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Terms of Service
Before signing up for an
account with John's ESL Community, you must review and accept the Terms and
Conditions. Signing up for an account implies such acceptance.
1. ACKNOWLEDGMENT AND
ACCEPTANCE OF TERMS OF SERVICE
John's ESL
Community is operated through services powered by under the terms and conditions contained in this document
(referred to as Terms and Conditions ). BY COMPLETING THE
REGISTRATION FORM AND CLICKING THE I ACCEPT BUTTON, YOU ARE
INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS set
forth below.
2. DESCRIPTION OF
SERVICE
John's ESL
Community is providing its Members with a capability to
create class web sites, printable and online worksheets and
send and receive electronic mail ( email ) via the World
Wide Web and on John's ESL Community
own system. There is no charge to the Member for these Service. However, you
must (1) provide all equipment, including a computer and modem, necessary to
establish a connection to the World Wide Web and (2) obtain access to the World
Wide Web and pay any service fees associated with such access.
3. MEMBER OBLIGATIONS
In consideration for this
Service, you agree to provide certain information about yourself as prompted to
do so by the Service, and update this information as necessary to keep it
current, complete and accurate. All information requested on original sign up
shall be referred to as registration data ( Registration Data ).
Furthermore, you are granting John's ESL Community the right to
disclose to third parties certain information about you; however, such
disclosures will exclude Member's name, mailing address, account and phone
number, unless you expressly direct John's ESL Community to disclose
such information or John's ESL Community is required to disclose
such information by operation of law or to comply with legal process served on
John's ESL Community . If any information provided by you is
inaccurate, John's ESL Community retains the right to terminate your
membership and all associated rights to the Service.
4. MODIFICATIONS TO
TERMS OF SERVICE
John's ESL
Community may change the Terms and Conditions of service from time to
time. It is your responsibility to check this document periodically for any
changes or modifications as there will be no individual notices to Members
regarding such changes or modifications. Your continued use of the Service
constitutes an affirmative acknowledgment by you of the Terms and Conditions and
any subsequent modifications made to them and your agreement to abide and be
bound by them.
5. MODIFICATIONS TO
THE SERVICE
John's ESL
Community reserve the right to modify or discontinue the Service with or without notice to its
Members. Neither John's ESL Community shall be liable to Member or
any third party should they exercise their right to modify or discontinue the
Service.
6. PRIVACY POLICY
It is John's ESL
Community's policy to respect the privacy of its Members. Therefore, in addition to the privacy of registration data John's ESL Community will not monitor, edit, or disclose the
contents of its Members' private communications unless required to do so by law
or in the good faith belief that such action is necessary to conform to the
edicts of the law or comply with legal process served on John's ESL
Community or to protect and defend the rights or property of John's
ESL Community . As a Member, you acknowledge and agree that John's
ESL Community neither endorses the contents of any Member communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or
any crime facilitated thereby.
As a Member you acknowledge and understand that certain
technical processing of email messages and their content may be required to send
and receive messages; conform to connecting networks' technical requirements;
conform to the limitations of the Service; or conform to other similar
requirements.
7. MEMBER ACCOUNT, PASSWORD,
AND SECURITY
Once you become a member
of the Service, you will receive a password and an account. You, alone, are
responsible for maintaining the confidentiality of your password. Furthermore,
you are entirely responsible for any and all activities which occur under your
account. You must immediately notify John's ESL Community of any
unauthorized use of your account or any other breach of security known to you.
You may change your password at any time by following instructions provided. You
may also set up a new account and close an old one at your convenience.
8. DISCLAIMER OF
WARRANTIES
MEMBER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF
THE SERVICE IS AT MEMBER'S SOLE RISK AND THAT THE SERVICE IS PROVIDED ON AN
AS IS AND AS AVAILABLE BASIS. John's
ESL Community EXPRESSLY DISCLAIM
Gulim;mso-fareast-language:KO">S ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
John's ESL Community MAKES NO WARRANTY THAT THE SERVICE WILL MEET
MEMBER'S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR FREE. John's ESL Community MAKES NO GUARANTEES AS
TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THE ACCURACY
OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS
IN THE SOFTWARE WILL BE CORRECTED.
John's ESL Community and MAKES NO WARRANTY REGARDING ANY GOODS OR
SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED
INTO THROUGH THE SERVICE.NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY MEMBER FROM John's ESL Community OR
THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME
OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
9. LIMITATION OF LIABILITY
John's ESL Community SHALL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST
OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF
MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF John's ESL
Community HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU.SHALL NOT BE HELD
RESPONSIBLE FOR ANY MESSAGES RECEIVED BY MEMBER, REGARDLESS OF THEIR CONTENT.
10. NO RESALE OR
COMMERCIAL USE OF THE SERVICE
You may not resell or make any commercial use of the
Service, nor may you use the service in such a manner as to profit from its use.
11. WORKSHEET STORAGE
AND OTHER LIMITATIONS
John's ESL Community assumes no responsibility for the deletion or failure to store worksheets, documents or email messages.
John's ESL Community has set no fixed upper limit on the number of
messages you may send or receive through the Service; however, John's ESL
Community retains the right, at its sole discretion, to determine whether
or not a Member's conduct is consistent with the letter and spirit of the Terms
and Conditions of this service. John's ESL Community may terminate
Service if a Member's conduct is found to be inconsistent with the intent of
this agreement.
