Welcome to the Foreigncy website, www.Foreigncy.us, operated by the Center for Educational Resources in Culture, Language and Literacy (CERCLL). Hereinafter Foreigncy and CERCLL are referred to as “we,” “us,” or “our”.   Use of the Foreigncy website (the “Site”) is subject to the following Terms of Use (“Terms”) and the Privacy Policy.

 

  • Acceptance of Terms of Use

By accessing and using the Site, you acknowledge that you have read, understood and agree to be bound by these Terms, including the Privacy Policy, which together form an agreement that is as effective as if you had signed it. If at any time you do not agree to these Terms, please do not access or use the Site or any of its content. Your access to, use of, and browsing of the site and its services and content is subject to all terms contained in these Terms of Use and our privacy policy and all applicable laws and regulations. If you do not agree to these terms of use, your permission to access or use the site is automatically and immediately revoked.

 

  • Changes to the Terms of Use

These Terms may be revised or updated from time to time. Accordingly, you should check the Terms regularly for updates. You can determine when the Terms were last revised by referring to the “Last Revised” legend on this page. Each time you access, use or browse the Site, you signify your acceptance of the then-current Terms. Any material changes in these Terms take effect upon posting, and apply only to your use of the Site and information collected from you on and after the Last Revised date, unless we have other communications with you.

 

We may make changes to the Site, content, products, services or features of the Site at any time. You understand and agree that we may discontinue or restrict your use of the Site at any time for any reason or no reason, with or without notice.

 

  • Permitted Users of the Site

In consideration of your use of the Site, you represent that you are of an age to form a legally binding contract (except as provided in the following paragraph) and you are not prohibited from receiving services under the laws of the United States or any other applicable jurisdiction. Use of the Site, Services or Content is void where prohibited by applicable law, and the right to access the Site, Content or Services is revoked in such jurisdictions.

 

The Site is directed to persons 13 years of age or older. We do not knowingly collect information from children under age 13. If you are under age 13, you are not permitted to use the Site or to submit any personally identifiable information to us on the Site or offline. If you provide information to us through the Site, you represent that you are 13 years of age or older. If you are between 13 and 17 years of age, when you visit, browse, use, or submit personal information to the Site, you represent that you have the permission of a parent or guardian to do so and they agree to these Terms on your behalf. If you are a parent or guardian and believe we may have inadvertently collected personal information from your child, please notify us immediately by sending an email to: [email protected], detailing the basis of your belief and your request.

 

  • Privacy Policy

Please review the Privacy Policy for the Site, which is incorporated in these Terms. If you do not agree with the Privacy Policy, you are not authorized to use the Site.

 

  • Site Content and Services

On, through or in connection with the Site, we may offer language sets, quizzes, vocabulary flashcards, and similar services designed to help users enhance their foreign language proficiencies (the “Services”). We also provide content available through the Site, including without limitation text, graphics, audio, animation, videos, logos, icons, images, media, data, charts, maps, software and other information and materials (the “Content”). Some of the Services and Content are accessible without registering with us, but other Services and Content may require registration. The Content and Services are the sole and exclusive property of Foreigncy / CERCLL, their licensors, or other content providers.

 

The Content and Services are made available for your personal, non-commercial use. You agree to abide by any posted limitations relating to use, reproduction or dissemination of any Services or Content. Any uses of the Site, Services, or Content in any way not expressly permitted by these Terms is prohibited, and may be actionable under United States or international law.

Special terms may apply to some products, services or features offered on the Site, or to any events, promotions, sweepstakes, contests, surveys, questionnaires, or other activities (collectively, “Activities”) that may be offered on the Site or offline. Such special terms or rules (which may include official rules and expiration dates) may be posted in connection with the applicable Activity. By participating in any Activity you will become subject to those terms or rules. We urge you to read the applicable terms or rules which are linked from the particular Activity, and to review our Privacy Policy which, as part of these Terms, governs any information you submit in connection with such Activities. Any special terms or rules are in addition to these Terms and, in the event of a conflict, any such terms or rules shall prevail over these Terms.

 

  • Error, Inaccuracies, and Omissions

Occasionally there may be information on our Site, in our Content or Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, availability, and other content provided on behalf of Foreigncy or our partners and affiliates. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information if any information is inaccurate at any time without prior notice and without liability to us.

 

  • Modifications, Suspension and Termination

We reserve the right at any time to modify, suspend or discontinue, temporarily or permanently, the Site, Services, Content or Activities, or any portion or portions thereof, with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, Services, Content or Activities.

