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Second-language.com's User Agreement



Terms Of Services:

This Second-Language.com, Inc. ("Second-Language") User Agreement (the "User Agreement") sets forth the terms and conditions which apply to your use of the Second-Language.com web site. Second-Language.com is herein referred to as "Second-Language". BY USING THIS SITE, YOU AGREE TO THE TERMS OF THIS USER AGREEMENT JUST AS IF YOU HAD SIGNED THIS USER AGREEMENT. If you do not agree to be bound by this User Agreement, please discontinue your use of the Services.



Second-Language reserves the right to modify or amend this User Agreement at any time without prior notice. By accessing the Services and/or submitting any text, pictures or other content ("Content"), including without limitation, travel pages, message-board postings, or any chat room statements, you signify your agreement to this User Agreement as it has been modified or amended.



Conduct Required for Use of the Services:

It is a condition of your use of the Services that you do not: (i) restrict or inhibit any other user from using and enjoying the Services; (ii) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent (including any nudity) information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (iii) post or transmit comments containing harassing or offensive language, including sexual references, sexual nicknames, racial slurs or rude or deliberately offensive comments or engage in disruptive activities online, including excessive use of scripts, sound waves, scrolling (repeating the same message over and over), "WAREZ" (copyrighted software that is distributed illegally), "mp3" files of copyrighted music, copyrighted photographs, text, video or artwork or use viruses, bots, worms or trojan horses; (iv) post or transmit any information, software or other material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder; (v) post or transmit any information, software or other material which contains a virus or other harmful component; (vi) post or transmit content that encourages or provides instructional activities about illegal activities, in particular hacking, cracking or phreaking; (vii) post, transmit or in any way exploit any information, software or other material for commercial purposes or which contains advertising; (viii) solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users; (ix) impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity; (x) resell, redistribute, broadcast or transfer the information or use the information in a searchable, machine-readable database; or (xi) use the Services to collect personally identifying information about users of the Services in violation of our Privacy Policy; or (xii)post or transmit comments of a purely political or religious nature or designed to further one political or religious view over another.



You agree that you will not use the Services, including the information provided therein and all related equipment, networks and network devices (specifically including Internet access) for any unlawful purpose. Second-Language, at its sole and absolute discretion, shall determine whether any information transmitted or received violates this provision.



We welcome people to become members:

Second-language welcomes members to participate in the discussion fora, to help build the second-language knowledge base, and to share their common experiences and interests in philology using the services available at Second-Language.



We value freedom of expression but we do not guarantee free speech:

We want to be completely honest about our policy. Second-Language values freedom of expression on our site but we do not guarantee the right to free speech. We believe our community will thrive when there is freedom to present what you want, but not at the expense of others.



Age Limitation:

Second-Language does not permit children under the age of 13 to become members, post home pages or web sites or obtain chat rooms and e-mail accounts on our Services.



Child Online Protection Act Notification:



Pursuant to 47 U.S.C. Section 230(d), as amended, Second-Language hereby notifies you that parental control protections (such as computer hardware, software, or filtering Services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation website, located at:



http://www.eff.org/pub/Censorship/Ratings_filters_labelling



and at the America Links Up website, located at:



http://www.netparents.org/parentstips/browsers.html



Advertising:

Members who want to use our free Services and tools must agree to accept the terms of this User Agreement. We also require that our logo and the banner advertisements of our sponsors can be displayed on every page, and our Members do not share in any revenue which may be derived from such advertisements. Our logo and the banner advertisements of our sponsors are a distinct and separate file from the Content provided on Member content pages and do not interfere with Members' Content.



Second-Language is not responsible for the delivery or quality of any goods or services sold or advertised by our sponsors either through or on Second-Language members' page(s).



