TERMS & CONDITIONS OF USE
(Updated December 3, 2012)
The TalkAbroad Service is governed by the following Terms & Conditions:
"Professor" refers to a User who is an instructor at a university, college, high school, language school or other academic institution, and having responsibility for directing/structuring Student learning activities.
"Student" refers to a User who is either (i) enrolled at a university, college, high school, language school or other academic institution, and using the Service in connection with such enrollment, or (ii) a self-directed learner.
"Conversation Partner" refers to a User who has agreed to use the Service to interact with Students in his/her native language (or a non-native language in which he/she has demonstrated fluency), to aid Student spoken-language acquisition.
"Director" refers to a User who has agreed to provide certain administrative and other functions in a particular region, for the benefit of Company, its Service offering and its Users, including but in no way limited to recruiting, screening, monitoring and training Conversation Partners within that region.
The principal goals of Company's Service are (i) to allow Students greatly expanded opportunities to interact with Conversation Partners in their relevant language(s) of study, independent (insofar as possible) of geographical, scheduling and other limitations which have made traditional language study difficult; (ii) to provide interactive software tools, platform and environment, together with a conceptual framework, to facilitate Professor tasks such as instructing, evaluating, assessing, providing feedback to and testing Students; and (iii) otherwise to facilitate interactions between and among Professors, Students and Conversation Partners, as the case may be.
Professor - Each Professor must (i) establish a special Service account which grants that Professor certain administrative features and privileges with respect to those Students and Student subaccounts for which he/she has responsibility; (ii) verify that said Students meet all requirements for use of the Service, including without limitation age requirements (see Account Term #1 below); (iii) undertake primary supervisory responsibility for said Students' use of the Service; and (iv) promptly notify Company upon learning of any Student's ineligibility or noncompliance. Certain charges and other requirements may also apply to Professor accounts; please refer to http://www.talkabroad.com/pricing for further information.
Student - Each Student (with the exception of self-directed learners) must associate his/her Service account with the relevant Professor account(s), either at the time of Student account sign-up, or through subsequent changes to account dashboard settings. Certain charges and other requirements may also apply to Student accounts; please refer to published pricing pages for further information.
Conversation Partner - Each individual wishing to serve as a Conversation Partner must first have entered into a separate written agreement with an approved Director, and must satisfy and thereafter maintain all requirements for holding such status, as they may be established and updated by Director and/or Company from time to time in their sole respective discretion.
- You must in no event be less than thirteen (13) years of age to access and use the Service. By accessing or using the Service, (i) you represent that you are at least thirteen (13) years of age, and (ii) if you are not yet eighteen (18) years of age, you represent that your parent or legal guardian is aware of and has consented to such use and/or access.
- You must provide all information requested during the signup process and from time to time thereafter, fully and accurately, and update such information from time to time as necessary to maintain accuracy.
- Without in any way limiting the generality of Section 3 immediately above, you understand and acknowledge that interactive sessions established through the Service are (as a general rule, and with only very limited exceptions) recorded by Company or its designees, that such recorded sessions, in addition to being stored/archived indefinitely by or on behalf of Company, are then made available to the Student himself/herself, to all Professors associated with that Student's account, to the participating Conversation Partner(s), and to the Director(s) to whom said Conversation Partner(s) report, and that Company or its designees may thereafter edit, modify and/or link/associate certain other comments, annotations, multimedia files, etc., therewith. You hereby expressly consent to all such recording, editing, modification, storage/archiving, commenting/annotation, linking/association and distribution/sharing.
- Students may use the copies (in form as provided or otherwise made available to them) of recorded interactive sessions in which they were participants, in whole or in part, for any legal, non-commercial purpose.
- Professors may use the copies (in form as provided or otherwise made available to them) of recorded interactive sessions in which their Students were participants, in whole or in part, for any legal, non-commercial purpose, so long as they first obtain written consent from each Student participant.
- Neither Directors nor Conversation Partners may use any portion of any recorded interactive session for any purpose other than as necessary to perform their obligations hereunder, except with the express prior written consent of Company in each such proposed instance of use, which consent Company may grant or withhold in its sole discretion.
