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Real English LLC ("Real English")
has established these Terms of Use to govern the use
of our software, web sites, message boards, bulletin
boards, chat rooms, email, technology, content, and other
services (collectively, the "Service"). Please
be advised that certain special features of the Service
offered through Real English may have separate registration
procedures and separate terms and conditions, terms of
service, user agreement, or similar legal agreement.
When you are using any Service provided by Real English
that does not have a separate legal agreement, then the
Terms of Use set forth here shall apply. By using
the Service, you agree, without limitation or qualification,
to be bound by, and to comply with following Terms of
Use:
Real English Online: The free
section of the Real English® site (REO or “Real
English® Online”) is for personal use only,
for individuals working at home. All organizations such
as Educational Institutions, Universities, Language Schools,
In-Company Training Centers, and Government Agencies
must purchase a Real English license. The videos
and sound files may not be stored on hard drives or other
devices for offline delivery. No copies to CD-ROMs, DVDs,
or other means of reproduction are permitted.
(a) Reservation of Rights.
By using the Service, you agree that this software and all images, audio, text,
video, and other information are made available for your use pursuant to
the Real English License Agreement and/or Service Agreement that you agreed
to when registering and/or subscribing with Real English (the "Real
English Agreements"). Your continued right to use the Service will be
subject to and restricted by these Terms of Use and the Real English Agreements.
Real English reserves the right to
modify these Terms of Use from time to time, without
notice. You are bound by any revisions made to these
Terms of Use and, therefore, you should periodically
review these Terms of Use so that you will be kept apprised
of any changes.
All materials including video and sound
files, html code, images, and design are copyright © 1992 – 2004
The Marzio School s.a.r.l. and copyright © 1999 – 2004
Real English L.L.C
Please Note: You may not copy,
transmit, record, broadcast or redistribute the Service,
or any portion of the content or software (including
photographs, learning activities, articles, or reference
materials), or use the content or software separate from
the Service; nor may you allow other persons to access
or use the Service. Any rights not expressly granted
in these Terms of Use or the Real English Agreements
are reserved by Real English.
(b) Fees and
Payments
The prices listed do not include any VAT or other applicable taxes; you will
be responsible for paying any such taxes. You agree that we may include some
or all of such taxes in your credit card charges. Real English may change the
subscription fees then in effect without notice. You are responsible
for all use of the Service accessed through your password.
(c) General
Terms of Use.
(i) By using the Service you acknowledge that you are an adult as defined
by the laws of the country or territory from which you are accessing the Service.
(ii) Real English reserves the right
to terminate your use if you have provided Real English
with false registration information, if you violate the
Terms of Use or the Real English Agreements, or if you
fail to pay us for amounts you owe under your payment
terms. Real English may modify its Service with or without
notice to you, and without liability to you or any third
party.
(iii) Please remember that you are
responsible for maintaining the secrecy of your account
number and/or password and that you are responsible for
all uses of your account. You agree to immediately notify
Real English (and your employer if the Service is provided
through it) of any unauthorized use of your account.
(iv) Real English or third parties
may, from time to time, send email messages to you containing
ads, promotions, etc. Real English makes no representations
about either the content of those email messages or the
goods or services offered in those messages. You agree
that Real English shall not have any liability with respect
to such content or messages.
(v) Real English's web site(s) ("Web
Site") may contain links to web sites operated by
other parties and such links are provided for your convenience
only. Real English does not control such web sites; you
agree that Real English is not responsible for their
availability or their content. Real English's links to
such web sites do not imply any endorsement of the material
on such web sites or any association with their operators,
goods, or services.
(d) Message Board, Bulletin Board,
Email, and Chat Room Conduct.
(i) The message boards, bulletin boards, email, chat rooms, or other message
services ("Messaging Services") are provided to you and other users
as an opportunity to communicate, practice your English learning, share ideas
and photographs, discuss global business issues and success stories, or learn
about other countries' culture and business practices. Please be courteous
and respectful to your fellow users. You agree not to use the Messaging Services
for chain letters, junk mail, "spamming," or solicitations (commercial
or non-commercial). You also agree not to send any message or material that
is unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene,
or otherwise objectionable or that could constitute a criminal offense, give
rise to civil liability, or otherwise violate any applicable law or regulation.
