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Terms of Use

Terms & Conditions Privacy Policy

Terms of Use

 

You are using Services (as defined below) developed by English Adventure Ltd. (hereinafter “English Adventure“). Please read these Terms of Use (hereinafter the “Terms of Use“) carefully before using any Services. By downloading, viewing or using any of our Services you are agreeing to these Terms of Use. If you do not agree to these Terms of Use, you may not use the Services.

Please note that you are using the Services at your own responsibility and risk. English Adventure does not take any responsibility, or provide any warranties, for the outcomes resulting from the use of the Services, nor does it guarantee any result of any kind. English Adventure shall not be held responsible for any malfunction or damages caused by using the Services, downloadable files and/or installation of content relating to the Services.

THE SERVICES AND ALL MATERIALS CONTAINED IN THEM ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE.

  1. GENERAL TERMS

These Terms of Use govern the relationship between you and English Adventure regarding your use of the Services.

By using the Services you agree: (1) to be bound by these Terms of Use and its conditions; (2) to our Privacy Policy which is incorporated here by reference; and (3) to be bound by other policy and legal notices that may be posted on the Services from time to time. You are only authorized to use the Services if you agree to abide by and do abide by all applicable laws, these Terms of Use and Privacy Policy.

English Adventure reserves the right, to change and/or modify these Terms of Use from time to time, at its sole discretion. Any such change or modification shall come into effect immediately after posting them to the website of English Adventure or Services. By continuing to use our Services you accept such changes and modifications in the Terms of Use.

If as a result of changes or modifications made in the Terms of Use or the Privacy Policy you are no longer agreeing to either one of them, you must immediately stop using our Services.

  1. INTELLECTUAL PROPERTY RIGHTS

The Services (including without limitation any content, program, titles, computer code, objects, characters, character names, stories, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, and moral rights) are the property of English Adventure and may be protected by applicable copyright or other intellectual property laws. English Adventure reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Services.

YOU ACKNOWLEDGE AND AGREE THAT NOTHING IN THESE TERMS OF USE SHALL HAVE THE EFFECT OF TRANSFERRING THE OWNERSHIP OF ANY PROPRIETARY RIGHTS IN THE PROGRAM OR SERVICES OR CONTENT OR ANY PART THEREOF TO YOU OR TO ANY THIRD PARTY.

  1. THE SERVICES

English Adventure provides fun and friendly English learning and practice tools. Services subject to this Terms of Use include an English learning computer program, which provides additional and complementary tools for teachers who use the English learning books developed by English Adventure (the “Services”).

Subject to your agreement and continuing compliance with these Terms of Use and Privacy Policy, you may use the Services.

Nothing in these Terms of Use shall be deemed as providing you a commercial license of any kind with respect to the Services. No right or license is granted to distribute, publicly perform or prepare derivative works of any content accessed through the Services.

The Services are provided exclusively to teachers who teach during the current schoolyear in school classrooms using books published by English Adventure. You shall use the Services only if you are a teacher who is currently using the English learning books developed by English Adventure and only in connection with such use in class.

English Adventure encourages you to incorporate the use of the Services during lessons in the course of your teachings. You may not, however, charge additional fees for incorporating the Services into your teachings.

  1. USER ACCOUNT

When creating or updating an account, you may be asked to provide English Adventure with certain personal information to improve your overall experience and personalize your progress. This information will be held and used with utmost care in accordance with the Privacy Policy.

You agree to provide to English Adventure, maintain and update true, accurate, current and complete information about yourself. Please note that, at all times, you are responsible for updating your personal information.

During the account creation process, your login information will be created (“Login Information“). The Login Information will consist of your email address and ID number.

You shall not share the account or the Login Information, let anyone else access your account, or do anything else that might jeopardize the security of your account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify English Adventure at: [email protected] .

You are responsible for all uses of the Login Information and anything that happens through your account. You accept full responsibility for any unauthorized use of the Services in connection with your account.

