LANGUAGE

Terms Of Service

Last Updated: March 15, 2013
Version 1.0

Welcome to TurksLearnEnglish.com a web-based service (“the Service” or “Website” or “the Site”) provided by Global Online Language Services Inc. (“GOLS“). The Service is designed to provide language learning content, language-learning curriculum, and to facilitate language exchanges and foreign language practice. The following Terms of Service (“Agreement”, “Terms”) governs your access to and use of the Site and the Service(s) made available from the Site. Please review the entire Agreement carefully. By accessing or using any portion of the Service, you signify that you have read, understand and agree to be bound by this Agreement, including all GOLS policies that apply to your use of the Service.

PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

1. Changes

GOLS reserves the right, in its sole discretion, to change, modify, add, or delete portions of this Agreement at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date this Agreement was last revised. Your continued use of the Service after any such changes constitutes your acceptance of the changes for your use of the Service after the effective date of those changes. If you do not agree to abide by this Agreement or any future version of this Agreement, your sole remedy is to not use or access the Service. It is your responsibility to regularly check the Site to determine if there have been changes to this Agreement and to review such changes.

2. Eligibility

Use of the Service is void where prohibited. By using the Service, you represent and warrant that you agree to and will abide by all of the terms and conditions of this Agreement. Children under 13 are only authorized to use the Service with the written authorization by a parent or guardian that registers that child. Self-registration by children under 13 is strictly prohibited.

3. Registration

In order to access many features available on our Website, and in order to use certain services that may be offered on our Website, you will be required to register and create an account with GOLS (“GOLS Account”). When registering, you must fill in all mandatory fields with true, accurate, current and complete information about yourself as prompted in the registration form and maintain and promptly update this information to keep it true, accurate, current and complete. GOLS has the right to suspend or terminate your account and refuse any and all current or future use of the Service if it suspects that such information is untrue, inaccurate, not current or incomplete.

4. License

Subject to the terms and conditions of this Agreement, GOLS grants you a personal, limited, non-exclusive, revocable, non-transferable license, without the right to sublicense, to electronically access and use the Service solely to participate in the GOLS language learning community as intended and made available by GOLS. Except for those rights expressly granted in this Agreement, no other rights are granted, either express or implied, to you.

5. Term and Termination

This Agreement will remain in full force and effect while you use any portion of the Service or have a GOLS Account. GOLS may terminate your account at any time, for any reason, without warning. Even after your account is terminated, this Agreement will remain in effect. You may terminate your account at any time, for any reason – contact us here with a subject line of “delete my account”.

6. Fees

Registration for a GOLS Account and access to selected features of the Service are currently provided to you free of charge. GOLS may charge fees for access to certain portions of the Service or services available via the Service (“Paid Services”), and will notify you of those fees at the time that we offer you a Paid Service. By electing to access a Paid Service you authorize GOLS to direct its third party payment processor to charge the credit card identified by you (which you represent and warrant that you are authorized to use) all applicable fees for your use of that Paid Service, including all applicable taxes. If GOLS does not receive payment from your credit card provider, you agree to pay all amounts due upon demand and GOLS may suspend your access to the Paid Services or to the Service. You may cancel your use of a Paid Service or your account at any time. All sales are final and GOLS will not issue refunds under any circumstances, accept those deemed solely at the discretion of GOLS. You acknowledge that GOLS reserves the right to change its fees at any time.

At no time will you be charged without your prior knowledge and explicit consent.

7. Class Credits

The Service may include an opportunity for you to purchase a license to access group or one-on-one online language tutoring services (“Class Credits”). Class Credits may not be transferred or resold in any manner, including, without limitation, by means of any direct sale or auction service.

Class Credits must be used by you within one year of the date of purchase. If you do not redeem your Class Credits within one year of the date of purchase, they will be deducted from your account and you will not be able to use them. All Class Credits are forfeited if your account or access to the Service is terminated or suspended for any reason, in GOLS’ sole and absolute discretion, or if GOLS discontinues availability of some or all of the Service.

