Terms and Conditions
1.0 Terms definitions
· You, Your, Customer, refers to customer of this web site www.LanguageExamCenter.com.
· The service, Language Exam Center, www.LanguageExamCenter.com, LanguageExamCenter.com refers to AA Softech Inc.
This Terms and Conditions is an agreement between Customer and LanguageExamCenter and apply to Customer's account(s) with LanguageExamCenter. PLEASE READ THIS DOCUMENT CAREFULLY and retain it for future reference. Please note that the information contained herein is subject to change without notice. Customer agrees to periodically consult this website for changes or amendments to this Agreement. LanguageExamCenter may, but is under no obligation to, provide notices of any amendment, modification or update of this Agreement via e-mail to Customers
LanguageExamCenter will make every reasonable effort to protect and backup data for registered Users on a regular basis, however LanguageExamCenter does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, users are solely responsible for independent backup of data stored on LanguageExamCenter website.
LanguageExamCenter cannot guarantee 100% uptime, but does make every effort to keep maximum uptime. LanguageExamCenter takes no responsibility of events caused by any type of computer virus, hackers, server failure and the like.
5.0 You agreed that:
· You will keep secure your password/s used to access LanguageExamCenter.
· No content of the adult nature can be used on LanguageExamCenter if users or instructors are under the legal age to view such content.
· You accept responsibility for all information and material you issue over LanguageExamCenter, and indemnify us and hold us harmless against any liability in relation thereto. In particular you undertake that you shall not publish or issue any information that is illegal or defamatory. You also acknowledge that we do not vet or approve any information or material available through LanguageExamCenter. We do not accept any liability for any loss, claim or damages arising from or relating to information and material available through LanguageExamCenter, to the full extent permitted by the law. You access and use such information and material at your own risk.
· You are solely responsible for dealing with persons who access your content on LanguageExamCenter, and must not refer complaints or inquiries in relation to such content to us.
You are entirely responsible for all Content that you upload,
post, or otherwise transmit through your use of the Site ("Content").
You agree not to upload, post or otherwise transmit Content that: (a) is
inaccurate, obscene, harmful, pornographic, racist, defamatory, violent,
offensive, harassing, or otherwise objectionable to Language Exam Center or
other users of the website; (b) violates or infringes anyone's intellectual
property rights; or (c) contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the functionality of
any computer software or hardware or telecommunications equipment. Language
Exam Center reserves the right to edit or remove Content that violates these
Terms, that contains third-party commercial advertisements, or for any other
reasons it deems necessary and to suspension and/or termination of you without
Defame, harass, harm, abuse, stalk, threaten or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of others;
Use the Site for any purpose that is in violation of local, state, national, or international law, including without limitation wage/hour and working condition laws and regulations;
Publish, post, upload, distribute or disseminate any profane, infringing, defamatory, hateful, distasteful, obscene or unlawful topic, name, information, materials or content;
Upload files that contain viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network and or contain software or other material that violates the rights of any third party, including without limitation intellectual property rights or rights of privacy or publicity;
Take any action that would undermine any aspect of the Site;
Advertise or offer to sell any goods or services for any commercial purpose on the Site that are not appropriate or relevant to the Site;
Impersonate another person or allow any other person or entity to use your user name, password or membership;
Post the same content repeatedly or spam - spamming is strictly prohibited;
Access, download, or copy any information, content and/or materials from the Site through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots or other such means);
Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the Site;
6.0 We are not responsible to you or any other person for:
· Cost, loss or liability (including loss of profit or other consequential damages) arising from our supply or failure or delay in supplying the Service.
· The content, context or confidentiality of any communications made by using the Service.
· The content and/or accuracy of content of any third-party websites or resources that are linked to from within LanguageExamCenter. Links to third-party websites or resources do not imply endorsement by LanguageExamCenter of such websites or resources. You accept sole responsibility for and assume all risk arising from your use of any such websites or resources.
6.1 You indemnify us against all costs, expenses, loss or liability that we may suffer (directly or indirectly) resulting from:-
· your breach of these terms;
· your use or misuse of the Service;
· the use or misuse of the Service by any person using your account; and,
· Publication of defamatory, offensive or otherwise unlawful material on any web site forming part of your Service.
7.0 Suspension and or Termination of Service
7.0 We may from time to time without notice suspend the Service or disconnect or deny access to your Service:-
· During any technical failure, modification or maintenance involved in the Service provided that we will use reasonable endeavors to procure the resumption of the Services as soon as reasonably practical; or
· If you fail to comply with any provision in this agreement (including failure to pay charges due), or do, or allow to be done, anything which in our opinion may have the effect of jeopardizing the operation of the Service, until the breach (if capable of remedy) is remedied.
7.1 LanguageExamCenter may without notice to you remove, amend or alter your data upon being made aware of:-
· any claim or allegation; and
· any court order, judgment, determination or other finding of a court or other competent body, that the data is defamatory, illegal, offensive or in breach of a third party rights.
7.2 We may end our agreement with you and cease providing Services for any reason immediately.
8.1 To the extent that any part of these Terms are invalid, unenforceable, illegal, void or voidable for any reason, then these Terms will be construed and be binding as if the invalid, unenforceable, illegal, void or voidable part had been deleted from them or read down to the extent necessary to overcome the difficulty.
8.2 Our waiver of any breach or a failure to enforce or to insist on the observance of a condition of these Terms will not be a waiver of any other or of any subsequent breach.
8.3 We will not be responsible or liable for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any matter beyond its reasonable control including, without limitation, industrial disputes, internet and communications outages, fire, flood, war, explosion, accident or act of God.
8.4 These Terms are governed by and construed in accordance with the law of the State of Virginia.