TeacherLingo is a site specifically for teachers and anyone involved in the education industry.
The following terms and conditions govern all use of the TeacherLingo website and blogging platform. TeacherLingo is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by TeacherLingo (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using TeacherLingo. By accessing or using any part of TeacherLingo, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access TeacherLingo or use any services. If these terms and conditions are considered an offer by TeacherLingo, acceptance is expressly limited to these terms.
1. Creating an Account and Blog. TeacherLingo is intended to be used only by teachers and education-related professionals.
2. Responsibility of Contributors. If you operate a blog, comment on a blog, post material to TeacherLingo, post links on TeacherLingo, or otherwise make (or allow any third party to make) material available by means of TeacherLingo (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by TeacherLingo or otherwise.
By submitting Content to TeacherLingo for inclusion on your Website, you grant TeacherLingo a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, TeacherLingo will use reasonable efforts to remove it from TeacherLingo, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, TeacherLingo has the right (though not the obligation) to, in TeacherLingo’s sole discretion (i) refuse or remove any content that, in TeacherLingo’s reasonable opinion, violates any TeacherLingo policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of TeacherLingo to any individual or entity for any reason, in TeacherLingo’s sole discretion. TeacherLingo will have no obligation to provide a refund of any amounts previously paid.
3. Responsibility of Website Visitors. TeacherLingo has not reviewed, and cannot review, all of the material, including computer software, posted to TeacherLingo, and cannot therefore be responsible for that material’s content, use or effects. By operating TeacherLingo, TeacherLingo does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. TeacherLingo may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. TeacherLingo may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. TeacherLingo disclaims any responsibility for any harm resulting from the use by visitors of TeacherLingo, or from any downloading by those visitors of content there posted.
4. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through TeacherLingos and webpages to which TeacherLingo.org links, and that link to TeacherLingo.org. TeacherLingo does not have any control over those non-TeacherLingo websites and webpages, and is not responsible for their contents or their use. By linking to a non-TeacherLingo website or webpage, TeacherLingo does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. TeacherLingo disclaims any responsibility for any harm resulting from your use of non-TeacherLingo websites and webpages.
5. Copyright Infringement and DMCA Policy. As TeacherLingo asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by TeacherLingo.org violates your copyright, you are encouraged to notify TeacherLingo using the contact us section. TeacherLingo will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of TeacherLingo or others, TeacherLingo may, in its discretion, terminate or deny access to and use of TeacherLingo. In the case of such termination, TeacherLingo will have no obligation to provide a refund of any amounts previously paid to TeacherLingo.
6. Intellectual Property. This Agreement does not transfer from TeacherLingo to you any TeacherLingo or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with TeacherLingo. TeacherLingo, TeacherLingo, TeacherLingo.org, the TeacherLingo.org logo, and all other trademarks, service marks, graphics and logos used in connection with TeacherLingo.org, or TeacherLingo are trademarks or registered trademarks of TeacherLingo or TeacherLingo’s licensors. Other trademarks, service marks, graphics and logos used in connection with TeacherLingo may be the trademarks of other third parties. Your use of TeacherLingo grants you no right or license to reproduce or otherwise use any TeacherLingo or third-party trademarks.
7. Changes. TeacherLingo reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to TeacherLingo following the posting of any changes to this Agreement constitutes acceptance of those changes. TeacherLingo may also, in the future, offer new services and/or features through TeacherLingo (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
8. Termination. TeacherLingo may terminate your access to all or any part of TeacherLingo at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your TeacherLingo.org account (if you have one), you may simply discontinue using TeacherLingo. Notwithstanding the foregoing, if you have a Pro account, such account can only be terminated by TeacherLingo if you materially breach this Agreement and fail to cure such breach within thirty (30) days from TeacherLingo’s notice to you thereof; provided that, TeacherLingo can terminate TeacherLingo immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
9. Disclaimer of Warranties. TeacherLingo is provided “as is”. TeacherLingo and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither TeacherLingo nor its suppliers and licensors, makes any warranty that TeacherLingo will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, TeacherLingo at your own discretion and risk.
10. Limitation of Liability. In no event will TeacherLingo, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to TeacherLingo under this agreement during the twelve (12) month period prior to the cause of action. TeacherLingo shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
12. Indemnification. You agree to indemnify and hold harmless TeacherLingo, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of TeacherLingo, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between TeacherLingo and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of TeacherLingo, or by the posting by TeacherLingo of a revised version. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; TeacherLingo may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.