Term Of Service

These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions.

These Terms also govern visitors’ access to and use of any websites that use our Services, such as websites hosted on books4languages.com that are operated by our users.

For some other products and services, additional Terms of Service may apply and will be posted on the websites for those products and services.

Terms of Service

By accessing and/or using the websites, you agree to be bound by these Terms of Use. You are authorized to use the websites only if you agree to abide by all applicable laws, rules and regulations and these Terms of Use.

You have the legal capacity and authority to enter into these Terms of Use and perform its obligations hereunder and that it will comply with all applicable laws.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU MAY NOT ACCESS OR USE THE WEBSITES. BOOKS4LANGUAGES ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE, TO THE EXCLUSION OF ALL OTHER TERMS.

Subject to these Terms and our policies (including the Acceptable Use Policy, Honor Code, and course-specific eligibility requirements, and other terms), we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services. You may download content from our Services only for your personal, non-commercial use, unless you obtain Books4Languages’s written permission to otherwise use the content. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access.

1. Who’s Who

My language skills through its Books for languages brand (collectively, “we”, “us” or “Books4Languages”) provides you access to the Books4Languages websites, available at the entry-point URL books4languages.com, and to the information, services and other materials available on and through the websites, subject to the terms and conditions described in this document (these “Terms of Use”).

2. Your Account

No person other than you shall have any rights under these Terms of Service in relation to your access and/or use of the Site, the Service and/or the Content other than you and Books4Languages, provided that Books4Languages’ third party licensors may take action against you to enforce their Intellectual Property Rights or other rights.

When you create your account, and subsequently when you use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete.

You also agree that you will create, access, and/or use only one user account, unless expressly permitted by Books4Languages, and you will not share with any third party access to or access information for your account.

You acknowledge and agree that you will be responsible for each and every access or use of the Publish portions of the Site that occurs in conjunction with your Member Name and such passwords, and that Books4Languages is authorized to accept your Member Name and password as conclusive evidence that you wish to publish Content pursuant to these Terms of Use. Books4Languagesshall have no liability or responsibility to monitor the provision of Content under your member name and password.

3. Minimum Age Requirements

Any use or access by anyone under the age of 16 is prohibited, and certain regions and Content Offerings may have additional requirements and/or restrictions.

In order to Publish Resources, you must be 18 years or older.

4. Responsibility of Visitors and Users

The following list of items is strictly prohibited on the site:

  • Content that defames, harasses or threatens others;
  • Content that discusses illegal activities with the intent to commit them;
  • Content that infringes another’s intellectual property, including, but not limited to, copyrights or trademarks;
  • Profane, pornographic, obscene, indecent or unlawful content;
  • Advertising or any form of commercial solicitation;
  • Content related to partisan political activities;
  • Viruses, trojan horses, worms, time bombs, corrupted files, malware, spyware or any other similar software that may damage the operation of another’s computer or property; and
  • Content that contains intentionally inaccurate information or that is posted with the intent of misleading others.

You may not submit, post, publish, share, or otherwise distribute any of the above Strictly Prohibited Items on or via the Books4Languages Site.

5. Fees, Payment, and Renewal

Books4Languages offers paid Services for a fee. Unless otherwise stated, all fees are quoted in Euros (€). You are responsible for paying all fees charged by or for Books4Languages and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid Services. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Fees may vary based on your location and other factors, and Books4Languages reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services. Refunds may be available for paid Services as described in our Refund Policy.

6. General Representation and Warranty

You agree that you are responsible for your own use of the Site and for your User Postings. “User Postings” include all content submitted, posted, published or distributed on the Site by you or other users of the Site, including but not limited to all forum posts, post publications, educational resources, collaborative edits, notes, questions, comments, videos, audios, presentations and file uploads. You agree that you will use the Site in compliance with these TOS, and all applicable local, state, national and international laws, rules and regulations, including copyright laws and any laws regarding the transmission of technical data exported from your country of residence.

As a condition of your use of the Books4Languages services, you will not use the Site in any manner intended to damage, disable, overburden or impair any Books4Languages server or the network(s) connected to any Books4Languages server or to interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to any Books4Languages server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information stored on the Site, its servers or associated computers through any means not intentionally made available through the Site.

