ISLCOLLECTIVE TERMS OF USE

Updated November 17, 2022

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.

The following Terms of Use for the iSLCollective website is a legal contract between You, either an individual user ("You" or, collectively, "Users"), and iSLCollective governing Your access to, and use of, the Site and all of the products, software and services (collectively, the "Services").

By accessing the Site and/or using any of the Services, you acknowledge that you have read, understood, and agree to abide by each of the terms and conditions of this Terms of Use, including any future modifications (collectively, the "Terms"). If you do not agree to any of these terms, then please do not use this site.

We reserve the right to modify these Terms of Use. In case changes will be made necessary, you will receive notification about that. Your continued use of the Site following the posting of any amendment of these Terms of Use will constitute Your consent to and acceptance of its revised terms.

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.

Eligibility
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.
Privacy

iSLCollective pays particular attention to compliance with data privacy provisions, with especial regards to Act CXII of 2011 as well as the practice of the Hungarian National Authority for Data Protection and Freedom of Information (hereinafter: the Authority), and the relevant EU and international practices and recommendations.

This privacy policy provides the users (hereinafter: User) of iSLCollective.com (hereinafter: the Website) with information on its practice in the processing of personal data, as well as on the organizational and technical measures taken in order to ensure the protection of personal data, and the procedural rules and the possibilities of the Users to enforce their rights.

By registering to the website and using it as a registered user, the User hereby confirms that he or she has read and understood the privacy policy of iSLCollective, therefore he or she informed about the scope of personal data processed, the purpose, the legal basis and the duration of the data processing, and the name and the address of the data processors and on iSLCollective’s activities related to data processing. Based on the provided information the User by registering to the website and using it as a registered user, the User gives and expresses his or her consent to iSLCollective processing his or her personal data in accordance with the terms and conditions of the privacy policy.

By registering to the website and using it as a registered user, the User also hereby confirms that he or she has been informed by iSLCollective that it intends to use his or her e-mail address for the purpose of occasionally communicating iSLCollective news or user messages in accordance with Article 6 of Act XLVIII of 2008. Based on the provided information the User hereby gives and expresses his or her consent to iSLCollective using his or her email address for the purpose of occasionally sending messages concerning the user's use of the site or iSLCollective news to him or her.

Data controller

iSLCollective is the exclusive controller of personal data of the Users.

Scope of personal data processed

When registering to the Website the e-mail address, the nationality, user name and password of the Users will be collected and used. When Users purchase an iSLCollective Supporting Membership, their name, billing address, PayPal ID and/or CCBill ID will be collected and used.

During the use of the Website the following technical data qualifying as personal data are automatically collected: the type of the browser used, the IP-address, the URL, the date of access and the pages visited.

Purpose of the data processing

iSLCollective will use the personal data of the Users exclusively for the following purposes:
- Registration to the Website, use of the Website’s services
- registering a User’s purchase of an iSLCollective Supporting Membership
- Sending occasional newsletters to Users
- Gather and analyse statistical information regarding use of the Website.

Legal basis of the data processing

The legal basis of the data processing is the Users’ consent. The Users’ consent shall mean any freely and expressly given specific and informed indication of the will of the User by which the User expresses his/her agreement to his/her personal data being processed in accordance with the conditions set out in this privacy policy.

Duration of the data processing

iSLCollective will use and store the Users’ personal data until the the User deletes his/her user account on the website.

In order to keep the personal data stored up to date, iSLCollective checks the availability of the Users’s e-mail addresses on a yearly basis.

Persons having access to the data

The personal data of the Users are processed exclusively by the personnel of iSLCollective authorized to do so.

Data processors

iSLCollective uses the services, qualified as data processing, of the following companies:

- virtual server service provider: tilaa.com - Tilaa B.V. P.O. Box 728 1000 AS, Amsterdam, NL
- bulk email service provider: SimplyCast.com - 73 Tacoma Drive, Suite 400 Dartmouth, Nova Scotia B2W 3Y6 Canada

Data transfer

iSLCollective will not transfer the personal data of the Users to any third party.

Data Security

iSLCollective processes personal data with the utmost care, in strictest confidence and only to the extent required for the use of the services, and in case of consent, according to the instructions, if any, of the consenting person.

iSLCollective took the appropriate technical and organizational measures and adopted the procedural rules necessary to give effect to the legislation regarding data processing and data protection.

Rights of Users

Everybody is entitled to request information on his/her personal data processed by iSLCollective or by a data processor, on the sources of the data, on the purpose, legal basis and duration of processing, on the name and address of the data processors and on iSLCollective’s activities related to data processing. Users are also entitled to request information on the circumstances and effects of any data protection incident which might have occurred and the measures taken in order to provide remedy.

