Educator Terms and Conditions and Privacy Policy

Educator Terms and Conditions of Use and Privacy Policy

Introduction

Welcome to Express 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! Series 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! SERIES 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 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 readers and content that are 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.

Depending on the terms set out in the Purchase Order, the Tu parles!
Series Service may permit you to create educator accounts under the Tu
parles! Series Service and to issue usernames and passwords to, and
authorize access of the Tu parles! Series Service by, your educators.

The number of educator accounts that you are permitted to create at any
given time, the readers and other content that you are permitted to
make available to each educator under his or her account, and the
length of time that such content will remain available for access by an
educator, are determined by the terms of the applicable Purchase Order.

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.

Except as set out above, we will never disclose any of your personal
information to any person.

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 educators 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 educators, 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 EXPRESS 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.