Furthermore, you agree not to scrape, or otherwise download in bulk, any Site content, including but not limited to a list or directory of users on the system, educational resources, illustrations, User Postings or user information. You agree not to misrepresent or attempt to misrepresent your identity while using the Site (although you are welcome and encouraged to use an anonymous username in the forums and to act in a manner that keeps your identity concealed).

You can not use our Services or any functionality of the platform for anything other than for completing online courses or for pedagogical purposes.

You hereby represents and warrants as follows:

  • No portion of the Content as delivered to Books4Languages from time to time, contains any disabling mechanism or protection feature designed to prevent its use, copying or enjoyment in the manner contemplated in these Terms of Service, and all Content will be free of any virus, worm, lock, or other mechanism or device that may be used to modify, delete, damage or disable the Site or the Content or any other hardware or computer system, or which would otherwise render inaccessible or impair the use of the Content or the Site in any way;
  • the Content will include all necessary Descriptive Information to enable its effective marketing on the Site, which Descriptive Information will be complete and accurate in all material respects, and will not include false, misleading or inapplicable metadata intended to or which has the effect of keyword ‘doping’ or improperly altering search results that would otherwise be applicable to such Content

If and to the extent you are submitting Content to Books4Languages as an authorized representative of the applicable copyright owner(s), you acknowledge and agree that you will ensure that such copyright owner(s) comply with the terms of these Terms of Service where necessary; and you will be solely responsible for compensating the copyright owner(s) where applicable.

7. Roles

Visitor

A non registered user.  With the possibility of publishing, in a limited way, User Publications.

Student/Teacher

An user who can manage their profile and the possibility of publishing User Publications.

Author

An user who can manage their profile and the possibility of publishing User Publications and Resource Publications.

Contributor

An Author who can modify, reuse, remix, translate, copy, etc. the Content of others.

Editor

An user who can manage their profile and the possibility of publishing User Publications even if they are created from the content of others.

8. Copyright Infringement

You acknowledges that Books4Languages prohibits any Content or any other material that infringes on any patent, trademark, copyright, trade secret, right to privacy, right to publicity, or any other applicable law or proprietary right to be Published to the Site.

By Publishing the Content, you are warranting that you own all proprietary rights or are the authorized representative of the applicable copyright owner(s) of such Content, including copyright, in and to the Content with full power to grant the rights contemplated in these Terms of Use.
In addition, in the event that the Content contains images of people or persons, You represent and guarantee to have obtained, as part of the Descriptive Information, a valid and binding authorization of the model by all the corresponding parties such as the one you can find in the model authorization that will allow you to use the Content provided for in these Terms of Use, and that You will retain the original authorization and will provide a copy to Books4Languages, if required. You also warrant that when required in accordance with applicable law, you have also obtained a valid and binding authorization in the same way as it appears in the property authorization regarding identifiable properties contained in the Content that could lead to identifying the owner or that may be required by it, to allow wide use, including commercial use of Content Accepted by Books4Languages ​​and the customers of its Distribution Partners.

You agrees that neither Books4Languages nor any of its directors, officers, employees, partners, affiliates or agents shall be liable for any damages, whether direct, indirect, consequential or incidental, arising out of the use of, or the inability to use any Content or Descriptive Information, or any error, omission or other matter relating to a Model or Property Release respecting Content or Descriptive Information.

Using the member name that You have provided, Books4Languages shall use commercially reasonable efforts to credit you as the source of Accepted Content, but shall have no liability for lack of credit. You acknowledge and accept and therefore waive any right to object to the fact that it is common business practice for commercial uses that the creator of Content is not credited, that Content may be modified, used in connection with sensitive topics and may be used or modified in ways that may be controversial or unflattering.

9. Intellectual Property

The “Books4Languages” names, logos and seals are trademarks. You may not use any of these Trademarks, or any variations thereof, without the owner’s prior written consent. You may not use any of these Trademarks, or any variations thereof, for promotional purposes, or in any way that deliberately or inadvertently claims, suggests or, in these institutions’ sole judgment, gives the appearance or impression of a relationship with or endorsement by these institutions.
All Trademarks not owned by Books4Languages or the Members that appear on the Site or on or through the services made available on or through the Site, if any, are the property of their respective owners.

Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the owner of the applicable Trademark.

Any material protected by a trademark is excluded from the license applying to this site.
Many of the Books4Languages materials are licensed to you under a permissive or open license, and only to the extent any Books4Languages materials are not expressly licensed to you, we and our licensors reserve all rights not expressly granted in these Terms.

When modifying or making additions to Content that you have obtained from Books4Languages, the contribution made by You will be incorporated in the Collective Work in the terms applicable to these Terms of Use without there being a right of any kind to You in this regard to the Content, whose ownership will correspond solely and exclusively Books4Languages.

To grow the commons of free knowledge and free culture, all users publishing Content are required to grant broad permissions to the general public to re-use their contributions freely, so long as that use is properly attributed and the same freedom to re-use is granted to any derivative works. In keeping with our goal of providing free information to the widest possible audience, we require that when necessary all submitted content be licensed so that it is freely reusable by anyone who cares to access it:
(i) When you import or create new Content, your Content will be incorporated in the terms applicable to these Terms of Use, You, or your licensors, as applicable, retain ownership of the copyright and other intellectual property in Your Content, subject to the non-exclusive rights granted below.
(ii) When you modify or make additions to the Contents that you have obtained from Books4Languages to create derivative works, the contribution made by You will be incorporated into the Contents in the terms applicable to these Terms of Use, You, or your licensors, as applicable, retain ownership of the copyright in Your Content, subject to the exclusive rights granted below.

10. Content Publications

The parties acknowledge that the Provider may, from time to time, provide information and other material to Books4Languages using the ‘Publish’ or ‘Update’ procedures of the Site or such other procedures as the parties may mutually agree (collectively, “Content”) together with other information or documents relating to such Content or otherwise required to enable Books4Languages to realize the potential of the rights granted in the Content (“Descriptive Information”). Each publishing of content will be governed by the terms and conditions of these Terms of Service.

Although Books4Languages may permit Content to be submitted pursuant to certain applications from time to time, your ability to submit further Content to the Site shall be subject to policies and procedures outlined in the Site and such applications, the terms of which are incorporated by reference into these Terms of Use. Any breach of the rules relating to  Content outlined in the Site will be deemed to be a breach of these Terms of Service.

For all Content, you affirm, represent and warrant that you have the necessary rights, licenses, consents and/or permissions to reproduce and publish the Content and to authorize Books4Languages and its users to reproduce, modify, publish and otherwise use and distribute your Content in a manner consistent with the licenses granted by you below, and that neither your submission of your Content nor the exercise of the licenses granted below will infringe or violate the rights of any third party. You, and not Books4Languages, are solely responsible for your Content and the consequences of posting or publishing them.

For all Content, you hereby grant to Books4Languages a worldwide, transferable, assignable, sub licensable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute, re-distribute, relicense and otherwise use, make available and exploit your Content, in whole or in part, in any form and in any media formats: (i) through the Site; (ii) through other venues owned or operated by Books4Languages or its affiliates from time to time, and (iii) through Distribution Partners; and
The right to grant perpetual, worldwide, licenses or sublicenses to end-users. Books4Languages and its Distribution Partners will determine the terms and conditions of all licenses of Contenido granted by them, but will not use or license Content for uses that are defamatory, pornographic or otherwise illegal.

By submitting or distributing your Content, you hereby grant to each user of the Site a non-exclusive license to access and use your Content in connection with their use of the Site for their own personal purposes.

In addition to the foregoing grant Books4Languages and its Distribution Partners may post, reproduce, modify, display, make derivative works or otherwise use any Content for their own business purposes relating to the promotion of the Site, the Content and their distribution programs, and promote the licensing of Accepted Content (including, without limitation, the use of the Accepted Content and Your registered and unregistered trademarks for marketing, sales and promotional efforts whether on the Site or through third parties). No compensation shall be due to You for use of Content for such business purposes.

