YOUR USER AGREEMENT WITH E-LINGUI,
INTERNET E-LINGUI,
This is the agreement ("User Agreement" or "Agreement") which
states the Terms of Service ("TOS") for Services provided through or in connection
with E-Lingui.com. Before you may use the Services of E-Lingui.com. you must read,
agree with, and accept all of the terms and conditions of this agreement, of the
E-Lingui.com Privacy Policy, and of information which is incorporated in this Agreement
by reference. Material contained on other pages and websites is expressly referred
to and is expressly incorporated by reference into this Agreement. If you do not
agree to be bound by all of these terms and conditions, including those expressly
incorporated by reference, then do not use E-Lingui.com or the Services of E-Lingui.com.
1. Parties to this Contract
Internet E-Lingui, is the party with whom you are contracting.
E-Lingui sometimes is referred to as "we" or "us" or "our" in this Agreement, except
as is otherwise expressly stated in particular sections. E-Lingui.com is a service
mark, trademark and trade name of (internet) E-Lingui. "You" means any person who
uses the E-Lingui.com web site or any of the Services of E-Lingui.com, including
without limitation a "User" or a "Member" or a "participant" or a "visitor" (to a
web site or page). You agree that this is an agreement between independent contractors,
and it is not a joint venture, partnership, employer-employee, agent-principal, or
franchisor-franchisee relationship. Neither you nor E-Lingui is authorized to bind
the other to any contract.
2. Services of E-Lingui.com
This Agreement states the
terms and conditions upon which services are offered to you at the internet domain
E-Lingui.com, and its sub-domains (collectively the "Services"). These services include
but are not limited to: the web site, chat rooms, use of E-Lingui.com videoconferencing
system or other product or service. Services are governed by this Agreement whether
the particular service or use is free or paid. E-Lingui.com may be linked to other
websites owned and controlled by internet E-Lingui. You agree that your use of those
other linked websites owned and controlled by E-Lingui will be bound by the terms
and conditions of use and the privacy policy posted on such other websites, if different
from these Terms of Service.
3. Registration and User ID
You must register and obtain
a E-Lingui User Identification ("User ID") and password to use the Services of E-Lingui.com.
When registering you must provide us with a valid user identity and a valid, functional
email address for providing notices and communications to you concerning this Agreement
and transactions with E-Lingui.com and the Services. You are responsible for the
accuracy and completeness of the information which you provide to E-Lingui.com in
your registration and your use of E-Lingui.com and the Services. You agree that you
shall provide a valid, lawful identity in your registration and that you shall not
impersonate any other person. You agree that you will promptly correct any errors
in your registration information and will promptly update your registration information
when it changes. If you do not have authority to supply information which is required
either for registration or for a particular use of E-Lingui.com or the Services,
then do not register or do not engage in the particular use of E-Lingui.com or the
Services for which you lack such authority.
4. Membership Account; Security; Password
It is your responsibility to preserve and protect the confidentiality of your User
ID, your password, and your membership account designation. You are entirely responsible
for activities conducted under your membership account. You agree that you shall
(a) make certain that you fully exit from your account at the end of each of your
sessions, and (b) immediately notify E-Lingui.com in writing (which may be by email
to info@e-lingui.com) if there is any unauthorized use of your account or password
or other security breach. E-Lingui shall not be liable for any cost, loss, damage
or liability which arises or is alleged to arise from your failure to comply with
this section.
5. Links to Websites of Other Persons
E-Lingui.com may provide links
to websites of persons other than E-Lingui.com. Those links to other persons are
provided solely as a courtesy without any representation or warranty as to their
content, use, or terms. Your use of such other websites is subject to the terms and
conditions and privacy policies, if any, of the persons who control such other websites
and you use them at your own risk. E-Lingui.com cannot control such websites of other
persons.
6. Eligibility
E-Lingui.com Services are available only to persons who are
capable under the applicable law of forming valid contracts. If you are a natural
person using E-Lingui.com on behalf of an entity, then by registering in the name
of the entity and using the Services you represent and warrant that the entity may
lawfully enter into this agreement and that you have lawful authority to bind that
entity to the terms and conditions of this User Agreement. If you are a child (under
the age of 16 years), or lack legal competency, then the Services of E-Lingui.com
Services are not available to you; do not use the Services. If you are under the
age of 16, or are subject to a legal guardianship, then you can use E-Lingui.com
and the Services only if your legal guardian or representative first agrees with
us that you may use E-Lingui.com and the Services and then supervises your use of
E-Lingui.com and the Services.