You grant Second-Language a license to the Content you submit:

Anything contained herein to the contrary notwithstanding, by submitting Content to Second-Language, through message boards, forums, wiki-like documents, and other other Second-Language services, you grant Second-Language and its affiliates a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such Content. You also warrant that the holder of any rights, including moral rights in such Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit anyone to access, display, view, store, and reproduce such Content for personal use. Subject to the foregoing, the owner of such Content placed on Second-Language retains any and all rights that may exist in such Content.



Note that Second-Language seeks to honor all legal copyrights; therefore, Second-Language asks its Members to not post copyrighted material, unless the Member is the holder of the copyrighted material and freely grants the copyrights listed in the previous paragraph.



Personal Profile Information:

The personal profile information that you submit to Second-Language remains your property, but by submitting that information to Second-Language you grant Second-Language the right to use that information for internal marketing to members and direct e-mail marketing by Second-Language. We do not sell our member list. In addition, Second-Language reserves the right to release current or past member information in the event Second-Language believes that the membership is being or has been used in violation of this User Agreement or to commit unlawful acts, if the information is subpoenaed, or when Second-Language deems it necessary or appropriate. By agreeing to the conditions of this User Agreement, you hereby consent to disclosure of any record or communication to any third party when Second-Language, in its sole discretion, determines the disclosure to be appropriate.



Investigation of Complaints:

We reserve the right to monitor and to investigate any complaints regarding any Content of Second-Language of any member content and to take the appropriate action if Second-Language finds any violation of this User Agreement. Accordingly, you agree that Second-Language will have the right to access your site at any time, without advance notice. If access to your site is restricted, whether by password or otherwise, you agree to provide Second-Language with whatever information is required to access your site. In the case of any such complaint, Second-Language reserves the right to remove the Content complained of while the Second-Language member and the complaining party attempt to resolve their dispute. This could result in your page(s) being removed from Second-Language for as long as it takes to resolve the dispute.



Termination of Membership:

Second-Language is the final arbiter of what IS and IS NOT allowed on our site. Further, Second-Language reserves the right to modify or remove anything submitted to Second-Language, and to cancel any membership, at any time for any reason without prior notice. Second-Language is not obliged to maintain back-up copies of any material submitted or posted on our site. Actions or activities that may cause termination of your membership and/or removal of your page(s) include, but are not limited to: posting or providing links to any Content which violates this User Agreement; conducting or providing links to any raffle, contest, or game which violates any local, state or national laws; displaying on your page any paid advertising or other paid sponsorship banner other than a Second-Language approved advertiser; restricting access to your Second-Language page(s) or files only to users with passwords; using in the registration of your Second-Language membership an e-mail account that is not your own or that is or becomes inactive; sending unsolicited e-mail using a Second-Language.com address or containing any reference to your Second-Language home page; or reproducing, distributing, republishing or retransmitting material posted by other Second-Language members without the prior permission of such members.



We are not responsible for Content posted by members:

Second-Language is not responsible for the Content posted by Second-Language members or visitors on any area of our site without limitation. The opinions and views expressed by Second-Language's members or visitors do not necessarily represent those of Second-Language, and Second-Language does not verify, endorse, or vouch for the Content of such page(s).



If you believe that any of the Content posted by our members or visitors violates your proprietary rights, including copyrights, please contact our Designated Agent to Receive Notification of Claimed Infringement identified below.



Monitoring:

You are solely and fully responsible for any Content that you post on any area of our site. You understand that Second-Language has no obligation to monitor the Services, or any other use by members of the Services. However, Second-Language reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in Second-Language's sole and absolute discretion are objectionable or in violation of this User Agreement. You acknowledge that Second-Language reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Services, for operational and other purposes. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with our Privacy Policy. Use of the Services constitutes consent to such monitoring.



Infringement Policy and the Digital Millennium Copyright Act of 1998:

As noted above, Second-Language does not allow any material that violates or infringes in any way upon the proprietary rights of others, including, without limitation, copyright or trademark rights. If you don't own the copyright or have express authorization and documented permission to use it, don't put it on your site at Second-Language (if you do have express permission you must say so clearly on each page where such content is displayed). Second-Language will terminate the memberships of, and remove the pages of, repeat infringers.



