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TERMS AND CONDITIONS OF USE AND SALES
Last Update on August 15, 2013

Welcome on www.isyourteacher.com

Legal Information & Notices

AGREEMENT TO TERMS OF USE AND SALE

 

Please read those conditions carefully.BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE AND SALES ; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

We offer a wide range of isYOURteacher Services, and sometimes additional terms may apply.  When you use a isYOURteacher Service (for example Your Profile, Gift Cards or isYOURteacher applications for mobile), you will also be subject to the terms, guidelines and conditions applicable to that isYOURteacher Service ("Service Terms").  If these Conditions of Sale are inconsistent with the Service Terms, those Service Terms will control. Should the English and French versions of these Contest Rules differ,the French version shall prevail.

These Terms and Conditions of Use (the “Terms of Use”) apply to the web site located at www.isyourteacher.com, and all associated sites linked to www.isyourteacher.com by Les Productions Xarda Inc. around the world (collectively, the “Site”). The Site is the property of Les Productions Xarda Inc. and its licensors.


1.2 CHANGES IN THE CONDITIONS

Les Productions Xarda Inc. reserve the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Les Productions Xarda Inc. grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.


1.3 UPDATES

To keep the Software and Applications isYOURteacher to date, we can offer automatic updates or manual at any time and without prior notice


1.4 YOUR CONTRACT WITH isYOURteacher

Les Productions Xarda Inc. provide website features and other products and services when you visit or shop on isYOURteacher website, the use of products and services of isYOURteacher, the use of isYOURteacher applications for computer, mobile or tablet, or the use of software and applications provided by isYOURteacher under the foregoing (« isYOURteacher Services »). Les Productions Xarda Inc. provide services according to the conditions specified in this page.



2. Children

 

2.1 CHILDREN

 

We do not sell products and contents for purchase by children.  If you are under 18 you may use the isYOURteacher Services only with the involvement of a parent or guardian.



3. Fees


3.1 PRICING AND AVAILABLITY

All prices are BEFORE taxes.

We list availability information for products sold by us on the website including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability.  As we process your order, we will inform you by e-mail as soon as possible if any products you order turn out to be unavailable and you will not be charged for those products.

Please note that unless otherwise stated on the website, delivery estimates are just that. They are not guaranteed delivery times and should not be relied upon as such.

 Despite our best efforts, a small number of the items in our catalogue may be mispriced. We will verify pricing when processing your order and before we take payment.  If we have made a mistake and a product's correct price is higher than the price on the website, we may either contact you before shipping to request whether you want to buy the product at the correct price or cancel your order. If a product's correct price is lower than our stated price, we will charge the lower amount and send you the product.


3.2 PAYMENT

3.2.1 isYOURteacher Credits. You can pay for select Paid-For Products and downloads using isYOURteacher Credit. You can purchase isYOURteacher Credits using any payment method made available to you by isYOURteacher from time to time. The isYOURteacher Credits that you purchase will be credited to your User Account at the time of purchase (or if you are using a isYOURteacher Credits voucher, at the time you redeem that voucher).

3.2.2Inactive isYOURteacher Credits. If you do not use your isYOURteacher Credits at the very first download, isYOURteacher will place your isYOURteacher Credits on inactive status. You can use those isYOURteacher Credits at anytime in the future, there is no date of expiry.

3.2.3 Other payment methods.isYOURteacher does not guarantee that you will be able to use your Skype Credit balance to purchase all Products. Where isYOURteacher Credits cannot be used to pay for a Product, isYOURteacher will make another payment method available to you. isYOURteacher reserves the right to remove or amend the available payment methods at its sole discretion.

