Terms of Use

English Attack! Terms Of Use

Welcome to the English Attack! online web service (hereafter referred to as “English Attack!”) English Attack! is owned and operated by Entertainment Learning SAS under the internet domain www.english-attack.com for the purpose of helping learners of English to improve their English-language skills. By accessing or using the English Attack! website, you (hereafter referred as the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use," “Contract” or "Agreement"), whether or not you are a registered member of English Attack!. Please read these Terms of Use carefully, as they legally govern the use of the services associated with English Attack!

1 Definitions

The Terms of Use apply to all users of www.english-attack.com and the domains and sub-domains associated with it. Entertainment Learning SAS reserves the right to make changes or modifications to these Terms of Use, or to add to or delete portions of the Terms of Use, at any time and without indicating the reasons for the changes or modifications. Your continued use English Attack! after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes. All communication between English Attack! and/or Entertainment Learning and Users will be electronic by sending e-mails or posting notices on the Site.

2 Registration and authorization

2.1 The equipment (computer, software, telecommunications systems, etc.) used to allow access to Services shall be the responsibility of the User, as shall the telecommunications costs incurred by its use. Each User may register with English Attack! only once. You must fill out all the compulsory or required information fields in the registration form. You may use your real name or a pseudonym, nickname, or equivalent as your username, but we ask that you provide truthful information as to your age and gender, as well as truthful information regarding your status as a Teacher of English in the context of the English Attack! service for teachers, schools, and independent teachers. The User agrees to the publication of his or her Username and that information which the User has listed in his or her Personal Profile: Public View. English Attack! is intended solely for Users who are twelve (12) years of age or older. Registration by, use of or access to the Site by anyone under 12 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service or the Site, you represent and warrant that you are 12 or older and that you agree to and to abide by all of the terms and conditions of this Agreement. If a User provides or if English Attack! suspects that a User provides age and gender information, or English Teacher information, that is not true or inaccurate, English Attack! may suspend or terminate the account of the User and refuse current and future use of the English Attack! website.

2.2 The contract between the User and Entertainment Learning SAS regarding the use of English Attack! becomes fully effective when the User clicks on the link sent via e-mail to activate his or her account. This link can only be activated if the User has previously ticked the online box on the Registration From indicating that he or she is in agreement with, and accepts, the Terms of Use as explained on the current page. Nevertheless, all users and visitors of the site, including non-registered Vistors, are held accountable to respecting the various terms and conditions set forth in these Terms of Use.

2.3 Right of withdrawal: In accordance with Article L. 121-20 of the French Consumer Code, the Member is informed that he/she enjoys a period of seven calendar days from the time he/she accepts the Services to exercise his or her right of withdrawal, without penalty and without the need to provide any reason. However, in accordance with Article L. 121-20-2, 1° of the French Consumer Code, the right of withdrawal may no longer be exercised once the Member has accessed the Services concerned.

2.4 For subscriptions to English Attack! services, subscription to an English Attack! service is automatically renewed at the end of the subscription period for a period of identical length unless the user indicates a desire to un-subscribe to the service. He or she can do this simply by visiting the "My Account" page of the site and clicking on the appropriate un-subscribe link in "Booster Pass." If you choose to unsubscribe, English Attack! will end the subscription within 24 hours. Please note that unsubscribing to an English Attack! service before the end of the contractual subscription period does not entail a reimbursement of the period remaining until the end of the contractual subscription period.

3 Technology

3.1 For providing its service, Entertainment Learning SAS uses the technologies currently and commonly used in the field. To be able to make full use of the services offered by English Attack!, the User must likewise use these technologies (e.g. up-to-date browser technologies, Adobe Flash) or enable their use on its computer (e.g. activate Java Script, enable cookies and pop-ups). If older or not commonly used technologies are used, the user might only be able to make limited use of the services provided by Entertainment Learning.

4 Copyrights, Trademark Rights, Property Rights and Rights to the Use of Names

4.1 Unless it explicitly is a matter of works present on the site under a Creative Commons license or Official Content streaming video present on the site via an embed code, the content and trademarks (including but not limited to English Attack!®, Entertainment Learning, PhotoVocab, Video Booster, Booster, Buzz of the Week, SOS English, Swap Mania, Word Rescue, Verb Dash, Pix Mania, Say What, TEFLtube) featuring on the English Attack! site, the associated English Attack! Blog or blogs, or any site or Blog affiliated with English Attack! including their relative logos, graphics, animations, videos, and text, are the intellectual property of Entertainment Learning SAS or its partners and may not be reproduced, used or represented without the express permission of Entertainment Learning SAS or its partners, under threat of legal action.

4.2 The rights of use accorded by Entertainment Learning SAS to the User are strictly limited to accessing online and to use these documents for private and personal purposes in the scope of and for the duration for of the User’s membership with English Attack! Any other use by the User is prohibited without the authorization of Entertainment Learning SAS.

