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Legal Information

Terms of Service for Schools' and Organizations' Individual Users

Last updated on July 2nd, 2020.

1. General

Ilini operates a platform which allows you language learners to improve their language skills by watching foreign language videos using our website located at www.ilini.com (the “Service”).

The Service is provided by Ilini SARL (“we”, “our, or “us”), a limited liability company incorporated and registered in Lyon, France under company number 830.579.256. Our address is 18-20 rue Tronchet, 69006 Lyon, France. Our VAT number is FR34830579256.

This document and any documents referred to within it including our Privacy Policy (collectively, the “Terms of Service”) establish the terms of your relationship with us. It is important that you read and understand the Terms of Service before using the Service. If there is anything within them that you do not understand, then please contact us at support@ilini.com.

By setting up an account with us or using and accessing the Service you agree to these Terms of Service. If you do not agree to these Terms of Service, please do not browse or otherwise access or use the Service.

2. Access to the Service

To access our Service, you must create an account with an email and password (your “Account”). We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account.

You can use our Service if:
- you are 13 years or older and capable in your country of residence of entering into a legal binding agreement to use our Service, or
- you are using the Service through your school or other educational organization you are linked to, which has entered into an agreement to use Ilini to provide services to you.

You may connect to our Service with a third-party service such as Facebook or Google. You give us permission to access and use your information from that service as permitted by that service and as set out in our Privacy Policy. If you do connect to Ilini through a third-party service, your use of the third-party service is subject to the terms of that service.

You are responsible for maintaining the confidentiality of your login details and any activities that occur under your Account. If you have any concerns that your Account may have been misused, you should contact us at support@ilini.com immediately to let us know.

3. Your right to use the Service

The materials and content comprising the Service (excluding User Content and third-party content such as Youtube videos) belongs to us and we give you permission to use these materials and content for the sole purpose of using the Service in accordance with these Terms of Service.

Your school or other educational organisation or person that you are linked with (your “School”) has purchased a licence for you to use the Service. Your right to use the Service is personal to you and you are not allowed to give this right to another person or to sell, gift or transfer your Account to another person. Your right to use the Service does not stop us from giving other people the right to use the Service.

Other than as allowed in these Terms of Service you are not given a right to use the “Ilini” name, or any of the “Ilini” trademarks, logos, domain names and other distinctive brand features.

Unless allowed by these Terms of Service and as permitted by the functionality of the Service, you agree:

  • (a) not to copy our Website or any portion of the Service;
  • (b) not to give or sell or otherwise make available our Website or any portion of the Service to anybody else;
  • (c) not to change our Website or any portion of the Service in any way;
  • (d) not to look for or access the code of our Website or any portion of the Service that we have not expressly published publicly for general use.

You agree that all confidential information, copyright and other intellectual property rights in our Website or any portion of the Service belong to us or the people who have licenced us to use those rights.

You agree that you have no rights in or to our Website or any portion of the Service other than the right to use them in accordance with these Terms of Service.

4. Your content

You confirm that texts or information that you make available or create (“User Content”) whilst using the Service will meet the "Prohibited Use" clause.

We do not claim ownership in your User Content. Instead, you grant us a worldwide, non- exclusive, royalty-free and perpetual licence to use, copy, reproduce, distribute, adapt, re- format, modify, publish, translate, licence, sub-licence, and exploit the User Content anywhere and in any form for the purposes of providing our Service (including allowing our users to view your User Content).

Our right to use your User Content does not in any way affect your privacy rights and we will only use information that identifies you as set out in our Privacy Policy.

We do not check or moderate any User Content before it is added to the Service by users. We may later check, moderate, reject, refuse or delete any User Content if anybody objects to it, or we think that it breaks any of the rules on Prohibited Use.

5. Prohibited Use

You may use our Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

    1. In any way that violates any applicable national or international law or regulation.
    2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
    3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
    4. To impersonate or attempt to impersonate Ilini, an Ilini employee, another user, or any other person or entity.
    5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
    6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm or offend Ilini or users of the Service or expose them to liability. 

Additionally, you agree not to:

    1. Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service.
    2. Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on the Service.
    3. Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent.
    4. Use any device, software, or routine that interferes with the proper working of Service.
    5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
    6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to Service.
    7. Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
    8. Take any action that may damage or falsify Ilini’s rating.
    9. Otherwise attempt to interfere with the proper working of the Service.
    10. Permit another person to use the Service under your name or on your behalf unless you are a business and such person is authorised by you;
    11. Use the Service if we have suspended or banned you from using it;

Failure to comply with Rules of Acceptable Use constitutes a serious breach of these Terms of Service, and may result in our taking all or any of the following actions (with or without notice):

  • (a) immediate, temporary or permanent withdrawal of your right to use our Service;
  • (b) immediate, temporary or permanent removal of any User Content;
  • (c) issuing of a warning to you;
  • (d) legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  • (e) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

The responses described above are not limited, and we may take any other action we reasonably deem appropriate.