- Company is not liable for any errors, omissions or otherwise objectionable aspects of any User Material, or for any errors or omissions in its processing and/or transmission as provided herein.
- Only you may use your individual account login – login sharing is not permitted – and you are required to verify all User Material posted to or transmitted through the Service, and regularly to monitor your account.
The Service is subject to periodic modifications and improvements as we learn more from our Users. It is possible that the Service may contain errors which could cause malfunction, including possible loss of data during input, transmission or processing. You should maintain separate, safe copies of your data at all times.
You understand and agree that Company: (i) is not responsible or liable for any errors, or for any harm such errors may cause (including but in no way limited to recovery of or compensation for any data loss); (ii) is not obligated to correct any such errors; (iii) has no obligation to provide technical support related to use of the Service; and (iv) may modify, withdraw, or discontinue the Service at any time, with or without notice, in its sole discretion.
If you choose to register to use the Service, you will receive a password and account designation. You are solely and fully responsible for: (i) maintaining the confidentiality of your password and account, and (ii) all activities that occur through your password or account, including without limitation all User Material posted to or through your account. You agree to notify Company immediately upon becoming aware of any actual or potential unauthorized use of your password or account, or any other actual or potential breach of Company’s security. You will ensure that you logout from your account at the end of each session.
You are solely responsible for your use of the Service, and use it at your own risk. You agree not to post, upload, input, provide, submit, transmit, distribute or otherwise publish through the Service or the Software Client any User Material that, in Company’s sole judgment:
- may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. You further agree, represent and warrant that you hold all necessary rights with respect to such User Material;
- could constitute, encourage, aid or abet any criminal offense or enterprise, violate the rights of any party, or might otherwise create liability or violate any local, state, national, or international law;
- is false, misleading, libelous, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of any entity’s rights of privacy or publicity, abusive, inflammatory, hateful, religiously, racially or ethnically offensive, unlawful or otherwise objectionable;
- advertises products/services competitive with Company's or its merchant partners' product/service offerings;
- contains unauthorized private information of any third party, including, without limitation, addresses, phone numbers, email addresses, etc.;
- impersonates any person or entity, or otherwise misrepresents your affiliation with any person or entity, or is in any other way fraudulent in nature;
- involves unsolicited communications, advertisements, promotions or solicitations, including without limitation junk-mail/spam, whether or not commercial in nature;
- contains or comprises viruses, Trojan horses, corrupted data or other harmful, disruptive or destructive code; and/or
- is otherwise objectionable, or restricts or inhibits any other person from using or enjoying the Service or the Content, or that may tarnish Company’s image or brand, or may expose Company or its Users to any harm or liability of any type.
Company assumes absolutely no responsibility or liability for any User Material posted to or created through or in connection with the Service, whether by you, by any third parties using your account, by other Users, or by any other third parties.
Company a Limited Designee & Conduit
You understand and agree that Company, in providing the Service, is acting at all times solely as a limited designee and “conduit” in allowing for the creation, processing, use and transmission of User Material as provided herein, and otherwise facilitating interactions between and among Users. COMPANY HEREBY EXPRESSLY DISCLAIMS, TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, ALL RESPONSIBILITY AND LIABILITY FOR MISUSE OF USER MATERIAL BY ANY USER OR OTHER THIRD PARTY.
The Service, as it may be updated from time to time, including but not limited to trademarks, service marks, logos, and all text, designs, images, graphics, audio, video and other files, etc., and the selection and arrangement thereof, are subject to copyright, trademark, service mark, trade dress and/or other intellectual property rights held or licensed by Company, or by third parties with whom it interacts.
You may not use, copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works of any portion of the Service without first obtaining written permission from Company, which it may grant or withhold in its sole discretion. Without limiting the generality of the foregoing statement: (i) you may not copy or display any portion of the Service on any computer network or publish or broadcast any portion of the Service in any media, and (ii) you may not modify the Service or any copyright, trademark or other proprietary notice associated therewith in any way.
No right, title or interest in any portion of the Service is transferred to you as a result of your use thereof, and (as between Company and you) Company hereby reserves all right, title and interest, including but not limited to all applicable intellectual property rights, in and to the Service and all its component parts.