USER POSTINGS

By submitting or distributing your User Postings, such as homework, quizzes, exams, projects, other assignments you submit, posts you make in the forums, and the like (“User Postings”), with Books4Languages, instructors, and/or other users, You retain all intellectual property rights in, and are responsible for, the User Postings you share.

RESOURCES POSTINGS

By submitting or distributing your Resources Postings, such as training resources, video tutorials, podcasts, questionnaires, exams, projects, other tasks that you send for training purposes (“Resources Postings”), with Books4Languages, instructors, and/or other users, You retain all intellectual property rights in, and are responsible for, the User Postings you share.

Books4Languages has policies and processes which must be adhered to prior to Content being posted on the Site Notwithstanding that some qualitative standards are required to be met, Books4Languages does not and cannot review all Content or Descriptive Information Published to the Site and is not responsible for the Books, quality, or consequences of your publish such Content or Descriptive Information. Notwithstanding the foregoing, Books4Languages reserves the right to delete, move, refuse to accept or edit any Content that it may determine, in its sole discretion, violates or may violate these Terms of Service, the intellectual or proprietary rights of others, any of its policies or is otherwise unacceptable in its discretion.

Resources Postings does not include course content or other materials made available on or placed on to the Books4Languas platform by or on behalf of Books4Languaes’s Content Providers or their instructors using the Services, the Content Offerings; as between Books4Languages and its Content Providers, such Content Offerings are governed by the relevant agreements in place between Books4Languages and its Content Providers.

Accepted Content

The “Accepted Content” includes the Resource Postings that are offered through the different Books4Languages Catalogs.

Books4Languages shall have the right but not the obligation to correct any errors or omissions in any Content or Descriptive Information, as it may determine in its sole discretion. You acknowledge that any screening of Content or Descriptive Information performed by Books4Languages to determine Accepted Content is done as a courtesy only.

Books4Languages, in its sole discretion, may determine which of such Content are suitable for posting on the Site or other means of direct or indirect distribution, and only such Content as it deems suitable will be considered “Accepted Content” for the purposes of applicable provisions of these Terms of Use.

NOTICE: You acknowledge that the Content you provide pursuant to these Terms o Use that becomes Accepted Content may be purchased or licensed by members of the Site or Distribution Partner sites with the intention that they will adhere to the terms of the applicable license agreement.

You wishes to appoint Books4Languages as its agent to license, sublicense and distribute the Content produced by You on the terms and conditions set forth in These Terms of Service.

Promoted Content

Accepted Content may be included in one or more current or future Content collections (“Collections”) made available for licensing or distribution by Books4Languages or third party distributors (each a “Distribution Partner”).

11. Disclaimer of Warranties

THE SITE, INCLUDING ANY CONTENT CONTAINED THEREIN, ARE PROVIDED BY BOOKS4LANGUAGES “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

BOOKS4LANGUAGES DOES NOT REPRESENT OR WARRANT THAT THE SITE OR THE CONTENT WILL BE MADE AVAILABLE FOR SALE OR LICENSE OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

BOOKS4LANGUAGES DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY CONTENT AVAILABLE FOR DOWNLOADING THROUGH THE SITE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.

12. Limitation of Liability

BOOKS4LANGUAGES AND THE BOOKS4LANGUAGES PARTICIPANTS (AS HERINAFTER DEFINED) DO NOT WARRANT THAT THE SITE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE CONTENT PROVIDED WILL MEET YOUR NEEDS OR EXPECTATIONS. BOOKS4LANGUAGES AND THE BOOKS4LANGUAGES PARTICIPANTS ALSO MAKE NO WARRANTY ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, OR QUALITY OF THE SITE OR ANY RESOURCES OR CONTENT, OR THAT ANY PARTICULAR RESOURCES OR CONTENT WILL CONTINUE TO BE MADE AVAILABLE.

USE OF THE SITE, AND THE CONTENT AND SERVICES OBTAINED FROM OR THROUGH THE SITE, IS AT YOUR OWN RISK. YOUR ACCESS TO OR DOWNLOAD OF INFORMATION, MATERIALS OR DATA THROUGH THE SITE OR ANY REFERENCE SITES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA, UNLESS OTHERWISE EXPRESSLY PROVIDED FOR IN THE BOOKS4LANGUAGES PRIVACY POLICY.

