Terms of Service & Use

 

Use of the www.teachingworldcultures.com website is subject to the following terms and conditions. We will refer to teachingworldcultures.com as “TWC”, “we” or “us” throughout this document (the “Agreement”. If you do not agree to these Terms of Service and Use, then do not access or use this “Website”.

 

“TWC” may at it’s sole discretion modify these Terms of Service and Use at any time and such modifications will be effective immediately upon being posted on this website. Your continued use of the website will indicate your acceptance of the revised Terms of Service and Use.

 

THIS SECTION APPLIES TO THE USERS OF “TWC”.   BY PURCHASING THE “TWC” CONTENT YOU AGREE THAT AND REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND HAVE READ THIS “AGREEMENT” AND AGREE TO BE BOUND BY IT. WHEN YOU ACCEPT THIS AGREEMENT BY CHECKING THE BOX AT THE TIME OF PURCHASE OF THE CONTENT, THIS AGREEMENT WIL BE A BINDING LEGAL AGREEMENT BETWEEN YOU AND “TWC”.

 

  1. You agree to provide accurate and current information requested during purchase to create a user account.
  2. You agree to: (a) keep your username and password secure and confidential; (b) not permit others to use your main account; (c) not use other’s accounts; (d) not share your account’s guest password (if assigned) with more than thirty students in your classroom; (e) not sell, trade, or transfer your account to another party; and (f) not charge anyone for access to any portion of the website.
  3. You agree to pay fees as listed at the time of purchase. You will have to manually renew your account at the end of a one-year term. “TWC” does not handle payment details, and will not do automatic billing or renewal. We may modify the plans and pricing at any time. During the term, we’ll neither charge more in case of a price increase, nor provide price protection refund in case of a price reduction or promotion
  4. Your purchase of the “TWC” content is final and non-refundable. Before you purchase, you should try the “trailer” and review on your computer and/or tablet device or smartphone to your satisfaction. However, if you are not satisfied after an online purchase using Paypal you may apply for a cancellation and refund within 7 days of purchase by sending an email to info@teachingworldcultures.com. No refund will be provided thereafter for any reason whatsoever; including but not limited to lack of usage, dissatisfaction, and cancelation by the user, blocking by the school, or termination.
  5. If you are purchasing content, the content is licensed to you for your personal use, and with a limited access using a guest password for only students enrolled in your classroom. You may display or print copies of the materials for use by the students in your classroom only.
  6. If you are purchasing as an individual, the content is licensed to you for your personal, non-commercial, home use or homeschooling only.
  7. You agree not to share or provide benefits to other teachers, their students or other individuals within your school community.
  8. If you are using the “Website” at school, it is your sole responsibility to check and ensure that your school or district network does not block it. “TWC” service may have occasional downtime due to technical issues, network problems or periodic maintenance.
  9. “TWC” shall provide and seek to update, improve and expand its products and services. We may modify, replace or discontinue our products and services, with or without notice, partially or entirely for you or for all of our account holders in our sole discretion without liability to you.
  10. “TWC” reserves the right to terminate your account and access to the “Website” immediately, with or without liability to you, if we believe that you have violated any terms of this “Agreement”, furnished false information, or interfered with use of the “Website” by others.
  11. By purchasing content and using the “Website”, you also expressly accept “TWC”s general terms of use and privacy as listed below.

 

The software, the content of this “Website”, except all user submissions, third-party content and video clips, including without limitation, the program scripts, text, graphics, photos, interactive features and the like (“Materials”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to “TWC” or its licensors and are protected by copyright law, trademark law, international conventions and other intellectual property laws. The Materials on this “Website” are provided to you AS IS on a blind basis for your general information and personal use only and may not be copied, imitated or used, in whole or in part, without the prior written consent of “TWC” or the applicable copyright owner. In addition, the look and feel of the “Website”, including all page headers, custom graphics, button icons and scripts, are the service marks, trademarks of “TWC” and company names or logos mentioned in the “Website” are the property of their respective owners. The video section of this “Website” only links to publically accessible videos on third-party video hosting sites such as YouTube or Vimeo using the source video sites public embeddable video player. The videos are streamed from the source video hosting sites. All copyright and ownership of the videos belong to the respective owner or author as specified on the third party hosting sites.

 

LICENSE, WEBSITE ACCESS AND USE RESTRICTIONS

 

“TWC” hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use the “Website” for school, home and personal use only; provided that (i) you will not copy or distribute any part of the Materials in an medium with “TWC”s prior written authorization; (ii) you will not alter or modify any part of the materials; (iii) you will not disassemble, decompile, reverse engineer the Materials; (iv) you will not utilize framing techniques or caches to enclose the Materials in any way; and (v) you will otherwise comply with the terms and conditions of this “Agreement”. This section will survive the termination of your right to use this “Website”.

“TWC” attempts to provide accurate descriptions of the Materials. However, we do not warrant that descriptions or other parts of the Materials are accurate, complete, reliable, current, or error free. If any section in the Materials is materially misrepresented, your sole remedy is to cease use of that section of the Materials and to notify us of the purported error. Such errors may be corrected as they are discovered at “TWC”s sole discretion.

 

CHANGES AND SEVERABILTY

 

“TWC” reserves the right to make changes at any time to the software and programs, information, names, text, images, pictures, logos, trade-marks, products, services, policies, pricing, content and it’s structure and any other material displayed on, offered through or contained on the “Website”. “TWC” may also discontinue some or all of its services it provides under this agreement. You agree to be bound by any changes “TWC” may reasonably make to the Terms of Service and Use when such changes become effective. If any of the terms or conditions in these Terms of Service and Use shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not be affect the validity and enforceability of any remaining terms and conditions.