6. Notice and Takedown Policy

Any person may contact us by sending us an “Infringement Notice” if that person considers that the Service infringes their rights or fails to comply with clause 5 (“Prohibited Use”). The Infringement Notice should be sent either by post to Ilini SARL, 18-20 rue Tronchet, 69006 Lyon, France, or by email to support@ilini.com. Please provide the information described below in the Infringement Notice:

  • a. your name and contact details;
  • b. a statement explaining in sufficient detail why you consider that the Service infringes your rights or fails to comply with our clause 5 (“Prohibited Use”); and
  • c. a link to or such other means of identifying the problematic content or feature.

We will take the action that we believe is appropriate depending on the nature of the Infringement Notice and will aim respond to you within a reasonable period of time on the action we propose to take.

7. Termination

Your right to use the Service is based on the licence purchased for you by your school or other educational organisation that you are linked to. If the terms of service that your school or other educational organisation that you are linked to has agreed with us terminate for any reason, for example, because your school or other educational organisation that you are linked to chooses not to purchase a licence for you any longer or because you stop attending the school or other educational organisation that you are linked to, your right to use the Service will end. If this happens, you may be able to sign up to Ilini’s Individual service and keep your User Content. You will be asked to sign up to the Ilini Individual terms of service, which are available at ilini.com/en/terms. We will send you an email with instructions on how to do this.

We may immediately end your use of the Service if you break the "Prohibited Use" clause, any other important rule(s), or terms and conditions we set for accessing and using the Service including these Terms of Service.

We may also withdraw the Service as long as we give you reasonable notice that we plan to do this so that you have a reasonable period of time to download any of your User Content.

If at any time you do not feel that you can agree to these Terms of Service or any changes made to the Terms of Service or the Service, you must immediately stop using the Service.

If you wish to end your use of the Service, please contact us at support@ilini.com and request that we deactivate your account and delete your data and any User Content you have created.

If you or we end your use of the Service or we withdraw the Service as described in this section, we may delete or modify your User Content, account or any other information we hold about you. You will also lose any rights you have to use the Service or access our content or your User Content. We will not offer you compensation for any losses.

8. Our liability/responsibility to you

We have committed with your School that we will use commercially reasonable endeavours to make the Service available with an uptime rate of 99%, except for:

  • (a) Planned maintenance for which 24 hours’ notice will be given; or
  • (b) Unscheduled maintenance during normal business hours (France time) or otherwise, for which Ilini will use reasonable endeavours to give you advance notice.

To the extent permitted by the law, we do not accept any responsibility whatsoever for any claims arising out of the provision of the Service.

In every case, we will never be responsible for any loss or damage that is not reasonably foreseeable.

9. Resolving disputes

If you have a dispute with us relating to the Service, in the first instance please contact us at support@ilini.com and attempt to resolve the dispute with us informally.

In the unlikely event that we have not been able to resolve a dispute informally, we will discuss and agree with you the most effective way of resolving our dispute.

10. Changes to the Service

We are constantly updating and improving the Service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and our Service.

In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Service, or feature relating to the Service (“changes to the Service”). These changes to the Service may affect your past activities on the Service, features that you use and your User Content (“Service elements”). Any changes to the Service could involve your Service elements being deleted or reset.

You agree that a key characteristic of our Service is that changes to the Service will take place over time and this is an important basis on which we grant you access to the Service. Once we have made changes to the Service, your continued use of the Service will show that you have accepted any changes to the Service. You are always free to stop using the Service.

We will try, where possible and reasonable, to contact you to let you know about any significant changes to the Service.

11. Changes to the documents

We may revise these Terms of Service from time to time but the most current version will always be at www.ilini.com/en/terms.

Changes will usually occur because of new features being added to the Service, changes in the law or where we need to clarify our position on something.

We will try, where possible and reasonable, to contact you to let you know about any significant changes to any of the documents referred to in these Terms of Service. We may contact you through the Service (for example by asking you to accept the changes before you continue to use the Service) or via a separate email.

Normally, we will try to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens we will not give you any notice.

12. Documents that apply to our relationship with you

The current version of the Terms of Service contains the only terms and conditions that apply to our relationship with you. Older versions of the Terms of Service will no longer apply to our relationship and will be completely replaced by the current version.

We intend to rely on these Terms of Service as setting out the written terms of our agreement with you for the provision of the Service. If part of the Terms of Service cannot be enforced then the remainder of the Terms of Service will still apply to our relationship.

If you do not comply with these Terms of Service and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.

13. Governing Law

As we are based in France, French law will apply to all disputes and the interpretation of these Terms of Service. The French courts will have non-exclusive jurisdiction over any dispute arising from or related to your use of the Service.

14. Contact, feedback and complaints

If you need to contact us in relation to these Terms of Service or any other document mentioned in them, please email us at support@ilini.com

We value hearing from our users, and are always interested in learning about ways we can improve the Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.

 

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