Updated November 2, 2009
Welcome to the iSLCollective.com website (the "Site"), owned and operated by iSLCollective Ltd. (referred to herein as "We" or "iSLCollective"), a content management and file sharing platform that allows for the authorized download and distribution of written digital content over the internet.
1. Description of Services
The Services include access to a rich collection of teaching resources in .doc or .ppt formats, various communications tools, forums, search services, and personalized content which may be accessed through any various medium or device now known or hereafter developed. You understand and agree that the Service is provided "AS-IS" and that the Company cannot be held responsible for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings. We reserve the right to modify or discontinue the Services at any time, for any reason, without liability to You or any other user or any third party.
You agree to use Site and take advantage of the Services in compliance with (a) these Terms (b) the Site's Community Guidelines and (c) any applicable law or regulation.You agree that You will not engage in any activity that, in the sole judgment of iSLCollective, hinders or disrupts the Services, the servers and networks which are connected to the Services, or the activities of others on the Site or the quiet enjoyment of others on the Site. You acknowledge and agree that if You violate this requirement You may be immediately suspended and denied access to one or more of the Services, your account details or any files or other Content in your account.
The Site is not available to persons previously suspended or removed from the Site by iSLCollective. By registering for, accessing, browsing, downloading from or using the site, you represent that you have not been previously suspended or removed from the site. The content on the site is only available for personal noncommercial use for end users only, any other use is prohibited.
4. Advertising and Other Communications
To help us sustain the Site, we may display advertising in connection with any of the Services, in our sole discretion, and/or in emails to our registered users.
5. Copyright infringements
iSLCollective respects authors' and copyright holders' rights, therefore we will investigate notices of alleged infringement. iSLCollective will promptly terminate without notice any User's access to the Site if that User is deemed by iSLCollective to be a "repeat infringer." A repeat infringer is a User who has been informed by iSLCollective of infringing activity violations more than twice and/or who has had their Submissions removed from the iSLCollective more than twice.
6. iSLCollective Platform License Grant
License Grant to Upload
Subject to Your compliance with our Terms, ISLCollective hereby grants to You a personal, limited, non-exclusive, non-transferable, freely revocable license to use the Site to upload and distribute Your original ESL worksheets in digital format ("User Content"). Content is uploaded at Your own risk. Notwithstanding any obligations hereunder of ISLCollective to protect User Content with security measures, ISLCollective cannot guarantee that there will be no unauthorized copying or distribution of User Content nor will ISLCollective be liable for any copying or usage of the User Content not authorized by ISLCollective.
License Grant to Download
Subject to Your compliance with our Terms, ISLCollective hereby grants to You a personal, limited, non-exclusive, non-transferable, freely revocable license to view and download User Content solely through the Site subject to the license under which such User Content is distributed.
Reservation of Rights
Prevention of Unauthorized Use
ISLCollective reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Site, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use.
7. User Content License Grant; Representations and Warranties
Retention of Ownership
You retain all of Your ownership rights in User Content owned by You.
License Grant to ISLCollective
Unless otherwise agreed to in a separate written agreement between You and ISLCollective that was signed by an authorized representative of ISLCollective:
License Grant to other ISLCollective users
By distributing or disseminating User Content through the Site, You hereby grant to each User that is authorized to access Your User Content a non-exclusive license to access and use Your User Content under the terms indicated by You when You uploaded such User Content. Notwithstanding the foregoing, You hereby grant to each User at least a limited, non-exclusive, personal license to view and download such User Content in the manner contemplated by these Terms and the Site. The foregoing license granted by You terminates as to a specific piece of User Content once You remove or delete such User Content from the Site provided, however, that User rights to such User Content arising out of distributions occurring on or prior to deletion of such User Content from the Site survive any termination or expiration of the license granted.
8. User Content Representations and Disclaimer of Warranties
You are solely responsible for Your User Content and the consequences of posting or publishing them. By uploading and publishing Your User Content, You affirm, represent, and warrant that:
9. User Content Disclaimer
By using the Site you agree not to:
When You use the Site to upload and/or download content or any products, services, or information from ISLCollective, You may be asked to provide a password. You are solely responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password. You agree that the information You provide to ISLCollective on registration and at all other times will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that Your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of Your account ID, password, or any credit, debit or charge card number, if applicable), then You agree to immediately notify ISLCollective. You may be liable for the losses incurred by ISLCollective or others due to any unauthorized use of Your ISLCollective account.
11. Third-Party Sites, Products and Services; Links
The Site may include links or references to other web sites or services solely as a convenience to Users ("Reference Sites"). ISLCollective does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site are solely between You and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at Your own risk.