Second-Language complies with the provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA"). If you have a concern regarding the use of copyrighted material on the Second-Language website, please contact Second-Language's agent, designated below, to respond to reports alleging copyright infringement.



As such, Second-Language, pursuant to 17 U.S.C. Section 512 as amended by Title II of the DMCA, reserves the right, but not the obligation, to terminate your license to use the Second-Language websites if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Second-Language accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), Second-Language has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the DMCA. Our designated agent to receive notification of claimed infringement is:



William J. ‘Bill’ McCalpin

1400 Cheyenne Dr.

Richardson, Texas 75080

abuse@second-language.com (email)



The DMCA specifies that all infringement claims regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must be in writing (either electronic mail or paper letter) and must include the following elements:



A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.



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, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.



Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.



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 or other proprietary right owner, its agent, or the law.



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 or on behalf of the person defamed.



To learn more about the Digital Millennium Copyright Act of 1998, visit http://lcweb.loc.gov/copyright/onlinesp/.



Links to Third-Party Sites:

This Web site may contain hyperlinks to Web sites operated by parties other than Second-Language. Such hyperlinks are provided for your reference only. Second-Language does not control such Web sites and is not responsible for their contents. Second-Language's inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.



Disclaimer of Warranties:

Your use of Second-Language Services are at your sole risk. All Second-Language Services are provided on an "AS IS" basis WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to you in full.



Limitation of Liability:

Second-Language makes no guarantee of availability of Services and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of the SECOND-LANGUAGE.COM Services. IN NO EVENT WILL Second-Language BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE SECOND-LANGUAGE.COM'S SERVICES OR ANY CONTENT THEREON FOR ANY REASON INCLUDING, WITHOUT LIMITATION, SECOND-LANGUAGE.COM'S REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON SECOND-LANGUAGE.COM'S SITE FOR ANY REASON. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY, WHETHER FOR BREACH OF CONTRACT, TORT, OR OTHERWISE, CAUSED; ANY FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; FILE CORRUPTION; COMMUNICATION-LINE FAILURE; NETWORK OR SYSTEM OUTAGE; OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD.



Indemnification:

You agree to defend, indemnify and hold harmless Second-Language, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Services; (c) any non-compliance by you with the terms and conditions of this User Agreement; and (d) claims brought by persons or entities other than the parties to this User Agreement arising from or related to your access and use of the Services, including the information obtained through the Services.



Trademarks:

"Second-Language", and the Second-Language logo are trademarks of Second-Language.com, and all other trademarks, Services marks and trade names used on the Services are the property of their respective owners, and all of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of Second-Language, or the owner of such trademark, servicemark or trade name.



Export Control Information:

Unless otherwise specified, the materials on the Services are presented solely to provide information regarding and to promote Second-Language's Services and other products available in the United States, its territories, possessions and protectorates. These Services are controlled and operated by Second-Language from its offices within the state of Texas, United States of America. Second-Language makes no representation that materials on these Services are appropriate or available for use outside the United States. Those who choose to access these Services from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from these Services is further subject to United States export controls. No software from these Services may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.



Miscellaneous:

The formation, construction and interpretation of this User Agreement shall be controlled by the laws of the State of Texas, U.S.A., as such law applies to agreements between Texas residents entered into and to be performed within Texas. The U.N. Convention of Contracts for the International Sale of Goods is expressly excluded from any interpretation of this User Agreement. Any dispute relating to this User Agreement shall be subject to the exclusive jurisdiction of the state and federal courts in the State of Texas, U.S.A., and the parties agree to submit to the personal and exclusive jurisdiction and venue of these courts.



The headings used in this User Agreement are for convenience and reference purposes only, and shall not be used in construing or interpreting the scope or intent of this User Agreement or any provision hereof.