 

We reserve the right, at our sole discretion, immediately and without notice, to suspend, discontinue, or terminate your access to the Site, Services, Content, Activities or any part thereof for any reason or no reason at all, including without limitation any breach by you of these Terms. You agree that we shall not be liable to you or any third party for any such suspension, discontinuance or termination.

 

  • Registration and Your Personal Information

Some areas of or benefits provided by the Site may require you to register an account with us and provide us with certain information including but not limited to your name, valid email address, mailing address, and profile information. Your registration is subject to our review and approval and we reserve the right not to approve, or withdraw our approval of, your registration for any reason or no reason at any time and from time to time. In registering on or using the Site, you agree to provide, maintain, and update information that is true, accurate, current, and complete about yourself when registering and on an ongoing basis. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, or if we suspect that any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your use of the Sites or your account with or without reasons or notice to you.

 

When you register to open an account on the Site, you will be required to provide a legal name, valid email address and select a password to be used in conjunction with your account. You are responsible for maintaining the confidentiality of your password, and you are fully responsible for all uses of your password and your account, whether by you or others. You agree to (a) log out of your account at the end of each session, (b) keep your password confidential and not share it with anyone else, and (c) immediately notify us of any unauthorized use of your password or account or any other breach of security. We are authorized to act on instructions received through use of your password, and we are not liable for any loss or damage arising from your failure to comply with this Section. You may not:

register or log in to the Site using an invitation code, Member ID or e-mail address of another person with the intent to impersonate that person; register or log in to the Site using a member ID or an e-mail address subject to any rights of a person other than you without appropriate authorization; or have more than one user account.

 

  • Data Collection and GDPR Compliance

By signing up for a Foreigncy account, you consent to us gathering certain personal identifiable information in order to process your order. This may include information such as your full name and email address, but see also the Privacy Policy for other types of data that may be collected.

 

You may request for us to delete your information at any time, by emailing us. We will carry out this request within 30 business days, and your access to the Site will be terminated when your information is deleted.

 

  • Subscriptions

In December 2020 ownership of Foreigncy was transferred to CERCLL. The Site became a free resource in November 2020 and subscribers are no longer charged fees to access it. Account holders are not entitled to refunds of any fees paid prior to this date.

 

 

  • Permitted Uses

Material hosted on the Site is protected by an open access, OER license (Attribution-NonCommercial-NoDerivs, https://creativecommons.org/licenses/by-nc-nd/4.0/legalcode). You may use the Site, Content and Services for lawful, non-commercial purposes only. You may not use the Site, Content or Services in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Site, Content, or Services. You may not attempt to gain unauthorized access to the Site or any of the Content or Services, user accounts or computer or mobile systems or networks, through hacking, password mining or by any other means.

 

  1. Without limiting anything else contained herein, you agree that you shall not (and you agree not to allow any third party to):
    • Copy, modify, adapt, translate, or reverse engineer any portion of the Site, its content or materials or otherwise tamper with the Services (except as allowed in the Creative Commons license above);
    • Remove notices of or citations to any copyright, trademark or other proprietary rights contained in or on the Site or in any content or other material available on or through the Site or the Services;
    • Use any robot, spider, website search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site or the Services;
    • Reformat or frame any portion of the web pages that are part of the Site or the Services;
    • Create user accounts by automated means or under false or fraudulent pretenses; or
    • Collect or store personal data about other users in connection with the prohibited activities described in this paragraph.
    • We may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce the Terms of Use.

 

  1. Postings and Comments

The Site may contain areas for you to post messages, feedback, listings, comments, photos, sounds, images, text, files, video, post reviews, share your story, and submit comments and other content, and message or communication facilities to enable you to communicate with other users, suppliers of Services or Content, the Site, and us (collectively, “Submissions”). You acknowledge that your submissions may become available to others on the website and elsewhere. You agree to post only submissions or materials that are appropriate for general audiences and are not confidential or private. You agree that you are entirely responsible and liable for any Submissions you post, if you create an account, you are responsible for all content posted or transmitted through or by use of your account, you are the sole and exclusive owner of any submissions or materials you post and that by posting such submissions or materials, you are representing and warranting to Foreigncy and its affiliates, suppliers, vendors, merchants, licensors, and other partners, that you either own or control the said submissions or materials and that no other party has any claim of ownership to any part of the said submissions or materials.