3.2.4 Recharge. Your isYOURteacher Credits balance will be recharged whenever you decide to. It could be recharged with the same amount or not, and by the same payment method chosen when you first sign up or not. The amount paid in cash is converted into isYOURteacher credits. It allows you to download a larger number of courses from a purchase of fifty dollars (50$). For example, if you purchase fifty dollars (50$) isYOURteacher Credits with your credit card or PayPal, the recharge amount charged to your credit card will also be fifty dollars (50$), but you will get a higher number of isYOURteacher Credits: 55 credits instead of 50 credits. It is also possible to download only one content (one unit). For example, if you are interested in only one content whose price is five dollars (5$), you have the opportunity to do so using any payment method made available to you by isYOURteacher from time to time.

3.2.5 When you Close Your Account. The term of this Agreement is for a period of time when you successfully register for a isYOURteacher account until this Agreement is terminated for whatever reason. You may close your Account and terminate this Agreement at any time by logging in to your Account, clicking on the “Profile” tab, clicking on the “Close Account” link, and then following the instructions. Upon Account closure, we will cancel any pending credits and you will lose any Balances associated with your account. You must use your Balance not later than the time you close your Account and terminate this Agreement.



4. Email and password


4.1 ELECTRONIC COMMUNICATIONS

When you use any isYOURteacher Service or send emails to us, you are communicating with us electronically.  We will communicate with you by e-mail or by posting notices on the website or through the other isYOURteacher Services.  For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.


4.2 ACCOUNTS, PASSWORDS AND SECURITY

Certain features or services offered on or through the Site may require you to open an account (including setting up an isYOURteacherID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Les Productions Xarda Inc. immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Les Productions Xarda Inc. or any other user of or visitor to the Site due to someone else using your isYOURteacher ID, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s isYOURteacher ID, password or account at any time without the express permission and consent of the holder of that isYOURteacher ID, password or account. Les Productions Xarda Inc. cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password.  You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided.  You can access and update much of the information you have provided us with, including your account settings, in the « Your Account » area of the website.

You must not use any isYOURteacher Service: (i) in any way that causes, or is likely to cause, any isYOURteacher Service, or any access to it to be interrupted, damaged or impaired in any way, or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or (iii) to cause annoyance, inconvenience or anxiety.

We reserve the right to refuse service, terminate accounts or remove or edit content if you are in breach of applicable laws, these Conditions of Use or any other applicable terms and conditions, guidelines or policies.

 

 

5. ADDITIONAL isYOURteacher SOFTWARE AND APPLICATION TERMS


5.1 USE OF THE isYOURteacher SOFTWARE AND APPLICATION

You may use isYOURteacher Software solely for purposes of enabling you to use and enjoy the isYOURteacher Services as provided by Les Productions Xarda Inc., and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the isYOURteacher Software and Application into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the isYOURteacher Software and Application or otherwise assign any rights to the Amazon Software in whole or in part. You may not use the isYOURteacher Software or Application for any illegal purpose.  We may cease providing any isYOURteacher Software or Application and we may terminate your right to use any isYOURteacher Software at any time.  Your rights to use the isYOURteacher Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain isYOURteacher Software or Application that are specifically identified in related documentation may apply to that isYOURteacher Software (or software incorporated with the isYOURteacher Software or Application) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any isYOURteacher Service is the property of Les Productions Xarda Inc. or its software suppliers and protected by Canadian and international copyright laws.

 

5.2 VIOLATION OF THESE TERMS OF USE

Les Productions Xarda Inc. may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Les Productions Xarda Inc.’s rights or property, or the rights or property of visitors to or users of the Site, including isYOURteacher’s customers. Les Productions Xarda Inc. reserve the right at all times to disclose any information that Les Productions Xarda Inc. deems necessary to comply with any applicable law, regulation, legal process or governmental request. Les Productions Xarda Inc. also may disclose your information when Les Productions Xarda Inc. determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Les Productions Xarda Inc. may preserve any transmittal or communication by you with Les Productions Xarda Inc. through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Les Productions Xarda Inc. determine that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Les Productions Xarda Inc., its employees, users of or visitors to the Site, and the public.

