LEGAL NOTICE or TERMS under which this service is provided to you.
This Agreement is between CyberItalian, Inc. (hereinafter called "CyberItalian") and the person (hereinafter called "you") who enters the CyberItalian website.
This Agreement is personal to you and you may not assign your rights or obligations to any third party. CyberItalian is an interactive site on Italian language and culture.
By using the site, either as a Visitor or as a Member, you agree on the following terms and conditions:
You may visit the Visitor section of the site or you may purchase a language course to access the Members area of the site.
By submitting the registration form and becoming a member of the site, you agree to pay to CyberItalian the amount previously entered on the form. By using this site either as a Visitor or as a Member you consent to all terms, conditions, and notices contained or referenced herein (the Agreement).
Lessons 1, 12 and 22 are a free sample of how CyberItalian Self-Study language lessons are structured. CyberItalian guarantees that all the following Self-Study lessons (lessons 2 through 36) contain approximately the same or more quantity of text, audio, pictures, cultural reference, exercises and exams than Lessons 1, 12 or 22.
You may register as a member of CyberItalian and purchase access to the available courses, programs and/or private lessons lessons. Membership automatically expires after 6 months (for new members) or 12 months (after renewal) or unless otherwise specified.
CyberItalian may send you a reminder before your membership expires. Upon purchase of a Self-Study language course or courses, your access to the Self-Study language courses remains valid for the duration of your membership and any uninterrupted extension thereof.
Fees are due as published on our pricing overview in the registration form on the date of your registration of either your membership, the language course or lessons of your choice.
The User Name and Password that will be assigned to you once you are registered are strictly personal. The User Name and Password provide access to one or more language courses, programs or private or group lessons, only after the course/courses, programs or lessons have been purchased.
You are responsible for all statements made and acts or omissions that occur while your User Name is being used. CyberItalian, at its sole discretion, reserves the right to cancel or suspend a membership in case of inappropriate use of the site. CyberItalian reserves the right to cancel a membership upon discovery that the same User Name and Password have been used by two different individuals.
The on-line Chat with the Prof is available for members only at the designated time (see schedule on the Calendar). Schedule may be subject to change. CyberItalian reserves the right to cancel or postpone an on-line chat with the CyberItalian professor or tutor anytime.
The audio/video class is available for Tutored students only at the designated time.
CyberItalian does not supervise the Open Chat (a chat room available to all Internet users) nor can it be held responsible for the behavior of its users. Please review important safety tips before you participate in a Chat or browse the Internet.
By using any chat room (Open Chat, Chat with the Prof, Members Chat, Voice Chat or others), message boards (Forums), or any other service that may be available on or through CyberItalian, you agree that you will not post, upload or otherwise distribute, either directly or indirectly, any content - including, but not limited to, text, communications, software, images, sounds, data, or other information - that:
1) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
2) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, or contains language of sexual nature or reference, explicit or graphic descriptions or accounts of sexual acts;
3) infringes on any patent, trademark, trade secret, copyright, license, or other intellectual property right of any party;
4) constitutes unauthorized solicitation such as, but not limited to, advertising, junk or bulk e-mail, spam, chain letters; any form of lottery or gambling; harvests or collects or intend to harvest or collect any data about any user of any of these services; or use any information otherwise acquired through the use of any of these services;
5) contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
6) impersonates any person or entity, including any employee or representative of CyberItalian.
CyberItalian and its agents maintain the right at their sole discretion to remove any content that does not comply with this Agreement or is otherwise harmful, objectionable, or inaccurate. CyberItalian will not be held responsible for any failure or delay in removing such content.
For the purpose of offering a better service, understanding and/or background information CyberItalian may offer links to other sites on the Internet. These sites are not supervised by CyberItalian. You acknowledge that CyberItalian is not responsible for the accuracy, copyright compliance, legality, decency, safety, or any other aspect of the content of such sites. These sites may contain information or material that some people may find inappropriate or offensive. The inclusion of such a link does not imply endorsement of the site by CyberItalian or any association with its operators. CyberItalian does not assume any liability or responsability for any communication or material available at such site. CyberItalian is not responsible for the location, downloading, usage, properties, content, of any recommended website, link or software.
CyberItalian encourages you to exercise discretion while browsing the Internet and/or using CyberItalian Open Chat, (a chat room available to all Internet users) or any other service that may be available on or through CyberItalian.
Do not send any information about yourself (your name, address, e-mail address, picture, etc.) to any person unknown to you over the Internet.
CyberItalian believes that children should get their parents' consent before browsing any site on the Internet. CyberItalian encourages parents to participate in their child's experience in cyberspace and to review important safety tips before the child explores the Internet.