Copyright Infringement Notification Procedure
If you believe that any material available on or through the Service violates your copyright, you may send Company a copyright infringement notice. Section 512(c) of the Copyright Act requires that your notice must be in writing and must include substantially all of the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a complete list of all such works complained of at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity which is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material. Company requests complete URLs for each instance of such allegedly infringing material.
- Information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and, if available, an electronic mail address.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the copyright infringement notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Your written copyright infringement notice must be sent to Company's designated copyright agent via mail or email. Please be aware that Section 512(f) of the Copyright Act provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Company will terminate, in appropriate circumstances, account holders who it determines in its sole judgment are repeat copyright infringers.
Company’s designated copyright agent (“Copyright Agent”) may be contacted as follows:
Attn: Copyright Agent
PO Box 2942
Fremont, CA 94536
By email: email@example.com
The Copyright Agent should only be contacted if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through the Service. The Copyright Agent will not address any other inquiries.
We welcome feedback from our Users. However, any such comments, suggestions, ideas or other communications, together with any materials included therein and/or attached thereto, of whatever kind, whether audio, graphics, video, print or otherwise (collectively, "Feedback") submitted to Company, independent of the method of communication, shall be and remain the exclusive property of Company or its designees. Submission of any such Feedback shall constitute an assignment to Company or its designees of all worldwide rights, title and interest in all copyrights and other intellectual property rights regarding the Feedback, and a waiver of any moral rights therein (to the maximum extent not prohibited by applicable law). Company and its designees shall be free to use, reproduce, disclose, publish and distribute any submitted materials for any purpose whatsoever, without restriction and without compensation of any kind. We therefore request that you not submit any Feedback that you do not wish to assign in full, including all embedded and attached materials. You are solely responsible for all User Material you submit, whether as Feedback or otherwise, and Company assumes no liability whatsoever for any User Material.
THE SERVICE IS OPERATED BY COMPANY ON AN "AS IS" BASIS, AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, COMPANY HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT REPRESENT OR WARRANT THE ACCURACY, CURRENCY OR COMPLETENESS OF THE SERVICE, OR OF ANY INFORMATION (INCLUDING WITHOUT LIMITATION THIRD PARTY INFORMATION) PROVIDED THEREBY, OR THAT THE SERVICE IS FREE OF VIRUSES, TROJANS OR OTHER HARMFUL CODE, OR WILL OPERATE WITHOUT ERROR OR INTERRUPTION. COMPANY ASSUMES NO RISK OR RESPONSIBILITY FOR YOUR USE OF THE SERVICE, AND YOU UNDERSTAND AND AGREE THAT ALL SUCH USE IS AT YOUR OWN RISK.
COMPANY DOES NOT ENDORSE OR MAKE, AND TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, HEREBY EXPRESSLY DISCLAIMS, ANY REPRESENTATIONS, WARRANTIES, RESPONSIBILITY AND LIABILITY REGARDING ANY AND ALL USERS, SOFTWARE, PRODUCTS, SERVICES, DATA, WEBSITES AND OTHER CONTENT (INCLUDING WITHOUT LIMITATION THOSE OF NON-USER THIRD PARTIES) WHICH YOU MAY ACCESS OR USE THROUGH OR IN CONNECTION WITH THE SERVICE. REFERENCES AND/OR LINKS TO OTHER PRODUCTS, SERVICES, DATA AND/ORWEBSITES ARE PROVIDED SOLELY FOR YOUR CONVENIENCE.