In particular, the Member is prohibited, except where it is expressly permitted (in the PhotoVocab wiki section, for example), from modifying, copying, reproducing, disseminating, transmitting, exploiting for commercial gain and/or distributing in any form whatsoever the Services, the English Attack! site pages or software codes for elements comprising the English Attack! Services and site.

4.3 Entertainment Learning SAS reserves the right to prosecute or subject to civil proceedings any unauthorized use by way of complete or partial piracy, publication as well as reproduction or presentation of these contents or portions thereof.

5 User-Generated Content

5.1 As participants in the community of a Web 2.0 site, Users of English Attack! may upload digital photos and text in order to complete their Public Profiles, participate in Community discussion, and making friendships among learners of English registered with the site.

5.2 Being of age (above the minimum age of 12) and proper registration as a User is a prerequisite for uploading content to the site and posting comments, votes and ratings on the site. All contents transferred and, if applicable, posted by users can be traced back to the self-chosen user name. Entertainment Learning SAS can also trace back all contents transferred to the site to the User’s supplied e-mail and IP addresses.

5.3 The user accepts that the opportunity to post contents is only granted for personal, non-commercial use. Therefore, the user is not entitled to post such content with which it intends to pursue commercial interests, in particular advertising or "spamming" a commercial service, except for that space clearly dedicated to this purpose, should there be one, on certain Users' Personal Profile Public View page.

5.4 The User has no entitlement to actually post or publicly disclose self-generated content on English Attack! Entertainment Learning SAS is entitled and reserves the right, at any time and at its own discretion and without indicating the reasons, to reject, delete, unpublish, remove, modify, add to, correct or otherwise transform User Generated content without the consultation or permission of the User. Entertainment Learning SAS furthermore retains the right to prevent or disable access to the Site by the User so as to permanently or temporarily block the User from posting more content. Entertainment Learning SAS reserves the right to assert claims in any form, in particular to cease and desist as well as for damages, against Users who do not comply with the exclusion from uses as notified.

5.5 The user is responsible for ensuring that the contents he or she has posted to English Attack! are free from viruses, worms, Trojans or other programs that could jeopardize or impair the operability or the existence of the Site or the websites of other users.

5.6 English Attack! does not claim ownership of any information or material you transmit, distribute, post, communicate or store on, to or through the Site. However, by submitting or posting information on, to, or through the Site, you agree that English Attack! and Entertainment Learning shall be free in perpetuity to non-exclusively copy, disclose, distribute, incorporate, and otherwise use such information and all data, images, sounds, text, video and other materials embodied therein for any and all commercial or non-commercial purposes, even following the User's deletion of his or her English Attack! account. No compensation will be paid with respect to the use of this information.

5.7 The User expressly authorizes Entertainment Learning SAS to modify content transferred to English Attack! by the User in order to conform to the look, feel, accuracy and pedagogical quality of English Attack! and/or other communications media above, and/or to make this content compatible with its technical processes or appropriate media formats, as well as to combine them with other works at Entertainment Learning SAS’s discretion These rights are worldwide and exist for the entirety of the agreement set out in these terms and conditions between the member and Entertainment Learning SAS. Entertainment Learning SAS is entitled without restriction to transfer the aforementioned rights to third parties. In particular the user also agrees that Entertainment Learning allows other users to use the contents posted by the former for their own purposes in any form. The following guarantee and release regulations shall also apply in this case.

5.8 Users may only use the Site for lawful purposes. A User is prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, discriminating, profane, hateful, fraudulent, racially, ethnically or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, state, national or international law. Specifically, by indicating your acceptance of these Terms of Use you agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Site that:

(a) is copyrighted, unless you are the copyright owner or unless the content clearly comes under Creative Commons approved use;

(b) infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;

(c) is obscene, libelous, defamatory, threatening, harassing, racist, abusive, hateful, sexually explicit, or embarrassing to any other person or entity as determined by English Attack! and Entertainment Learning SAS in its sole discretion;

(d) is illegal or otherwise objectionable; including solicitations to pyramid schemes and other abusive business solicitations generally considered as “spamming”;

(e) constitutes advertisements or solicitations of business, surveys, contests, courses, websites, or other solicitations of a commercial nature except those appearing in the specifically provided area of a Contributor’s Personal Profile : Public View page.

Entertainment Learning SAS reserves the right to exclude the user from its offer if this agreement is breached. Furthermore, the user warrants and represents and shall ensure at the consequence of being held personally liable that the contents posted by it violate neither pertinent statutory or administrative regulations nor – in addition – are harmful to young persons, are pornographic, racist or insulting or in any other similar manner violate morals.

