Terms and Conditions of Use and License Agreement
Last Modified: June 10, 2018
Lecture Enfant ("we", "us" or "our") is a business registered in Ontario, Canada. We license access to French language educational resources (the “Resources”). In consideration for permitting your access to our websites and other good and valuable consideration, you agree as follows:
These terms and conditions (the "Terms") form a legally binding agreement which govern your access to and use of Lecture Enfant's, ("we", "us" or "our") websites hosted at http://lecturenfant.net, http://livresvideo.net (the “Websites”), as well as the terms upon which you may license copyrighted Resources from us.
By using our Websites, you, the user ("you" or "your"), represent and warrant that you have read and understand these Terms and agree to be bound by them. If you are using the Websites or licensed Resources on behalf of, or in the employ of, an organization (such as a school board, corporation, partnership, etc.), you are agreeing to these Terms for that organization and representing and warranting that you have the authority to bind that organization to these Terms. In such a case, "you" and "your" will also refer to that organization and yourself individually. Both you as an individual and your organization are legally bound by these Terms which form an agreement with Lecture Enfant.
Purchasing a License
You may browse the public facing sections of our Websites without establishing an account or providing us with any personal information. However, to access our Resources, you must purchase a license from us and provide certain personal and school or organization information. To purchase a license, please visit http://lecturenfant.net/purchase/new.
Our Websites permit you to pay for our licenses:
• With a credit card via PayPal, Inc. (“PayPal”) (https://www.paypal.com/ca);
• By cheque; or
• By submitting a purchase order via email to email@example.com.
Classroom Use. Licenses to access our Resources are sold on a per school classroom or per teacher basis. When purchasing licenses from us, you will be asked to specify how many classrooms or how many teachers are permitted to access and use our Resources under the license. Prices for each license vary depending on the number of classrooms or number of teachers who will be granted access to use the Resources. For current pricing information please visit http://lecturenfant.net/purchase/new.
Personal or Family/Home Use. If you are not intending to use our Resources in a classroom or school environment, you may purchase a single license for family or household use. To do so, please select the option to purchase the one (1) year, one (1) classroom license. If you elect to use your license in a family or household environment, your use of the Resources is restricted to your single family or household.
License Duration. All licenses are sold for a one (1) year term from the date we grant you access to the Resources (the “License Period”). You agree and acknowledge that in order to continue to use our Resources after the License Period, you must renew or repurchase a new license from us. Where you elect not to renew or repurchase a license from us, you agree to cease using all of our Resources made available on both Websites, whether you used them electronically and/or in print. If you or the applicable teacher store our Resources electronically, you agree to delete them at the end of the License Period. Likewise, if any of our Resources were printed, you agree to dispose of them at the end of the License Period.
Grant of License. Upon purchasing a license from us, we grant you a non-exclusive license to access, print and use our Resources hosted on the Websites, during the License Period, in the number of households, or the number of classrooms and with the number of teachers specified at the time of purchase. You are not permitted to sub-license, sell access to, or otherwise commercialize our Resources. You further agree that you are not permitted to share our Resources with any third party, aside from those who are permitted to access the Resources under a grant of license during the License Period.
Ownership of Resources. Nothing in these Terms, or in the course of your relationship with us, shall be constructed as an assignment of any ownership rights in or to the Resources. The Resources are owned by Lecture Enfant and protected by applicable copyright legislation, including the Copyright Act (R.S.C., 1985, c. C-42) in Canada.
No Modifications or Derivatives Works. You agree that you, and any person (including teachers) whom you purchase a license for, shall not, modify or create derivatives works based in whole or in part on any of the Resources.
As the party agreeing to these Terms, it is your responsibility to ensure that any teachers using the Resources in their classroom do so only with a valid license purchased from us in accordance with these Terms.
Upon purchasing a license from us, we will establish an account on both http://lecturenfant.net and http://livresvideo.net for you to access the Resources. You will receive an email from us with your login credentials. Every license available from us grants you access to all Resources on the Websites during the License Period. Accordingly, your account login credentials will remain active during the License Period.
You agree and acknowledge that during the License Period we may add or remove certain Resources from our Website even though the price of your license will not change during the License Period.
