Terms & Conditions
These Terms & Conditions ("Agreement") form a legally binding contract between you and GrapeSEED Media Ltd. ("GrapeSEED"). By using GrapeSEED products and services, including GrapeLEAF, you affirm that you are at least 18 years of age, an emancipated minor or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms & Conditions, and you agree to abide by and comply with these Terms & Conditions.
Use of all GrapeSEED products and services accessed through the Internet and the World Wide Web ("Web"') are subject to this Agreement. Please read these terms and conditions carefully, as they describe your legal rights and obligations. This Agreement shall become effective as of the date of (1) your electronic signature on or acceptance of this Agreement, (2) the activation of your GrapeLEAF account or (3) your receipt of an e-mail from GrapeSEED confirming your products or services order, whichever happens first. GrapeSEED may update these TERMS & CONDITIONS from time to time without notice. When using GrapeSEED products online, you shall also be subject to any additional guidelines or rules which may be posted from time to time on GrapeSEED Web sites. All such guidelines or rules are hereby incorporated by reference into these TERMS & CONDITIONS. Violations of these TERMS & CONDITIONS should be reported via email to .
GrapeSEED provides customers with products and services to aid in learning the English language, including but not limited to, GrapeLEAF, online video viewing, blog posts and comments, commentary, other various communications tools, forums, and personalized content. GrapeLEAF is an interactive web-based tool used to track lesson plans, training and teacher/student interactions. By using GrapeSEED products and services, you understand that such usage may include communications from GrapeSEED and other third parties, including but not limited to service announcements, administrative messages, and other messages to which you have individually subscribed. You agree that you are responsible for obtaining your own internet access to utilize certain GrapeSEED products and services, which may involve equipment and third-party fees (such as Internet service provider fees, airtime charges, or other charges associated with the display and delivery of messages) for which GrapeSEED is not responsible.
You acknowledge and agree to:
In the event that you are a minor, GrapeSEED reserves the right to provide access to your account to your parents, guardian or other authorized adult, upon such adult's request.
Upon completing the GrapeLEAF registration process, you will receive a password and account designation. You are responsible for maintaining the confidentiality of the password and account. Additionally, you are fully responsible for all activities that occur under your password or account. As such, you agree to:
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, blog or forum postings, or other materials ('Content'), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via GrapeLEAF. Although GrapeSEED may monitor Content submitted to GrapeLEAF, GrapeSEED cannot reasonably guarantee the accuracy, integrity, quality, or suitability of such Content. You understand and agree that by using GrapeLEAF, you may be exposed to Content that is offensive, indecent or objectionable. You agree not to use GrapeLEAF to:
You acknowledge, consent and agree that GrapeSEED may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
You understand that the use of GrapeLEAF may require transmission of data, including your Content, over various networks; and may require certain changes to conform and adapt to technical requirements of connecting to certain networks or devices. GrapeSEED is not responsible for any loss of data in such instances.
You acknowledge that in using GrapeSEED products and services, you may be causing communications to be sent through GrapeSEED's computer networks, portions of which may be located throughout the globe. As a result, even communications that seem to be internal to the country from which you are originating such communication can result in the transmission of communications across the globe to other countries and jurisdictions, regardless of where you are physically located at the time of transmission. Accordingly, you acknowledge that use of GrapeSEED products and services result in interstate and global data transmissions. Recognizing the global nature of the Internet, you agree to comply with all international, national and local rules regarding online conduct and acceptable content as they may apply. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
GrapeSEED does not claim ownership of Content you submit or make available for inclusion on GrapeLEAF. However, with respect to Content you submit or make available for inclusion on certain areas of GrapeLEAF, you grant GrapeSEED the following worldwide, royalty-free and non-exclusive license(s), as applicable:
By submitting ideas, suggestions, documents, and/or proposals ('Contributions') to GrapeSEED, you acknowledge and agree that:
You agree to indemnify and hold GrapeSEED and its subsidiaries, affiliates, officers, agents, employees, partners and licensors ("Affiliates") harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through GrapeLEAF, your use of GrapeLEAF, your connection to GrapeLEAF, your violation of the TERMS & CONDITIONS, or your violation of any rights of another. You expressly understand and agree that GrapeSEED and its Affiliates make no warranty that:
You expressly understand and agree that any material downloaded or otherwise obtained through the use of GrapeLEAF is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of GrapeSEED products or services, including the use of or access to GrapeLEAF.
You acknowledge that GrapeSEED may establish, and modify from time to time, general practices and limits concerning the use of GrapeLEAF, including without limitation the maximum number of days that content will be retained by GrapeSEED. You agree that GrapeSEED has no responsibility or liability for the deletion of or failure to store any content maintained or transmitted through GrapeLEAF. You acknowledge that GrapeSEED reserves the right, at its sole discretion, to log off and completely remove accounts that remain inactive for an extended period of time.
GrapeSEED reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, GrapeLEAF (or any part thereof) with or without notice. You agree that GrapeSEED shall not be liable to you or to any third party for any modification, suspension or discontinuance of GrapeLEAF.
You agree that GrapeSEED may, for any reason or no reason and without prior notice, at its sole discretion, immediately terminate your GrapeLEAF account and access to GrapeLEAF, and shall not be liable to you or any third party for any such termination of your account or access to GrapeLEAF.
You acknowledge that your dealings with any parties met or found on or through GrapeLEAF are solely between you and such party. You agree that GrapeSEED shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
GrapeSEED may provide, or third parties may provide, links to other Web sites or resources. You acknowledge and agree that GrapeSEED has no control over, is not responsible for the availability of, does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such third party Web sites or resources. You acknowledge and agree that GrapeSEED is not responsible in any way for any damage or loss caused by or in connection with use of or reliance on any such Web site or resource.
You acknowledge and agree that GrapeSEED products and services contain proprietary and confidential information that is protected by copyrights, trademarks, service marks, patents and other intellectual property laws. Except as expressly authorized in writing by GrapeSEED, you agree not to copy, modify, rent, lease, loan, sell, distribute, publicly display, publicly perform or create derivative works based on GrapeSEED products or services, including GrapeLEAF, in whole or in part.
The trademarks, logos, service marks, and product and service names related to GrapeSEED and GrapeLEAF are trademarks of GrapeSEED Media, Ltd. You agree not to display or use GrapeSEED marks in any manner without the express written consent of GrapeSEED.
You expressly understand and agree that GrapeSEED and its Affiliates shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if GrapeSEED has been advised of the possibility of such damages), resulting from:
You agree that, except as otherwise expressly provided within this Agreement, there shall be no third-party beneficiaries to this Agreement.
GrapeSEED may provide you with notices, including those regarding changes to these TERMS & CONDITIONS, including but not limited to email, regular mail, SMS, MMS, text message, postings on GrapeLEAF, or other reasonable means now known or hereinafter developed.
GrapeSEED respects the intellectual property of others. We ask our users to do the same, particularly where it pertains to using GrapeLEAF. GrapeSEED may, in appropriate circumstances and at its sole discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send the following information to :