Terms of Use | Outback English

The following terms and conditions govern all use of the outbackenglishcoaching.com website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by J. R. Newell Ensino de Idiomas LTDA . The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Outback English Coaching’s Privacy Policy) and procedures that may be published from time to time on this Site by Outback English Coaching (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Outback English Coaching, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.

1. Your outbackenglishcoaching.com account and site

If you create a blog on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Outback English Coaching may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Outback English Coaching liability. You must immediately notify Outback English Coaching of any unauthorized uses of your blog, your account or any other breaches of security. Outback English Coaching will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

2. Responsibility of Contributors

If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;

you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;

the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
you have, in the case of Content that includes computer code, accurately categorised and/or described the type, nature, uses and effects of the materials, whether requested to do so by Outback English Coaching or otherwise.

By submitting Content to Outback English Coaching for inclusion on our Website, you grant Outback English Coaching a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Outback English Coaching will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Outback English Coaching has the right (though not the obligation) to, in Outback English Coaching’s sole discretion (i) refuse or remove any content that, in Outback English Coaching’s reasonable opinion, violates any Outback English Coaching policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Outback English Coaching’s sole discretion. Outback English Coaching will have no obligation to provide a refund of any amounts previously paid.

3. Payment and Renewal

General Terms. By selecting a product or service, you agree to pay Outback English Coaching the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.

Automatic Renewal. Unless you notify Outback English Coaching before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorise us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time via your Subscription Page here or by submitting your request to Outback English Coaching in writing.

4. Services

By signing up to Outback English Coaching Premium Membership you are paying for access to the material in that membership. You will have access to material for the paid duration of your Premium Membership. If you cancel or pause your Premium Membership, you will have access until the end of your billing period that has been paid for.

5. Responsibility of Website Visitors

Outback English Coaching has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Outback English Coaching does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Outback English Coaching disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

6. Content Posted on Other Websites.

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which outbackenglishcoaching.com links, and that link to outbackenglishcoaching.com. Outback English Coaching does not have any control over those non- Outback English Coaching websites and webpages, and is not responsible for their contents or their use. By linking to a non- Outback English Coaching website or webpage, Outback English Coaching does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Outback English Coaching disclaims any responsibility for any harm resulting from your use of non- Outback English Coaching websites and webpages.

7.Copyright Infringement

As Outback English Coaching asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by outbackenglishcoaching.com violates your copyright, you are encouraged to notify Outback English Coaching. Outback English Coaching will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Outback English Coaching will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Outback English Coaching or others. In the case of such termination, Outback English Coaching will have no obligation to provide a refund of any amounts previously paid to Outback English Coaching.

8. Intellectual Property

This Agreement does not transfer from Outback English Coaching to you any Outback English Coaching or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Outback English Coaching. Outback English Coaching, outbackenglishcoaching.com, the outbackenglishcoaching.com logo, and all other trademarks, service marks, graphics and logos used in connection with outbackenglishcoaching.com, or the Website are trademarks or registered trademarks of Outback English Coaching. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Outback English Coaching or third-party trademarks.

9. Attribution

Outback English Coaching reserves the right to display attribution links such as ‘Blog at outbackenglishcoaching.com,’ theme author, and font attribution in your blog footer or toolbar.

10. Changes

Outback English Coaching reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Outback English Coaching may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

11. Termination

Outback English Coaching may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your outbackenglishcoaching.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Outback English Coaching if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Outback English Coaching’s notice to you thereof; provided that, Outback English Coaching can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

12. Disclaimer of Warranties

The Website is provided “as is”. Outback English Coaching and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Outback English Coaching nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

13. Limitation of Liability

In no event will Outback English Coaching, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Outback English Coaching under this agreement during the twelve (12) month period prior to the cause of action. Outback English Coaching shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

14. General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the Outback English Coaching Privacy Policy, with this Agreement 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 United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

15. Indemnification

You agree to indemnify and hold harmless Outback English Coaching, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

16. Applicable Law and Jurisdiction
These terms shall be governed by and interpreted in accordance with Brazilian law, in the Portuguese language. Any litigation or controversy or disputes involving this document are to be resolved in the courts located in Belo Horizonte, MG, Brazil.