5.9 By using this site, you understand and agree that Entertainment Learning SAS may at any time monitor, review, use, or disclose any content or communication posted or transmitted by, to, or from you on the Site. You further understand and agree that Entertainment Learning SAS may use or disclose any information related to you (including content or communications posted or transmitted on the Site) for any reason related to the operation of the Site, in order to investigate, prevent, or take action regarding activities that may be prohibited or unlawful, to exercise our legal rights under the Agreement, or otherwise to protect the rights and property of Entertainment Learning SAS or any third party.

5.10 At the first request, the User shall release Entertainment Learning SAS from all claims asserted by third parties vis-à-vis Entertainment Learning SAS with the allegation that the contents posted by the user on the website infringe on their rights or are in violation of statutory regulations. This includes the reasonable costs of legal defense.

5.11 The rights granted to Entertainment Learning SAS by the user and the preceding warranties and releases shall not expire upon termination of the user relationship.

5.12 Those that use the Site may have the opportunity to comment on and evaluate the contents of the Site. In this context the User is entitled and obligated to refer Entertainment Learning SAS forthwith to the contents of other users that clearly violate the provisions of these Terms of Use and/or statutory requirements and/or are harmful to young persons, are pornographic, racist or insulting or in any other similar manner violate morals.

6 Notice of Copyright Infringement

If you wish to notify Entertainment Learning SAS of what you believe to be a use on English Attack! of copyrighted material that constitutes copyright infringement, please contact Entertainment Learning SAS directly as legal@english-attack.com giving the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

• 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.

• 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 the infringing IP address, time, date, and the time zone to permit Entertainment Learning SAS to locate the material.

• A statement that the complaining party has 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.

• A statement that the information in the Notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of a Notification of Copyright Infringement from a copyright owner that contains the required information described above, Entertainment Learning SAS will remove or disable access to the material that is alleged to be infringing. No personal, customer information is shared with the copyright owner unless required by law. Entertainment Learning SAS reserves the right to approach the complaining party with a request to reconsider its complaint in the context of English Attack!’s pedagogical nature and free access to content made publicly available via published embed codes and/or Creative Commons licenses.

7 Term

This Agreement shall remain in full force and effect while you use English Attack! or are a registered User. English Attack! reserves the right to terminate your status as a User at any time, without warning. You may terminate your User status at any time, for any reason, by contacting us by email at support@english-attack.com

8 Fees and Subscription Services

You acknowledge that Entertainment Learning SAS reserves the right to charge for the English Attack! content and services and to change its fees from time to time in its discretion. At no time will you be charged without your prior knowledge and explicit consent.

9 Storage

You acknowledge that Entertainment Learning SAS may establish general practices and limits concerning use of English Attack!, including without limitation the maximum number of days that messages, user-generated content submissions, stored sessions, progress reports, score data, content comments, or other uploaded content or User use date will be retained by Entertainment Learning SAS, the maximum number of messages or other content that may be sent from or received by an account on English Attack!, the maximum size of any message or other content that may be sent from or received by an account on the Service, the maximum disk space that will be allocated on English Attack! servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access English Attack! in a given period of time. You agree that Entertainment Learning SAS has no responsibility or liability for the deletion or failure to store any user-generated content, stored sessions, progress reports, score data, content comments, or other uploaded content maintained or transmitted by English Attack! You acknowledge that Entertainment Learning SAS reserves the right to deactivate accounts that are inactive for an extended period of time. You further acknowledge that Entertainment Learning SAS reserves the right to modify these general practices and limits from time to time.

10 Member Disputes

You are solely responsible for your interactions with other English Attack! Users. English Attack! reserves the right, but has no obligation, to monitor disputes between you and other Users.

11 Third-Party Content and Links to Third-Party Web Sites

Entertainment Learning SAS can supply or third parties may include hypertext links to other websites other than the English Attack! site and to Internet sources. As Entertainment Learning SAS is unable to supervise these external sites and sources, it cannot be held responsible for the availability of these external sites and sources, and cannot be responsible for their content, advertising, products, Services or any other element made available on or from any of these external sites or sources. Any difficulty relating to a hypertext link must be submitted to the administrator or webmaster of the site to which it pertains. It should, furthermore, be noted that the consultation and/or utilization of these external websites and sources are governed by their own Terms of Use.
Finally, if during the scope of a search performed on the English Attack! site where the result of this search would point the User to access sites, pages or forums of which the content and/or purpose constitutes a violation of the French law, or the law governing internet access and the use of the internet in the User’s country of residence, the User is required to cease consultation of the site concerned in order to avoid being held responsible for such violation.

