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Terms & Privacy

Language Treks Terms of Use

Individual Users—Terms of Use

Updated: August 10, 2012

Welcome to the LanguageTreks website, a hosted service operated by Discover Spanish Inc. Any use of this website is subject to the following terms. 

Please read this Visitor Agreement; by using this website, you accept its terms.

1) RESERVATION OF RIGHTS

You may only access and use the materials on the Site. You may not copy, republish, transmit, or redistribute the Service, or any portion of the content or software (including photographs, learning activities, articles, or reference materials) in any way without our prior written permission.  Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited.

2) DISCLAIMER OF WARRANTIES AND LIABILITY

USE OF THE SITE IS AT YOUR OWN RISK.  YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE DISCOVER SPANISH LIBRARY WEB SITE.

DISCOVER SPANISH REMOTE-ACCESS LIBRARY WEB SITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

 

School Edition—Terms of Use

Updated: August 10, 2012

Welcome to the LanguageTreks website, a hosted service operated by Discover Spanish Inc. You must enter into this agreement if you use Discover Spanish School Edition  at your school.  BY SIGNING UP FOR DISCOVER SPANISH SCHOOL EDTION, YOU AGREE TO BE BOUND BY ALL TERMS OF THIS AGREEMENT AND ALL SPECIFICATIONS AND GUIDELINES INCORPORATED BY REFERENCE.

1) ELIGIBILITY.

Teachers who sign up for an account must be a Spanish teacher in grades 6-9 currently teaching at a public or private school in the United States. By using the Language Treks website, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the website does not violate any applicable law or regulation. Language Treks is for users of all ages. For children under 13, LanguageTreks requires parental consent.

 

2) GRANT OF LICENSE.

Language Treks hereby grants teachers in public and private schools who teach Spanish in grades 6-9 a limited license to access Discover Spanish School Edition FREE of charge. This offer is for unspecified length of time. The license shall include all system upgrades to the system. Access to Language Treks Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Language Treks’ control. While Language Treks attempts to insure that its website is normally available 24 hours a day, Language Treks shall not be liable if for any reason the website is unavailable at any time or for any period; provided however, that Language Treks shall use its best efforts to provide adequate capacity and bandwidth to support the website. Any rights not expressly granted in these terms are reserved.

3) YOUR LANGUAGE TREKS ACCOUNT AND DATA

If you create an account with Language Treks, you are responsible for maintaining the security of your account and data. Data includes the progress of your students in the course. Students under the age of 13 should seek parental consent before using the program. You must immediately notify Language Treks of any unauthorized uses of your data, your account or any other breaches of security. Language Treks will not be liable for any acts or omissions by You, or the deleting of data from your account.

4) LANGUAGE TREKS INTELLECTUAL PROPERTY.

Without our prior written consent, you may not use our intellectual property, including, without limitation, our trademarks, trade names, or copyrighted material, in any manner. Viewing, printing, or downloading of any content, graphic, form, or document from this Site grants you only a limited nonexclusive license for your personal use and does not authorize republication, distribution, assignment, sale, or preparation of derivative works unless you have received Language Trek’s express written permission for such use. No part of any content, form, or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal, not-for-profit use.

5) FEEDBACK AND UNSOLICITED SUBMISSIONS.

In the event that you send us any feedback or submissions such as, but not limited to, ideas for improving the “Product,” then all such submissions shall automatically become the property of Language Treks. Except for those portions of submissions containing personal information restricted by our Privacy Policy, Langauge Treks shall have the right to use the Submissions in any manner at its sole discretion. Language Treks shall not be required to compensate you for the Submissions.

6) PRIVACY POLICY

Please see our Privacy Policy statement.

7) INDEMNIFICATION.

You hereby agree to indemnify, defend and hold us harmless from and against any and all liability, damages, loss or expense (including reasonable attorney’s fees) arising from a claim, demand, action or proceeding based upon infringement of any intellectual property or breach of any of your obligations set forth herein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our written consent.

8) TERMINATION.

You or we may cancel or terminate your access to the “Product.” We also reserve the right to restrict, suspend or terminate your access to the “Product” in whole or in part, without notice, with respect to any breach or threatened breach of any portion of these Terms of Service. If we terminate these Terms of Service based on a breach of any portion of these Terms of Service, we reserve the right to refuse to provide use and/or access to any Content to you in the future. You acknowledge that we shall not be liable to you or any third party for any termination of your access to this “Product.”

9) CHANGES TO AGREEMENT.

We reserve the right to change any of the terms of this Agreement at any time at our sole discretion. Any modification is effective following the posting to the Web Site or distribution via electronic mail or conventional mail. YOUR CONTINUED USE OF THIS SERVICE FOLLOWING OUR POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES.

10) DISCLAIMERS.

The “Product” including all content, software, functions, services, materials and information made available thereon or accessed by means thereof are provided “AS IS” and “WHEN AVAILABLE”, without warranties of any kind, either expressed or implied, including, but not limited to, implied warranties of merchantability, non-infringement, fitness for a particular purpose or compatibility.

11) LIMITATION OF LIABILITY.

Language Treks does not warrant that the “Product” including all content, software, functions, services, materials and information; or e-mail sent from Language Treks are free of viruses or other harmful components. In no event will Language Treks be liable to you for any indirect, special, incidental, or consequential damages including any lost profits, lost data, or lost savings, whether based on breach of contract, breach of warranty, tort, product liability, or any other legal theory even if Language Treks has been advised of the possibility of such damages. (Some states do not allow the exclusion or limitation of special, incidental, or consequential damages, so the above exclusion or limitation may not apply to you.)

12) MISCELLANEOUS.

This Agreement will be governed by the laws of the United States of America and the state of Tennessee, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Knoxville, Tennessee, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to, and be enforceable against the parties and their respective successors and permitted assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to enforce such provision or any other provision of this Agreement subsequently.