The Site may include hyperlinks to sites maintained or controlled by others. Books4Languages and the Books4Languages participants are not responsible for and do not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these sites. If you decide to access linked third-party websites, you do so at your own risk.

You understand that when using the Site you will be exposed to Content from a variety of sources and that neither Books4Languages nor the Books4Languages Participants are responsible for the accuracy, usefulness, reliability or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, defamatory, indecent or objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Books4Languages or any of the Books4Languages participants with respect thereto. Neither Books4Languages nor any of the Books4Languages participants endorse any User Postings or any opinion, recommendation or advice expressed therein. Neither Books4Languages nor any of the Books4Languages participants have any obligation to monitor any User Postings or any other user communications through the Site.

However, Books4Languages reserves the right to review the Content and to exercise its sole discretion to edit or remove, in whole or in part, any Content at any time and for any reason, or to allow the Books4Languages participants to do so. Without limiting the foregoing, upon receiving notice from a user or a content owner that a Content allegedly does not conform to these TOS, Books4Languages may investigate the allegation and determine in its sole discretion whether to remove the Content, which it reserves the right to do at any time and without notice.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER BOOKS4LANGUAGES NOR ANY OF THE BOOKS4LANGUAGES PARTICIPANTS WILL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, OR YOUR (OR ANY THIRD PARTY’S) USE OF OR INABILITY TO USE THE SITE, OR YOUR PLACEMENT OF CONTENT ON THE SITE, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITE, WHETHER YOUR CLAIM IS BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW.

IN PARTICULAR, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BOOKS4LANGUAGES NOR ANY OF THE BOOKS4LANGUAGES PARTICIPANTS WILL HAVE ANY LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE AND WHETHER OR NOT BOOKS4LANGUAGES OR ANY OF THE BOOKS4LANGUAGES PARTICIPANTS HAS BEEN NEGLIGENT OR OTHERWISE AT FAULT (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF PROFITS, LOSS OF DATA OR INTERRUPTION IN AVAILABILITY OF DATA, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.).

IN ANY EVENT, BOOKS4LANGUAGES’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR IN RESPECT OF THE USE OR EXPLOITATION OF ANY OR ALL PART OF THE SITE OR THE CONTENT IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO THE FEES COLLECTED BY BOOKS4LANGUAGES FOR THE CONTENT THAT IS THE SUBJECT MATTER OF THE CLAIM, BUT IN ANY EVENT WILL NOT EXCEED ONE THOUSAND (1,000.00 €) EUROS.

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF BOOKS4LANGUAGES OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, AGENTS OR LICENSEES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

13. Third Party Services

Through the Services, you will have the ability to access and/or use content provided by collaborators, other users, and/or other third parties and links to websites and services maintained by third parties. Books4Languages cannot guarantee that such third party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. Books4Languages disclaims any responsibility or liability related to your access or use of such third party content.

Educational partners

Books4Languages Services may allow you to enroll in Programs offered by our educational partners on the Books4Languages Platform. Books4Languages’s educational partners serve as the distance education providers of these programs and determine admissions, refund, and graduation or completion policies and requirements. Nothing in these Terms shall restrict the applicability to you of any institutional policies established by our educational partner in connection with these programs (e.g., student codes of conduct); such policies shall supplement these Terms and to the extent there is a conflict between such policies and these Terms, as between you and our educational partner, our educational partner’s policies shall govern.

14. Confidential Information

You acknowledges that the Confidential Information (defined below) which it obtains through the entering into of this Agreement, the use of the Site and the provision of Content constitutes valuable, confidential, proprietary information of Books4Languages and its licensors, and agrees that during the term of these Terms of Use and thereafter it shall not, without the express written consent of Books4Languages, use or disclose to any other person any such Confidential Information, except as specifically authorized under these Terms of Use.