Price, exchangeability and availability of Class Credits are determined by GOLS in its sole discretion and are subject to change without notice. You agree that GOLS has the absolute right to manage, distribute, regulate, control, modify or eliminate Class Credits as GOLS sees fit in its sole discretion, and that GOLS will have no liability for exercising that right. All redemption of Class Credits for access to group or one-on-one online language tutoring services is subject to availability. All redemptions are subject to this Agreement and all limitations and requirements stated via the Service.

All purchases of Class Credits are final. Once you have redeemed a Class Credit, the Class Credit will be subtracted from your account and cannot be refunded or returned, except in GOLS’ sole discretion.

8. Availability

All Services are subject to availability. Class sizes are limited and spaces made available on a first-come, first-served basis. GOLS does not guarantee that any Service, including any Paid Service, will be available to you at the time you wish to use it.

9. Applicable Laws

You are required to comply with all applicable laws in connection with your access to and use of the Service, and such further limitations as may be set forth in any written or online notice from GOLS. As a condition of your access to and use of the Service, you warrant that you will not use the Service for any purpose that is unlawful or prohibited by this Agreement. Use of the Service is for your personal and non-commercial use unless otherwise agreed in writing by GOLS, and GOLS does not grant you any express or implied rights to access or use the Service for any other purpose.

10. Privacy

We may collect registration and other information about you through the Service. Our collection, use, and disclosure of this information is described in the GOLS Privacy Policy available here.

11. Security

You are responsible for maintaining the confidentiality of the password and username you provided during the registration process, and you are fully responsible for all activities that occur under your password or account. You agree to immediately notify GOLS of any unauthorized use of your password or username or any other breach of security.

12. Storage; Inactive Accounts

You acknowledge that GOLS may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that user data and other uploaded content will be retained by GOLS, the maximum number of messages or other content that may be sent from or received by an account on the Service, the maximum size of any message or other content that may be sent from or received by an account on the Service, the maximum disk space that will be allocated on GOLS servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access GOLS in a given period of time. You agree that GOLS has no responsibility or liability for the deletion or failure to store any messages, lesson submissions, lesson progress, lesson data, lesson submission comments, or other uploaded content maintained or transmitted by GOLS. You acknowledge that GOLS reserves the right to deactivate your account if it is inactive for longer than one year.

13. Copyrights

All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Site, and the selection, coordination, and arrangement of such content (“Content”), are owned by GOLS or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Any reproduction, copying, or redistribution of the Content for commercial purposes is strictly prohibited without GOLS’ prior written consent.

14. Trademark and Service Mark Rights

All rights in the product names, company names, trade names, logos, and designs of all GOLS or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to GOLS or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Service confers on you any license or right under any patent or trademark of GOLS or any third party.

15. Prohibited Uses Generally

Without limiting the foregoing, you agree not to:

  • Harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  • Use the Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Service;
  • Use automated scripts to collect information from or otherwise interact with the Service;
  • Upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
  • Upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
  • Register for more than one account, register for an account on behalf of an individual other than yourself (unless you are a minor’s legal guardian and are opening the account for the minor), or register for an account on behalf of any group or entity;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
  • Upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • Upload, post, transmit, share, store or otherwise make publicly available on the Service any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  • Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
  • Upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Intimidate or harass another user;
  • Upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
  • Use or attempt to use another’s account, service or system without authorization from GOLS, or create a false identity on the Service.
  • Upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of GOLS, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose GOLS or its users to any harm or liability of any type.

Violations of system or network security may result in civil or criminal liability. In accordance with this Agreement, GOLS will investigate and work with law enforcement authorities to prosecute users who are involved in such violations.

16. Member Disputes

You are solely responsible for your interactions with other members of the GOLS community, including your interactions with any tutors or teachers. GOLS reserves the right, but has no obligation, to monitor disputes between you and other members.