CyberItalian is strongly committed to protecting the privacy of its Members and Visitors. Throughout cyberspace, CyberItalian wants to contribute to providing a pleasant and safe environment for consumers. CyberItalian does not disclose, sell, share or rent any private information that you may give us to any third parties (unless it is required to fulfill the travel registration for the participants in the Travel and Learn program).
CyberItalian uses two types of registration:
1) Subscription to our free newsletter mailing list. Users who wish to receive our newsletter can register through our home page and provide us only with their email address. CyberItalian does not disclose, sell, share or rent any email address to any third parties. At any time, subscribers may automatically unsubscribe, and their email address will be deleted.
2) Registration for our online courses, programs or private lessons. Users who wish to purchase our Italian language courses, programs or pivate lessons are required to register online through our secure and encypted registration form and provide us with their name, last name, address, email address, telephone number (optional), and other personal information such as "reason to study Italian, where you heard about us, profession", etc. CyberItalian does not disclose, sell, share or rent any personal information to any third parties.
Submitting private information via the website. When users submit their private information via the website, their information is protected both online and off-line. Your credit card transaction will be authorized through a credit card processor. The personal information you provide to register with CyberItalian services is transmitted using SSL (Secure Socket Layer) encryption. SSL is a proven coding system that lets your browser automatically encrypt and scramble data before you send it to us. While on a secure page, such as our registration form, the lock icon on the bottom of web browser or in the url address becomes locked. You may also double check if the address line shows "https:" to make sure that you are currently on a secure page. While we use software encryption to protect sensitive information online, we also do everything in our power to protect user-information offline. All of our users information is restricted to our offices and to offices of vendors contracted to us. Only employees who need the information to perform a specific job (for example, a customer service representative) are granted access to personally identifiable information. Finally, the servers used to store personal identifiable information are kept in a secure environment, behind a locked enclosure, managed by our hosting provider.
You acknowledge and agree that, unless otherwise specified, all published material, including articles, text, drawings, photographs, audio, music, songs or other, are proprietary rights of CyberItalian.
You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content either in print or electronically without prior written consent of CyberItalian. Notwithstanding the above, you may print or download one copy of the materials or content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory (without written permission from CyberItalian) is prohibited. In addition, any use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
Cyberitalian respects the intellectual property of others, and we ask our users to do the same. Cyberitalian does all reasonable efforts within its reach to ensure proper credits of quotes and rights. Any omission is purely unintentional and will be corrected upon discovery or notification. Due to the nature of the Internet it is not always possible to contact all the web-sites and authors referred to at CyberItalian to acquire permission to (1) list their web-site, (2) create a link to their site, (3) cite or post relevant quotes or reference material, or (4) give appropriate credits to their work. These links, quotations, reference material and credits are used for clarification on a subject, more information regarding a subject, and educational purposes only. If you believe that a reference or link to your website, or any quotation, representation or credit to your work is omitted or should be removed from our site please contact our office.
CyberItalian assumes no liability. Neither CyberItalian nor any of its directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this site, including the Open Chat, Chat with the Prof, Members Chat, Voice Chat, all Forums, all links, the Shopping area or any other service that may be available to you on or through CyberItalian. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
In case of technical problems (server is down, busy/slow lines and connections, or other…) you will not deem CyberItalian responsible for it and in no way will you seek legal action against CyberItalian.
Membership automatically expires after 6 months (for new members) or 12 months (after renewal).
In the event of non-compliance with the terms and conditions as set forth in this Agreement CyberItalian reserves the right, in its sole discretion, to terminate with immediate force your current and future access to all or part of this site, with or without notice, and without refund of membership and course fees.
If you decide within 30 days of purchase that CyberItalian is not right for you, CyberItalian will refund 100% of your money for the Self-Study Courses, and 100% of your money for the package of private lessons or tutored courses (standard, intensive or extended) minus the cost of any private or tutored class that you might have already completed or written correction that you might have received. *Please note: the refund policy for our recovery, 16 and 6 week tutored courses for schools is different and can be discussed during or before registration.
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and CyberItalian with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and CyberItalian with respect to this site.
This Agreement and all rights, obligations and actions in contemplation of this Agreement shall be governed by the law of the State of Delaware in the United States of America, as if this Agreement was a contract wholly entered into and wholly performed within the State of Delaware. Any dispute arising from this agreement will be resolved by the laws of Delaware before the competent Court in Wilmington, DE.
If any portion in this Agreement is invalid or unenforceable under applicable law, the remaining portions will continue in full force and effect; that invalid or unenforceable portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties.
The English language version of this agreement is the original, enforceable Agreement, and no rights or obligations can be derived from the summary version in another language.
THIS AGREEMENT WAS LAST UPDATED ON 18 JUNE, 2009
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