You agree that Les Productions Xarda Inc. may, in their sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Les Productions Xarda Inc., for which monetary damages would be inadequate, and you consent to Les Productions Xarda Inc. obtaining any injunctive or equitable relief that Les Productions Xarda Inc. deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Les Productions Xarda Inc. may have at law or in equity.

You agree that Les Productions Xarda Inc. may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Les Productions Xarda Inc. do take any legal action against you as a result of your violation of these Terms of Use, Les Productions Xarda Inc. will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Les Productions Xarda Inc. You agree that Les Productions Xarda Inc. will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.



6. Copyright and ownership of content posted on isYOURteacher


Reviews, Comments, Communications, and Other Content

Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, religious views, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Les Productions Xarda Inc. reserve the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Les Productions Xarda Inc. and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicencable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Les Productions Xarda Inc. and its affiliates and sublicencees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Les Productions Xarda Inc. or its affiliates for all claims resulting from content you supply. Les Productions Xarda Inc. have the right but not the obligation to monitor and edit or remove any activity or content. Les Productions Xarda Inc. take no responsibility and assumes no liability for any content posted by you or any third party. 

You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material.  To the extent permitted by law, you agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.  You agree to perform all further acts necessary to perfect any of the above rights granted by you to Les Productions Xarda Inc. including the execution of deeds and documents, at our request.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is posted: (i) the content and material is accurate; and (ii) use of the content and material you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory).  You agree to indemnify Les Productions Xarda Inc. for all claims brought by a third party against Les Productions Xarda Inc. arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to properly remove the content when it is notified of the illegal nature of the content arising out of or on the grounds of, or originating from the content that you have communicated to us.

All comments that you send to the Site will be considered non-confidential. Les Productions Xarda Inc. shall be free to use such information without limitation.



7. Content / forbidden activity


7.1 YOUR USE OF THE SITE

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Les Productions Xarda Inc. reserve the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any isYOURteacher server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of isYOURteacher, including any isYOURteacher account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or isYOURteacher’s systems or networks, or any systems or networks connected to the Site or to Les Productions Xarda Inc.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to isYOURteacher on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Les Productions Xarda Inc. or others.


7.2 MISCELLANEOUS

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation Québec and Canada export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Les Productions Xarda Inc. with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Les Productions Xarda Inc. with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Les Productions Xarda Inc., Les Productions Xarda Inc. will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Les Productions Xarda Inc.’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Les Productions Xarda Inc. of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Les Productions Xarda Inc. and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

 

8. INTELLECTUAL PROPERTY, COPYRIGHT, AND PROTECTION OF DATABASES


8.1 CONTENT

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Les Productions Xarda Inc., and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Les Productions Xarda Inc.’s express prior written consent.

You may use information on isYOURteacher.com products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by isYOURteacher.com for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.


8.2 CLAIMS OF INTELLECTUAL PROPERTY AND NOTICE AND PROCEDURE FOR MAKING CLAIMS OF RIGHT INFRINGEMENTS


Copyright Complaints

Les Productions Xarda Inc. and their affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please send a message to hello@isyourteacher.com or a letter to Les Productions Xarda Inc. 1500 Av. Atwater, CP 56128 ALEXIS NIHON, Montréal (Québec), H3Z3G3, Canada. We respond expeditiously to rights owners and their agents who communicate concerns about any alleged infringement.

Upon receipt of a Notice Form we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. Furthermore, in submitting a message to Les Productions Xarda Inc., you grant to Les Productions Xarda Inc. the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. You agree to indemnify Les Productions Xarda Inc. for all claims brought by a third party against Les Productions Xarda Inc. arising out of or in connection with the submission of a this notice.



8.3 IMPORTANT WARNING

Giving false, misleading or inaccurate information in the Notice Form to Les Productions Xarda Inc. may result in civil and/or criminal liability. You should contact a legal advisor should you have any questions.



9. Conflicts between members


You are solely responsible for your interactions with other Jango.com Members. Jango.com reserves the right, but has no obligation, to monitor disputes between you and other Members.