Requests shall be submitted to info [at] islcollective [dot] com.

iSLCollective provides the information in writing and within the shortest possible period of time following the submission of the request, however, not later than within 25 days; the provision of information may be denied only in cases defined by the relevant Act. Should the request for information be denied, iSLCollective notifies the User in writing by referring to the provision of the Act serving as a ground for the refusal, and also informs the data subject of the means available for legal redress against the decision.

Where any personal data processed by iSLCollective are deemed to be inaccurate, the User may request that they be corrected.

Personal data shall be erased if

their processing is unlawful;
so requested by the data subject;
they are incomplete or inaccurate and this deficiency cannot be lawfully remedied;
the purpose of the processing ceased to exist or the time period for storing the data expired;
so ordered by court or by the Authority.

The erasure may be initiated by the data subject with a written request filed with iSLCollective.

iSLCollective blocks the personal data if the User requests this at in a qualified document or, based on the information available to iSLCollective, erasure of the data requested by the User would presumably violate the legitimate interests of the USer. Blocked personal data may be processed only as long as the purpose which prevented erasure of the personal data remains valid.

If the accuracy of an item of personal data is contested by the User and its inaccuracy or incorrectness cannot be ascertained beyond doubt, iSLCollective tags the personal data in question.

The User filing the request must be notified by iSLCollective in writing within 25 days from filing the request of any correction, blocking, tagging or erasure, i.e. that the request has been granted or that there is an obstacle to do so. In the latter case iSLCollective must also provide the factual and legal grounds for the refusal and inform the data subject of the possibilities for seeking legal redress.

The User is entitled to object to the processing of his/her personal data if

personal data have to be processed or transferred exclusively to comply with the legal obligations of iSLCollective, or to enforce the legitimate interests of iSLCollective, unless processing is mandatory;
personal data are used or transferred for the purposes of direct marketing, public opinion surveys or scientific research.

iSLCollective examines the objection lodged within 15 days of its receipt and grants the request expressed in the objection if it can establish beyond doubt that the objection is well-founded; it also notifies the decision in writing to the person who filed the objection. If the objection is rejected, iSLCollective must state the grounds for its decision in a form conforming to the objection.

In case of rejection of the objection, if the data subject disagrees with the decision made in the case, or if iSLCollective fails to observe the deadline, the User may turn to court.

Everyone who considers that their rights were infringed in the course of the data processing by iSLCollective may turn to court or to the Data Security Authority (www.naih.hu). The court hears such cases in priority proceedings. The Budapest-Capital Regional Court (Fővárosi Törvényszék) is competent to hear the case, however, if so requested by the data subject, legal proceedings may also be started before a Hungarian court competent according to the permanent or temporary residence of the data subject.

Registry numbers of the data processing
NAIH-108812/2016

Technical Tools We Use

Cookies

A "cookie" (also "tracking cookie," "browser cookie," and "HTTP cookie") is a small piece of text stored on a User's computer by a web browser that assign a unique identifier to the User’s computer so that iSLCollective can "recognize" the User’s computer each time the User uses it to return to the Website. Users can also set their browser to refuse to accept cookies, but should be aware that disabling cookies may limit the scope of service that iSLCollective is able to provide.

The cookie(s) we use:
A functionality cookie which allows us to record the time of your last login to the website.

Google tools

We also use Google products to aid our maintance of the website.

We display ads through the Google Adsense network to generate revenue for the website.

We track our website traffic by means of Google Analytics.

We embed Youtube videos on the website, for example, on our video quiz platform.

Your iSLCollective Password
Your iSLCollective password is unique to your iSLCollective account and serves the purpose of protecting your account from unauthorized access and use. iSLCollective may not be held responsible for any stolen, lost or otherwise disclosed passwords. You are advised to keep away your password from others and should not disclose it to anyone.

Outbound Links to Third Party Websites
The iSLCollective website may contain outbound links to third party websites iSLCollective is not affiliated with. We do not exercise control over any site that may be linked to from content that is displayed within content on this site.You should note that our privacy policy applies only to the iSLCollective site and we do not exercise control over any site that may be linked to from content that is displayed within content on this site. We are not responsible for the privacy practices of these third party websites. Should you visit such third party websites, you are advised to read their respective privacy policies.

Changes to our Privacy Policy
We reserve the right to change this Privacy Policy at any time in our sole discretion. We will not diminish your rights under this policy without your explicit consent, and we expect most changes to be minor. Should we affect a significant change to our policy, we will notify you of those changes through a notice posted on this page when you log in to your iSLCollective account. If we become involved in a merger, acquisition, or any form of sale of some or all of its assets, we will provide notice before personal information is transferred and becomes subject to a different privacy policy.

Your Questions about our Privacy Policy
Should you have further questions about our privacy policy, please contact us at info [a.t] islcollective [d.ó.t] com

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.

