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Terms & Conditions for Native Speakers

Terms and conditions

as of August 20th 2019

 

These terms apply to English-speaking teenagers registering for free on www.mrswilliamsclassrom.fr (the “Website”) to send messages to the French subscribers to the Website  and receive some.

Please read these terms carefully before registering to the Website.

Registering on the Website indicates that you accept these terms. 

If you do not accept these terms, do not register on the Website. 

 

1. Introduction

This Website is owned and managed by Cecile GUILLAUME, "micro-entrepreneuse" under the French legislation.

Registered office at 20 rue Ludovic BONIN, 69200 Vénissieux , France

Under Siret Number: 850 293  937 00015

Cecile GUILLAUME may revise these terms at any time by updating this posting. We advise you to check the Website from time to time to review the then current terms, because they are binding on you. 

The messages sent and received through this Website are monitered by either Cecile GUILLAUME or one of her teachers.

 

2. Licence

The copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by Cecile GUILLAUME. For the purposes of these terms, any use of extracts from the Website for any purpose is prohibited. If you breach any of these terms, your permission to use the Website automatically terminates.

 

3. Service Access

3.1 Cecile GUILLAUME endeavours to ensure that the Website is normally available 24 hours a day, she shall not be liable if for any reason the Website is unavailable at any time or for any period.

3.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Cecile Guillaume’s control.

 

4. Visitor Material and Conduct

4.1 Other than personally identifiable information, which is covered under our Privacy Policy, any material you send through the Website shall be considered non-confidential and non-proprietary. Cecile GUILLAUME and her webmaster shall have no obligations with respect to such material, shall be free to copy, disclose, and otherwise use such material and all texts and other things embodied in your messages for any and all commercial or non-commercial purposes.

4.2 You are prohibited from sending to the Website any material:

(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or

(b) for which you have not obtained all necessary licences and/or approvals, including photographic model releases; or

(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or 

(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

4.3 You may not misuse the Website (including, without limitation, by hacking).

4.4 Cecile GUILLAUME reserves the right to monitor your use of the Website to ensure lawful use.

4.5 Cecile GUILLAUME shall fully co-operate with any law enforcement authorities or court order requesting or directing Cecile GUILLAUME to disclose the identity or locate anyone posting any material in breach of clause 4.2 or clause 4.3.

 

5. Message Service Rule

5.1 In consideration of your use of our Website, you agree to: 

(a) provide true, accurate, current and complete information about yourself when filling out our registration form; and 

(b) maintain and promptly update your registration data to keep it true, accurate, current and complete. 

If Cecile GUILLAUME has reasonable grounds to suspect that any information is untrue, inaccurate, not current or incomplete, Cecile GUILLAUME has the right to suspend or terminate your registration.

 

5.2 Your screen name will be used to identify you in the message service. Vulgar or offensive names will constitute a breach of this clause 5.

5.3 If you are offended by another user’s screen name, please e-mail Cecile GUILLAUME at contact@mrswilliamsclassroom.fr immediately. Similarly if you are unsure about whether a username you would like to use may breach these clause 5, e-mail contact@mrswilliamsclassroom.fr for advice.

5.4 Cecile GUILLAUME is concerned about the safety and privacy of all her users, particularly children and teenagers. On this Website, native speakers will only be able to send messages to registered paying French-speaking students on the Website. But it remains the parents’ responsibility to determine whether any use of the message service on our Website is appropriate for their children.

5.5 You understand that all text, photographs, messages or other materials (“content”), even if only privately transmitted, are the sole responsibility of the person from which the content originated. This means that you, and not Cecile GUILLAUME, are entirely responsible for all content that you e-mail via the message service and that written permission has been gained by you for their use on this website. Cecile GUILLAUME does not control all of the content posted via the message service and therefore does not guarantee the accuracy, integrity or quality of the content.

5.6 Under no circumstances will Cecile GUILLAUME be liable in any way for any content, including (without limitation) any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of your use of any content. You agree that you must evaluate and bear all risks associated with the use of any content including any reliance on its accuracy or completeness.

