Terms of Service - LA in UA

Terms and conditions

Please read these Terms and Conditions (“Terms”, “Terms of Use”) carefully before using the https://lainua.com website (the “Service”). The Service is provided by Mariana Lisovska, a self-employed person, and is organized under the laws of Ukraine (“LA in UA”, “us”, “we”, or “our”).

By using or accessing this Website , you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions, including the Privacy Policy, and any additional , all of which or future modifications as described herein. These Terms apply to all visitors, users, and others who access or use the Website or Services from the start of his/her visit to the Website or using Services.

We do not permit those under 18 to use the Service.

If you disagree with any part of the Terms and Conditions, please do not access or use this Service.

Definitions

The following definitions and rules of interpretation apply in this agreement.

Agreement means the agreement between you and us incorporating these Terms for the provision of the Service.

Content means the transmission of information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials generated by the user.

Intellectual Property Rights means all patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered), and other similar rights wherever existing in the world, together with the right to apply for protection of the same.

Liability means the liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities arising from use of the Service.

Service means the service provided by us to you. The services on the Website are available on a paid-for basis (“Subscription Service”).

Subscription means a paid-for subscription allowing you access to paid-for services.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

Website means our Website at URL www.lainua.com.

You or your means the person or representative of an institution who uses the Service.

Permitted use of the Service

Our Website provides access to English as a Second Language (ESL) teaching tools, namely – subscription-based access to lesson plans.
Our content is made available as a paid-for Subscription service. You are not permitted to deliberately attempt to access that content without paying the applicable subscription fee.
Registered users may download and make photocopies of files indicated on the Website as being available for this purpose only for personal use or for pedagogical purposes within a class. No commercial use allowed.

User Accounts

Only one registration per person is allowed. You must keep your registration information up to date.

You must choose a personal email address or social media account which gives you frequent access to emails sent to that address, as we may need to be able to contact you. You must keep your password confidential. You warrant that you are authorized to supply this email address to us and that we can send emails to you at this address.

You must not:

impersonate or try to impersonate another person;
disclose your password to anyone else;
allow anyone else use to your account;
use anyone else’s account.

You are responsible for everything done using your account, even if someone else is using your registration details without your knowledge. If you think that someone else may have access to, or be using, your password or account, you must tell us as soon as possible by emailing ХХХ

Account suspension and deletion

We reserve the right, at our sole discretion, to suspend or delete at any time and without notice, accounts which We deem inappropriate, offensive or in violation of these Terms.

The suspension or deletion of user accounts shall not entitle You to any claims for compensation, damages or reimbursement.

The suspension or deletion of accounts due to causes attributable to You does not exempt You from paying any applicable fees or prices.

Privacy Policy

We will use your personal information in accordance with our [Privacy Policy]. You agree that they constitute part of these terms. You must read our Privacy Policy before you use the Service.

Content

You agree not to post to any site or social media account of “LA in UA” or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials that:

is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
exploits people in a sexual or violent manner;
contains nudity, violence, pornography, sexually explicit material or offensive subject matter;
provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;
promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
– solicits passwords or personal identifying information from other Users;
involves commercial activities and/or sales without Fluentize’s prior written consent, such as contests, sweepstakes, barter, advertising, and/or pyramid schemes;
includes a photograph of another person that you have posted without that person’s consent or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights;
denigrates, ridicules, or demeans another person; or
contains a virus or other harmful component.

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the web site in a manner that sends more request messages to the “LA in UA” servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.

Intellectual Property Rights

All Content on this Website is original.

This Website and its Content are protected by copyright, database rights, trademarks and other Intellectual Property Rights. All Intellectual Property rights in the Service, the Website and its content is owned by us and no right to use or licence of any of those Intellectual Property Rights is granted except as explicitly set out in these Terms.

Purchasing a subscription does not transfer any intellectual property rights to You, in particular it does not transfer any personal property or proprietary copyrights to the subject of the subscription. In particular, You have no right to make the materials publicly available in the original or changed versions, except for sharing the materials with Your students in closed and private network environments.

You must not (whether directly or indirectly) syndicate, sell or offer to sell any part of the Website or any Content, files or data from the Website, whether publicly available or not. Any such use may result in termination of access to the Service without refund.