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.

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
ISLCollective reserves all rights not expressly granted in this Terms of Use.

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.

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:

By distributing or disseminating User Content through the Site, You hereby grant to ISLCollective a worldwide, non-exclusive (meaning: you can upload your work on other websites) and royalty-free license to host and display your content on the Site.
The license granted by You terminates as to a specific piece of User Content once You remove or delete such User Content from the Site.
By uploading User Content, You hereby warrant that Your User Content is free of any digital rights management, including any software designed to limit the number of times User Content may be copied or played.

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.

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:

You are the original creator and owner of Your User Content, which allows you to exercise the licenses granted by You and in the manner contemplated by ISLCollective and this Terms of Use;
Your User Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, or libel any other person; and
Your User Content does not contain any viruses, adware, spyware, worms, or other malicious code.

Violators of these third-party rights may be subject to criminal and civil liability. ISLCollective reserves all rights and remedies against any Users who violate this Terms of Use.

User Content Disclaimer

You understand that when using the Site You will be exposed to User Content from a variety of sources, and that iSLCollective is not responsible for the usefulness, accuracy, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that You may be exposed to User Content that are indecent, offensive, inaccurate or otherwise objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against iSLCollective with respect thereto. iSLCollective does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and iSLCollective expressly disclaims any and all liability in connection with User Content. If notified by a User or a content owner of User Content that allegedly is not in keeping with this Terms of Use, iSLCollective may investigate the claim and determine in its sole discretion whether to remove the User Content, which it reserves the right to do at any time and without notice. iSLCollective does not permit copyright infringing activities on the Site.

Prohibited Conduct
By using the Site you agree not to:

upload, post or disseminate any User Content or other content that reasonable person could deem to be unlawful, offensive, harmful, indecent, pornographic, threatening, harassing, invasive of another's privacy, vulgar, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable;
"stalk" or otherwise harass another; and/or collect, or attempt to collect, personal information about Users or third parties without their consent;
use the Site for any purposes other than to disseminate or receive original and/or to access the Site as such services are offered by iSLCollective;
harm minors in any way;
act in a manner that negatively affects other users' quiet enjoyment of the Services;
impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the iSLCollective accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the Site, or perform any other similar fraudulent activity;
set up additional account(s) to be used for deceptive purposes ("Sock Puppet Accounts");
forge headers or otherwise manipulate identifiers and descriptions in order to disguise the origin of any Content disseminated through the Site;
delete the copyright or other proprietary rights on the Site or User Content;
upload, post or disseminate any Content that is not Your original creation;
upload, post or disseminate any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
upload, post or disseminate any unsolicited or unauthorized advertising, promotional and marketing materials, bulk mailing of commercial advertising, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
upload, post or disseminate any material that contains software viruses, adware, spyware, worms, or any other malicious code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
relay email from a third party's mail servers without the express permission of that third party;
interfere with or disrupt the Service or servers or networks connected to the Service, disobey any requirements, procedures, policies or regulations of networks connected to the Service
use any spider, scraper, robot, or other automated means to access the Site for any purpose or to remove, circumvent, disable, damage or otherwise interfere with security-related features iSLCollective may employ to prevent or restrict access to the Site;
use the Site for any illegal purpose, or in violation of any local, state, national, or international law, including, but not limited to, laws that govern intellectual property and other proprietary rights, and data protection and privacy;
reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law this limitation notwithstanding;
modify, adapt, translate or create derivative works based upon the Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law this limitation notwithstanding.

Account

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.

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.

Termination of Your Account

iSLCollective
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 parts of Your account; User profile, and all 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.

You
You may terminate your account at any time for any reason by notifying the company, in writing, at support [at] islcollective [dót] com. After termination of your account, any reference to your posts or profile details will be deleted from the iSLCollective Site according to GDPR regulations from May 2018 onward. Your other remedy with respect to any dissatisfaction with (i) the Site, (ii) any term of this Terms of Use, (iii) any policy or practice of ISLCollective in operating the Site, or (iv) any content or information transmitted through the Site, is to terminate this Terms of Use and Your account. You may terminate this Terms of Use at any time by discontinuing use of any and all parts of the Site.

Ownership; Proprietary Rights

The Site is owned and operated by iSLCollective Ltd. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, services, and all other elements of the Site provided by ISLCollective (the "Materials") are protected by Hungarian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any User Content that are provided and owned by Users, all Materials contained on the Site are the property of ISLCollective Ltd. or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to ISLCollective or its affiliates and/or third-party licensors. Except as expressly authorized by ISLCollective, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. ISLCollective reserves all rights not expressly granted in this Terms of Use.

Indemnification

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.

Disclaimers; No Warranties

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, se

Keep On Swimming Song