The Lecturenfant.net Website
All accounts created to access Resources on http://lecturenfant.net are intended solely for the applicable teacher or household who holds the corresponding license. Accordingly, you (and if different) the applicable teacher licensed to access the account on http://lecturenfant.net are responsible for safeguarding the username and password used to access the website. You agree not to disclose your password to any unauthorized third party. As the party purchasing a license from us and agreeing to these Terms, you are responsible for any activity on the account, whether you authorized it or not.
The Livresvideo.net Website
We will provide separate login credentials to access the video resources on http://livresvideo.net. During the License Period you may share the login credentials with the applicable classroom students, or all family members of the applicable household, to access the website and watch the videos. However, you agree not to disclose the username or password to any unauthorized third party outside the applicable classroom or household.
Where prices are listed on the Websites, they are subject to change without notice. However, we will not change the pricing of any active license you purchase from us.
Prices listed on our Websites and in our marketing materials are an invitation to make an offer and are subject to acceptance by us. Even in the event of the automated processing of your order on the Websites, you agree that we will have the opportunity to review and accept your orders. For current pricing information, please visit http://lecturenfant.net/purchase/new.
Additional terms, including but not limited to, the addition of sales or other taxes may be specified on the Websites. Those terms, as amended from time to time, are incorporated by reference and form part of this agreement. You agree to pay all sales tax, whether Canadian or foreign, applicable to this agreement or arising in any way from the purchase of licenses or other products from us.
Due to the fact that our Resources are made available to you digitally, we do not offer refunds once your account(s) have been created and you have been given assess to our Resources.
Ownership of the Websites and Their Contents
Aside from the Resources we own, and which are made available for download or viewing pursuant to a license, our Websites may also contain open source and public domain content, licenced content from third parties, as well as proprietary content owned by us and by third parties.
While you are permitted to download and use our Resources in accordance with our license terms (established above), you are not permitted to copy or distribute any text, software code, images, trademarks, videos or audio found on the Websites without the express consent of the owner. Without limiting the forgoing, you are not permitted to use any trademark or trade name of Lecture Enfant, including our logo, without our permission.
Your Use of the Websites
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on our Websites, please notify us at firstname.lastname@example.org or by mail at:
PO Box # 30083
While we take no responsibility for any user, licensor or supplier who breaches your copyright or other intellectual property rights, we may, in our sole discretion and without liability, undertake to attempt to contact the infringer on your behalf and/or remove such content from our Websites.
Whether or not we are affiliated with sites or third-party vendors that may be linked to our Websites, we are not responsible for their content (the "Linked Sites"). The Linked Sites are for your convenience only and you access them at your own risk. We and other users of our Websites may provide links and references to material on other websites not owned or operated by us. Links found on our Websites are not an endorsement and we do not represent or warrant the accuracy or truth of the contents of information found on said websites. You access those links and corresponding sites at your own risk.
Acceptance of Risk and Disclaimers
Everything on the Websites, including all Resources available for download or viewing under license, are provided "as is" without warranty of any kind including all implied warranties and conditions of merchantability and fitness for a particular purpose. We hereby disclaim all warranties and conditions of any kind, whether express, implied or statutory.
While we and our contractors work hard to provide an excellent experience on the Websites, you acknowledge that the Websites may undergo scheduled and unscheduled downtime for various reasons. When any downtime occurs, we will do our best to have the Websites back in working order as soon as possible. However, you agree that we shall not be liable or responsible for any damages or losses, howsoever caused, you may suffer as a result of such downtime.
LIMITATION OF OUR LIABILITY
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE, HOWSOEVER CAUSED, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES YOU SUFFER AS A RESULT OF USING OUR WEBSITES AND/OR RESOURCES, REGARDLESS OF LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER THOSE DAMAGES WERE FORESEEABLE OR NOT.
You agree and acknowledge that we would not enter into this agreement or grant access to the Websites or our Resources without these restrictions and limitations on our liability.
If you are dissatisfied with the Websites or any Resources licensed from us, or do not agree with any part of these Terms, or have any other dispute or claim with or against us, our affiliates, employees, contractors, agents, suppliers or licensors, your remedies are limited to (i) not renewing your license at the end of the License Period; and/or (ii) deleting your accounts with us and ceasing to access our Websites and Resources.