The Service, Website, and/or Content may NOT be modified, copied, distributed, forwarded, framed, reproduced, republished, downloaded, displayed, posted, uploaded, incorporate, transmitted, sold or exploited in any form or by any means, in whole or in part, without our prior written permission, except as expressly permitted by these Terms and Conditions or by applicable copyright laws.

Subscription Service

Upon creation of an account, Services are offered through the Subscription Service “Patreon” or a payment system ‘Wayforpay’.

Individuals may purchase a Subscription offered through the Website.

The subscription with ‘Wayforpay’ covers one month, 3 months or half a year of access to the Content on the Website. The subscription with ‘Patreon’ covers one month of access to the Content on the Website.

Payment and Renewal

Prices

The price for the Subscription is an equivalent of $9, and is displayed on the Website.

The Subscription may be purchased on a monthly basis or as a one-off payment covering access for 6 months, with a discount price of $49.

All amounts and fees stated or referred to in this Agreement shall be payable in pounds sterling, Euros, US dollars or Ukrainian Hryvnia, depending on the User’s geographic location. The price for Subscription is inclusive of any applicable VAT.

The subscription prices may be changed from time to time and will be effective from the date of posting on the Website. We will also notify you by email a week in advance. By continuing to use the Service after the fee change comes into effect you agree to pay the modified Subscription fee amount.

Methods of Payments

Information related to accepted payment methods are made available during the purchasing process.

All payments are independently processed through third-party services. Therefore, this Website does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.

If payment through the available methods fail or is refused by the payment service provider, We shall be under no obligation to fulfill the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by You.

Subscription period

The Service is available as a paid monthly Subscription or a one-time half-year access (on the basis of a one-off payment covering access for the 6 month period).

Subscription is subject to automatic re-billing and will automatically renew at the end of the Subscription’s billing cycle (monthly recurring payment).

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or We cancel it.

Users may cancel the Subscription (recurring payment) at any time up to 3 working days prior to the date the payment is scheduled to take place, by writing to XXX support@lainua.com

Purchasing the Subscription entitles you to use the materials only while the Subscription is active, whether for the month or six months.

Billing

You shall provide Us with accurate and complete billing information including full name, address, state, post code, and a valid payment method information.

Subscription cancellations

You may cancel Your Subscription renewal either through Your Account settings page or by contacting Us via support@lainua.com.

Refunds

You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.

No payment or refund will be given to you for any downtime in respect of the Service or for your inability to access the Service due to technical problems beyond our control, except when required by law.

Certain refund requests for Subscriptions may be considered on a case-by-case basis and granted at Our sole discretion.

Third-Party Sites

Our Service uses and may contain links to third-party websites or services that are not owned or controlled by Us.

We have no control over, and assume no responsibility for, the availability, content, privacy policies, or practices of any third-party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Our liability

To the maximum extent permitted by applicable law, in no event shall We, nor our employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third-party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided in its current form (“as is” and/or “as available”) and we do not guarantee that the Service, or any element of the Service, will meet your particular requirements, purpose and/or expectations. We do not guarantee that any of the information and/or material provided in the Service is accurate or up-to-date.

We do not provide any warranty in respect of the Service, results, availability, and/or uninterrupted use of the Service due to any problem or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or traffic congestion on the internet or the Website.

We are not responsible for any virus or malware, and related harm, injury and damage, of any nature that your computer or other devices become in contact with while you are using our web site, tools or services. Please maintain up to date anti-virus anti-malware software at all time while you are using our web site, and related tools, services and functions.

We retain the right to add, delete, change or otherwise alter or amend Service content at any time, with or without notice, at Our sole discretion.

We may make the Website less accessible or available for your use due to emergency maintenance, the need to fix bugs, install updates and do general diagnosis and maintenance of the Website.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Governing Law

The laws of Ukraine, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. The parties submit to the non-exclusive jurisdiction of the Ukrainian courts.

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting Us.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Federal Government End Use Provisions

If You are a U.S. federal government end user, our Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about the rights and restrictions above, please contact us at support@lainua.com

BY CONTINUING TO USE OUR SITE, YOU AGREE TO ABIDE BY THESE TERMS.