17. Third Party Software; Links to Third-Party Web Sites

Use of some portions of the Service, including certain Paid Services, requires you to download and install software from third party software vendors (“Third Party Software”). GOLS is not responsible for any Third Party Software or your use of, or inability to use, any Third Party Software. Before you purchase any Paid Services that rely on the use of Third Party Software, you should confirm that you are able to download, install, and use that Third Party Software.

The Service may contain links to other websites (“Linked Sites“). GOLS does not endorse, sponsor, recommend, or otherwise accept responsibility for any Linked Sites. In addition, Linked Sites are not under the control of GOLS, and GOLS is not responsible for the content or privacy practices of the Linked Sites, including, without limitation, links contained on Linked Sites or any changes or updates to Linked Sites. GOLS is providing access to Linked Sites to you only as a convenience, and the inclusion of links to Linked Sites is not an endorsement by GOLS in favor of any third party.

18. Notice of Copyright Infringement

GOLS respects the intellectual property rights of others, and asks you to do the same. It is GOLS’ policy to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on the Service in a way that constitutes copyright infringement, please contact GOLS’ copyright agent at the address below and provide the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyright-protected work that you claim has been infringed; (c) the location on the Service of the material that you claim is infringing; (d) your address, telephone number, and email address; (e) a statement by you regarding your good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. By submitting a copyright infringement notice, you acknowledge and agree that GOLS or its copyright agent may forward the information you provide in this notice to the person who uploaded the allegedly infringing material.

You may write to GOLS’ designated agent for notice of copyright infringement at:

Global Online Language Services Inc – Copyright Agent

374 St. Clements Ave, Toronto ON, M5N1M1, CANADA

By submitting a copyright infringement notice, you acknowledge and agree that GOLS or its copyright agent may forward the information you provide in this notice to the person who uploaded the allegedly infringing material.

19. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS.” GOLS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THE SERVICE, LINKED SITES, OR OTHER CONTENT THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SERVICE. GOLS DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GOLS DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (a) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (b) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (c) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE, (d) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SERVICE OR OTHERWISE BY GOLS, AND (e) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY GOLS OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.

GOLS MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT THE INFORMATION PROVIDED THROUGH THE SERVICE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR (d) THAT THE CONTENT ON THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND GOLS DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES.

20. Limitation of Liability

IN NO EVENT WILL GOLS OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICE OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH USE OF THE SERVICE, YOU RELEASE GOLS FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.

THE MAXIMUM TOTAL LAIBILITY OF GOLS, ITS LICENSORS AND SUPPLIERS TO YOU FOR ANY CLAIM UNDER THIS AGREEMENT, IS THE LESSER OF (A) THE AMOUNT RECEIVED BY GOLS FROM YOU DURING THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) $100. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND GOLS. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT.

These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if GOLS has been advised of the possibility of such damage, and even if any limited remedy fails of its essential purpose. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, GOLS’ liability in such jurisdictions will be limited to the extent permitted by law.

21. Indemnification

You will indemnify, defend and hold GOLS and its licensors, suppliers, and processors harmless (and our respective employees, directors, agents, affiliates and representatives) from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to your use of the Service or any activity on the Service via your account, your violation of this Agreement, or your violation of any rights of a third party through use of the Service.

22. Choice of Law and Forum

This Agreement is governed by the laws of the Province of Ontario. The provisions of the United Nations Convention on the International Sale of Goods and the Uniform Computer Information Transactions Act, however designated, are excluded and will not apply to this Agreement or any transactions under this Agreement. If there is any dispute between us concerning the Agreement or your access to or use of the Service, we both agree to submit to the personal and exclusive jurisdiction of the provincial courts and federal courts located in Toronto, Ontario for the purpose of litigating all such claims or disputes.

23. Feedback

If you provide feedback to GOLS regarding the Service (“Feedback”), you authorize GOLS to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to us a perpetual and irrevocable license to use the Feedback in any manner and for any purpose.

24. No Waiver

The failure of GOLS to enforce any provisions of the Agreement or respond to a breach by you or other parties will not in any way waive GOLS’ right to enforce subsequently any terms or conditions of the of the Agreement or to act with respect to similar breaches.