COMPANY EXERCISES COMMERCIALLY REASONABLE EFFORTS TO ESTABLISH AND MAINTAIN RELATIONSHIPS WITH DIRECTORS (AND INDIRECTLY WITH THOSE DIRECTORS' SUBORDINATE CONVERSATION PARTNER EMPLOYEES/CONTRACTORS) WHICH COMPANY HAS ESTABLISHED TO ITS SATISFACTION ARE PROFESSIONAL AND TRUSTWORTHY. HOWEVER, AS BETWEEN YOU AND COMPANY, YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS (INCLUDING WITHOUT LIMITATION PROFESSORS, DIRECTORS AND CONVERSATION PARTNERS) AND NON-USER THIRD PARTIES IF ANY. YOU SHOULD ALSO EXERCISE CAUTION IN DISCLOSING ANY PRIVATE PERSONALLY-IDENTIFIABLE INFORMATION TO OTHER USERS AND NON-USER THIRD PARTIES. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE CONDUCT OF ANY USER OR ANY OTHER NON-USER THIRD PARTY, NOTWITHSTANDING ANY TOOLS OR PROCESSES WHICH COMPANY MAY PROVIDE TO FACILITATE COMMUNICATION. IF YOU FEEL THAT ANOTHER USER OR A NON-USER THIRD PARTY HAS BEHAVED INAPPROPRIATELY, YOU SHOULD IMMEDIATELY TERMINATE THAT INTERACTION AND REPORT THE BEHAVIOR COMPLAINED OF TO YOUR PROFESSOR (IF APPLICABLE) AND/OR TO COMPANY FOR INVESTIGATION.
WHILE COMPANY DOES NOT GENERALLY CONDUCT BACKGROUND CHECKS OR OTHERWISE INQUIRE INTO THE BACKGROUNDS OF ANY OF ITS USERS, NOR DOES IT GENERALLY MONITOR OR VERIFY USER MATERIAL OR COMMUNICATIONS, COMPANY NEVERTHELESS RESERVES THE RIGHT (WHILE DISCLAIMING ANY OBLIGATION), IN ITS SOLE AND ABSOLUTE DISCRETION: (i) TO ENGAGE IN SUCH MONITORING/VERIFICATION, AND (ii) TO TAKE SUCH OTHER ACTION AS COMPANY MAY DEEM APPROPRIATE, INCLUDING WITHOUT LIMITATION EDITING, POSTING CRITIQUES/RESPONSES/DISCLAIMERS AND/OR DELETING SUCH MATERIALS IN WHOLE OR IN PART. COMPANY'S EXERCISE OF ANY OF THE RIGHTS SET FORTH IN THIS PARAGRAPH ARE IN ADDITION TO AND NOT IN LIEU OF ANY OTHER REMEDIES WHICH COMPANY MAY HAVE AT LAW OR IN EQUITY. YOU AGREE TO EXERCISE APPROPRIATE CAUTION IN ALL INTERACTIONS WITH OTHER USERS AND NON-USER THIRD PARTIES.
APPLICABLE LAW MAY LIMIT OR DISALLOW THE DISCLAIMERS SET FORTH ABOVE, AND SO THESE DISCLAIMERS MAY NOT APPLY TO YOU, OR MAY APPLY ONLY IN PART.
LIMITATION OF LIABILITY
APPLICABLE LAW MAY LIMIT OR DISALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, AND SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, OR MAY APPLY ONLY IN PART.
Copyright © 2012 TalkAbroad, INC. All rights reserved.
(Updated December 3, 2012)
(Updated December 3, 2012)
What types of User information do we collect?
Information which you give us directly
We receive and may indefinitely store any information which you post to the Service or provide to Company in any other way. For example, we collect information which you provide when you register with us, modify your account, upload or participate in creation of User Material of certain kinds, contact us by telephone or email, submit an order, provide a payment, address messages to contacts in your address book for transmission via the Service, etc. This information may include, but is in no way limited to, your name, physical address, a valid email address, telephone number, credit card number, geographic location, etc.
Information which is automatically collected by our deployed technology
We also receive and may indefinitely store certain types of information automatically whenever you interact with the Service. For example, we use log data and electronic "cookies" like many other internet-based companies. Log data is automatically reported whenever you access the Service. This log data may include information such as the type of browser, other application and/or device you are using, which pages of the Service that you visit and how long you spend on each page, the number of times you accessed the Service, and other statistics. Cookies are small data files, alphanumeric identifiers which are automatically transferred to your computer's hard drive when you log into the Service, and may store certain types of personally identifiable information between visits, to identify you and your preferences (and possibly even to provide you with tailored content) when you interact with the Service. We may also adopt newer technologies (including by way of example only, and not of limitation, HTML 5 local storage) from time to time. You may disable acceptance of cookies by changing your browser settings, but doing so may have a negative impact on your experience in interacting with the Service, and may even result in certain aspects of the Service being unavailable to you.