In addition to your obligations stated elsewhere in these terms, you also agree that the following actions are prohibited and a material breach of these terms. By way of example and not limitation, you agree that you will not:

  • aggregate, copy, duplicate, publish, or make available any content to third parties outside the website in any manner other than as allowed in the Creative Commons license described above;
  • defame, abuse, harass, stalk, threaten, or otherwise violate the privacy or publicity rights of others, or impersonate anyone else or misrepresent your identity or affiliation;
  • publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, pornographic, offensive, infringing, obscene, indecent, or unlawful topic, name, material, content, or information;
  • upload or download files that contain any content protected by intellectual property laws or other laws, unless you own or control the rights or interests or have received all necessary consents or permissions;
  • upload or transmit files that contain viruses, mal-ware, disabling code, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
  • use the website to make available unsolicited advertising or promotional materials, spam, pyramid schemes, chain letters, or similar forms of unauthorized advertising or solicitation, or hack or violate any security measures;
  • falsify or delete any author attributions, legal or other notices, or proprietary designations or labels of origin or source; or
  • engage in any other action that, in our judgment, exposes us or any third party to potential liability or detriment of any type.

 

If you post content or submit material, you grant us and our affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, and display any such content in any form throughout the world in any media whether now known or hereafter developed, alone or as part of other works. You further grant us and our affiliates the right to use the name that you submit in connection with such content at our sole discretion. We will not be required to treat any Submission as confidential, and will not incur any liability as a result of any similarities between Submission and Content and Services that may appear in our Site or our operations. You represent and warrant that you own or otherwise control all rights to the content that you post, that the content is accurate, and that use of the content does not violate these terms and will not cause injury to any person or entity. You waive the opportunity to inspect or approve such use, and any obligation to identify you in connection with a submission.

We may, but are under no obligation to, monitor and edit or remove any activity or content at our sole discretion. We take no responsibility and assume no liability for any content posted by you or any third party. We do not necessarily endorse any opinion or statement contained in any submission.

 

 

  • Proprietary Rights

You acknowledge and agree that, as between us and you, all right, title, and interest in and to the Site, Services, and the Content, including without limitation any patents, copyrights, trademarks, brands, trade secrets, inventions, know-how, and all other intellectual property rights, are owned exclusively by Foreigncy or its affiliates, suppliers, vendors, merchants, licensors, or Activities partners or sponsors, and are protected by United States intellectual property and other applicable laws. You do not have and cannot claim any intellectual property rights or ownership, in whole or in part, to any of the Site, Content, or Services, whether modified or unmodified.

 

COPYRIGHT

The Site and all Services and Content, including any and all copyrights therein, are the property of CERCLL or its affiliates, suppliers, vendors, merchants, licensors, or other partners and they are protected by United States and international copyright laws. You agree not to copy, modify, distribute, transmit, display, republish, sell, resell, or exploit, or create derivative works from, for any purpose, any portion of the Site, Services or the Content other than as authorized by the OER license under which the site operates.

 

TRADEMARKS

The trademarks, service marks, logos, trade names, and trade dress (collectively, “Marks”) used on the Site are proprietary to CERCLL or its affiliates, suppliers, vendors, merchants, licensors, or other partners. Third party trademarks referenced in the Site do not constitute or imply affiliation with, endorsement of, or recommendation of Foreigncy by the respective trademark owners, or by CERCLL of the respective trademark owners.

 

  • Notice and Procedures for Making Claims of Copyright or Intellectual Property Infringement

We may in oursole discretion disable and/or terminate use by users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide CERCLL with a notice containing the following information:
– an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
– a description of the copyrighted work or other intellectual property that you claim has been infringed;
– a description of where said material is located on the website (providing URL(s) in the body of an email is the best way to help us locate content quickly);
– your name, address, telephone number, and email address;
– 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;
– a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or other intellectual property right owner or authorized to act on the copyright or intellectual property right owner’s behalf.

For notice of claims of copyright or other intellectual property right infringement, we can be reached by sending a claim to:
Attn: Copyright Agent
CERCLL, [email protected]

 

  • Links to Other Websites

The Site may contain advertisements, postings and links to websites operated by other parties. The Site provides these advertisements, postings and links as a convenience, and your use of other websites is at your own risk. The advertisements, postings and linked sites are not under our control and we are not responsible for their content or privacy practices. Such advertisements, postings, links, or references to other parties’ products or services do not imply our endorsement of information, material, products or services of any other party or any other website, or by any other party. We disclaim all liability with regard to your access to and use of such information, material, products or services or transactions with such linked websites or other parties. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other site or resource.

 

We do not host any of the Video shown on the Foreigncy website. The site doesn’t host any of the content within its own server and it links to the contents uploaded by popular Online Video hosting sites like Youtube.com, and other video hosts. This website links to these websites either directly or by an embed code. We cannot be held liable for content uploaded by other people to 3rd party sites. We urge all copyright owners, to recognize that the links contained within this site are located somewhere else on the web. If you have any legal issues please contact appropriate media file owners / hosters. All trademarks, trade names, service marks, images, copyrighted work, logos etc referenced herein belong to their respective owners/companies.

