFECTS OR ERRORS IN THE WEBSITE WILL BE CORRECTED;
  • THE WEBSITE WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS; AND,
  • COMMUNICATIONS TO OR FROM THE WEBSITE WILL BE SECURE OR NOT INTERCEPTED.

ENGLISH ONLINE MAKES NO PROMISE THAT THE CONTENT ON THIS WEBSITE IS ACCURATE OR THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE.

Linking

The Website contains links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by EO of the contents of such third-party websites. If you decide to visit any linked websites you do so at your own risk. EO is not responsible for the content of any third-party website, nor does it make any representation or give any warranty of any kind regarding any third-party website including, without limitation:

  • any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, suitability of any content on any third-party website;
  • any representation that EO sponsors, endorses, or is affiliated or associated with the entity that owns or is responsible for such website.
  • any representation or warranty regarding the merchantability or fitness for a particular purpose of any material, content, software, goods or services located at or made available through such third-party websites; or,
  • any representation or warranty that the operation of the third-party websites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected or that such third-party websites will be free from viruses or other harmful components.

While EO encourages links to the Website, it does not wish to be linked to or from any third-party website which:

  • contains, posts or transmits any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law, regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of EO or which contains, posts or transmits any material or information of any kind which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons; or,
  • contains, posts or transmits any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights. EO reserves the right to prohibit or refuse to accept any link to the Website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Website upon the request of EO.

THIRD PARTY WEBSITES THAT ARE LINKED TO THE ENGLISH ONLINE WEBSITE ARE USED BY YOU AT YOUR OWN RISK.

Security

Please note that information sent or received over the Internet is generally unsecure and EO cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information.

INTERNET AND WEBSITE USAGE IS NOT SECURE.

General

Any consent by EO to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of, any other, different or subsequent breach. You may not assign or transfer this Agreement or any right or obligation hereunder. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. This Agreement is not intended to create a partnership, joint venture, or agency relationship between the parties. Except for any agreements with EO that expressly reference this Agreement, this is the entire agreement between you and EO relating to the matters contained herein.

Ownership

All materials displayed or otherwise accessible through the Website, including, without limitation, news articles, text, photographs, images, illustrations, audio clips, video clips, computer software and code (collectively, the “Content”) are protected under Canadian and foreign copyright or other laws, and are owned by EO, its licensors or the party accredited as the provider of the Content. In addition, the Website is protected under copyright law as a collective work and/or compilation pursuant to Canadian and foreign laws. You shall abide by all additional copyright notices, information and restrictions on or contained in any of the Content accessed through the Website.

No part of the Website or any materials posted on it may be transmitted, transcribed, reproduced, stored or translated into any other form without the prior written permission of EO, unless otherwise permitted by this Agreement. EO grants you an attribution, non-commercial share-a-like creative commons license to display the content and materials available on the Website on your device and to print, download and use the underlying HTML, text, audio clips, video clips or other content available to you on the Website provided that doing so is for your personal or educational use, you do not modify the content of such material, and that you must identify EO as the source of such material. No other use of the Website is permitted. Without restricting the generality of the foregoing, you may not make commercial use of the content of the Website. Further, for sake of clarity, the license referred to herein allows us and you to copy, distribute, display and perform works, and derivative works based upon such works, but for non-commercial purposes only.

ANY USE, REPRODUCTION, ALTERATION, MODIFICATION, PUBLIC PERFORMANCE OR DISPLAY, UPLOADING OR POSTING ONTO THE INTERNET, TRANSMISSION, REDISTRIBUTION OR OTHER EXPLOITATION OF THE WEBSITE OR OF ANY CONTENT, WHETHER IN WHOLE OR IN PART, OTHER THAN EXPRESSLY SET OUT HEREIN, IS PROHIBITED WITHOUT THE EXPRESS WRITTEN PERMISSION OF EO.

NOTHING HEREIN SHALL BE CONSTRUED AS GRANTING YOU ANY RIGHTS TO CONTENT ON THIS WEBSITE SAVE AS EXPRESSLY PROVIDED.

Limitation of Liability

SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL EO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA AND/OR LOST PROFITS, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF EO KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL EO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT, WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEEDING ONE HUNDRED CANADIAN DOLLARS (C$100) EVEN IF EO HAS BEEN ADVISED OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL EO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE FAILURE OF EO OR YOUR FAILURE TO PROTECT YOUR PASSWORD OR ACCOUNT INFORMATION.

EO EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER OF THE WEBSITE OR ANY ADVERTISER OR SPONSOR OF THE WEBSITE (COLLECTIVELY, THIRD-PARTY USER). UNDER NO CIRCUMSTANCES SHALL EO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS LICENSORS, BE LIABLE FOR ANY INJURY, LOSS, DAMAGE (INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES) OR EXPENSE ARISING IN ANY MANNER WHATSOEVER FROM

  • THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER; AND,
  • ANY USE OR INABILITY TO USE ANY MATERIALS, SOFTWARE, CONTENT, GOODS OR SERVICES LOCATED AT OR MADE AVAILABLE AT ANY WEBSITE LINKED TO OR FROM THE WEBSITE.

