Terms and Condition

| October 3, 2013

Copyright and Ownership

All of the content featured or displayed on TESOL.Fm, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by TESOL Asia Ltd, its licensors, vendors, agents and/or its Content providers except such sound under licence to third party providers. All elements of the Website, including without limitation the general design and the Content, are protected by copyright, moral rights, trademark and other laws relating to intellectual property rights. The Website may only be used for the intended purpose for which such Website is being made available. Except as may be otherwise indicated in specific documents within the Website, you are authorized to view, play, print and download documents, Saturday Night Live audio and video found on our Website for Educational purposes only. You may modify any of the materials for Educational purposes but you must not transfer or sell any information or work contained on the Website. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Website. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Website and Services. The Website  and all related rights shall remain the exclusive property of TESOL Asia Ltd or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on these Website. You may copy the logo for educational purposes

2. Trademarks

All trademarks, service marks and trade names of TESOL Asia Ltd  or the Company’s licensors used herein (including but not limited to: the Company name, the Company corporate logo, the Website name, design and any logos) (collectively “Marks”) are trademarks or registered trademarks of TESOL Asia Ltd or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Company trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without Company’s prior written consent except where educators, for educational purposes, use such data in the course of educating their students. The use of any Company trademarks on any other website or network computer environment is not allowed except where such logo links back to the TESOL.fm and where that link has an educational purpose. For the purposes of this agreement, educational purpose means any purpose here an educator needs said material for his own research, academic purpose such as publishing and where his her students will obtain some benefit from the content on TESOL Fm.

3. Submissions Policy

We are pleased to hear from students,  educators and  those in the global teaching profession and welcome your comments. Where we have specifically invited or requested submissions, we encourage you to submit user published content or user content (e.g. postings to chatrooms, participation in communities, videos, tips, etc.) to TESOL Fm. User Submissions remain the intellectual property of the individual user. By posting these User Submissions on our Website, you expressly grant TESOL Fm 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.

We do not encourage, and do not seek User Submissions that result from any activity that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; or (iii) may constitute a crime or tort. You agree that you have not and will not engage in any of the foregoing activities in connection with producing your submission. Without limiting the foregoing, you agree that in conjunction with your submission, you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private property without permission, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. TESOL Fm will reject any submissions in which it  believes, in its sole discretion, that any such activities have occurred. If notified by a user of a submission that allegedly violates any provision of these Terms of Use, TESOL Fm reserves the right to determine, in its sole discretion, if such a violation has occurred, and to remove any such submission from the Website.

4. Platinum or Gold Accounts

All “Platinum, Gold or TESOL Fm Private” users are subject to certain additional terms and conditions posted on the Website. Platinum accounts are those that the Subscriber subscribes to.  If we identify that a Platinum, Gold or TESOL Fm Private  user is accessing his or her account simultaneously from more than one location or device, we reserve the right to terminate the duplicate session.

5. Accuracy of Information

We attempt to ensure that information on this Website is complete, accurate and current. The world of English language learning and teaching  is replete with competing theses and hypotheses and  we make no representation as to the completeness, accuracy or currency of any information on this Website.

6. Third Party Links

From time to time, this Website may contain links to websites that are not owned, operated or controlled by TESOL Fm or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk.

7. Inappropriate Material

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 Website or the Website 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. 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 Website and blocking of IPs or such other measures as deemed proper. 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.

8. Account Registration and Security

You understand that under certain circumstances you may need to create an account to have access to all of the parts of the Website. In consideration of your use of the Website, you will:

(a) provide true, accurate, current and complete information about yourself and your business as prompted by the Website’s registration form 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 Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Website (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 Services and Website. 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 active  steps to protect this information.

9. Fees

For all charges for any products and services that you agree to buy from the Website, TESOL Asia will bill your credit card or alternative payment method offered by TESOL Asia. We will be clear what your charges will be so you will know when you purchase something and how much it will be.

10. Disclaimers

YOUR USE OF THIS WEBSITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER TESOL ASIA LTD or TESOL FM, NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND NEITHER COMPANY, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR THROUGH COMPANY WEBSITE, PRODUCTS AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TESOL ASia LTD OR THROUGH COMPANY WEBSITE, PRODUCTS AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

11. Limitations of Liability

TESOL Asia  does not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Website, or your downloading of any information or materials from this Website. IN NO EVENT WILL TESOL ASIA, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF TWENTY FIVE DOLLARS (US $25.00).

12. Indemnity

You agree to defend, indemnify and hold TESOL Asoa Ltd and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with
(i) the use of the Website or the Internet or your placement or transmission of any message or information on this Website by you or your authorized users;
(ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above;
(iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights;
(iv) your violation of any law, rule or regulation of the United States or any other country; or
(v) any other party’s access and use of the Website with your unique username, password or other appropriate security code.

13. Release

In the event that you have a dispute with one or more other users of the Website, you release TESOL Asia Ltd (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.

14. Termination

You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. We may also block your access to our Website 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.

15. General

Any claim relating to, and the use of, this Website and the materials contained herein is governed by the laws of the state of  Hong Kong

We do not guarantee continuous, uninterrupted or secure access to our Website or Services, and operation of the Website may be interfered with by numerous factors outside of our control. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms of Use and all incorporated agreements may be automatically assigned by TESOL Asia  in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use set forth the entire understanding and agreement between us with respect to the subject matter hereof. 11 (Access and Interference), 14 (Limitations of Liability), 15 (Indemnity) and 16 (Release), shall survive any termination or expiration of this Agreement.

16. Digital Millennium Copyright Act (“DMCA”)

In operating the Website, we may act as a “services provider” (as defined by DMCA in the various jurisdictions it has been proulgated in) and offer services as online provider of materials and links to third party websites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Website. TESOL Asia has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Website. TESOL Asia 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 Company 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 Website infringes a copyright, you should notify us. We will respond expeditiously to remove or disable access to the material claimed to be. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices is:

J.P. Walsh & Co
Dominion Building 23F
49-71 Queen Street East
Wan Chai
Hong Kong

or to  tesolfm@tesol.fm

Please provide the following information:

  1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
  2. Identify the material on the Website that you claim is infringing, with enough detail so that we may locate it on the Website;
  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.

17. Entire Agreement

These terms and conditions are the entire agreement between the user and TESOL Asia and supersedes any prior understandings or agreements (written or oral).

18. Additional Assistance

If you do not understand any of the foregoing Terms or if you have any questions or comments, we invite you to contact us by email at tesolfm@tesol.fm.

19. Copyright Notice

All Site design, graphics, text selections, arrangements, and all software are copyright © 2013 TESOL Asia Ltd. All rights reserved.

Category: About TESOL fm