7. Interstate and International Use
You recognize
that the Internet is global in nature. The E-Lingui.com Website and the Services
of E-Lingui.com are intended to be offered only in jurisdictions where the Website
and Services and the manner in which they are offered are lawful. If the Website
or Services of E-Lingui.com are not lawful in the nation, state, or other jurisdiction
where you are located, then do not use or attempt to use E-Lingui.com or the Services
in that place. If you are accessing or using E-Lingui.com or the Services in any
nation, state or other jurisdiction which restricts such access or usage, then you
shall abide by the laws of that place and refrain from any access or use as required
by the laws of the applicable jurisdiction. You also agree that you shall comply
with all applicable laws concerning transmission of technical data, including without
limitation, the export of technical data from the jurisdiction in which you reside
or are accessing E-Lingui.com.
8. Effective Date
This Agreement takes effect immediately
upon completion of registration by a new user. This Agreement applies to all others
who use, or continue use, E-Lingui.com or the Services of E-Lingui.com after March
1, 2005.
9. Amended Terms and Conditions
We reserve the right to change the terms
and conditions of this Agreement and the Privacy Policy from time to time by posting
the changes on the E-Lingui.com website, or by notice to the most-recent email address
specified in your registration as a Member, or such other method as we deem reasonable
and practicable under the circumstances. You agree that your subsequent use or continued
use of E-Lingui.com or the Services on or after the date posted changes take effect
constitutes your consent to the amended terms and conditions. Except for such changes
posted by us, this Agreement may only be amended in writing signed by an authorized
officer of internet E-Lingui. In non-urgent situations we will post the changes on
E-Lingui.com for a period of thirty days before those changes take effect, after
which those changes automatically shall take effect for uses, transactions and communications
on and after the effective date. When we in our sole discretion deem a situation
to be urgent or to constitute an emergency then we may implement immediate changes
of terms and conditions for immediate application in then-current and future uses
by such posting on the E-Lingui.com website, or such other method of notice, as we
deem to be reasonable and practical in such urgent or emergency circumstances, and
we will state the date such changes will take effect. In particular, we reserve the
right to halt, interrupt, or prevent your use of E-Lingui.com without prior notice.
10. Termination of This Agreement
This is an agreement at will, which either you
or we may terminate, with or without cause. You may terminate this Agreement only
by giving written notice of termination to E-Lingui.com and ceasing all further use
of E-Lingui.com and the Services. If you decide after you have entered into this
Agreement that you no longer wish to agree with any term or condition of this Agreement,
as it may be amended from time to time, then your only remedy is to terminate this
Agreement by written notice, to cease use, and to refrain from further use of E-Lingui.com
and its Services.
If you terminate this Agreement then you must cease all use of,
and remove from your computer(s), any software associated with E-Lingui.com and the
Services; and you must destroy any copies of such software, except only that you
shall not destroy matter which is reasonably likely to be or to become material evidence
in judicial or arbitration proceedings.
If you violate any terms or conditions of
this Agreement then we may terminate this Agreement without notice to you.
Following
termination of this Agreement this Agreement will survive for the limited purpose
of governing rights, obligations and responsibilities which arise from events and
transactions that occurred prior to such termination; but no right will survive for
continued or future use of E-Lingui.com or the Services. For example, if you incur
charges, liabilities, or obligations to E-Lingui.com which have not yet been paid
or discharged at the time you terminate then you remain obligated to pay such charges
and to discharge such liabilities and obligations after you terminate. As a further
example, your obligations to respect our copyrights, trademarks, and other intellectual
property continue after termination.
If you give written notice of termination, but
continue or resume use of E-Lingui.com or the Services then E-Lingui.com may elect
in its sole discretion to deem your termination to be ineffective, but retains its
rights to immediately terminate, block or restrict your use without notice.
11. Your
User's Information; Your Information
As a user you and your computer necessarily
must supply information to access, register and use E-Lingui.com and the Services.
You may choose, or your computer may automatically function, to send information
to us, or exchange it with us and others during the course of your use of E-Lingui.com
and the Services. Your User's Information (also called "Your Information") is defined
for the purposes of this Agreement to mean the content and the form of any and all
information which you or your computer provide to us, or cause or permit other persons
to transmit to us, in connection with:
(i) your accessing of the E-Lingui.com domain,
or any subdomains or linked domains of internet E-Lingui or the E-Lingui.com website
or pages;
(ii) your logging on to E-Lingui.com;
(iii) your registration to become
a Member of E-Lingui.com;
(iv) any email or other communications you have with E-Lingui
or its employees or agents; and
(v) your financial and other transactions E-Lingui.