10. Disclaimers

LES PRODUCTIONS XARDA INC. DO NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. LES PRODUCTIONS XARDA INC. CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. LES PRODUCTIONS XARDA INC. DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LES PRODUCTIONS XARDA INC. DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY ISYOURTEACHER SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST LES PRODUCTIONS XARDA INC. FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Les Productions Xarda Inc. reserve the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

 

11. Limitation of Liability


Except where prohibited by law, in no event will Les Productions Xarda Inc. be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Les Productions Xarda Inc. have been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Les Productions Xarda Inc. are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Les Productions Xarda Inc.’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Les Productions Xarda Inc. (but not including the purchase price for any hardware or merchandising), or (2) CAD$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.



12. GENERAL TERMS OF SALE


These Conditions of Sale govern the sale of products by Les Productions Xarda Inc. to you. isYOURteacher is a trading name of Les Productions Xarda Inc. We offer a wide range of isYOURteacher Services, and sometimes additional terms may apply. When you use an isYOURteacher Service (for example Your Profile, Gift Cards or isYOURteacher applications for computer, mobile or tablet), you will also be subject to the terms, guidelines and conditions applicable to that Amazon Service ("Service Terms"). 

Please read these conditions carefully before placing an order with Les Productions Xarda Inc. By placing an order with Les Productions Xarda Inc., you signify your agreement to be bound by these conditions.


12.1 CONTRAT

When you place an order to purchase a product from isYOURteacher, we will send you an e-mail confirming receipt of your order and containing the details of your order. You then download the application and its content and we inform you sending your content and / or articles and products. You can cancel your order for a product at no cost any time before we send the Dispatch Confirmation E-mail relating to that product.

 

12.2 DELIVERY AND DOWNLOADING PREVIOUS PURCHASES

When you first acquire isYOURteacher Products, you may elect to receive copies of such isYOURteacher Content on additional compatible isYOURteacher authorized computers with compatible software by associating such devices and computers subject to the association hereby rules (each, an “Associated Device”). For each Associated Device, you may specify which type of isYOURteacher Content, if any, may be downloaded to it. On an Associated Device, the isYOURteacher Content will download to that Associated Device when it has an Internet connection; isYOURteacher Delivery Content will appear in the download queue and you may manually initiate the download within isYOURteacher website.

You may download certain of such previously-purchased isYOURteacher Content onto any Associated Device. Some isYOURteacher Content that you previously purchased may not be available for subsequent download at any given time, and Les Productions Xarda Inc. shall have no liability to you in such event. As you may not be able to subsequently download certain previously-purchased isYOURteacher Content, once you download an item of isYOURteacher Content, it is your responsibility not to lose, destroy, or damage it, and you may want to back it up.

Association of Associated Devices is subject to the following terms:

(i) You may download previously-purchased isYOURteacher Content from an Account on up to 5 Associated Devices.

(ii) An Associated Device can be associated with only one Account at any given time.

(iii) You can NOT switch an Associated Device to a different Account.

(iv) You may download previously-purchased free content onto an unlimited number of devices while it is free on the isYOURteacher Service, but on no more than 5 computers.

 

12.3 PURCHASES; OTHER TERMS AND CONDITIONS

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

Les Productions Xarda Inc.'s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Les Productions Xarda Inc. may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Les Productions Xarda Inc. make no commitment to update the materials on the Site with respect to such products and services.


12.4 RETENTION RIGHTS

The delivered goods and products remain the property of Les Productions Xarda Inc. until delivery to the carrier.


12.5 RETURNS POLICY

Please note that you will be responsible for the costs of returning the items to us unless we delivered the item to you in error, or if the item is damaged or defective. If we do not receive the item back from you with the delivery slip, we may arrange for collection of the item from your residence at your cost. This must be done within 30 days.

 

12.6 OUR LIABILITY

Les Productions Xarda Inc. will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed.   