12 Disclaimer of Warranties

The Site is provided "as is" and Entertainment Learning SAS excludes all warranties of any kind to the fullest extent permissible by law and does not guarantee the accuracy or completeness of the website or an information or content that it is free of defects or viruses. Entertainment Learning SAS will not be liable to the User or any other person for any loss or damage of any kind, which may arise from the unauthorized use of the Site or its contents, and the use of any information contained within it. Furthermore Entertainment Learning SAS shall not be held liable for any information held on sites which may have links to or from English Attack! and which are not maintained and controlled by Entertainment Learning. Entertainment Learning SAS cannot be held liable or responsible for any content which cannot be accessed from specific territories or countries because of national regulatory or censorship policies or decisions.

Entertainment Learning SAS also disclaims to the maximum extent permitted by law any and all warranties of merchantability or fitness for a particular purpose; warranties against infringement of any third-party intellectual property or proprietary rights; warranties relating to the transmission or delivery of the site; warranties relating to the the accuracy, reliability, correctness, or completeness of data made available on the site or otherwise by Entertainment Learning SAS; warranties otherwise relating to performance, nonperformance, or other acts or omissions by Entertainment Learning SAS or any third party. Further, there is no warranty that the site will meet your needs and requirements or the needs and requirements of any other person.

Users cannot make representations that any training, courses, software, or services referred to on the Site is available in every country in the world. Entertainment Learning SAS will use reasonable endeavors to ensure that the website is and stays fully operational. Due to the nature of internet, Entertainment Learning SAS cannot guarantee that the website will be free from delays, interruptions or errors. Entertainment Learning SAS will take all reasonable efforts to ensure that information on the website is correct, but cannot give representations or warranties, express or implied, in relation to the accuracy or completeness of the said information.

13 Limitation of Liability

In no event shall Entertainment Learning SAS or any of its Contributors, affiliates or any third party providing content to the Site be liable for any direct, indirect, incidental, special, punitive, or consequential damages, or damages for loss of profits, revenue, data or use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, or use of, the Site or any services provided through the Site, even if Entertainment Learning SAS was advised that such damages were likely or possible. This limitation on liability applies to, but is not limited to, the transmission of any disabling device or viruses which may infect your equipment, failure or mechanical or electrical equipment or communication lines, telephone or other interconnect problems (for example, you cannot access your Internet Service Provider), unauthorized access, theft, bodily injury, property damage, operator errors, strikes or other labor problems or any act of God. Some jurisdictions do not allow the limitation or exclusion of liability. Accordingly, some of the above limitations may not apply to you.

14 Indemnification

You shall indemnify, defend and hold Entertainment Learning SAS, its agents, affiliates, partners, employees, directors, contractors and licensors harmless from any claim, costs, losses, damages, liabilities, judgments and expenses (including reasonable fees of attorneys and other professionals), arising out of or in connection with any claim, action or proceeding (any and all of which are "Claims") by a third party arising out of Your use of English Attack!; the posting of any Content on English Attack!, any Third Party Applications, Software or Content you post or share on or through the Site (including without limitation through the TEFLtube Service), your conduct in connection with the Site or with other users of the Site, or any violation of this Agreement or of any law or the rights of any third party.

15 Choice of Law and Forum

The Terms of Use are subject to French law. Use and access to English Attack! are governed by French regulations. If there is any dispute between us concerning the Agreement or your access to or use of the Site, we both agree to submit the dispute to non-binding mediation, followed by binding arbitration. All rights, obligations, specials, orders and agreements that fall under these General Terms and Conditions, and under this condition, are applicable under French Law and Jurisdiction. In the case of translation or explanation of the contents of English Attack!, the English version of the text in the website and these General Terms and Conditions will remain determinate. Entertainment Learning SAS reserves the right to make changes to these Terms of Use, and to its Privacy Policy, at any time. The User will be subject to the Terms of Use in force at the time that the User uses the site.

16 Termination

The contract between a User and Entertainment Learning SAS is an indefinite contract. As such, it is cancellable at any moment by Entertainment Learning SAS or by the User without any particular reason, by a simple notification to or by Entertainment Learning SAS.

Such a cancellation only affects future actions. Thus, despite a cancellation, for whatever reason, a User is required to pay the commissions or fees which are due to English Attack!

17 No Waiver

The failure by Entertainment Learning SAS to enforce or require performance of any provision of the Terms of Use shall not affect its right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms of Use constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

18 Queries or complaints

In the case of queries or complaints concerning any of our services, policies or procedures, please inform us by email info@english-attack.com You will receive a reply within four working days.

19 Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Entertainment Learning SAS as a result of your accepting the Terms of Use or your access to and use of the Site. Unless otherwise specified herein, the Terms of Use constitutes the entire agreement between you and Entertainment Learning SAS and governs your use of the Site. Should individual points of these Terms of Use be non-applicable or legally invalid, the remaining portions hereof shall be unaffected and remain binding.

The Terms of Use detailed above is effective as of May 1, 2011.