ACCEPTANCE OF TERMS
DESCRIPTION OF SERVICES
English Gateway Inc. provides you with access to a variety of resources, including online and offline vocabulary lessons in text and audio formats, digital products, download areas, communication forums, online tutoring, video and audio conferencing (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
See the Privacy Statement disclosures relating to the collection and use of your information.
NOTICE SPECIFIC TO SOFTWARE AND PRODUCTS AVAILABLE ON THIS WEB SITE
Any software or products that are made available to download from the Services ("Software" and “Products”) is the copyrighted work of English Gateway Inc. and/or its suppliers. Use of the Software and Products is governed by the terms of the end user license agreement, if any, which accompanies the Software and Products ("License Agreement"). An end user will be unable to download and use any Software and Products that is accompanied by a License Agreement, unless he or she first agrees to the License Agreement terms.
The Software and Products is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE AND PRODUCTS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE AND PRODUCT.
THE SOFTWARE AND PRODUCT ARE WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, ENGLISH GATEWAY INC. HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE AND PRODUCTS, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
NOTICES REGARDING SOFTWARE, PRODUCTS, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEB SITE
IN NO EVENT SHALL ENGLISH GATEWAY INC. AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, PRODUCTS, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify ENGLISH GATEWAY INC. immediately of any unauthorized use of your account or any other breach of security. ENGLISH GATEWAY INC. will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by ENGLISH GATEWAY INC. or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any ENGLISH GATEWAY INC. server, or the network(s) connected to any ENGLISH GATEWAY INC. server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any ENGLISH GATEWAY INC. server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
USE OF SERVICES
The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
• Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
• Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
• Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
• Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses.
• Violate any applicable laws or regulations.
• Create a false identity for the purpose of misleading others.
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
ENGLISH GATEWAY INC. has no obligation to monitor the Communication Services. However, ENGLISH GATEWAY INC. reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. ENGLISH GATEWAY INC. reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
ENGLISH GATEWAY INC. reserves the right at all times to disclose any information as ENGLISH GATEWAY INC. deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ENGLISH GATEWAY INC. sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. ENGLISH GATEWAY INC. does not control or endorse the content, messages or information found in any Communication Services and, therefore, ENGLISH GATEWAY INC. specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized ENGLISH GATEWAY INC. spokespersons, and their views do not necessarily reflect those of ENGLISH GATEWAY INC.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO ENGLISH GATEWAY INC. OR POSTED AT ENGLISH GATEWAY INC. WEB SITE
The user acknowledges that any content, stories, offers, information, opinions (including, without limitation, reviews) ("Content") he or she may provide to the Web Site becomes the property of English Gateway, including all copyright, without reservation, and user waives in favour of English Gateway any and all moral rights in such Content. The user acknowledges and agrees that all or any portion of the Content may be used, edited, reproduced, published, translated, sublicensed, copied and distributed and/or incorporated into other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content, without compensation of any kind to the user.
By submitting Content to English Gateway, the user automatically warrants that he/she has the full right and authority to submit such Content, and that none of such Content is subject to any copyright or other proprietary right of a third party. Any Content expressed or made available by third parties, including any other user of the Web Site, are those of the respective third parties and not of Englsih Gateway or its licensors, or any of their officers, directors, employees or agents.
The owners and operators of the Web Site reserve the right to not publish, or to remove any Content that they deem in their sole discretion, to be inappropriate for the Web Site, for any reason whatsoever.
LINKS TO THIRD PARTY SITES
THE LINKS IN THIS AREA WILL LET YOU LEAVE ENGLISH GATEWAY INC. SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF ENGLISH GATEWAY INC. AND ENGLISH GATEWAY INC. IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. ENGLISH GATEWAY INC. IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. ENGLISH GATEWAY INC. IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY ENGLISH GATEWAY INC. OF THE SITE.
TRADEMARKS AND COPYRIGHTS
English Gateway Inc. owns and operates the English Gateway Inc. web Site.. English Gateway, TALK THE TALK (others) and related words, domain names and logos are trademarks and the property of English Gateway Inc. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
The material contained on the English Gateway Websites, including all portions thereof, content, site design, text, graphics, and the selection and arrangement thereof are Copyright © English Gateway Inc. ALL RIGHTS RESERVED.
No material from the Web Site or any web site owned, operated, licensed or controlled by English Gateway Inc. may be copied, reproduced, republished, posted, transmitted or distributed in any way, except as expressly authorized herein or by License. The user may print, in hard copy, portions of the Web Site only for the express purposes described herein for personal use only. The use of any such material for any other reason, on any other web site, or the modification, distribution or republication of this material without prior written permission from English Gateway is strictly prohibited.
DISCLAIMER AND LIMITATION OF LIABILITY
THE WEB SITE AND THE INFORMATION, PRODUCTS, SERVICES OR MATERIALS HEREIN ARE PROVIDED ON AN "AS IS, WHERE IS" BASIS. ENGLISH GATEWAY MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE WEB SITE OR ITS CONTENTS. ENGLSIH GATEWAY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BY USING OR ATTEMPTING TO USE THE WEB SITE, THE USER EXPRESSLY ACKNOWLEDGES THAT ENGLSIH GATEWAY MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE CONTENT OF THE WEB SITE: (i) THERE ARE NO WARRANTIES OR REPRESENTATIONS MADE REGARDING THE CONTENT OF THE WEB SITE IN TERMS OF HOW CURRENT IT IS, ITS ACCURACY, OR ITS COMPLETENESS; AND (ii) AS A SERVICE TO USERS OF THE WEB SITE, ENGLISHGATEWAY.COM INCLUDES LINKS TO OTHER WEB SITES OVER WHICH ENGLSIH GATEWAY HAS NO CONTROL. ENGLSIH GATEWAY PROVIDES NO ENDORSEMENT OR REPRESENTATION OF ANY KIND REGARDING THE PRODUCTS, SERVICES, CONTENT OR APPROPRIATENESS OF CONTENT OF SUCH WEB SITES, AND THE USERS HEREBY IRREVOCABLY WAIVES ANY CLAIM AGAINST ENGLISH GATEWAY WITH RESPECT TO SUCH WEB SITES.
EXCEPT AS SPECIFICALLY STATED ON THE WEB SITE, NONE OF ENGLISH GATEWAY OR ANY OF ITS RESPECTIVE EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEB SITE, OR ANY HYPERLINKED WEB SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
ALL PRICES QUOTED ARE IN US DOLLARS.
GOVERNING LAW AND JURISDICTION
The Web Site (excluding linked web sites) is controlled by English Gateway from its offices within the Province of Ontario, Canada. The Web Site can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of Ontario, by accessing the Web Site, the user agrees that all matters relating to access to, or use of, the Web Site, or any other hyperlinked web site, shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The user also agrees and hereby submits to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario and acknowledges that the user does so voluntarily and is responsible for complying with local laws.