The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.

Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your right to have the products sent to you within a reasonable time. If the delay occurs before the products are dispatched, we will not charge you for the products until they are dispatched and you may cancel your order at any time prior to dispatch.

 

12.7 SHIPPING COSTS

All shipping costs of isYOURteacher products are the responsibility of the buyer and may vary from one country to another.


12.8 CUSTOMS

When ordering products from isYOURteacher for delivery outside of Canada, you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information.Additionally, please note that when ordering from isYOURteacher, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products.  Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

Also, we may provide certain order, shipment, and product information to our international carriers, and such information may be communicated by the carriers to customs authorities in order to facilitate customs clearance and comply with local laws.

If the order is a gift, the package is marked "Gift," but the cost of the item is still stated on the customs form. Customs authorities require us to state the value of the gift item directly on the package.

 

13. Governing Law ; Dispute Resolution


You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of Québec and by the laws of Canada without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the Province of Quebec and federal courtsand waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Les Productions Xarda Inc. and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.



14. Indemnity

You agree to indemnify and hold Les Productions Xarda Inc., its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Les Productions Xarda Inc. by any third party due to or arising out of or in connection with your use of the Site.

 

15. Other.

Void Where Prohibited

Les Productions Xarda Inc. administers and operates www.isyourteacher.com site from their location in Montréal (Qc), Canada whose mailing address is Les Productions Xarda Inc. 1500 Av. Atwater, CP 56128 ALEXIS NIHON, Montréal (Québec), H3Z3G3, Canada. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the Canada. Les Productions Xarda Inc. reserve the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the Canada, you do so on your own initiative and you are solely responsible for complying with applicable local laws.



16. Privacy Policy


Our Companywide Commitment to Your Privacy

To make sure your personal information is secure, we communicate our privacy and security guidelines to isYOURteacher employees and strictly enforce privacy safeguards within the company.


16.1 YOUR PRIVACY

Your privacy is important to isYOURteacher. So we've developed a Privacy Policy that covers how we collect, use, disclose, transfer, and store your information. Please take a moment to familiarize yourself with our privacy practices and let us know if you have any questions.

 

16.2 CONFIDENTIALITY COMMITMENT

Commitment isYOURteacher Privacy applies to the use of this Site, and its terms are incorporated into these Terms of Use and sale. In addition, by using this Site, you acknowledge and agree that Internet transmissions are never completely secure and confidential. You understand that any message or information you send to the Site may be read or intercepted by others, even if a special notice that a particular transmission (credit card information, etc.) is encrypted.


16.3 COLLECTION AND USE OF PERSONAL INFORMATION

Personal information is data that can be used to uniquely identify or contact a single person.

You may be asked to provide your personal information anytime you are in contact with isYOURteacher. Les Productions Xarda Inc. and its affiliates may share this personal information with each other and use it consistent with this Privacy Policy. They may also combine it with other information to provide and improve our products, services, content, and advertising.

Here are some examples of the types of personal information Les Productions Xarda Inc. may collect and how we may use it.


16.3.1 What personal information we collect ? :

When you create an isYOURteacher ID, register your products, purchase a product, download an update, register or participate in an online survey, we may collect a variety of information, including your name, mailing address, phone number, email address, contact preferences, and credit card information.

When you share your content with family and friends using isYOURteacher products or contents, send gift certificates and products, or invite others to join you on isYOURteacher forums, Les Productions Xarda Inc. may collect the information you provide about those people such as name, mailing address, email address, and phone number.


16.3.2 How we use your personal information? :

The personal information we collect allows us to keep you posted on isYOURteacher’s latest product announcements, last updates, and upcoming events. It also helps us to improve our services, content, and advertising. If you don’t want to be on our mailing list, you can opt out anytime by updating your preferences.

We also use personal information to help us develop, deliver, and improve our products, services, content, and advertising.