12. Termination of Your Account
You agree that ISLCollective, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) You may have with ISLCollective or Your use of the Site and remove and discard all or any part of Your account, User profile, and any User Content, at any time. Cause for such termination will include, but not be limited to, (i) breaches or violations of the Terms or other incorporated agreements or guidelines, (ii) requests by law enforcement or other government agencies, (iii) a request by you to delete your account, (iv) discontinuance or material modification to the Service (or any part thereof), (v) unexpected technical or security issues or problems, (vi) extended periods of inactivity, (vii) engagement by you in fraudulent or illegal activities, and/or (viii) nonpayment of any fees owed by you in connection with the Services.
ISLCollective may also in its sole discretion and at any time discontinue providing access to the Site, or any part thereof, with or without notice. You agree that any termination of Your access to the Site or any account You may have or portion thereof may be effected without prior notice, and You agree that ISLCollective will not be liable to You or any third party for any such termination.
13. Ownership; Proprietary Rights
You agree to indemnify, save, and hold iSLCollective, its affiliated companies, agents, employees, contractors and its licensors, suppliers and partners harmless from any claim or demand, losses, damages, liabilities, including legal fees and expenses, made by any third party due to or arising out of Content you submit, Your use or misuse of the Site, any violation by You of these Terms or rights of another user.
15. Disclaimers; No Warranties
To the fullest extent permissible pursuant to applicable law, iSLCollective, and its affiliates, partners, and suppliers disclaim all warranties, statutory, express or implied, including, but not limited to, non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from iSLCollective or through the Site will create any warranty not expressly stated in these Terms. You expressly acknowledge that the term iSLCollective includes iSLCollective's officers, directors, employees, shareholders, agents, licensors and subcontractors.
"As is" and "as available" and "with all faults"
You expressly acknowledge and agree that the use of the Site is at your own risk. The Site and any data, information, third-party software, content (including commercial content), reference sites, services, or applications made available in conjunction with or through the Site are provided on an "as is" and "as available", "with all faults" basis. We expressly disclaim all warranties of any kind, whether express or implied including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
Platform operation and user content
We do not warrant that that the data, content (including commercial content), functions, or any other information offered on or through the Site will be uninterrupted, timely, secure, reliable or free of errors or other harmful components; and do not warrant that the that any of the foregoing will be corrected. Nor do we warrant that the quality of any products, services, information or other material purchased or obtained by you through a Service provided by iSLCollective will meet your expectations;
Harm to your computer
You understand and agree that you use, access, download, or otherwise obtain information or materials through the Site or any third party sites We link to at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system) or loss of data that results from the download or use of such data.
The security measures employed for the protection of user content used by iSLCollective herein are used in conjunction with the user content "as-is" and with no assurances that such security measures will withstand attempts to circumvent security mechanisms or that there will be no cracks or other circumvention of such security measures.
16. Limitation of liability and damages
Limitation of liability
Under no circumstances, including, but not limited to, negligence, will iSLCollective, its affiliated companies, agents, employees, contractors and its licensors, suppliers and partners be liable for any incidental, special, indirect, punitive, exemplary, consequential, or reliance damages (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost revenues or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to these terms or that result from Your use or Your inability to use the materials (including user content and commercial content) on the Site or any reference sites, or any other interactions with iSLCollective, even if iSLCollective or an iSLCollective authorized representative has been advised of the possibility of such damages.
Limitation of damages
In no event will iSLCollective, its affiliated companies, agents, employees, contractors and its licensors, suppliers and partners have total liability to you for all damages, losses, and causes of action arising out of or relating to these terms, your use of the Site or your interaction with other iSLCollective users (whether in contract, tort including negligence, warranty, or otherwise), exceed the amount paid by you, if any, for accessing the Site during the twelve (12) months immediately preceding the date of the claim or one hundred dollars, whichever is greater.
These limitations of liability also apply with respect to damages incurred by you by reason of any products or services sold or provided on any reference sites or otherwise by third parties other than iSLCollective and received through or advertised on the Site or received through any reference sites.
Basis of the bargain
You acknowledge and agree that iSLCollective has offered its products and services, and entered into these terms in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and iSLCollective, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and iSLCollective. iSLCollective would not be able to provide the Site to you on an economically reasonable basis without these limitations.
Limitations by applicable law
The failure of iSLCollective to assert or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
We do not guarantee continuous, uninterrupted or secure access to the Service or the Site.
These Terms will be governed by and construed in accordance with the laws of Hungary, without giving effect to any principles of conflicts of law.
You agree that any action at law or in equity arising out of or relating to these Terms or iSLCollective will be filed only in the Court of Budapest, and You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
If any provision of these Terms or any Guidelines is deemed void as a matter of law, or for any reason unenforceable, then the remaining provisions which will continue in full force.
