Student Terms and Conditions and Privacy Policy

Student Terms and Conditions of Use and Privacy Policy

Welcome to the Tu parles! series online streamed reading program.

These terms and conditions (“Terms and Conditions”) govern your access to and use of this website, including any content, functionality and services offered by us on or through this site (such content, services and the site are collectively referred to as the “Tu parles! series Service”).

The Tu parles! Service is operated by RK Publishing Inc. (“RK Publishing”, “us”, “our” or “we”), which is located at 3089 Bathurst Street, Suite 308, Toronto, Ontario, M6A 2A4. E-mail: frenchtextbooks@rkpublishing.com

BY USING THE TU PARLES! SERVICE AND WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS, WHICH INLCUDE OUR PRIVACY POLICY.

Content and License

Upon your access of the Tu parles! Series Service using a valid username (generally an email address) that was provided to you by us, or by a school or school board authorized to do so, and upon entering your valid password, we provide you with a non-exclusive license to view and display the readers and other content on the Tu parles! Series Service for as long as your account remains active.

All content that is made available by us to you on the Tu parles! Series Service is licensed and not sold to you.

The content that is made available to you, as well as the period of time during which they will be available, are determined by you, your school or your school board, based on the separate license and agreement that you, your school or school board has entered into with us (the “Purchase Order”). Note that the Purchase Order may not be terminated by the purchaser prior to the expiry of the subscribed-for term and is non- refundable.

The information and material on the Tu parles! Series Service may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Tu parles! Series Service is restricted to users or unavailable at any time or for any period.

Your use of the Tu parles! Series Service and Security

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Users are responsible for

obtaining their own access to the Tu parles! Series Service.

Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity.

Your account is personal to you and you agree not to provide any other person with access to the Tu parles! Series Service or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.

Privacy

RK Publishing collects your name and email address.

By using the Tu parles! Series Service you are also consenting to the use of cookies which allow a server to recall previous requests or registration or IP addresses to analyze website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Tu parles! Series Service may not function adequately.

The Tu parles! Series Service may provide information to us about your use of the Tu parles! Series Service.

Information provided to us may be stored on servers outside the country in which you live.

RK Publishing may collect non-personal information that does not directly or indirectly reveal your identity or directly relate to an identifiable individual, such as statistical or aggregated information. Statistical or aggregated data does not directly identify a specific person, but we may derive non-personal statistical or aggregated data from personal information. For example, we may aggregate personal information to calculate the percentage of users accessing a specific Tu parles! Series Service feature.

RK Publishing may also collect certain technical information, including login information,

browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, or information about your internet connection, the equipment you use to access our Tu parles! Series Service, and usage details.

We welcome your questions, comments, and requests regarding our privacy policy and our privacy practices. Please contact us at frenchtextbooks@rkpublishing.com

Intellectual Property Rights and Ownership

The Tu parles! Series Service and its entire contents, features, and functionality, are owned by RK Publishing or its licensors and are protected by intellectual property laws including without limitation, copyright, trademark and other proprietary rights.

You may only use the Tu parles! Series Service for your own personal and non-commercial use. You may not sell, rent, lease, distribute, reproduce, compile for an internal database, distribute, modify, publicly display, publicly perform, republish, download, store, or transmit any of the content on our Tu parles! Series Service, in any form or medium whatsoever except as expressly contemplated by the Tu parles! Series Service.

For greater clarity, given that any Personal Recordings made by you or your students are recordings of licensed written content provided by us to you under license, you may not under any circumstances download, store, transmit or post copies of Personal Recordings. All Personal Recordings must remain on the Tu parles! Series Service.

By making a Personal Recording, you grant us and our licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to reproduce and store the Personal Recordings as a part of the Tu parles! Series Service, and to perform and play back those Recordings to students, your school and school board, as the case may be, for the purposes expressly contemplated by this Agreement and the Tu parles! Series Service.

Geographic Restrictions

RK Publishing and the Tu parles! Series Service is based in Canada. We provide the Tu parles! Series Service for use only by persons located in Canada.

Disclaimer of Warranties

OUR CONTENT AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OR CONDITION WHATSOEVER BY RK PUBLISHING, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR CONDITION: (A) OF MERCHANTABILITY; (B) OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER TU PARLES! OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE TU PARLES! SERIES SERVICE

WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE TU PARLES! SERIES SERVICE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE TU PARLES! SERIES SERVICE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE TU PARLES! SERIES SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY TU PARLES! SERIES SERVICE LINKED TO IT.

Limitation of Liability

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL RK PUBLISHING OR ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE TU PARLES! SERIES SERVICE, ANY SHOPS, LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY TU PARLES! SERIES SERVICE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.

Governing Law and Choice of Forum

The Tu parles! Series Service and these terms of use will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable in Canada, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Ontario or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.

Entire Agreement

The Terms and Conditions constitute the sole and entire agreement between you and RK PUBLISHING regarding the Tu parles! Series Service and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

Contact Information

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:

RK Publishing Inc.

3089 Bathurst Street

Suite 308

Toronto, ON M6A 2A4 Canada

Email: support@rkpublishing.com