From time to time, we may use your personal information to send important notices, such as communications about purchases and changes to our terms, conditions, and policies. Because this information is important to your interaction with isYOURteacher, you may not opt out of receiving these communications.

We may also use personal information for internal purposes such as auditing, data analysis, and research to improve isYOURteacher’s products, services, and customer communications.

If you enter into a sweepstake, contest, or similar promotion we may use the information you provide to administer those programs.


16.3.3 Collection and Use of Non-Personal Information

We also collect non-personal information − data in a form that does not permit direct association with any specific individual. We may collect, use, transfer, and disclose non-personal information for any purpose. The following are some examples of non-personal information that we collect and how we may use it :

We may collect information such as occupation, language, zip code, area code, unique device identifier, location, and the time zone where an isYOURteacher product is used so that we can better understand customer behavior and improve our products, services, and advertising.

We also may collect information regarding customer activities on our website and from our other products and services. This information is aggregated and used to help us provide more useful information to our customers and to understand which parts of our website, products, and services are of most interest.Aggregated data is considered non-personal information for the purposes of this Privacy Policy.

If we do combine non-personal information with personal information the combined information will be treated as personal information for as long as it remains combined.


16.3.4 Cookies and Other Technologies

isYOURteacher’s website, online services, interactive applications, email messages, and advertisements may use cookies and other technologies such as pixel tags and web beacons. These technologies help us better understand user behavior, tell us which parts of our website people have visited, and facilitate and measure the effectiveness of advertisements and web searches. We treat information collected by cookies and other technologies as non-personal information. However, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered personal information by local law, we also treat these identifiers as personal information. Similarly, to the extent that non-personal information is combined with personal information, we treat the combined information as personal information for the purposes of this Privacy Policy.

Les Productions Xarda Inc. use cookies and other technologies to remember personal information when you use our website, online services, and applications. Our goal in these cases is to make your experience with isYOURteacher more convenient and personal. For example, knowing your first name lets us welcome you the next time you visit the isYOURteacher Store. Knowing your country and language helps us provide a customized and more useful shopping experience. Knowing someone using your computer or device has shopped for a certain product or used a particular service helps us make our advertising and email communications more relevant to your interests. And knowing your contact information, product serial numbers, and information about your computer or device helps us register your products, personalize your operating system and provide you with better customer service.

If you want to disable cookies, check with your provider to find out how to disable cookies. Please note that certain features of the isYOURteacher website will not be available once cookies are disabled.

As is true of most websites, we gather some information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring and exit pages, operating system, date/time stamp, and clickstream data.

We use this information to understand and analyze trends, to administer the site, to learn about user behavior on the site, and to gather demographic information about our user base as a whole. Les Productions Xarda Inc. may use this information in our marketing and advertising services.

In some of our email messages, we use a “click-through URL” linked to content on the isYOURteacher website. When customers click one of these URLs, they pass through a separate web server before arriving at the destination page on our website. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked in this way, you should not click text or graphic links in the email messages.

Pixel tags enable us to send email messages in a format customers can read, and they tell us whether mail has been opened. We may use this information to reduce or eliminate messages sent to customers. 


16.3.5 Disclosure to Third Parties

At times Les Productions Xarda Inc. may make certain personal information available to strategic partners that work with Les Productions Xarda Inc. pour la fourniture de produits et services ou aidant Les Productions Xarda Inc. to provide products and services, or that help Les Productions Xarda Inc. market to customers. For example, when you purchase and activate your smart phone, you authorize isYOURteacher and its carrier to exchange the information you provide during the activation process to carry out service. If you are approved for service, your account will be governed by Les Productions Xarda Inc. and its carrier’s respective privacy policies.Personal information will only be shared by Les Productions Xarda Inc. to provide or improve our products, services and advertising; it will not be shared with third parties for their marketing purposes.


16.3.6 Services Provider

Les Productions Xarda Inc. share personal information with companies who provide services such as information processing, extending credit, fulfilling customer orders, delivering products to you, managing and enhancing customer data, providing customer service, assessing your interest in our products and services, and conducting customer research or satisfaction surveys. These companies are obligated to protect your information and may be located wherever Les Productions Xarda Inc. operates.