"Your User's Information" is distinguished from, and does not include, communications
between you and third parties by use of E-Lingui.com and the Services, which are
defined under the topics "Your Communications Content" and "Your Correspondents'
Communications Content."
12. Your Communications Content
"Your Communications Content"
is the content and form of any information that you post, communicate, transmit,
or direct to any third party in any manner through the use of E-Lingui.com, or the
Services, or the E-Lingui.com Internet domain, or any subdomain, or any linked domain
that is owned, controlled or operated by E-Lingui. You are solely responsible for
the accuracy, lawfulness, risks and use of the content of Your Communications Content.
E-Lingui.com does not select, monitor or modify Your Communications Content. "Third
party" means any person affiliated or not with E-Lingui.
13. Your Correspondents'
Communications Content
"Your Correspondents' Communications Content" means the content
and form of any information that you receive, access, take or otherwise obtain that
originated from, was sent from, or was posted by any third party in any manner through
E-Lingui.com, the E-Lingui.com Services, or the E-Lingui.com internet domain, or
any subdomain, or any linked domain that is owned, controlled or operated by internet
E-Lingui. You and your correspondents are solely responsible for the accuracy, lawfulness,
risks and use of the content of Your Correspondents' Communications Content. E-Lingui.com
does not monitor, select or modify Your Correspondents' Communications Content. "Third
party" means any person affiliated or not with E-Lingui.
14. Information We Receive,
Switch and Transmit
E-Lingui.com provides systems for the receipt, switching and
transmission of Your Communications Content and Your Correspondents' Communications
Content during your sessions using the Services. This is similar in some respects
to the switching of telephone calls.
15. IP Addresses Received and Recorded
Every
user's browser as part of the automatic network protocol reports its IP (Internet
Port) address to the E-Lingui.com website each time a web page is viewed and we may
record and store some or all of these IP addresses as well as a listing of the web
pages requested using a particular IP address . Your IP address may be stored in
our data base when you register for Membership.
16. Content May Be Offensive
You
recognize that E-Lingui.com generally does not, and usually cannot, pre-screen, monitor,
modify or control in real time the content of any communications or posting, either
in Limited Participation areas or in publicly accessible areas. Therefore, you acknowledge
that when you use any area of E-Lingui.com there is a risk that you could be exposed
to salacious, obscene, pornographic, hateful, misleading, fraudulent or other objectionable
materials posted or otherwise communicated by other Members, participants, users,
or visitors. You agree to accept this risk. You agree that E-Lingui shall have no
responsibility or liability to you for any such exposure you may experience. E-Lingui.com
does not intentionally sponsor such offensive matter and you and all other users
are required to agree not to engage in the conduct which is prohibited or restricted
by this Agreement, but we do not, and ordinarily cannot, undertake to police such
conduct by users.
17. Prohibited and Restricted Actions
17.1 Unlawful Activities.
You agree that you shall not do any of the following in connection with your use
of E-Lingui.com, the Services, or Your Information:
(a) violate any law, statute,
regulation, or rule having the force of law; this includes without limitation, laws
concerning anti-terrorism, money laundering, export control, investment securities,
consumer protection, unfair competition, anti-discrimination, false advertising,
gambling, wagering, eavesdropping, communication interception, child abuse, elder
abuse, "hate" crimes, obscenity, pornography, and insider trading;
(b) make any false,
materially misleading, or fraudulent statements or communications to us or to any
other person;
(c) engage in fraudulent or otherwise unlawful transactions;
(d) sell
or otherwise transfer counterfeit or stolen items or materials;
(e) infringe any
copyright, trademark, patent, or other intellectual property of E-Lingui or of any
third party, nor misappropriate or disclose trade secrets or other proprietary rights
without the consent of the owner, nor violate the privacy rights of any person;
(f)
engage in defamation, slander, unlawfully harassing, hateful, or threatening activity;
(g) engage in or communicate unlawful obscenity or pornography, or child-harming
activity [and you agree that you shall not transmit, post, email, forward, or otherwise
use or traffic in material which is lawfully suitable only for adults except in areas
and channels of communication that are restricted to Mature Audiences and to which
only persons for whom such material is suitable will be given access];
(h) engage
in, pass on or transmit any Ponzi or pyramid scheme;
(i) "stalk" or harass any other
person;
(j) if you are accessing or using E-Lingui.com or the Services in any nation,
state or other jurisdiction which restricts such access or usage, then you shall
abide by the laws of that place and refrain from any access or use as required by
the laws of the applicable jurisdiction.