5.7 You agree that you will not use our message service to: 

(a) upload, post or e-mail any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; 

(b) harm minors in any way; 

(c ) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or disguise the origin of any content; 

(d) ‘stalk’ or otherwise harass another; 

(e) collect or store personal data about other users; 

(f) upload, post or e-mail any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; 

(g) upload, post or e-mail any content that infringes any intellectual property rights of any party; 

(h) upload, post or e-mail any unsolicited or unauthorised advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, or any other form of solicitation; 

(i) upload, post or e-mail any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; or

(j) violate any applicable national or international laws or regulations.

5.8 You acknowledge that Cecile GUILLAUME shall have the right to remove any of your messages in her sole discretion.

5.9 You agree to indemnify and hold Cecile GUILLAUME, her webmaster and her teachers harmless from and against any direct or indirect loss or damage (including consequential loss and loss of profits, goodwill or business opportunities) arising from any third party claim in relation to any content you upload, post or e-mail on or through the forums, your use of forums, or your breach of the provisions of this clause 5.

5.10 As soon as Cecile GUILLAUME is made aware of activities that breach this clause 5, prompt action will be taken. If you witness such breaches in her message service, please email her at contact@mrswilliamsclassroom.fr

5.11 On being made aware of any such breaches, Cecile GUILLAUME may ban, delete or prohibit any content that relates to those breaches or that it judges harmful to individuals or the rights of Cecile GUILLAUME or any of her teachers or French-speaking subscribers.

5.12 All incidents will be logged and our decision is final in all such cases. Any breaches may lead to Cecile GUILLAUME reporting your activities to your internet service provider, your parents, your employer, relevant authorities, or to legal action being taken against you, or both.

 

6. Provisions Applicable to Registered Users

6.1 Each registration is for a single user only. Cecile GUILLAUME does not permit you to share your user name (email) and password with any other person nor with multiple users on a network.

6.2 You shall at all times: 

(a) provide Cecile GUILLAUME with accurate information about your identity; and 

(b) keep any username and password issued to you strictly confidential.

6.3 If at any time you are aware or suspect that any unauthorised use has or may have been made of your username or password you shall immediately notify Cecile GUILLAUME by e-mail at contact@mrswilliamsclassroom.fr

6.4 Failure to comply with these terms in full may result in the termination of your registration.

 

7. Liability

7.1 Cecile GUILLAUME or any of her webmasters shall not be taken responsible for any loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website.

7.2 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

 

8. Computing and Freedom

8.1 Personnal data sent to Cecile GUILLAUME when registering to the website are : Screen name, Password, Surname and name, Birthdate, e-mail  adress, how the native-speaker heard about the Website. This personnal data are compulsory because Cecile GUILLAUME needs them for the creation of the account.

8.2 All personnal data as well as your messages to Cecile GUILLAUME and to French penfriends are monitered and are only seen by Cecile GUILLAUME as the manager of the Website and by François VERRON, the webmaster in charge of the Website. All personnal data are kept as long as you are registered on the website and for 1 year after your last activity on the Website.

8.3 According to the French law called "Loi Informatique et Libertés de 1978" and of the General Data Protection Regulation GDPR, you can ask Cecile GUILLAUME to amend, or remove any information you wish to by sending an email to contact@mrswilliamsclassroom.fr You can also ask to totally remove your account and all the messages you have sent and received as soon as you want to.

 

9. Governing law and Jurisdiction

9.1 This legal notice shall be governed by and construed in accordance with French law. 

9.2 Disputes arising in connection with this legal notice shall first try to be settled between the two parties in no more than 60 days. The Native-speaker will send a message to contact@mrswilliamsclassroom.fr stating their complaint. Cecile GUILLAUME has 15 days to answer in order to settle. In the absence of any settlement, each side will be able to appeal to the court authority.

9.3 The exclusive jurisdiction is the French courts.