16.3.7 Others

It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence − for Les Productions Xarda Inc. to disclose your personal information. We may also disclose information about you if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate.

We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users. Additionally, in the event of a reorganization, merger, or sale we may transfer any and all personal information we collect to the relevant third party.


16.3.8 Protection of Personal Information

Les Productions Xarda Inc. take precautions — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction.

isYOURteacher online services use Secure Sockets Layer (SSL) encryption on all web pages where personal information is collected. To make purchases from these services, you must use an SSL-enabled browser such as Safari, Firefox, or Internet Explorer. Doing so protects the confidentiality of your personal information while it’s transmitted over the Internet.

When you use some isYOURteacher products, services, or applications or post on an isYOURteacher forum, chat room, or social networking service, the personal information you share is visible to other users and can be read, collected, or used by them. You are responsible for the personal information you choose to submit in these instances. For example, if you list your name and email address in a forum posting, that information is public. Please take care when using these features.


16.3.9 Integrity and Retention of Personal Information

Les Productions Xarda Inc. make it easy for you to keep your personal information accurate, complete, and up to date. We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.


16.3.10 Access to Personal Information

You can help ensure that your contact information and preferences are accurate, complete, and up to date by logging in to your account. For other personal information, we make good faith efforts to provide you with access so you can request that we correct the data if it is inaccurate or delete the data if Les Productions Xarda Inc. are not required to retain it by law or for legitimate business purposes. We may decline to process requests that are unreasonably repetitive, require disproportionate technical effort, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law. Access, correction, or deletion requests can be made at : hello@isyourteacher.com, or Les Productions Xarda Inc. 1500 Av. Atwater, CP 56128 ALEXIS NIHON, Montréal (Québec), H3Z3G3, Canada


16.3.11 Location-Based Services

To provide location-based services on isYOURteacher products, Les Productions Xarda Inc. and our partners and licensees may collect, use, and share precise location data, including the real-time geographic location of your computer or tablet or smart phone. This location data is collected anonymously in a form that does not personally identify you and is used by Les Productions Xarda Inc. and our partners and licensees to provide and improve location-based products and services. For example, we may share geographic location with application providers when you opt in to their location services.

Some location-based services offered by isYOURteacher, tels que la fonctionnalité “Find My iPhone”, require your personal information for the feature to work.


16.3.12 Third-Party Sites and Services

isYOURteacher websites, products, applications, and services may contain links to third-party websites, products, and services. Our products and services may also use or offer products or services from third parties. Information collected by third parties, which may include such things as location data or contact details, is governed by their privacy practices. We encourage you to learn about the privacy practices of those third parties.

Ces Sites liés sont indiqués uniquement à titre de commodité pour nos visiteurs. Ces Sites liés ne sont pas sous le contrôle de Les Productions Xarda Inc., et Les Productions Xarda Inc. ne sont pas responsables et n'avalisent pas le contenu de ces Sites liés, y compris des informations qui y sont publiées. Vous devrez vous faire votre propre jugement concernant vos interactions avec ces Sites liés.


16.3.13 International Users

Information you provide may be transferred or accessed by entities around the world as described in this Privacy Policy.


16.3.14 Privacy Questions

If you have any questions or concerns about isYOURteacher’s Privacy Policy or data processing, please send an email to hello@isyourteacher.com, or a letter to Les Productions Xarda Inc. 1500 Av. Atwater, CP 56128 ALEXIS NIHON, Montréal (Québec), H3Z3G3, Canada

IsYOURteacher may update its Privacy Policy from time to time without notice.

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isYOURteacher.com™ is a trade mark by Les Productions Xarda Inc. The information contained on this website are subject to change without notice.

Copyright © 2011-2017 Les Productions Xarda Inc. All rights reserved.


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