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Terms & conditions...

THIS LEGAL NOTICE APPLIES TO THE ENTIRE CONTENTS OF THE TEXTIVATE WEBSITE. PLEASE READ THESE TERMS CAREFULLY BEFORE USING TEXTIVATE. USE OF THE TEXTIVATE WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.

(Last revised 28th July 2021)

Please note

These terms and conditions ("Terms and Conditions") may be updated by us from time to time without notice to you. We will post any changes to these Terms and Conditions on this page and we will also indicate at the top of this page the date that these Terms and Conditions were last revised.

Your continued use of the service or the website after any such changes constitutes your acceptance of the new Terms and Conditions. If you do not agree to abide by these or any new Terms and Conditions, do not use or access (or continue to use or access) the service or the websites. It is your responsibility to regularly check this page to determine if there have been changes to these Terms and Conditions and to review such changes.

Cookies

The textivate website uses HTML5 Local Storage (on those browsers which support it) and cookies.

  • Local Storage is used to pass the text data for your textivate resources from one page to another. It is an essential part of the functionality of the site. If your browser does not support local storage, the text data is passed in a different way, but this causes slower performance and adds to pressures on our server.
  • The cookies that we store on your device fall into three categories: (i) non essential cookies which allow us to notify you of new features periodically; (ii) Google analytics cookies which allow us to track usage of textivate resources and give us an idea of how many people are using textivate and which resources they are accessing; (iii) cookies that are essential to the proper running of the site.

If you disable cookies the textivate website will not work properly.

The Service

Textivate provides users with access to various browser-based interactive exercises, and in some cases worksheets, based on predominantly user-defined content. Textivate subscribers can upload their own texts, resources, questions & answers, vocabulary lists etc. for their own use and/or for the use of other textivate users, including other textivate subscribers. Textivate subscribers and other textivate users can access non-private resources (as defined on the textivate website) uploaded by other textivate subscribers. Textivate Content may be accessed via the textivate website and may also be embedded on third party sites. Unless explicitly stated otherwise, any new features of the Service will be subject to these Terms and Conditions.

Subscription account, password and security

If you subscribe to textivate, your username will be used to identify you as the contributor of any resource which you upload to the textivate website as public or shareable. Please note that your password is stored in an encrypted form and we (the textivate team) do not have access to it. You are responsible for maintaining the confidentiality of the password, and are fully responsible for all activities that occur under your password or username. You agree to (a) immediately notify textivate of any unauthorised use of your password or account and any other breach of security, and (b) ensure that you exit from your account at the end of each session. Textivate cannot and will not be liable for any loss or damage arising from your failure to comply with this obligation. Any other information such as name, employer etc will not be made available to any third party.

Please note that textivate does not handle or store any data related to the financial transaction involved in paying for an annual subscription. Subscription payments are handled entirely by Paypal.

Subscription terms

Subscription to textivate is a one-off payment for one year's access to the services available as part of your subscription model, as detailed on the textivate website. There is no recurring billing. It is up to you to renew your subscription at the end of your subscription period (although we will send you a reminder a couple of weeks before your subscription ends).

Please note that once you have subscribed to Textivate, the subscription fee is non-refundable.

The specific subscription features for Basic, Premium and Group subscriptions are detailed on the textivate website and can be accessed via the "Log in / Subscribe" button at the top left of the textivate front page or via the "Subscribe" link at the bottom of the textivate front page.

By subscribing to textivate, you accept that any resources/texts that you upload to textivate during your subscription period will only be available while your subscription is in effect. Once your subscription expires, these resources/texts will no longer be accessible on the textivate website by you or by any other textivate user. If you decide to renew your subscription after it has expired, your resources should become available again.

Please note that "downgrading" from a Premium to Basic subscription is not possible. If you decide at the end of your Premium subscription period that you would like to change to a Basic subscription, you will need to subscribe again using a new username and password.

Your conduct

The textivate website is provided for the upload and exchange of lawful, relevant, fair and appropriate text content. You acknowledge that all information, data (including registration data), texts or messages ("Content") that you upload to the textivate website are the sole responsibility of the person from which such Content originated. Textivate accepts no responsibility for, and does not guarantee, the accuracy, integrity or quality of any Content uploaded to the website by you or any third party.

You acknowledge that by using the Service, there is a risk that you may be exposed to Content that you may find offensive, indecent or objectionable. Please see the section below titled "Content Objections" for details of how to report such Content.

If you breach these Terms and Conditions, you should be aware that a party aggrieved by the uploading of any content which is, inter alia, defamatory or in breach of copyright, may take action and that this could result in your having to pay compensation to the person or company aggrieved.