 

 

  • User Representations and Warranty

You represent and warrant that (i) your use of the Site will be in strict accordance with the Term of Use and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Site will not infringe or misappropriate the intellectual property rights of any third party.

 

  • User Indemnity of Foreigncy/CERCLL

you agree to indemnify, defend, and hold harmless Foreigncy/CERCLL and their officers, directors, employees, agents, subsidiaries, affiliates, partners, licensors, licensees, service providers, suppliers, vendors, activities partners or sponsors, merchants, advertisers, and others acting in concert with them, from and against any loss, liability, claim, or demand, including without limitation reasonable attorneys’ fees, made by you or on your behalf or by any third party due to or arising out of (a) your use of or reliance on the site, services, or any content, products, brands, or activity, your dealings in connection with the sites or us, or your submission(s) or any materials you submit or transmit to the sites or us; (b) your violation of these terms, any applicable laws, or the rights of Foreigncy/CERCLL or any third party; (c) any activity related to your account or password, if any; or (d) your use of or reliance on any user submissions.

 

  • Disclaimer of Warranties and Limitation of Liability

We provide the site, content and services “as is,” “with all faults” and “as available” without warranty of any kind, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty as to the accuracy, completeness, or reliability of the site or any services or content available through the site. we do not guarantee that the results that may be obtained from the use of the site, services or content will be effective, reliable or accurate or will meet your requirements.
We make no representations or warranties that use of the site will be uninterrupted, error-free, or that loss of data will not occur. We make no warranties about the information systems, software and functions made accessible by or through the site or any security associated with the transmission of sensitive information. You are responsible for taking all necessary precautions to ensure that any services or content you may obtain from the site is free of viruses or other harmful code. To the maximum extent permitted by law, we disclaim all liability, whether based in contract, tort (including negligence), strict liability or otherwise, and further disclaim all losses or damages, including without limitation indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the site, services, or the content, even if we have been advised of the possibility of such damages. under no circumstances shall our liability exceed total fees paid to us in connection with the site, content or services (NB. educator use of the site is free).

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. if these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

 

  • Choice of Law and Dispute Resolution

You agree that any dispute between you and us arising out of or relating to these Terms of Use, the Privacy Policy, the Site, Services or Content will be decided only by arbitration, individually, and not on a class-wide basis. You knowingly waive any right to participate in any form of “class,” “joint”, or “representative” litigation (including in any “private attorney general capacity”) against us.

 

  • Control of Site

The Site is controlled within the United States of America and is directed to individuals residing in the United States. Those who choose to access the Site from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. We do not represent that the Site, Services or Content is appropriate outside the United States of America. We reserve the right to limit the availability of the Site for any person, geographic area, or jurisdiction at any time in our sole discretion.

 

  • Termination

We may terminate and/or suspend your registration immediately, without notice, if there has been a violation of the Terms of Use or other policies and terms posted on the Site or in connection with the Services by you or by someone using your Credentials, as determined in our sole discretion, and we shall not be liable to you or any third party for any such termination.. Further, you agree not to attempt to use the Site and/or the Services or Content after any such deletion, deactivation or termination. You may terminate your Foreigncy account at any time by contacting the address at the end of these Terms of Use.

 

  • Miscellaneous

The Terms of Use and any supplemental terms, policies, rules and guidelines posted on the Site or in connection with the Content or Services, including the Privacy Policy constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of the Terms and any supplemental terms, policies, rules and guidelines posted on the Site or in connection with the Content or Services, including the Privacy Policy is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

The failure of CERCLL to exercise or enforce any right or provision of the Terms and any supplemental terms, policies, rules and guidelines posted on the Site or in connection with the Content or Services, including the Privacy Policy shall not constitute a waiver of such right or provision. You may not assign or transfer your rights or obligations under the Terms and any supplemental terms, policies, rules and guidelines posted on the Site or in connection with the Content or Services, including the Privacy Policy without the prior written consent of CERCLL, and any assignment or transfer in violation of this provision shall be null and void. CERCLL reserves the right to seek all remedies available at law and in equity for violations of these Terms and any supplemental terms, policies, rules and guidelines posted on the Site or in connection with the Content or Services, including the Privacy Policy set forth on the Site, including without limitation the right to block access from a particular internet address. The relationship between you and CERCLL is one of independent contractors. Neither you nor us will represent that you or it has any authority to assume or create any obligation, express or implied, on behalf of the other party or represent the other party as agent, employee or in any other capacity, except as specifically provided herein.

 

  • Questions?

Please contact us at [email protected] if you have questions regarding these Terms.

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