17.2 Improper, Illegal and Abusive Computer
and System Functions. You agree that you shall not:
(aa) interfere with, impair or
degrade any functions of E-Lingui.com or the Services;
(bb) interfere with or cause
us to lose the services of our Internet Service Providers ("ISPs") or other persons
who provide goods or services to us;
(cc) create or purport to create liability for
us;
(dd) undermine the integrity of the user referral system or the user feedback
system;
(ee) interfere with the performance by our employees of their duties;
(ff)
create or impose an unreasonable load on E-Lingui.com or its services, functions
or infrastructure;
(gg) employ any automatic data-mining or search engine, including
without limitation any robot, spider, scraper, or similar means to access E-Lingui.com
or the Services without the express, prior written consent of an authorized officer
of E-Lingui;
(hh) bypass security measures or constraints which we have created to
restrict access to or use of our systems and our data;
(ii) transmit any material
that constitutes or contains any harmful computer code, including without limitation,
any computer virus, Trojan horse, worm, time bomb, denial of service, cancelbot,
easter egg, or other computer codes or methods which are harmful to, unlawfully detract
from the function or performance of, expropriate, misappropriate, or misuse our computers,
software, systems or infrastructure, or those of any other person; "transmit" includes
without limitation to upload, post, email or otherwise make available;
(jj) copy,
modify, create derivative works from, reverse-engineer, decompile, duplicate, distribute,
or publicly display any matter obtained from E-Lingui.com or the Services, or from
any other person by use of the Services, without the express prior written consent
of E-Lingui or other person owning rights in such matter;
(kk) by pass our home page,
headers, control screens, or other functional elements of E-Lingui.com and the Services,
and, without limitation you shall not engage in "deep-linking," or similar or equivalent
techniques.
18. Restricted Commercial Activities
You agree that you shall not, without
the prior express written consent of a duly authorized officer of E-Lingui, use E-Lingui.com
or the Services to do any of the following:
(aaa) solicit advertisers or sponsors;
(bbb) solicit or obtain credit card, debit card, bank account or brokerage account
information or charges;
(ccc) solicit, obtain, or collect private information of
other persons;
(ddd) display advertising or sponsorships of any kind, including without
limitation display banners generated by banner or link exchange services;
(eee) offer
or sell goods or services;
(fff) provide personal services, counseling, or advice
for which a governmental license is required, such as, without limitation, medical,
psychiatric, psychological, dental, pharmacy, legal, investment, or accounting services;
(ggg) transmit "spam";
(hhh) collect or store personal data about other Members,
participants or users.
19. Aiding, Abetting and Contributing to Unlawful Activity
You agree, in connection with your use of E-Lingui.com and the Services, that:
you
shall not aid or abet any other person to engage in any activity which is unlawful,
or which is constrained or restricted by this Agreement; and
you shall not contribute
to any such misconduct of any other person.
20. E-Lingui.com Copyrights
Copyright
© E-Lingui 2002-2014. All rights reserved.
21. Copyright and Other Intellectual Property;
Notice of Claims of Infringement
We respect the copyright and other intellectual
property of other persons. We ask that you also respect intellectual property rights.
In appropriate cases we may exercise discretion to limit, terminate or disable the
accounts of Members or other users who are identified as repeat infringers, or to
remove or disable access to infringing material.
22. Cancellation - Lateness - Absence to courses
If it’s impossible for a participant to attend a course, he / she will communicate
by email his / her absence to his / her teacher or to E-Lingui 48 hours before the
aforesaid course. If he / she doesn’t cancel it on time, the course will be thoroughly
due. If it’s completely unavoidable (accident, illness) and is covered with a medical
certificate, the course will be postponed at another date. Maximum 20% of the courses
can be cancelled and postponed.
The courses are personal and cannot be exchanged with another participant. A participant
cannot take the place of another student, except if the teacher does agree with such
a change in writing.
If a teacher is unable to give course, he / she will communicate his / her absence
to the participant(s) or to E-Lingui as soon as possible. The course will be postponed
on a date mutually agreed.
If the learner is late at the course, he / she will lose that part of the course.
He / she cannot postpone this part of the course.
On the contrary, if a teacher is late at the fixed appointment, the part of the courses
will be postponed at a date mutually agreed.
23. Provisions of General Application
23.1 Entire Agreement
This written Agreement,
including any matter that is expressly incorporated in this Agreement by reference,
constitutes the entire Agreement between you and E-Lingui and it governs your use
of E-Lingui.com and the Services. This Agreement supercedes any prior negotiations
and agreements between you and E-Lingui. There are no oral terms to this Agreement.