INDEMNIFICATION AND HOLD HARMLESS
You agree to indemnify us, our affiliates, employees, shareholders, directors, agents, representatives and contractors, and to defend and hold each of them harmless, from any and all claims and liabilities which may arise from your violation of these Terms, or any policy incorporated by reference.
Damages for Breach of License Terms
You agree to pay for any damages or losses we suffer as a result of individuals accessing or using our Resources, without a license, where such Resources were originally downloaded from your account, or an account created for a teacher or other individual at your direction.
Governing Law and Jurisdiction
These Terms, all documents incorporated by reference and your relationship with us, shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, Canada, (and any Canadian federal laws applicable therein) as it is applied to agreements entered into and to be performed entirely within such province.
You agree to irrevocably and unconditionally submit to the exclusive jurisdiction of the courts and tribunals of Ontario, Canada (including the Federal courts and tribunals as applicable therein) to settle any disputes arising out of or in any way related to these Terms, all documents incorporated by reference and your relationship with us.
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Where a provision in these Terms is found to be unlawful, void or for any reason unenforceable, a lawful or enforceable term which best reflects the intention of the provision, as originally drafted, shall substitute.
No Construction Against Drafter
If an ambiguity or question of intent arises with respect to any provision of these Terms, the Terms shall be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favouring or disfavouring either party by virtue of authorship.
Waiver of Class Proceedings and Trial by Jury
To the extent permitted by law, you waive your right to participate in any class action lawsuits against us, our contractors, employees, shareholders, successors, assigns, officers and directors. To the extent permitted by law, you further waive any right to a trial by jury, should such a right exist, in relation to any legal dispute connected to or in any way arising out of these Terms.
Incorporation by Reference
You may terminate your account with us at any time. To do so, please contact us by email at email@example.com. The cancellation, suspension or termination of access to our Websites, or your account, shall not terminate this agreement. Without limiting the foregoing, any provision of these Terms concerning the limitation of our liability, your indemnification obligations, settling disputes (including the jurisdiction and choice of law) and the license terms shall remain binding.
Assignment of this Agreement
You agree that we may assign this agreement to any successor or assignee, whether pursuant to the sale of our Websites, the transfer of control of Lecture Enfant, or otherwise.
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
AS OUR WEBSITES AND RESOURCES CONTINUE TO CHANGE, WE MAY, AT ANY TIME, REVISE THESE TERMS AND OUR POLICIES BY UPDATING THIS PAGE OR THE PAGE HOSTING THE RELEVANT POLICY. THE DATE OF THE LAST VERSION OF THESE TERMS IS POSTED ABOVE.
ANY CHANGES TO THE TERMS OF THE LICENSE UPON WHICH YOU ACCESS OUR RESOURCES WILL NOT APPLY TO ANY EXISTING LICENSE YOU HOLD, ONLY TO SUBSEQUENT RENEWALS THEREOF.
AS YOU ARE BOUND BY THESE TERMS EACH TIME YOU VISIT OUR WEBSITES, YOU ARE RESPONSIBLE FOR PERIODICALLY REVIEWING THE AMENDMENTS TO THESE TERMS AND YOU ARE DEEMED TO HAVE ACCEPTED AND AGREED TO SUCH AMENDMENTS BY ACCESSING AND USING THE WEBSITES AFTER SUCH AMENDMENTS HAVE BEEN POSTED. IF YOU DO NOT AGREE WITH THE AMENDMENTS, PLEASE STOP ACCESSING THE WEBSITES AND TERMINATE YOUR ACCOUNT. WE MAY ALSO UNDERTAKE TO SEND YOU NOTICE OF ANY CHANGES TO THE TERMS OR POLICIES.
Last Modified: June 10, 2018
Collection of Personal and Organization/School Information
To license products from us and to establish an account, we collect your:
• Name, or the name of applicable contact at your school or school board;
• Business or organization name;
• School, organization or household address, depending on whether you are licensing Resources from us for a school, organization or household to use;
• Email address (which you agree to remain active during the duration of your license, or update us with any changes to your email address);
• Phone number;
• Comments, feedback, reviews and other information you upload or provide to us via email or on the Websites;
• IP address information to log account access;
• Websites statistics and analytics data collected by third-party software providers, such as Google Analytics, regarding your use of the Websites. For more information visit Google information page at https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage; and
• All other information you elect to provide on our Websites or otherwise, including as part of the licensing process.