YOU HEREBY RELEASE EO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST THEM, ARISING FROM YOUR USE OF ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE WEBSITE OR BY THIRD PARTIES THROUGH THE WEBSITE.

YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS EO, ITS AFFILIATES, ITS GOVERNING BOARD, OFFICERS, AGENTS, EMPLOYEES, PARTNERS, FUNDERS AND SUPPLIERS FROM ANY LIABILTIES, LOSSES, CLAIMS, DEMANDS, AND EXPENSES (INCLUDING REASONABLE LAWYER’S FEES) RELATED TO YOUR:

  • USE OF THE WEBSITE; OR,
  • VIOLATION OF THIS AGREEMENT.

ALL LIABILITY AGAINST ENGLISH ONLINE AND ITS REPRESENTATIVES IS LIIMITED TO A MAXIMUM OF ONE HUNDRED CANADIAN DOLLARS.

Software Licenses and Ownership

All software embedded in or located on or at the Website, including, without limitation, all computer code of all types, including all files and/or images contained in or generated by such software (Software) is protected by copyright and may be protected by other rights. All such Software is owned by EO, its licensors or the party accredited with ownership of such Software. You are hereby granted the right to access and use the Software embedded and integrated into the Website, subject to:

  • the terms and conditions of this Agreement, and,
  • any additional conditions which may be imposed on your access and use of such Software.

If the Website provides Software for download, unless otherwise provided, you are hereby granted, subject

  • to the terms of this Agreement and,
  • to any other terms and conditions that may apply to your downloading and use of such Software, a personal, non-transferable, non-exclusive license to:
    1. install and run one copy of the Software in object-code format on a non-networked computer for your personal, non-commercial use; and,
    2. to reproduce the Software only as reasonably required to install, run and make reasonable backup copies as allowed by law.

Except to the extent expressly permitted in this Agreement, you may not:

  • use, reproduce, modify, adapt, translate, upload, download or transmit the Software in whole or in part;
  • sell, rent, lease, license, transfer or otherwise provide access to the Software;
  • alter, remove or cover any trademarks or proprietary notices included in the Software; and/or,
  • decompile, disassemble, decrypt, extract or reverse engineer the Software or assist others in doing so.

Nothing contained in the Website shall be construed as granting you any right, title, interest or other license in or to any Software embedded or integrated into the Website or made available for download from the Website, including, but not limited, to any intellectual property rights in the Software.

All Software embedded or integrated into the Website is provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, any warranty:

  • that the Software is of merchantable quality or is fit for any particular purpose;
  • that the Software will conform with any specification(s) relating to the Software;
  • that the Software will be free from material defects;
  • that the Software contains no computer viruses or other contaminants; or,
  • that the Software shall process date-related and time-related data without causing any processing interruptions, abnormal termination or process or manipulate any time-related data.

THE RIGHT TO USE THE ENGLISH ONLINE WEBSITE AND ANY SOFTWARE CONTAINED IN IT IS LIMITED AND THERE ARE NO REPRESENTATIONS GIVEN BY ENGLISH ONLINE AS TO FITNESS FOR USE OF THE WEBSITE OR ITS SOFTWARE.

Registration

To use certain features of the Website, you may be asked to register with the Website. You agree

  • to provide true, accurate, current and complete information about yourself as prompted by any registration form;
  • to maintain and promptly update the information you provide to keep it true, accurate, current and complete. If EO has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, EO has the right to suspend or terminate your access to and use of the Website (or any portion thereof); and, EO’s use of any personally identifying information you provide as part of the registration process is governed by the terms of EO’s Privacy Policy;
  • you are solely responsible for the activity that occurs on your user account, and you must keep your account password and registration credentials secure. You must notify EO immediately of any breach of security or unauthorized use of your user account. Although EO will not be liable for your losses caused by any unauthorized use of your user account, you may be liable for the losses of EO or others due to such unauthorized use.

REFER TO THE ENGLISH ONLINE PRIVACY POLICY SHOULD YOU DECIDE TO REGISTER AS A USER OF THE WEBSITE.

Termination

EO may at any time, without notice, in its sole discretion and without cause, terminate your right to access or use the Website, (or any portion thereof). EO may also terminate your right to access and use the Website, or any part of the Website, if you breach any term or condition of this Agreement.

ENGLISH ONLINE MAY TERMINATE YOUR USE OF THE WEBSITE AT ANY TIME IN ITS SOLE DISCRETION.

