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As of June 30, 2018, live e-Tutoring has been discontinued. Please click here for more information.

Registration Agreement

The policies below are policies applicable to registered users (sometimes referred to as you or as “Users”) of the www.livinglanguage.com website (however accessed and/or used), whether via personal computers, mobile devices or otherwise, and whether via paid subscription or via library loan, and other interactive features, applications or downloads that are operated by us that are available through this website ("Web Site"). These policies govern your registration ("Registration") and are in addition to the policies described on the Privacy Policy and Terms of Use on the Web Site. In the event that there is any conflict between the policies described below and any policies contained in the Privacy Policy or Terms of Use, the policies in this registration agreement will control.

BY CLICKING "I ACCEPT", YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THIS REGISTRATION AGREEMENT. IF YOU DO NOT AGREE TO THESE PRACTICES, PLEASE DO NOT REGISTER TO USE THE WEB SITE AND THE SERVICES. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS OF USE FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR WEB SITE AND ANY AFFILIATE WEB SITES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO OUR TERMS OF USE WILL APPLY RETROACTIVELY.

1. Account Registration and Security. In consideration of your use of your Registration, you will: (a) provide true, accurate, current and complete information about yourself and your business as prompted by the Web Site's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Living Language has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Living Language has the right to suspend or terminate your account and refuse any and all current or future use of the Web Site (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Registration and Web Site. We have the right to provide user billing, account, content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able to access your account so you should take reasonable steps to protect this information.

2. Email and Classroom Sessions of the eTutoring Service. NOTE: eTutoring is only available to paid Web Site subscribers, and is not available to Users of the Web Site via library loan. Accordingly, for the avoidance of doubt, all terms in this Registration Agreement (including those in this Section 2) pertaining to eTutoring services are applicable only to paid subscribers using the eTutoring services. You acknowledge that your Registration includes the right, for the applicable additional payment specified on the Web Site therefore, to participate in the eTutoring Service, which allows you to interact back and forth with a tutor and other students. Please keep in mind that whenever you voluntarily disclose personal information online, that information can be collected and used by others. By posting personal information online or disclosing such information in tutoring sessions with others when using the Web Site, that information can be seen, collected and used by others besides us. Living Language cannot be responsible for any unauthorized third party use of such publicly accessible information. Tutoring sessions require audio only; you will see the tutor, but your camera will be off for the duration of the session. If you turn your camera on during the session, the tutor will be asked to turn it off. However, due to the nature of instruction, American Sign Language sessions will require the camera be on for both participant and instructor throughout the session. These sessions are private and your image will not be shown to other students. Further, you understand that Living Language may record live sessions of the eTutoring Service for quality control and to ensure that the "rules of the road" are being followed. By registering for these sessions, you consent to Living Language's recording of those sessions for those purposes.

3. Minor Children's Use of the eTutoring Service. At this time, the eTutoring Service is not available for children under 18 years old. We do not knowingly collect personal information from children under the age of eighteen (18) for the eTutoring Service without written parental consent. If we become aware that we have inadvertently received personally identifiable information from a user under the minimum age, we will use that information only to respond directly to that child to inform him or her that the eTutoring Service is not intended for children under the minimum age and we will delete that information from our records. Because we do not collect any personally identifiable information from children under the age of eighteen (18), we also do not knowingly distribute such information to third parties. We do not knowingly allow children under the age of eighteen (18) to publicly post or otherwise distribute personally identifiable contact information through the Web Site.

4. Confidential Information. You agree to treat any communication or information you receive from Living Languages that is directed to registered Users as confidential (“Confidential Information”) and refrain from sharing it with any third parties, including other Users and Living Language competitors but not including other registered Users of your eTutoring or other Living Language Service.

