Terms & Conditions
This agreement is in effect as of January, 2016.
Your continued use of your Contractual Agreement with your Board/School of RK Publishing Educational Materials on line, will constitute acknowledgment and agreement of the terms and conditions below.
Responsible Use and Conduct
By accessing the On parle! on line, we provide for you, either directly or indirectly (hereafter referred to as ’Resources’), you agree to use these “Resources” only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
- In order to access our “Resources”, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the “Resources”. You agree that any information you provide will always be accurate, correct, and up to date.
- You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our “Resources”. Accordingly, you are responsible for all activities that occur under your account/s.
- Accessing (or attempting to access) any of our “Resources” by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our “Resources” through any automated, unethical or unconventional means.
- Engaging in any activity that disrupts or interferes with our “Resources”, including the servers and/or networks to which our “Resources” are located or connected, is strictly prohibited.
- Attempting to copy, duplicate, reproduce, sell, trade, or resell our “Resources” is strictly prohibited.
- The use of our “Resources” is strictly confined to French Teachers teaching in Canada according to your contractual agreement with your Board/School. Any Teachers teaching at other Schools/Boards during this period and after this period do NOT have permission to access these resources.
- None of these “Resources” are allowed to be posted on the Internet or any other network. The “Resources” may be shared by the Teachers presently employed to teach at your School. In addition, these “Resources” may only be used when teaching French as a Second Language to your Students.
- The “Resources” may not be placed on administrative web sites.
- Canadian Schools and School Districts/Boards are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by its employees, as explained above, and may incur criminal or civil liability.
- By posting information or otherwise using any open communication tools when using the “Resources”, you agree that you will not upload, post, share, or otherwise distribute any content that:
- Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
- Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
- Contains any type of unauthorized or unsolicited advertising;
- Impersonates any person or entity, including any www.rkpublishing.com employees or representatives.
- We do not assume any liability for any content posted by you or any other 3rd party users associated with our “Resources”.
- You agree to indemnify and hold harmless RK Publishing Inc and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such an event, you shall provide us with such cooperation as is reasonably requested by us.
Limitation of Warranties
By using our “Resources”, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
- The use of our “Resources” will meet your needs or requirements.
- The use of our “Resources” will be uninterrupted, timely, secure or free from errors.
- The information obtained by using our “Resources” will be accurate or reliable, and
- Any defects in the operation or functionality of any “Resources” we provide on line will be repaired or corrected.Furthermore, you understand and agree that:
- Any content downloaded or otherwise obtained through the use of our “Resources” is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
- No information or advice, whether expressed, implied, oral or written, obtained by you from RK Publishing Incor through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. RK Publishing Inc will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
All content and materials available in the streaming of our : “Resources”, including but not limited to text, graphics, animation, code, images and logos are the intellectual property of RK Publishing Inc, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by RK Publishing Inc.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our “Resources” with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
The On line process is controlled by RK Publishing Inc from our offices located in the province of Ontario, Canada. It can be accessed by most countries around the world. As each country has laws that may differ from those of Ontario, by accessing our “Resources”, you agree that the statutes and laws of Ontario, will apply to all matters relating to the use of these “Resources”.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in Canada, Ontario. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
UNLESS OTHERWISE EXPRESSED, RK Publishing Inc DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
RK Publishing Inc
3089 Bathurst Street
Toronto, ON M6A 2A4