You agree to not use the Service to:

  • upload any Content that is unlawful, harmful, objectionable, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise discriminatory;
  • harm or attempt to harm minors in any way;
  • impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • upload any Content that you do not have a right to transmit under any law;
  • upload any Content that infringes any patent, trade mark, trade secret, copyright or other proprietary rights ("Rights") of any party;
  • upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  • intentionally or unintentionally violate any applicable law or regulation;
  • collect or store personal data about other users;

You acknowledge that textivate does not pre-screen Content that you post on the textivate Website, but that textivate and people designated by it shall have the right (but not the obligation) to monitor all resources uploaded to the textivate website. If textivate determines, in its sole discretion, that you or another user have breached these Terms and Conditions or that any Content is inappropriate or otherwise objectionable, textivate may refuse to accept or may remove any Content from the Websites, without any liability to you or a third party.

Content monitoring and modification by textivate

Please note that all Content (including private resources) that you upload to textivate may be monitored by the textivate team. Textivate reserves the right to modify resources that are uploaded as public resources, but we will only do this in order to improve the layout or to correct grammatical inaccuracies in the uploaded content, with the aim of improving the experience of other textivate users. We may also add tags and additional information to resources uploaded as public resources, in order to make these resources easier to find and to improve the browsing / searching experience of other textivate users. Textivate reserves the right to change the resource-type of any resource (e.g. from public to private) or remove any Content from the Website, without any liability to you or a third party.

Indemnity

You agree to indemnify, defend and hold textivate harmless from and against any and all liability, losses, costs, claims and expenses incurred directly or indirectly (including reasonable attorneys’ fees) incurred in connection with or arising out of your violation of these Terms and Conditions, any applicable law or regulation or the rights of any third parties related to the use of the Content, the textivate website, Service and tools. This indemnity includes both any liability to third parties, and other costs and losses incurred by textivate.

Rights in posted content

With respect to all Content that you upload to the textivate website as "public" resources, you grant textivate a royalty-free, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, in connection with services offered or to be offered by textivate. The license granted by You terminates as to a specific piece of Content once You remove or delete such Content from textivate.

With respect to all Content that you upload to the textivate website as "public", "shareable" or "mysite" resources, you grant each user of textivate a non-exclusive license to access and use your Content under the terms of the Service. Notwithstanding the foregoing, you hereby grant to each user of textivate at least a limited, non-exclusive, license to view, download (including, without limitation download to a portable device), print and have printed such Content for personal use in the manner contemplated by the Terms and Conditions and the textivate Service. The foregoing license granted by you terminates as to a specific piece of Content once you remove or delete such Content from the textivate website provided, however, that user rights to such Content arising out of distributions occurring on or prior to deletion of such Content from the textivate website survive any termination or expiration of the license granted in this section.

You represent and warrant that you own or otherwise control all of the rights to any Content that you upload to textivate and can grant the rights set out above. You represent, warrant and undertake that: (i) use of the Content will not infringe the rights of any third parties (including that the Content or material is not defamatory); and (ii) you have obtained all rights and consents that are necessary for you to provide the Content; and (iii) you will immediately remove and notify us of any Content that does not comply with these Terms and Conditions or may infringe the rights of third parties. You agree to indemnify textivate and its affiliates for all claims brought by a third party against textivate or its affiliates in respect of infringement of that third party’s intellectual property rights or arising out of or in connection with a breach of any of these warranties.

Content objections

If you object to any Content uploaded to textivate, please let us know by clicking on the 'Report a problem with this resource' link which appears on the textivate home page and the menu screen when you open a public or shareable resource.

Modifications to service

Textivate reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Textivate shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Disclaimers

You expressly acknowledge and agree that:

  • Your use of the Service is at your sole risk. The textivate website and the Service are provided on an 'as is' and 'as available' basis. We do not guarantee the accuracy, timeliness, completeness or fitness for purpose of the Content provided on the textivate website or through the Service or that use of the textivate website will be uninterrupted, virus free or error-free. No responsibility is accepted by or on behalf of textivate for any errors, omissions or inaccurate information on the textivate website or available through the Service.
  • Textivate is not responsible for how the Content on the textivate website or available through the Service is used, is interpreted or what reliance is placed on it. We do not accept any responsibility for the results of any action taken on the basis of the information provided on the textivate website or available through the Service.
  • Textivate is not responsible for the loss of texts or resources uploaded and makes no guarantees regarding the permanent storage of texts and resources uploaded. That said, we will endeavour to ensure that the texts and resources that you upload to the textivate site are stored safely and remain available to you at all times during your subscription period.
  • Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
  • No advice or information, whether oral or written, obtained by you from textivate shall create any warranty or other obligation not expressly stated in these Terms and Conditions.
  • Text-to-speech is an additional service provided via a third party. No guarantees are made regarding the reliability, stability or accuracy of the text-to-speech service.

Limitations of Liability

You expressly acknowledge and agree that textivate shall not be liable for any indirect, incidental, special, consequential or exemplary damages, nor for direct or indirect loss of profits revenue, business, anticipated savings, goodwill, opportunity, reputation, business interruption, use, data or intangible losses even if Textivate has been advised of the possibility of such damage.