(ii) You should evaluate whether you
want to use the Messaging Services before using them.
By using the Messaging Services, you agree that Real
English shall not be responsible for any content in the
Messaging Services. Real English does not prescreen
or monitor the messaging content as a matter of policy. Real
English has the right, but not the responsibility, to
remove any messaging content which it deems harmful,
offensive, or otherwise in violation of the Terms of
Use or any rules we may have in place at the time. Real
English may choose to monitor some, all, or no areas
of the Messaging Services for adherence to the Terms
of Use or other rules that may be given to users.
(iii) You understand that all message
board, bulletin board, and chat communications are public
and not private communications. Users are responsible
for the contents of their message board, bulletin board,
and chat postings and the consequences of any such message
board, bulletin board or chat postings. Real English
reserves the right for any reason to remove without notice
any message content, but we have no obligation to delete
messaging content that you may find objectionable or
offensive.
(iv) You agree to use Messaging Services
only to send and receive messages and material that are
proper. When using the applicable Messaging Services,
you agree to stay on topic related to the particular
message board, bulletin board, or chat room. The following
are examples of prohibited use of the Messaging Services;
this is a guide and not a list of all prohibited uses. You
agree that when using the Messaging Services, you will
not:
- Defame, abuse, harass, stalk, threaten,
or violate the rights of privacy and publicity of others;
- Distribute or post any defamatory,
infringing, obscene, indecent, or unlawful message
or material. By posting any message or material in
the Messaging Services, you automatically grant, or
warrant that the owner of such material has expressly
granted, to Real English a royalty-free, perpetual,
irrevocable right and license to use, reproduce, modify,
perform, and display such material worldwide;
- Upload files or material that contain
software or other material protected by intellectual
property laws (or by rights of privacy of publicity)
unless you own or control the rights thereto or have
received all necessary consents;
- Upload files or materials that contain
viruses, corrupted files, or any other similar software
that may damage the operation of another's computer;
- Advertise or offer to sell any goods
or services, or conduct or forward surveys, contests,
or chain letters;
- Disrupt the flow of dialogue in
any of the Messaging Services or otherwise act in a
manner that negatively affects other participants;
- Download any file that you know,
or reasonably should know, cannot be legally distributed
in such manner; or
- Obtain or divulge any personal information
of any user or participant.
You also agree that you waive any privacy,
personal, or similar legal rights in connection with
the messages or material you post, distribute, or use
in the Messaging Services; and you warranty that the
author of the messages or material that you post, distribute,
or use on the Messaging Services, if not you, has explicitly
agreed to waive his or her (their) moral rights, privacy
or personal rights, or other legal rights for such message
or material.
(e) Disclaimer of Warranties
(i) You understand and agree that the Service, including without limitation
the Messaging Services, and any other services provided herein, such as the
Personal Editor service, are provided "as is." You agree that
your use of the Service is at your own risk, that any material and/or data
downloaded or otherwise obtained through the use of our Service, the Messaging
Services, or from other parties' web sites accessed via the Service is at your
own discretion and risk, and that you will be responsible for any damage or
loss of data to your computer system.
(ii) Real English and its suppliers
expressly disclaim all warranties of any kind, with respect
to the Service, including without limitation the Web
Site and Messaging Services, express or implied, including
without limitation any warranty of merchantability, fitness
for a particular purpose, or non-infringement.
(iii) Real English and its suppliers
make no warranty or representation regarding the results
that may be obtained from the use of the Service, regarding
any goods or services purchased or obtained through the
Service, or that the Service will meet your requirements,
be uninterrupted, timely, secure, or error free.
(iv) Real English and its suppliers
are not liable for any direct, indirect, incidental,
special, or consequential damages of any kind resulting
from the use of or the inability to use the Service,
resulting from any goods or services purchased or obtained
or messages received or transactions entered into through
the Service, resulting from loss of, unauthorized access
to, or alteration of your transmissions or data or for
the cost of procurement of substitute goods and services,
including but not limited to damages for loss of profits,
use, data, or other intangibles, even if we have been
advised of the possibility of such damages.