5. Additional Uses of Your Personal Information. In addition to those collection policies described in the Privacy Policy, we may collect information that you voluntarily provide in conjunction with your use of your Registration. In addition to those uses described in the Privacy Policy, we may use your personal information to tailor your Registration and your corresponding learning experience, including without limitation to our eTutoring Service instructors, to tailor their instructional materials and interactions with you, to communicate with you about our programs and services, to solicit information from you via the Web Site's performance, your Registration, and to enforce this Registration Agreement and our other policies. We also may display your user name to other community members of the Web Site during the eTutoring Service sessions or other community elements of your Registration. We also may disclose your personal information to (a) Third-party vendors who provide services or functions on our behalf, including hosting the eTutoring Service sessions. These companies have limited access to personal information as needed to perform their functions and are not permitted to share or use the information for any other purpose; (b) when advisable or necessary to conform to legal and regulatory requirements; (c) as necessary, as determined by Living Language in Living Language's sole discretion, to protect the perceived rights, safety and property of Living Language, the Web Site's hosts and carriers, users of the Web Site, and the public; and (d) as necessary for resolving disputes, collecting fees, and troubleshooting problems.

6. Accuracy of Information. We attempt to ensure that information on this Web Site and provided as part of your Registration is complete, accurate and current. Despite our efforts, the information on this Web Site and in your Registration may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on this Web Site or provided as part of your Registration. ALL ETUTORS AND THE MATERIALS PROVIDED AS PART OF ANY ETUTORING SERVICES AND ANY OTHER EDUCATIONAL MATERIALS ARE PROVIDED “AS IS”. YOUR INTERACTION WITH ETUTORS AND THE USE OF THE ETUTORING SERVICES AND ANY OTHER EDUCATIONAL MATERIALS PROVIDED HEREUNDER IS AT YOUR SOLE RISK.

7. User Submission Policy. Where Living Language has specifically invited or requested submissions, Living Language encourages members of the public to submit user published content or user content (e.g. postings to chatrooms, participation in communities, videos, eTutoring sessions, etc.) to Living Language that they have created for consideration in connection with the Site and any related programs and broadcasts (“User Submissions”). User Submissions remains the intellectual property of the individual user. By posting content on our Web Site, you expressly grant Living Language a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. Any such User Submissions are deemed non-confidential and Living Language shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.

8. User Published Content and User Participation. All User published Content and User interaction with the Web Site and a User's Registration must comply with the "Rules of the Road". User published Content does not represent the views of Living Language or any individual associated with Living Language, and we do not control this Content. In no event shall you represent or suggest, directly or indirectly, Living Language's endorsement of user published Content. Living Language does not vouch for the accuracy or credibility of any user published Content on our Web Site, and does not take any responsibility or assume any liability for any actions you may take as a result of reading user published Content on our Web Site. Through your use of the Web Site and Registration, you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using our Web Site, you assume all associated risks.

9. Inappropriate Material. . In addition to any “Rules of the Road”, You are prohibited from posting or sending any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Such violations may subject the sender and his or her agents to civil and criminal penalties. You further understand and agree that sending unsolicited email advertisements to any user of the Web Site or the Web Site or through Voice computer systems is expressly prohibited by these Terms of Use. Any such unauthorized use of our computer systems is a violation of these Terms of Use and applicable “anti-spam” laws. You are further prohibited from:

  • reverse engineering, decompiling, disassembling or otherwise attempting to discover the source code of any software offered on the Web Site;
  • using profanity in any communications with other Users;
  • using the Web Site to find the location of any other User other than for purposes of using your Registration;
  • stalking, harassing or threatening eTutors or other Users;

In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Web Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

10. Release. Living Language is not responsible for Your interactions with other Users, including for tutoring, communicating, networking, any purchase or sale of goods, and any other interactions between You and other Users. All such interactions made using the Web Site or the Registration services should be considered public. In the event that you have a dispute with one or more other users of the Web Site, you release Living Language (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

11. Access and Interference. Library user access shall at all times be limited to the scope of the lending library’s license from us to particular courses. All Users agree not to use any robot, spider, scraper or other automated means to access the Web Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Web Site; or (iii) bypass any measures we may use to prevent or restrict access to the Web Site.

12. Fees. For all charges for any products and services sold on the Web Site, Living Language will bill your credit card or alternative payment method offered by Living Language. In the event legal action is necessary to collect on balances due, you agree to reimburse Living Language for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of this Web Site. (The foregoing Section 12 does not pertain to library loans.)