For the purposes of these Terms of Use, “Confidential Information” means any and all data, information, documents, software or materials relating to the business and management of Books4Languages, its members, affiliates, licensors or licensees, that is designated as confidential or ought reasonably to be considered confidential, including but not limited to: their business model and operations, processes, products, designs, pricing, promotions, business plans, business opportunities, alliances, Books, graphics, documentation, finances, research, development, know-how, trade-secrets, training materials, personnel, identities or personal information of any kind pertaining to members, clients, methodologies, Site Content belonging to others and other intellectual property.

15. Changes

We reserve the right to change or modify these Terms of Use (and the documents incorporated into it by reference) at our sole discretion at any time. When we make changes, we will revise the “last updated” date at the top of the policy. If there are material changes to this statement or in how Books4Languages will use your personal information, we will notify you by prominently posting a notice of such changes here or on our home page, or by sending you an email. We encourage you to review this policy whenever you visit one of our sites.

Your continued use of the websites constitutes acceptance of any changes or modification made by us to these Terms of Use.

16. Termination

We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend or stop a Service altogether. Accordingly, Books4Languages may terminate your use of any Service for any reason. We reserve the right to suspend, disable, or terminate the accounts and remove the content of users who repeatedly infringe or are repeatedly charged with infringing the copyrights, trademarks, or other intellectual property rights of others.

We may not be able to deliver the Services to certain regions or countries for various reasons, including due to applicable export control requirements or internet access limitations and restrictions from governments.

If your use of a paid Service is terminated, a refund may be available under our Refund Policy.

None of Books4Languages, its participating institutions and instructors, its contributors, sponsors, and other business partners, and their employees, contractors, and other agents (the “Books4Languages Parties”) shall have any liability to you for any such action. You can stop using our Services at any time, although we’ll be sorry to see you go.

If you wish to terminate the Agreement or your WordPress.com account, you may simply discontinue using our Services, or, if you are using a paid service, you may cancel at any time, subject to the Fees, Payment, and Renewal section in these Terms.

All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, Confidential Information, warranty disclaimers, indemnity, and limitations of liability. Likewise, the termination or expiration of this Agreement shall not alter or affect the rights granted to licensees or sub-licensees by Books4Languages pursuant to these Terms of Use.

When deletion is requested or otherwise required, we will anonymise the data of data subjects and/or remove their information from publicly accessible sites if the deletion of data would break essential systems or damage the logs or records necessary to the operation, development, or archival records of the Catalog of Publications of Books4Languages.

In addition, Books4Languages may deem an account to be terminated and may off-set any fees or credits contained in such account against its costs of administration if there has been:
(i) in the reasonable opinion of Books4Languages, any material misrepresentation made as to the capacity, identity or copyright ownership of Content or You; or
(ii) no log-in or other activity in the account for 24 months despite reasonable commercial efforts to contact You based on the information provided through the Site as part of the account profile of You.

17. Jurisdiction and Applicable Law.

The Terms of Service and the relationship between you and Books4Languages shall be governed by the laws of Valencia (Spain), without reference to its laws relating to conflicts of law. You and Books4Languages agree to submit to the exclusive jurisdiction of the Spanish courts, except that Books4Languages may seek injunctive relief in any jurisdiction in order to enforce its rights under these Terms of Service.

You consent to service of any required notice or process upon you by registered mail or overnight courier with proof of delivery notice, addressed to the address or contact information provided by you at the time you are first granted access to the membership portions of the Site.

You agree to waive any right you may have to (i) trial by jury; and (ii) to commence or participate in any class action against Books4Languages related to the Site, this Agreement or any other agreements which may be incorporated by reference therein

If Books4Languages is obligated to go to court or arbitration to enforce any of its rights, or to collect any fees, you agree to reimburse Books4Languages for its legal fees, costs and disbursements if Books4Languages is successful.

18. Arbitration Agreement

Any disputes arising from or related to these Terms of Service or its enforceability, or the business relationship between the parties, shall be finally settled by binding, confidential arbitration by a single arbitrator. The arbitration proceedings shall be conducted in Spanish and all documentation shall be presented and filed in Spanish. The decision of the arbitrator shall be final and binding on the parties, and judgment may be entered on the arbitration award and enforced by any court of competent jurisdiction.