12. MEMBER CONDUCT
You are solely responsible for the contents of your own
worksheets, messages and transmissions through the Service. Your use of
the Service is subject to all applicable local, state, national and
international laws and regulations. Therefore, you agree: (1) to comply with all
applicable laws regarding the transmission of technical data exported through
the Service regardless of the location of origination; (2) that you shall not use the
Service for illegal purposes; (3) that you shall not interfere or disrupt
networks connected to the Service; and (4) that you shall comply with all
regulations, policies and procedures of networks connected to the Service.The
Service makes use of the Internet to send and receive certain messages;
therefore, your conduct is subject to Internet regulations, policies and
procedures. Members may not use the Service to send chain letters, junk mail or
spam (unsolicited bulk e-mail) or to communicate with any person who has not
given specific permission to be included in such communications. In addition,
you may not transmit through the Service any unlawful, harassing, libelous,
abusive, threatening, harmful, vulgar, obscene or otherwise objectionable
material of any kind or nature. You further agree not to transmit any material
that encourages conduct that could constitute a criminal offense, give rise to
civil liability or otherwise violate any applicable local, state, national or
international law or regulation. Attempts to gain unauthorized access to other
computer systems are prohibited. Members may not interfere with another Member's
use and enjoyment of the Service or another entity's use and enjoyment of
similar services.Either John's ESL Community
may, at its sole discretion, immediately terminate Service should Member's
conduct fail to conform with these Terms and Conditions. John's ESL
Community reserves the right to terminate any
account that is inactive for
a period of 120 consecutive days
13.
INDEMNIFICATION
You agree to indemnify and hold, John's ESL Community its
officers, directors, employees, subsidiaries, affiliates, successors and
assigns, harmless from any third party claim or demand, including reasonable
attorneys' fees, made in connection with or arising out of your use of the
Service, your violation of the Terms and Conditions, or the infringement by you,
or other users of the Service using your membership, of any intellectual
property, right of privacy or publicity, or other right of any person or entity.
14.
TERMINATION/CANCELLATION
Either John's ESL Community may terminate the Service with or
without cause at any time and effective immediately
with or without notice of such termination. John's ESL Community shall not be
liable to you or any third party for termination of Service. Should
Member object to any terms and conditions of this service or any subsequent
modifications thereto or become dissatisfied with the Service in any way, your
sole and exclusive recourse is to immediately discontinue your use of the
Service; cancel your membership; and notify John's ESL Community of
your cancellation.Upon termination of the Service, your
right to use the Service and Software immediately ceases and you shall have no
right and John's ESL Community shall have no obligation thereafter
to forward any unread or unsent messages to Member or any third party. KO">
All worksheets created by Member and stored on John's ESL
Community's server shall become the property of John's ESL
Community.
15. NOTICE
Except as otherwise indicated herein, all notices to you from John's ESL
Community or from you to John's ESL Community shall be in
writing and shall be made via email or conventional mail. John's ESL
Community may post notices or messages through the Service to inform
Members of changes to the Service, or the Terms and Conditions of service, or
other matters of importance; such postings shall constitute sufficient written
notice to Member.
Under no circumstance may such notices from John's ESL Community
to Member be considered spam. If Member does not wish to receive such notices
Member's only recourse is to immediately discontinue your use of the
Service; cancel your membership; and notify John's ESL Community of
your cancellation.
16. PARTICIPATION IN
PROMOTIONS OF ADVERTISERS
You may enter into correspondence with or participate in promotions of the
Advertisers marketing their products on the Service. Any such correspondence or
promotions, including the delivery of and the payment for goods and services,
and any other terms, conditions, warranties or representations associated with
such correspondence or promotions, are solely between the corresponding Member
and the Advertiser. John's ESL Community assume no liability, obligation or responsibility for any part of any such
correspondence or promotion.
17. PROPRIETARY RIGHTS TO CONTENT
Members acknowledge that content, including but not limited to text,
photographs, video, graphics, software, music, sound, or other material
contained in either sponsor advertisements or emails presented to Member by
John's ESL Community or John's ESL Community's
Advertisers (collectively referred to as Content ), is protected
under the laws of copyright, trademark, patent, unfair competition or other
applicable laws. Therefore, you are only permitted to use this Content as
expressly authorized by John's ESL Community or the Advertisers
associated with the John's ESL Community service. Members may not
copy, reproduce, distribute, or create derivative works from this Content
without the express written authorization to do so by John's ESL
Community or the Advertiser.
18. LAWS
This Terms and Conditions agreement shall be governed by and construed in
accordance with the laws of the Republic of Korea excluding its conflict
of law provisions. Both Member and John's ESL Community agree to submit
to the exclusive jurisdiction of the courts of the Republic
of Korea. If any provision(s) of these Terms and Conditions are held by a
court of competent jurisdiction to be contrary to law, then such provision(s)
shall be construed, as nearly as possible, to reflect the intentions of the
parties with the other provisions remaining in full force and effect.
John's ESL Community's or failure to exercise or enforce any right or provision of the
Terms and Conditions shall not constitute a waiver of such right or provision
unless acknowledged and agreed to by John's ESL Community in
writing. Member and John's ESL Community agree that any cause of
action arising out of or related to this Service must commence within one (1)
year after the cause of action arose; otherwise, such cause of action is
permanently barred.
By agreeing to these Terms and Conditions you certify that all information you
supply to this service is true and correct to the best of your knowledge.
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