Trademarks

ENGLISH ONLINE INC., are official marks or trademarks of English Online Inc. Other names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Website may constitute registered or unregistered trademarks of EO or third parties. While certain trademarks of third parties may be used by EO under license, the display of third-party trademarks on the Website should not be taken to imply any relationship or license between EO and the owner of said trademark or to imply that EO endorses the wares, services or business of the owner of said trademark. Nothing contained on the Website should be construed as granting you any license or right to use any trademark, logo or design of EO or any third party, without the written permission of EO or the respective owner of any third-party trademark.

ENGLISH ONLINE RETAINS ALL TRADEMARK RIGHTS IN ITS NAME, LOGO AND ICONS.

No Advice

The information contained on the Website is for informational purposes only. It is not intended to provide legal, accounting, tax, investment, financial, medical or other advice to you, and you should not rely upon the information to provide any such advice.

YOU MAY NOT RELY ON THE CONTENT POSTED TO THIS WEBSITE FOR LEGAL, ACCOUNTING OR OTHER ADVICE.

Submissions

The Website may provide features that allow you to post messages and content, to interact with EO and other users and to upload files, documents or other materials (collectively, “Submissions”). When using any of the features of the Website which allow you to post, upload or make Submissions, it is a condition of your use of the Website that you observe the rules of netiquette and that you do not:

  • restrict or inhibit any other user from using and enjoying the Website, interfere or attempt to interfere with the proper workings of the site or do anything which in the sole discretion of EO imposes an unreasonable or disproportionately large load on the EO website infrastructure;
  • post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any Submission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law or regulation;
  • post or transmit any Submission, including, without limitation, articles, images, stories, software or other material, which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by any intellectual property rights, including, without limitation, copyright, patent, trade secret, trademark or other proprietary rights herein, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder;
  • post or transmit any Submission that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons;
  • post or submit any Submission which solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  • post or transmit any Submission which contains a virus or other harmful component, or provides or creates computer viruses;
  • post or transmit junk mail, chain letters, unsolicited mass mailing or spam; or,
  • use the Website for commercial purposes, including, without limitation, posting, uploading or transmitting any Submissions which contain advertising or which engage in commercial activities and/or sales, or which involve contests, sweepstakes, barter, advertising, and/or pyramid schemes.

YOU MUST OBSERVE THE WEBSITE RULES AND THE RULES OF NETIQUETTE WITH ALL POSTS AND SUBMISSIONS.

By posting or uploading Submissions to the Website, you grant EO a royalty-free, perpetual, non-exclusive, irrevocable, non-commercial share-a-like creative commons worldwide license to:

  • use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform or display such Submissions for any purpose; and,
  • to sublicense to third parties the unrestricted right to exercise any of the foregoing rights.

Subject to the grant of the above license, you hereby:

  • agree to waive all moral rights in any Submission in favour of EO;
  • consent to your name, address and e-mail appearing as the contributor of any Submission, where applicable, and to the disclosure and/or display of such information and any other information which appears in or is associated with a Submission;
  • acknowledge and agree that EO is not responsible for any loss, damage, or corruption that may occur to your Submissions; and,
  • acknowledge and agree that any Submissions you provide for display on the Website will be considered non-confidential.

BY MAKING SUBMISSIONS, YOU ARE GRANTING ENGLISH ONLINE a royalty-free, perpetual, non-exclusive, irrevocable, non-commercial share-a-like creative commons worldwide license.

EO may review Submissions before they are posted. EO may refuse to post any Submission to the Website. EO reserves the right, in its sole discretion, to edit or remove any Submission, whether or not the Submission is in violation of the provisions hereof or otherwise objectionable. You acknowledge and agree that EO may, in its sole discretion, monitor the Website periodically and disclose any information as necessary to satisfy any law, regulation or other governmental or Court request, to operate the Website properly or to protect itself or other users of the Website. Any such disclosure shall be in accordance with EO’s Privacy Policy.

EO is not responsible for the content of any Submission. Submissions represent the views and opinions of the person(s) posting the Submission and do not represent the views or opinions of EO.

While EO is under no obligation to investigate any complaint regarding any Submission, it may, in its sole discretion, investigate complaints and take any actions it deems appropriate in the circumstances, including, without limitation, removing the offending communication from the Website and terminating the submitting party’s right to access, read and use the Website (or any portion thereof).

ENGLISH ONLINE IS UNDER NO OBLIGATION TO REVIEW AND APPROVE POSTS BUT MAY DO SO AND MAY REFUSE TO ALLOW ANY SUBMISSION.

Governing Law and Jurisdiction

The Website (excluding linked websites) is controlled by EO from its offices within the Province of Manitoba, Canada. By accessing or using the Website, you agree that all matters relating to your access to, or use of, the Website and/or the Content shall be governed by the laws of the Province of Manitoba and the laws of Canada, without regard to the conflict of laws principles thereof. You agree and hereby submit to the non-exclusive jurisdiction of the Federal Court of Canada and/or the courts of the Province of Manitoba with respect to such matters. You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.

THIS WEBSITE AND ITS USAGE IS GOVERNED BY THE LAWS OF MANITOBA, CANADA.