Any use of the Services in violation of these Limitations is strictly prohibited, can result in the immediate revocation of authorization to use the Services, and may subject you to liability for violations of law. You agree that you will not, under any circumstances:

  • Use the Services, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
  • Use the Services for any purpose other than complementary tools for teachers who use the English learning books developed by English Adventure, and as a part of such use of the learning books;
  • Use the Services or any part thereof for any commercial purpose;
  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Services, or to obtain any information from the Services using any method not expressly permitted by English Adventure;
  • Copy, modify or distribute rights or content from any Services or English Adventure’ copyrights or trademarks or use any method to copy or distribute the content of the Services except as specifically allowed in these Terms of Use; or
  • Disrupt or attempt to gain unauthorized access to the Services or any part of them, through any means.

Without limiting any other remedies, English Adventure may, for any reason and at its sole discretion, limit, suspend, terminate, modify, or delete accounts or access to the Services or portions thereof, with or without notice to you.

Termination of your account can include disabling your access to the Services or any part thereof.

Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in an account, and you further acknowledge and agree that all rights in and to an account are and shall forever be owned by English Adventure.

  1. DISCLAIMERS AND LIMITATIONS OF LIABILITY

THE SERVICES AND ALL MATERIALS CONTAINED IN THEM ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE.

English Adventure is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of the Services or with respect to the information and material contained in these Services. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you.

You are using the Services at your own responsibility and risk. English Adventure does not take any responsibility, or provide any warranties, for the outcomes resulting from the use of the Services, nor does it guarantee any result of any kind. English Adventure shall not be held responsible for any malfunction or damages caused by using the Services, downloadable files and/or installation of Services.

English Adventure does not guarantee that the Services will be at all times updated, reliable, complete or free of errors. English Adventure reserves the right, at any time and at its sole discretion, to edit or remove any part of the Services, without notifying you. Accessing and using the Services is to be done at your own responsibility and risk.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ENGLISH ADVENTURE, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND REPRESENTATIVES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED IN THE SERVICES WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY ENGLISH ADVENTURE OR ANY THIRD PARTY.

The entire risk arising out of the use of the Services remains with you.

Notwithstanding the foregoing, in no event shall English Adventure’s liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you to English Adventure, if any.

  1. INDEMNIFICATION

You agree to indemnify, defend and hold harmless, English Adventure and its respective officers, directors, employees, agents, licensors and representatives from and against all claims, demands, losses, expenses, damages, obligations and costs, including reasonable attorneys’ fees, resulting from: (a) your use of the Services; (b) your user account; and (c) any violation of these Terms of Use by you.

You agree that the provisions in this paragraph will survive any termination of your account or of the Services.

  1. SEVERABILITY

In the event that any portion of these Terms of Use is found illegal or unenforceable, in whole or in part, by any court of competent jurisdiction, such provision shall be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the remaining provisions, which shall continue to be in full force and effect.

  1. GOVERNING LAW AND JURISDICTION

These Terms of Use and the relationship between you and English Adventure shall be governed by the laws of the State of Israel without regard to its conflict of law provisions. You agree to submit claims and disputes to the exclusive jurisdiction of the competent court in the Tel Aviv, Israel.

Any cause of action you may have against English Adventure must commence within 12 months after the cause of action occurs, otherwise, such cause of action shall be permanently barred.

  1. GENERAL PROVISIONS

These Terms of Use contain the entire understanding of you and English Adventure and supersede all prior understandings, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Services.

You may not assign or transfer these terms of use and any rights and license thereof to any third party. English Adventure is entitled to assign these terms of use to any third party, at its sole discretion and without any restriction, and is not obligated to provide you with a notice in this regard.

English Adventure may send you notices via e-mail.

All notices given by you or required from you under these Terms of Use shall be in writing and addressed to [email protected] .

 

English Adventure Ltd.