This Agreement can only be amended or altered in writing. Please note the separate
section of this agreement concerning amendment of it. Your purchase or use of particular
services and products of E-Lingui or of third-party content or third-party software,
may be governed by additional written terms and conditions specified when you purchase
or access such particular services and products.
23.2 Statute of Limitations
You
and E-Lingui agree that any claim or cause of action arising or alleged to arise
out of, or related to, this Agreement, the use of E-Lingui.com, or the Services,
must be filed within one (1) year after such cause of action arose, or else such
claim or cause of action shall be permanently barred. You and E-Lingui agree that
this limitation applies regardless of any statute or law to the contrary which might
otherwise apply.
23.3 Non-Transferability; No Sublicensing; No Right of Survivorship
Non-Transferability; No Sublicensing; No Right of Survivorship. Your identity is
an essential element of your registration and Membership, the accuracy of which you
are required to represent and warrant as a necessary condition of your use of E-Lingui.com
and the Services. Among other reasons, the accuracy of your identity disclosures
is material to our ability to protect ourselves and other Users from fraud and other
abuses of our system and services. You cannot transfer or sub-license your registration,
your Membership, or your rights under this Agreement. Upon your death any rights
to your account terminate. Upon our receipt of a copy of a death certificate, or
of other proof of death which is satisfactory to us in our sole discretion, your
account can be terminated and your registration deleted by us.
23.4 No ReSale, Re-Transmission
or Commercial Use
In accord with the terms and conditions of this Agreement, and
except as may otherwise be expressly agreed in a separate writing signed by two officers
of E-Lingui you agree that:
(i) you have no right to resell or re-transmit E-Lingui.com
or the Services;
(ii) you shall not distribute or re-distribute any of the Services,
use the Services on timeshare or service bureau basis, for operation of a website,
or for any commercial or income-generating purpose. Any Reseller Agreement must be
by separate writing, signed by two officers of E-Lingui.
23.5 No Third Party Beneficiaries
Except as is otherwise expressly stated in this Agreement, there shall be no third
party beneficiary of this Agreement.
23.6 Waiver and Severability
A failure of E-Lingui
of this Agreement shall not operate as a waiver of such right or provision. If a
court of competent jurisdiction shall determine that any provision of this Agreement,
or of any expressly incorporated document, is invalid, then it is agreed that the
Court shall endeavor to revise such provision to give it such effect as is legally
valid; and to the extent that a provision is invalid that provision shall be severed
and the remainder of this Agreement enforced.
23.7 Captions, Headings and Links
Captions,
headings and links in this Agreement are for reference only and shall not be considered
when construing this Agreement.
24. Notices
24.1 Your Notices to Us
Any notice which
you are permitted or required to give to E-Lingui.com and E-Lingui under this Agreement
shall be in writing and shall be delivered by registered mail, certified, first class
or express mail, and prepaid ; or shall be delivered by a nationally recognized commercial
delivery service which provides delivery tracking (such as Federal Express or UPS)
addressed to:
E-Lingui, Ltd
Att: M. Baudry
Avenue des Dames Blanches 86
B - 1150
Brussels
BELGIUM
24.2 Our Notices to You; Your Email Address for Notices
You agree
that we may provide you with any notices that are permitted or required under or
concerning this Agreement, including without limitation changes in the Terms and
Conditions of Service or the Privacy Policy, by electronic means such email to the
email address which you provide in your registration or otherwise; or by Post Office
mail; or by postings on E-Lingui.com. You agree that (i) it is your responsibility
to keep us timely informed or your correct email address by editing your Membership
registration data to reflect any changes in your email address, and it is your responsibility
to monitor your own email at that email address; and (ii) it is your continuing responsibility
as you use E-Lingui.com and the Services to read and make certain you understand
the notices which we post from time to time on E-Lingui.com and the Services.
25.
Injunctive Relief
You agree that any use of E-Lingui.com or the Services contrary
to the terms of this Agreement, as amended from time to time, or any sublicensing,
transfer, copying or disclosure of technical matter related to E-Lingui.com or the
Services is likely to cause irreparable harm to E-Lingui its members, affiliates,
providers, and suppliers, as well as to authorized sublicensees and resellers of
E-Lingui.com and the Services, for which pecuniary compensation alone would be insufficient.
You agree that under such circumstances E-Lingui its members, affiliates suppliers,
authorized sublicensees and resellers shall be entitled to temporary, preliminary
and permanent injunctive and other equitable relief, without posting bond or security.
E-Lingui.com's Agent for Notification of Claimed Infringement is:
E-Lingui
Avenue des Dames Blanches 86,
B-1150 Brussels
Belgium
Email: info@e-lingui.com