 

THIRD PARTY LINKS

 

This “Website” may contain links to, or references to third party websites, software programs, services, videos and information. These links are provided for your convenience only. You agree that “TWC” does not provide any endorsement of any third party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or this “Website”. Any information data, opinions, recommendation, products, marketing promotions, software programs or services provided by such third parties through links to other websites or otherwise made available through their websites are solely those of such third parties and not of “TWC” or it’s affiliates. Your use of such third party websites and their services is subject to the terms and conditions of use and the privacy policies of such websites and their owners.

 

DISCLAIMER AND WARRANTIES

 

This “Website” and any software, products, services, content and its structure offered or contained herein are provided on an “as is” basis and on an “as available” basis. “TWC” makes no representations or warranties of any kind with respect to this “Website”, its software products, content and services, and disclaims all such representations and warranties, including, without limitation, for example warranties or merchantability and fitness for a particular purpose, non-infringement of third party rights, error-free or uninterrupted service, accuracy availability, reliability, security, currency and completeness arising from or relating to this “Website”. In addition “TWC” does not represent or warrant that the information accessible via this “Website” is accurate, complete, or current. Price and availability information is subject to change without notice. In addition we make no warranty that our service(s) will meet your requirements, or that the service(s) will be uninterrupted, timely, secure, or error free or that defects will be corrected. Further, “TWC” is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors or omissions arising out of your use of this “Website” or with respect to the information and material contained on this “Website”. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you.

 

LIMITATION OF LIABILTY

 

In no event shall “TWC”, its affiliates, ”TWC” licensees and any of their respective directors, officers, employees, agents or other representatives be responsible or liable for any direct, indirect, special, incidental, consequential, punitive, or aggravated damages (including without limitation damages for loss of data, income or profit, loss of or damage to property and third party claims) or any other damages of any kind, arising out of or in connection with; this “Website”; any materials, information, qualification and recommendations appearing on this “Website”; any software, content, tools, tips, products, services offered, services used or purchased through, contained in or advertised on this “Website”; and your account and password, whether or not “TWC” has been advised of the possibility of such damages. This exclusion of liability shall apply to the fullest extent permitted by law. This provision shall survive the termination of your right to use this “website”. You acknowledge that you will be fully liable for all damages resulting directly or indirectly from your use of this “Website”.

 

INDEMIFICATION

 

You are responsible for maintaining the confidentially of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend and hold “TWC” and its affiliates and their respective directors, officers, employees, shareholders, other authorized users, agents or other representatives and assigns (collectively, the “indemnified parties”) harmless from and against all claims, liability, losses, costs and expenses, including all legal fees and costs arising from or relating to (a) any breach by you or anyone within your control. “TWC” reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and in such case, you agree to cooperate with “TWC” s defense of such claim. “TWC” may deduct its costs of obtaining any recovery from the amount of the recovery (including, without limitation, reasonable attorneys’ fees and all other costs). This provision shall survive the termination of your right to use this website.

 

FORCE MAJEURE

 

“TWC” will not be liable for failing to perform under this Terms of Service and Use because of any event beyond its reasonable control.

 

TERMINATION

 

You understand and agree that “TWC” may, under certain circumstances and without prior notice to you, terminate your access to and use of the “Website”. Cause of such termination shall include, but not be limited to, (a) breaches or violations of the “Agreement”, (b) requests by law enforcement or other government or regulatory authorities, (c) extraordinary high usage affecting use of the “Website” by others, or (d) technical difficulties.

 

PRIVACY POLICY

 

All information you provide to “TWC” is governed by the “TWC”s privacy policy.’’

 

USER SUBMISSIONS

 

Certain areas of the “TWC” website may permit you to upload and/or submit feedback, data, text, videos, third-party links, messages, content, or other materials (each, a “User Submission”). By submitting a User Submission, you grant to “TWC” an irrevocable, perpetual, transferrable, non-exclusive, fully-paid, worldwide, license to (a) use, distribute, reproduce, modify, adapt, publish, translate, publically perform, and publically display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that “TWC” deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service). “TWC” reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. You agree that you are solely responsible for all of your User Submissions. “TWC”s not required to host, display, or distribute any User Submissions on or through this “Website” and may remove at any time or refuse any User Submissions for any reason. “TWC” is not responsible for any loss, theft, or damage of any kind to any User Submissions. You understand and agree that any User Submission will be considered non-confidential and non-proprietary. “TWC” does not guarantee that you will have any recourse through “TWC” or any third party to edit or delete any User Submission you have submitted. By submitting any User Submission, you represent and warrant that:

(a)  you are at least 13 years old;

(b)you own all rights in your User Submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Submissions) or, alternately, you have acquired all necessary rights in your User Submissions to enable you to grant to “TWC” the rights in your User Submissions described herein;

(c)   Your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;

(d)  Your User Submission does not violate any Law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising;

(e)  Your User Submission does not contain any information that you consider confidential, proprietary, or personal, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise obscene, or invasive of another’s privacy.

 

COPYRIGHT COMPLAINTS

 

“TWC” respects the intellectual property of others. If you believe that any material on this “Website” has been displayed in a way that constitutes copyright infringement, please notify our Copyright agent in writing. Email us your claim at info@teachingworldcultures.com with the following details:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
  • A description of the copyrighted work or other intellectual property that you claim has been infringed.
  • A description of where the material that you claim is infringing can be found on the Website (please include URL’s)
  • Your address, telephone number, and email address
  • A statement that you believe that the disputed use is not authorized by the copyright owner, its agent, or the law
  • A statement by you at the bottom of your notification exactly as follows: “I hereby declare, under penalty of perjury, that the above information is accurate and that I am the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.” Please allow up to a week for an email response. Also note that you will be liable for damages if you misrepresent that the claimed material is infringing on your copyright.