Section headings in the Agreement are for convenience purposes only, are not to be considered a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
No Right of Survivorship and Non-Transferability
You agree that Your account is non-transferable and any rights to Your ID or Content within Your account terminate upon your death. Upon receipt of a copy of a death certificate, Your account may be terminated and all contents therein permanently deleted.
Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of any service or these terms must be filed within one year after the cause of action accrues, otherwise, such cause of action is forever barred.
18. Additional Terms for iSLCollective Supporting Membership
Additional Terms for iSLCollective Supporting Membership posted on December 17, 2013
iSLCollective.com (also: “the Site”) grants users the ability to upload their originally created language teaching materials to the Site, edit their uploads later, and download teaching resources from one another free of charge. On December 17, 2013, while the aforementioned services remained free, there were additional features (“Premium features”) added to our services - including saving the teaching materials hosted on iSLCollective.com among the customer’s favorite list, printing hosted resources directly from the iSLCollective.com website and full-screen, multi-page previews -, which require a fee-based membership (“iSLCollective Supporting Membership”, "Supporting Membership" or “Supporting Membership subscription”). See full list of Supporting Membership features at http://islcollective.com/become_a_supporting_member.
Expiry of your Supporting Membership
If you choose to purchase a Supporting Membership, you understand that the Supporting Membership services granted under your Supporting Membership will become unavailable when the period of your purchased membership is over. Once your Supporting Membership has expired, your current account status will be changed back to “Free”. This means that certain parts of the website will also become unavailable: your Favorites list and your Cart will be only partially accessible, while the option to send priority technical support emails to our customer support via the site will be disabled. Your current account type (Free, Supporting Membership Trial, Supporting Member) and account history can be viewed at http://islcollective.com /mypage/billing_support. You will be able to see your full Favorites list again (which you had compiled during your Trial period) if you renew your Supporting Membership.
New Supporting Membership features
New features will be added to the ISLCollective Supporting Membership on a regular basis. Some features may become free at the sole discretion of iSLCollective Ltd. Accordingly, the Supporting Membership Services may be changed upon prior notice to you, which may affect your ongoing Supporting Membership. We reserve the right to change the amount of any Supporting Membership fees, effective at the date of your subsequent purchase of a Supporting Membership.
As opposed to Free users, Supporting Members will not be shown any Google AdSense ads on the site. However, Supporting Members may be shown any site messages or notifications of iSLCollective Ltd., including announcements of upcoming iSLCollective.com products.
Supporting Membership Trial
Users may once try the full scope of the Supporting Membership features for a brief period under a Supporting Membership Trial license. The Supporting Membership Trial can be activated at http://islcollective.com/premium_order or http://islcollective.com /mypage/billing_support. Once your Supporting Membership Trial period has expired, your current account status will be changed back to “Free”. This means that certain parts of the website will become unavailable: your Favorites list and your Cart will be only partially accessible, while the option to send priority technical support emails to our customer support via the site will be disabled. You will be able to see your full Favorites list again (which you had compiled during your Trial period) if you subscribe to a Supporting Membership.
iSLCollective Ltd. reserves the right to change the length of the Trial period or revoke Supporting Membership Trial access at any time at its sole discretion without prior notice to the user. The current length of the Supporting Membership Trial period is 7 days. The current length of the Supporting Membership Trial period can be viewed at http://islcollective.com/premium_order.
By starting your free Supporting Membership Trial, you acknowledge that iSLCollective Ltd. cannot be held accountable for the quality of service under the Supporting Membership Trial.
Membership Types and Payment
iSLCollective Supporting Membership enables you to access all of the features offered under the iSLCollective Supporting Membership. The period of Supporting Memberships may be annual, six months, or monthly. Payment for this service package is accepted in Euros by direct bank transfer, debit/credit card, Sofort banking or by PayPal transfer. Payments are one-time payments only for the time period selected by the customer. In the future, however, recurring payments may be made available.
After successful payment you will be sent an invoice via email.
The Supporting Membership access rights will be granted to you as soon as your payment appears on the Paypal or bank account of iSLCollective Ltd. Until your payment has not appeared on our account, your membership status will be "Pending", which means that your current membership status at the time of the payment will continue to be in effect.
Refunds are handled on a case-by-case basis by our Support Team. If you have a refund request, please get in touch with us at info [at] islcollective [dot] com.
Limitation of Liability
Termination of Supporting membership
Prohibition of Transferability of Supporting Membership
If you elect to purchase the Supporting Membership you understand that your membership is personal to you and you may not sell, trade, transfer your account name and password or share these with others, including without limitation your co-workers. Any distribution by you of your account name and password to another person will result in cancellation of your iSLCollective.com Supporting membership without a refund. You agree to immediately notify iSLCollective Ltd. of any unauthorized use of your iSLCollective.com account or any other breach of security that you gain knowledge of in relation to the Site.