Credit Card and Payment Processing Companies
Our Websites may also collect credit card and payment information from you using online forms that direct the information to PayPal, our credit card and payment processor. While we do not store your credit card number ourselves, we may have access to your name, the name on the credit card, the credit card expiration date and other details via PayPal. Their additional terms of service and privacy policies may apply to the collection and use of your personal information. If you have questions regarding our use of PayPal, please contact us.
Providing us With the Personal Information of Someone Else
The Use of Your Personal Information
The collection of personal information may also be used to:
• Create your accounts on our Websites;
• Take reasonable measures to enforce our license terms, including our license restrictions and protect our copyrighted Resources;
• Identify the person, family or organization that has licensed Resources from us;
• Provide to third-party payment processors to facilitate payment, including PayPal Inc. and banks;
• Promote our Websites and product offerings to you in various forms of communication, including via email or mail. You may elect to unsubscribe from promotional offers at any time;
• Provide you with customer support on using the Websites or our Resources;
• Communicate with you about your account and our Resources;
• Bill and collect money owed to us;
• Pursue available legal remedies to us and to prosecute or defend a court, arbitration or similar proceeding;
• To meet legal requirements; and
• To enforce compliance with our Terms and Conditions of Use and License Agreement and applicable law.
Disclosure Pursuant to Court Order, Subpoena or Other Legal Process
We reserve the right to provide your content and information (including, but not limited to, your personal and organization information) uploaded or collected by our Websites to third parties if required by law (such as in response to a subpoena, court order or other legal process in any jurisdiction), and to cooperate with law enforcement authorities in the investigation of any criminal or civil matter.
If we are required by law to make any disclosure of your content or personal or business information, we may, but are not obligated to, provide you with written notice (to the extent permitted by law) prior to such disclosure so that you may take appropriate action.
The Disclosure of Your Personal Information and Access to It
We may share personal and organization information with our partners and employees to use that information in connection with one or more of the purposes for which it was collected.
We also operate the Websites in conjunction with our independent contractors and third-party service providers. Our contractors and service providers may have access to, and store your personal information, in providing services to us or providing you with access to the Websites. We may use a variety of service providers, servers, online software providers and employees in locations both inside and outside of Canada, which may make your personal information the subject of foreign laws and foreign legal proceedings.
We may also disclose your personal information to our successors (if our business or the Websites is acquired by another legal entity) or any assignee of our assets.
WHILE WE TAKE MEASURES TO PROTECT PERSONAL INFORMATION, YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, EMPLOYEES, CONTRACTORS, AGENTS, OR LICENSORS BE LIABLE, HOWSOEVER CAUSED, FOR THE LOSS OR THEFT OF YOUR PERSONAL INFORMATION, OR ANY DAMAGES CAUSED, AS A RESULT THEREOF, SO LONG AS WE WERE NOT GROSSLY NEGLIGENT IN THE PROTECTION OF SAID INFORMATION.
Retention of Your Personal Information
We keep your personal information for as long as it is required for the purpose for which it was collected. There is no single retention period applicable to the various types of personal information collected. If you would like us to delete your personal information, please contact us.
PO Box # 30083
Our Websites may place a "cookie" in the browser files of your computer. Disabling cookies on your web browser may interrupt the proper use of the Websites.
ACCEPTABLE USE POLICY AND CODE OF CONDUCT
Last Modified: June 10, 2018
You agree to use our Websites in accordance with the following acceptable use and code of conduct guidelines. You agree that you:
1. Will not upload, copy, distribute, share, or otherwise use content that is unlawful, obscene, defamatory, libelous, harmful, hateful, harassing, bullying, threatening, racially or ethnically offensive or abusive, that would violate another person's rights (including their intellectual property rights), constitute or encourage a criminal offense, give rise to civil liability, or violate any local, state, provincial, national or international law or regulation, or that is otherwise inappropriate;
2. Will not disclose personally identifiable information belonging to others unless authorized to do so;
3. Will not use the Websites in a way that has any unlawful or fraudulent purpose or effect; and
4. Will not circumvent, disable, violate or otherwise interfere with any security related feature of the Websites.
We reserve the right to revise this policy, which will be posted on the Websites.