Information provided by third parties
We may also receive and indefinitely store certain categories of information provided by third parties (e.g. Facebook, Twitter, bank accounts, credit card accounts, etc.) with whom you interact through the Service and/or have an independent relationship. You may even be able to connect or "link" your account with the Service to certain of these third party accounts/services (“Third Party Services”). In so doing, please be aware that you are consenting to release of a more or less continuous stream of information about you (in accordance with your privacy settings on those Third Party Services). If you do not want information about you, including personally identifiable information, to be shared in this manner, then do not use this feature. You may disconnect/unlink your account with the Service from a Third Party Service at any time.
Note regarding children’s privacy
We are committed to protecting children's privacy on the Internet and comply fully with the Children's Online Privacy Protection Act (COPPA). We do not knowingly allow individuals under the age of thirteen (13) to use or otherwise access the Service, and require that individuals under the age of eighteen (18) do so only with the consent of their parent or legal guardian. If a minor under the age of thirteen (13) has provided us with personally identifiable information, we ask that a parent or legal guardian contact Company at firstname.lastname@example.org and we will take appropriate action, up to and including deleting this information from our files.
Under what circumstances does our website share information it receives?
Other affiliated companies
We may share information collected through the Service, including personally identifiable information, with other of our affiliated companies, as we may find necessary or appropriate from time to time in our sole business judgment.
Third party individuals and organizations
Except as you may authorize from time to time during your use of the Service, or as we believe may be reasonably necessary in order for us to provide or improve the Service (see e.g. “Third Party Hosting and Storage” immediately below) and to comply with your Service instructions, we will not disclose or share your personally identifiable information with third party individuals or organizations, whether by way of sale, license or otherwise.
THIRD PARTY HOSTING, SERVING AND STORAGE
COMPANY MAY CONTRACT WITH THIRD PARTY SUPPLIERS/VENDORS FROM TIME TO TIME, TO PROVIDE FOR COMPANY’S HOSTING, SERVING STORAGE AND TELECOMMUNICATION NEEDS, ETC., INCLUDING WITHOUT LIMITATION STORAGE OF OUR USERS’ PERSONALLY IDENTIFIABLE INFORMATION. COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, AND HEREBY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY, FOR CULPABLE (INCLUDING WITHOUT LIMITATION NEGLIGENT) ACTS OR OMISSIONS BY ITS THIRD PARTY SUPPLIERS/VENDORS.
We may use our Users’ personally identifiable information as raw source data, either standing alone or in combination with other aggregate/anonymous and/or personally identifiable information available from other sources, to compile and derive various aggregate/anonymous statistics (“Aggregate Information”). Such Aggregate Information will under no circumstances include or disclose the personally identifiable information of any User. You understand and agree that we may use the Aggregate Information for any legal purpose, which includes but is not limited to promotional efforts, site usage analysis, and improvement of the Service, as well as disclosure, sharing, licensing and/or sale of the Aggregate Information to third party individuals and/or organizations, etc.
Protection of our business and of others
If some or all of our business assets involving the Service were ever sold or transferred, we would in most cases transfer any corresponding information regarding prior and current Users, including personally identifiable information, in connection with the transfer, in addition to retaining a copy of the information so transferred.
We use industry-standard security protocols, including but not limited to Secure Socket Layer (SSL) and Transport Layer Security (TLS), to protect the integrity and security of our Users’ personally identifiable information and other information as it is transmitted to us (and as the Service further transmits it to third party APIs). However, while we strive to protect your personally identifiable information and privacy, we cannot guarantee the security of any information which you disclose to us, and all such disclosures are at your own risk.
Links to other sites
While using the Service, you may be linked or referred to other sites over which we have no control, and for which we bear no responsibility. For example, if you "click" on banner advertisements, buttons or other links from the Service, you may be transferred to other Internet locations which are neither owned nor controlled by Company. These other Internet locations may maintain their own cookies regarding their visitors, and may collect data and/or solicit personally identifiable information in accordance with their own policies. Please exercise appropriate care when using the Service.
To contact us
If you have any questions or comments about the Service or related policies, you may contact us at email@example.com.
Copyright © 2012 TalkAbroad, Inc. All rights reserved.