13. Force Majeure. Neither Living Language nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

14. Copyright and Ownership. All of the content featured or displayed on the Web Site or through your Registration, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations ("Content"), is owned by Living Language, its licensors, vendors, agents and/or its Content providers. All elements of the Web Site and items provided through your Registration, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Registration and the Web Site may only be used for the intended purpose for which such Web Site and Registration are being made available. Except as may be otherwise indicated in specific documents within the Web Site or offered through your Registration, you are authorized to view, play, print and download documents, audio and video found on our Web Site or through your Registration for personal, informational, and noncommercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Web Site or made available through your Registration. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Web Site or made available through your Registration. The use of any such material on any other web site or networked computer environment is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Web Site and Registration. The Web Site, its Content and all related rights shall remain the exclusive property of Living Language or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on these Web Site.

15. Trademarks. All trademarks, service marks and trade names of Living Language used herein (including but not limited to: the Living Language name, the Living Language corporate logo, the Web Site name, the Web Site design, and any logos) (collectively “Marks”) are trademarks or registered trademarks of Living Language or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Living Language trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Web Site, without Living Language's prior written consent. The use of Living Language trademarks on any other web site or network computer environment is not allowed. Living Language prohibits the use of Living Language trademarks as a "hot" link on or to any other web site unless establishment of such a link is approved in advance.

16. Representations and Warranties. You shall be solely responsible for your own User Submissions, your use of your Registration and the consequences of posting or publishing or participating in them. In connection with User Submissions, you affirm, represent and warrant the following: (i) You are over the age of 18 and have the right and authority to enter into this Agreement, and are fully able and competent to satisfy the terms, conditions and obligations therein; (ii) You have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, to grant the licenses herein; (iii) if necessary you have the written consent of each and every identifiable natural person in the User Submission to use such persons name or likeness in the manner contemplated by the Website and this Agreement, and each such person has released you from any liability that may arise in relation to such use; (iv) You have read, understood, agree with, and will abide by the terms of this agreement; (v) the User Submission and Living Language use thereof as contemplated by this Agreement and the Living Language website will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity; (vi) The User Submission does not contain: (a) material falsehoods or misrepresentations that could harm Living Language or any third party; (b) content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (c) advertisements or solicitations of business; or (d) impersonations of third parties, other than those which are readily apparent.

17. Termination. You may suspend or terminate your account or your Registration at any time, for any reason or for no reason. You will not receive any refund for any such suspension or termination. We may suspend or terminate your account or your Registration in the event that (a) you breach these Terms of Use; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us. You may deactivate Your account at any time, for any reason, by following the instructions on the Web Site. Upon any such termination, Your rights to access and use your Registration and any Registration materials shall automatically terminate. Living Language has no obligation to delete, remove, or retain Your User Submissions, and they may remain on the Web Site. In addition, even if User Submissions are deleted from active display on the Web Site, they may be recorded and saved by Living Language in its archives.

18. DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE. In operating the Web Site, we may act as a "services provider" (as defined by DMCA) and offer services as online provider of materials and links to third party web sites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Web Site. Living Language has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Website. Living Language has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of Living Language or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this Agreement. If you believe any material available via the Web Site infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is Copyright Agent.

Please provide the following notice:

  1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
  2. Identify the material on the Web Site that you claim is infringing, with enough detail so that we may locate it on the Web Site;
  3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  4. A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
  5. Your address, telephone number, and email address; and
  6. Your physical or electronic signature.

We may give notice to our users of any infringement notice by means of a general notice on any of our websites, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

19. Entire Agreement. This Registration Agreement, the Terms of Use and the Privacy Policy are the entire agreement between the user and Living Language and supersede any prior understandings or agreements (written or oral).

20. Additional Assistance. If you do not understand any of the foregoing terms and conditions or if you have any questions or comments, we invite you to contact our Customer Service Department by email at ecustomerservice@randomhouse.com.