Conditions of use

Please read these conditions carefully before using English in Levels Services. By using English in Levels Services, you signify your agreement to be bound by these conditions. We offer a wide range of English in Levels Services, and sometimes additional terms may apply. When you use a English in Levels Service (for example Your Profile, Gift Cards or English in Levels applications for mobile), you will also be subject to the terms, guidelines and conditions applicable to that English in Levels Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

1 ELECTRONIC COMMUNICATIONS

When you use any English in Levels 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 English in Levels 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.

2 COPYRIGHT, AUTHORS’ RIGHTS AND DATABASE RIGHTS

All content included in or made available through any English in Levels Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of English in Levels or its content suppliers and is protected by Czech and international copyright, authors’ rights and database right laws. The compilation of all content included in or made available through any English in Levels Service is the exclusive property of English in Levels and is protected by Czech and international copyright and database right laws.
You may not extract and/or re-utilise parts of the content of any English in Levels Service without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the content of any English in Levels Service, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any English in Levels Service (e.g. our prices and product listings) without our express written consent.

3 TRADEMARKS

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any English in Levels Service are trademarks or trade dress of English in Levels. English in Levels’s trademarks and trade dress may not be used in connection with any product or service that is not English in Levels’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits English in Levels. All other trademarks not owned by English in Levels that appear in any English in Levels Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by English in Levels.

4 LICENCE AND ACCESS

Subject to your compliance with these Conditions of Use and applicable Service Terms and your payment of any applicable fees, English in Levels or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the English in Levels Services. This licence does not include any resale or commercial use of any English in Levels Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any English in Levels Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by English in Levels or its licensors, suppliers, publishers, rights holders, or other content providers. No English in Levels Service, nor any part of any English in Levels Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of English in Levels without our express written consent. You may not use any meta tags or any other “hidden text” utilising English in Levels’s names or trademarks without our express written consent.

You may not misuse the English in Levels Services. You may use the English in Levels Services only as permitted by law. The licenses granted by English in Levels terminate if you do not comply with these Conditions of Use or any Service Terms.

5 YOUR ACCOUNT

If you use any English in Levels Service you are responsible if applicable 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 your account area of the website.
You must not use any English in Levels Service: (i) in any way that causes, or is likely to cause, any English in Levels 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.

6 REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments and other content; submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, 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, 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 the content. We reserve the to remove or edit such content. If you believe that any content on or advertised for sale on any English in Levels Service contains a defamatory statement, or that your intellectual property rights are being infringed by an item or information on any English in Levels Service, please notify us by sending an email to an address available in the Contact section on our website.
If you post content or submit material, and unless we indicate otherwise, you grant: (a) English in Levels a non-exclusive, royalty-free and fully sublicensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and (b) English in Levels, its sublicensees and transferees the right to use the name that you submit in connection with such content, if they choose. No moral rights are assigned under this provision.
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 English in Levels 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 English in Levels for all claims brought by a third party against English in Levels 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.

7 OTHER BUSINESSES

Parties other than English in Levels operate stores, provide services, or sell product lines on this website. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. English in Levels does not assume any responsibility or liability for the actions, product, and content of all of these or any other third parties. You can tell when a third party is involved in your transactions, and we may share your information related to those transactions with that third party. You should carefully review their privacy statements and other conditions of use.

8 English in Levels’s ROLE

English in Levels allows third party sellers to list and sell their products at newsinlevels.com. While English in Levels as a platform provider helps facilitate transactions that are carried out on the English in Levels platform, English in Levels is neither the buyer nor the seller of the seller’s items. English in Levels provides a venue for sellers and buyers to negotiate and complete transactions. Accordingly, the contract formed at the completion of a sale for these third party products is solely between buyer and seller. English in Levels is not a party to this contract nor assumes any responsibility arising out of or in connection with it nor is it the seller’s agent. The seller is responsible for the sale of the products and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and seller.

9 OUR LIABILITY

We will do our utmost to ensure that availability of the English in Levels Services will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to English in Levels Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

English in Levels 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 you commenced using the English in Levels Services.

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 legal right to have goods sent or services provided within a reasonable time or to receive a refund if goods or services ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control.

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.

10 APPLICABLE LAW

These conditions are governed by and construed in accordance with the laws of the Czech Republic, and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. We both agree to submit to the non-exclusive jurisdiction of the courts of the Czech Republic, which means that you may bring a claim to enforce your consumer protection rights in connection with these Conditions of Use in the Czech Republic.

11 ALTERATIONS TO SERVICE OR AMENDMENTS TO THE CONDITIONS OF USE

We reserve the right to make changes to any English in Levels Services, policies, terms and conditions including these Conditions of Use, and Service Terms at any time. You will be subject to the terms and conditions, policies and Conditions of Use in force at the time that you use the English in Levels Services. If any of these Conditions of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

12 WAIVER

If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.

13 CHILDREN

We do not sell products for purchase by children. We sell children’s products for purchase by adults. If you are under 18 you may use the English in Levels Services only with the involvement of a parent or guardian.

14 OUR CONTACT DETAILS

Newsinlevels.com is the trading name for English in Levels. This website is owned and operated by English in Levels co-founders.
English in Levels s.r.o.
Gorkého 2069
530 02 Pardubice
Czech Republic
Business Licence Number: 01770161

15 NOTICE AND PROCEDURE FOR MAKING CLAIMS OF RIGHT INFRINGEMENTS

If you believe that your rights are being infringed, you may write a notice to info@newsinlevels.com.
Upon receipt of a notice 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 notice, you grant to English in Levels the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the notice to the parties involved in the provision of the allegedly infringing content. You agree to indemnify English in Levels for all claims brought by a third party against English in Levels arising out of or in connection with the submission of a notice.
Note on Third Party Seller Listings: Please keep in mind that Third Party Seller listings are merely hosted on newsinlevels.com and are posted solely at the direction of Third Party Sellers who may be contacted via their “Seller Information” page, accessible from any of their listings.
Important Warning: giving false, misleading or inaccurate information in the notice to English in Levels may result in civil and/or criminal liability.

16 ADDITIONAL English in Levels SOFTWARE TERMS

1. Use of the English in Levels Software. You may use English in Levels Software solely for purposes of enabling you to use and enjoy the English in Levels Services as provided by English in Levels, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the English in Levels Software 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 English in Levels Software or otherwise assign any rights to the English in Levels Software in whole or in part. You may not use the English in Levels Software for any illegal purpose. We may cease providing any English in Levels Software and we may terminate your right to use any English in Levels Software at any time. Your rights to use the English in Levels 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 English in Levels Software that are specifically identified in related documentation may apply to that English in Levels Software (or software incorporated with the English in Levels Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any English in Levels Service is the property of English in Levels or its software suppliers and protected by Czech international copyright laws.
2. Use of Third Party Services. When you use the English in Levels Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
3. No Reverse Engineering. Unless explicitly permitted under applicable mandatory law, you may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the English in Levels Software, whether in whole or in part, or create any derivative works from or of the English in Levels Software.
4. Updates. In order to keep the English in Levels Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.

Effective Date: 4th May, 2013