PLANET FRENCH LICENSE/Membership Agreement

 

 

PLANET FRENCH LICENSE/Membership Agreement

 

In a nutshell: 

All products including videos, texts, images and everything on our sites belong to us and are copyright protected. You may not copy it, or share it with anyone.

A teacher with a single user license may not share their access with other teachers or students but may show the content of the site in their classes using whiteboards or projectors.

A teacher wishing to give access to their students on tablets or otherwise must purchase a school license. Each student will receive their own access codes. School licenses come with expiry dates and are renewable. Prices can change without notice.

We reserve the right to terminate any license without refund if we deem that access was abused.

The details:

It is agreed that:

 

The document MEMBERSHIP SERVICES QUOTE AND ORDER FORM is subordinate to this Agreement.

The services: Planet French Membership License. We (Kelada Booksmarts.biz inc.) will provide access to the videos on Planet French for one calendar year to Standard area of our membership site containing videos (for streaming only), to up to the number of French teachers in your school or board described in our MEMBERSHIP SERVICES QUOTE AND ORDER FORM for the purpose of showing the videos in class to help teach French. Those teachers are granted public presentation rights (PPR) to our videos for the schools part of your board in which they teach for the duration of this Agreement.

You acknowledge and agree that all content on our site is the sole property and copyright of Booksmarts. In addition, you acknowledge that Booksmarts owns all right, title, and interest in and to Booksmarts’ trademarks, trade names, service marks, inventions, copyrights, trade secrets, patents, technology, software, and know-how related to the design, function, or operation of the Service. Your rights to the Services are strictly limited to the rights expressly granted in this Agreement.

You acknowledge that the access may be offered in various separately priced service levels or packages (“Service Plans”), and you will only receive the Service Plans that you have registered for, and for which you are paying all associated fees.

You may upgrade to a higher Service Plan, if available, at any time during the term of this Agreement by completing and submitting Booksmarts’ then-current upgrade request form. Upon any such upgrade, you agree to pay the increased fees for that Service Plan in accordance with this Agreement. Upgrade pricing for the subscription period in which the upgrade occurs will be prorated in proportion to the number of days remaining in that subscription period at the time the upgrade becomes effective.

Booksmarts may update the content on its site periodically for improvements. Booksmarts reserves the right to modify, enhance, or supplement the Services at any time in its sole discretion, provided that those modifications do not materially and adversely affect your rights or obligations under this Agreement.

None of your teachers nor any member of your school board will copy or duplicate any content on our site, nor give access to our membership site and its content to anyone else.

If we determine that one or more of your teachers or staff breaches any terms in this agreement, or shares their access with others, or abuses the Service, they will be removed from the site and denied further access. We reserve the right to terminate this agreement without refund should we deem abuses of the Service.

Registration process: To sign up for or receive any Service, you must submit or maintain on file with Booksmarts certain registration data, as requested by Booksmarts. Such registration data shall include, but not be limited to, your teachers and/or your student’s name, email address, school name and city. Booksmarts will then batch register your teachers and/or students and email each one their user name and password as well as our membership site address.

User account maintenance: Each member is responsible for maintaining their account details up to date. Booksmarts provides an automated “forgot password” process. Any additional support on the Service is paid support.

Terms of payment: Registration process will begin upon receipt of full payment of the Agreement price.

Pricing changes and other modifications: Booksmarts may change its Service fees, or any other terms of this Agreement, at any time. New pricing terms will become effective beginning with the next full billing cycle. You will be notified of the changes at least 30 days before the next full billing cycle. If you do not agree to any changes in accordance with this Section, you must cancel your account or the affected Service as provided herein before the given changes become effective; otherwise you will be deemed to have accepted and agreed to the changes.

Price: The price for the Services is that quoted to you on our MEMBERSHIP SERVICES QUOTE AND ORDER FORM, plus applicable taxes and is non-refundable.

Duration and cancellation of services: This Agreement is for 12 consecutive months of Service. It begins on the day we receive your order for SERVICES. You or Booksmarts may terminate this agreement by giving written notice to the other party at least 30 days before the Agreement’s expiration date. If no such notice is given, Agreement will renew automatically for another 12 month period.

Limitation of warrantee: IN NO EVENT WILL Booksmarts BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR INDIRECT DAMAGES OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, LOSS OR DAMAGE OF DATA, PERSONAL DAMAGES AND DAMAGE TO BUSINESS REPUTATION, UNDER ANY THEORY OF LAW OR EQUITY, AND WHETHER OR NOT Booksmarts IS NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, IN NO EVENT WILL Booksmarts’ TOTAL, CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT RECEIVED BY Booksmarts FROM YOU UNDER THIS AGREEMENT.

This Agreement is governed in accordance with the laws of the province of Quebec.