The prevailing party shall be entitled to recover its reasonable legal costs relating to that aspect of its claim or defense on which it prevails, and any opposing costs awards shall be offset. Notwithstanding the foregoing, Books4Languages shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of Books4Languages, such action is necessary or desirable.

The parties agree that, notwithstanding any otherwise applicable statute(s) of limitation, any proceeding within the scope of this paragraph shall be commenced within two years of the acts, events, or occurrences giving rise to the claim.

19. Indemnification

You agree to defend, Books4Languages and the Books4Languages participants, and their respective subsidiaries, affiliates, officers, collaborators, users, governing board members, agents and employees (collectively, the “Books4Languages Parties”) hold harmless and indemnify from and against any and all claims, actions or demands, liability, losses, costs and expenses (including reasonable legal fees on a solicitor and client basis, litigation costs …) incurred by any Books4Languages Party as a result of or in connection with: (i) any use or alleged use of the Site or provision of Content under your Member Name by any person, whether or not authorized by you; (ii) or resulting from any communication made or Content publish under your Member Name; (iii) any breach by you of these Terms of Use; or (iv) any claim threatened or asserted against any Books4Languages Party to the extent such claim is based upon a contention that any of the Content used within the scope of these Terms of Use infringes any law, copyrights, trade secrets, trademarks, right of privacy, right of publicity or other intellectual or other property rights of any third party.

Books4Languages reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Books4Languages’s defense of such claim. You agrees that Books4Languages shall have the right to determine whether and to what extent to proceed against a licensee or other third party (an “Infringer”) for any violation of a license agreement or alleged infringement of other rights of You.

You hereby releases Books4Languages from any and all claims You might have, either directly or indirectly, arising out of or in connection with a determination by Books4Languages to proceed or not to proceed against any Infringer in any instance. Books4Languages hereby agrees that any monetary recovery it receives as a result of any legal or enforcement action taken against any such Infringer, to the extent such monies are intended to compensate Books4Languages for lost licensing fees or statutory damages, shall, after deduction of all costs and expenses incurred in gaining such recovery (including, without limitation, reasonable counsel and experts’ fees and disbursements on a solicitor and client basis) incurred by or on behalf of Books4Languages in connection with such action, be divided between You and Books4Languages.

In the event Books4Languages elects not to proceed against an Infringer, You shall have the right to proceed against such Infringer for such license violation or infringing action. You hereby agrees that any monetary recovery it receives as a result of any legal action taken against any such Infringer, to the extent such monies are intended to compensate You for lost licensing fees or include statutory damages, shall, after deduction of all costs and expenses incurred in gaining such recovery (including, without limitation, reasonable counsel and experts’ fees and disbursements on a solicitor and client basis), be divided between You and Books4Languages.

20. Translation

These Terms were originally written in Spanish (ES). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms and the Spanish version, the Spanish version will control.

21. Miscellaneous

The failure of Books4Languages to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

You agree that these Terms of Service represent the entire understanding between you and Books4Languages in respect of your relationship with Books4Languages as a User.

You specifically agree and acknowledge that you have, in addition to the terms of these Terms of Use, reviewed the Privacy Policy and any other agreements which may be incorporated by reference therein, and to the extent of their incorporation in these Terms of Use you agree to be bound by them.

These Terms of Service supersede any previous agreements between you and Books4Languages including any previous version of these Terms of Service.

22. Other Terms

These Terms of Use do not create an employment, agency, partnership, or joint venture relationship between You and Books4Languages. If You have not signed a separate agreement with us, these Terms of Use are the entire agreement between You and Books4Languages. If there is any conflict between these Terms of Use and a signed written agreement between You and Books4Languages, the signed agreement will control.

You understand that, unless otherwise agreed to in writing by Books4Languages, You have no expectation of compensation for any activity, contribution, or idea that you provide to Books4Languages or the community.

Thank You!

We appreciate your taking the time to read these Terms of Use, and we are very happy to have You contributing to Books4Languages and using our services. Through your contributions, You are helping to build something really big, an important collection of reference Content that provides education and information to millions who might otherwise lack access.