(v) You agree to indemnify, defend,
and hold harmless Real English and our affiliates, suppliers,
directors, and employees from any and all claims, liability,
damages, and/or costs (including, but not limited to,
attorneys fees) arising from your use of the Service
(including the Web Site or Messaging Services), your
violation of these Terms of Use, the Real English Agreements,
or your infringement, or infringement by any other user
of your account, of any intellectual property or other
right of any person or entity.
(vi) The opinions expressed in Real
English learning activities are provided only to encourage
discussion and language learning and are based on materials
which are in the public domain. To the best of our knowledge,
all information pertaining to real companies and individuals
is accurate and not confidential at the time of publication.
Certain of the documents, situations, or conversations
in the learning activities are hypothetical or imaginary
and are included for educational purposes only; they
are not intended to reflect actual statements or documents
by the referenced individuals or companies. Nothing
herein is intended to constitute a sponsorship or endorsement
of Real English or the Service by the individuals or
companies referenced in the learning activities.
(f) Privacy. It is Real English's
policy to take reasonable measures to respect the privacy
of its users' messaging content, and you also agree to
comply with all applicable laws and regulations concerning
rights of privacy.
(g) Privacy Policy. [top]
Real English collects certain personal
information from our users (such as names, email addresses,
addresses, etc.). We use this information to fill orders
promptly, to provide customer service assistance, to
improve the learning experience on the Service, and to
improve the content of the Service to better meet our
users' need. We may also want to share certain of such
personal information with third parties if we think that
they may benefit our users, including other businesses
and companies that sell a variety of products and services.
Real English will never share your credit card or billing
information with third parties. Because Real English
respects the privacy of its users, we will not share
your personal information with these other parties if
you do not want us to. If you do not want us to share
your personal information, simply send an email to privacy@Real
English.com requesting that we do not share it
with other parties. You may verify or change your personal
information at any time by going to My Profile Page.
In addition to personal information, Real English may
collect certain profile information from its users (such
as profession, education, age, and gender) in order to
improve our content, product offerings, and promotional
and marketing efforts. Real English may use such profile
information to create aggregate reports about its users.
The profile information and aggregate reports are anonymous
and do not contain information that can identify you
personally. Real English also collects anonymous information
by using “cookies.” Cookies are bits of electronic
information which a web site can transfer to your hard
drive to help tailor and keep records of your visit and
activities at the site. Since cookies are only text files,
they cannot run on your computer, be used to search your
computer for other information, or transmit any information
to anyone. Cookies allow web site operators to better
tailor visits to the site to the visitor’s individual
preferences. The use of cookies is standard on the Internet
and many major web sites use them. You can choose to
set your browser to notify you whenever you are sent
a cookie. This gives you the opportunity to decide whether
or not to accept the cookie. Real English uses cookies
to help provide you with a better experience on our Web
Site. Notwithstanding the above, Real English reserves
the right to disclose any content, records, or electronic
communication of any kind: (i) to satisfy any legal request;
(ii) if such disclosure is necessary or appropriate to
enforce these Terms of Use, the License Agreement, or
the Service Agreement; or (iii) to protect the rights
of Real English or its users or partners.
(h) Miscellaneous
(i) The Service is controlled by Real English from its offices in the state
of New Jersey, U.S.A. It can be accessed from around the world. As each user
shall likely be from places with laws that differ from those of New Jersey,
by accessing and using the Service, both you and Real English agree that
the laws of the State of New Jersey, without regard to the conflicts of laws
principles thereof, will apply to all matters relating to the use of the
Web Site and the Licensed Software. Further, you and Real English agree and
submit to the exclusive personal jurisdiction and venue of the Superior Court
of the State of New Jersey, County of Passaic, or the United States District
Court for the New Jersey, Third Circuit.
(ii) Any waiver of any provision of the Terms of Use will be effective only
if in writing and signed by Real English. A printed version of this Terms of
Use and of any notice given in electronic form shall be admissible in judicial
or administrative hearings based upon or relating to this Terms of Use to the
same extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form.
(i) Trademark
Real English® is registered as a legal
trademark in the United States of America and in 15 other
countries. The Real English® trademark is also protected
in other countries through international treaties.
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