Terms & Conditions
BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through TheLanguagePoint.com domain name, The LanguagePoint Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF PRIVACY NOTICE, WHICH ARE PUBLISHED AT http://thelanguagepoint.com AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the http://thelanguagepoint.com website.
The LanguagePoint Website
A. The LanguagePoint hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without The LanguagePoint's prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
B. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify The LanguagePoint immediately of any breach of security or unauthorized use of your account. Although The LanguagePoint will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of The LanguagePoint or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to The LanguagePoint servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, The LanguagePoint grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. The LanguagePoint reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
Use of The LanguagePoint is bound by the following terms and conditions.
You are responsible for any activity that occurs under your screen name.
You are responsible for keeping your password secure.
You must not abuse, harass, threaten, impersonate or intimidate other users of The LanguagePoint.
You may not use The LanguagePoint for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links ('Content') that you submit, post, and display on The LanguagePoint.
The LanguagePoint is intended for personal and educational use, it is not a business solution. Professional or corporate uses of The LanguagePoint are at your own risk.
You must not modify, adapt or hack The LanguagePoint or modify another website so as to falsely imply that it is associated with The LanguagePoint.
You must not create or submit unwanted email (ie spam) to any members of The LanguagePoint community members.
You must not transmit any worms or viruses or any code of a destructive nature.
You must not, in the use of The LanguagePoint, violate any laws in your jurisdiction (including but not limited to copyright laws).
Any loss of, or damage to, data is not the responsibility of The LanguagePoint. Use of this service is at your own risk.
Violation of any of these agreements will result in the termination of your account at The LanguagePoint. While The LanguagePoint prohibits such conduct and content on its site, you understand and agree that The LanguagePoint cannot be responsible for the Content posted on its web site and, despite our best efforts, you may be exposed to such materials and that you use The LanguagePoint at your own risk.
The LanguagePoint makes every possible effort to ensure that the information published on its website is accurate and up to date, but does not accept any responsibility for errors or omissions, and reserves the right to make amendments at any time and without prior notice.
We reserve the right to refuse service to anyone for any reason at any time.
The LanguagePoint provides hypertext links to third party websites not affiliated with itself or with Sanako for the convenience of users only. By linking to these websites, The LanguagePoint in no way endorses the contents, views or information held on such sites.
To the fullest extent permitted by the law, neither The LanguagePoint nor any of its officers or employees shall be liable for any loss, additional costs or damage howsoever arising, suffered as a result of using The LanguagePoint or hyperlinks provided to third party websites.
Certain areas of The LanguagePoint allow for the exchange of information between you, the users, and The LanguagePoint. We claim no intellectual property rights over any material you provide to The LanguagePoint, but you are responsible for ensuring that you have the rights to upload the material to The LanguagePoint. By agreeing to these Terms & Conditions, you affirm that (i) you have obtained all rights and consents that are necessary for you to provide the Content; (ii) you will immediately remove, and notify us of, any Content that does not does not comply with these Terms and Conditions or may infringe the rights of third parties. You also undertake to ensure that use of the Content will not infringe the rights of any third parties (including that the Content or material is not defamatory).
The LanguagePoint name, logo, graphics and website design are the property of Sanako and must not be copied or used for any commercial purpose. The LanguagePoint permits the taking of copies of materials published on its web pages for personal use only, by either copying to a disk or pen drive or by printing a copy, providing that the copyright notice is retained on each copy. Making alterations to any of the pages, or using content in any other work or publication, will be a direct breach of The LanguagePoint copyright and may result in civil action.
Written permission must be obtained for any other use of material contained in its web pages. Contact us.(hyperlink here)
A. The LanguagePoint Website may now or in the future permit the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, The LanguagePoint does not guarantee any confidentiality with respect to any submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize The LanguagePoint to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to The LanguagePoint, you hereby grant The LanguagePoint a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with The LanguagePoint Website and The LanguagePoint's (and its successor's) business, including without limitation for promoting and redistributing part or all of The LanguagePoint Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of The LanguagePoint Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from The LanguagePoint Website. You agree to the Creative Commons Attribution-Share Alike licensing.
C. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant The LanguagePoint all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage The LanguagePoint or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person; (vi) submit material in which specific learning objectives are not evident and/or material that does not provide professional development for educators. The LanguagePoint does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and The LanguagePoint expressly disclaims any and all liability in connection with User Submissions. The LanguagePoint does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and The LanguagePoint will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. The LanguagePoint reserves the right to remove Content and User Submissions without prior notice. The LanguagePoint will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. The LanguagePoint also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. The LanguagePoint may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
D. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing information in writing.
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) 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 representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) 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; and
(vi) A statement that the information in the notification 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.
E. You understand that when using The LanguagePoint Website, you will be exposed to User Submissions from a variety of sources, The LanguagePoint's YouTube Partner Channels exposure, and that The LanguagePoint is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against The LanguagePoint with respect thereto, and agree to indemnify and hold The LanguagePoint, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
F. The LanguagePoint permits you to link to materials on the Website for personal, non-commercial purposes only. In addition, The LanguagePoint provides an "Embeddable Player" feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website, provided that you include a prominent link back to The LanguagePoint website on the pages containing the Embeddable Player. The LanguagePoint reserves the right to discontinue any aspect of The LanguagePoint Website at any time. The LanguagePoint provides the ability to download videos to your computer for personal or classroom educational use only, provided you give a link back to The LanguagePoint in any presentation, website, or other form of media in which the downloaded video is included and give credit to the author of the video.
YOU AGREE THAT YOUR USE OF The LanguagePoint WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, The LanguagePoint, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. The LanguagePoint MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA The LanguagePoint WEBSITE. The LanguagePoint DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH The LanguagePoint WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND The LanguagePoint WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
IN NO EVENT SHALL The LanguagePoint, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA The LanguagePoint WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT The LanguagePoint SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by The LanguagePoint from its facilities from Finland. The LanguagePoint makes no representations that The LanguagePoint Website is appropriate or available for use in other locations. Those who access or use The LanguagePoint Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless The LanguagePoint, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to The LanguagePoint Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of The LanguagePoint Website.
Ability to Accept Terms of Service
As a member you affirm that you are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. You affirm that you are at least 18, as The LanguagePoint membership is not intended for children under 18. If you are under 18 years of age, you are welcome to view videos on The LanguagePoint Website; however, please do not attempt to sign up for membership or to upload videos.
You agree that: (i) The LanguagePoint Website shall be deemed solely based in Finland; and (ii) The LanguagePoint Website shall be deemed a passive website that does not give rise to personal jurisdiction over The LanguagePoint, either specific or general, in jurisdictions other than Finland. These Terms of Service shall be governed by the internal substantive laws of Finland. Any claim or dispute between you and The LanguagePoint that arises in whole or in part from The LanguagePoint Website shall be decided exclusively by a court of competent jurisdiction located in Turku Finland. These Terms of Service, together with the Privacy Notice at http://thelanguagepoint.com and any other legal notices published by The LanguagePoint on the Website, shall constitute the entire agreement between you and The LanguagePoint concerning The LanguagePoint Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and The LanguagePoint's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. The LanguagePoint reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of The LanguagePoint Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU and The LanguagePoint AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO The LanguagePoint WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.