Terms of Use

Terms of Service

 

In consideration of your use of toeic, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.

 

You are responsible for maintaining the confidentiality of your toeic account password, and are responsible for all activities that occur under your account. You agree to immediately notify toeic of any unauthorized use of your password or account or any other breach of security. toeic cannot and will not be liable for any loss or damage arising from your failure to comply with this Section

toeic reserves the right to refuse service to anyone at any time without notice for any reason.

 

APPROPRIATE CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. You understand that by using toeic services, you may be exposed to Content that is offensive, indecent or objectionable.

You agree that you are responsible for your own conduct and Content while using toeic and for any consequences thereof. You agree to use toeic only for purposes that are legal, proper and in accordance with these Terms of Service and any applicable policies or guidelines. By way of example, and not as a limitation, you agree that when using toeic, you will not:

·         defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

·         upload, post, email or transmit or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful Content;

·         upload, post, email or transmit or otherwise make available any Content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such Content;

·         upload, post, email or transmit or otherwise make available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, these Terms of Service or any applicable policies or guidelines.

·         download any file posted by another that you know, or reasonably should know, that cannot be legally distributed in such manner;

·         impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;

·         restrict or inhibit any other user from using and enjoying toeic services;

·         use toeic services for any illegal or unauthorized purpose;

·         remove any copyright, trademark or other proprietary rights notices contained in or on toeic services;

·         interfere with or disrupt toeic services or servers or networks connected to toeic services, or disobey any requirements, procedures, policies or regulations of networks connected to toeic services;

·         use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of toeic services or collect information about users for any unauthorized purpose;

·         submit Content that falsely expresses or implies that such Content is sponsored or endorsed by toeic;

·         create user accounts by automated means or under false or fraudulent pretenses;

·         promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or

·         transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.

International users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to the United States or your country of residence.

While toeic prohibits such conduct and Content in connection with toeic, you understand and agree that toeic may or may not pre-screen Content and shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse or move any Content submitted to toeic.

You also understand and agree that you nonetheless may be exposed to such conduct and/or Content and that you use toeic at your own risk.

 

PROPRIETARY RIGHTS

toeic’s Rights

You acknowledge and agree that toeic and any necessary software used in connection with toeic services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through toeic services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by toeic or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on toeic services or the Software, in whole or in part.

toeic grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to toeic services. You agree not to access toeic by any means other than through the interface that is provided by toeic for use in accessing toeic services.

Your Rights

toeic claims no ownership or control over any Content submitted, posted or displayed by you on or through toeic. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through toeic and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through toeic services which are intended to be available to the general public, you grant toeic a worldwide, non-exclusive, royalty-free license to reproduce, modify, adapt, publish, and otherwise use, with or without attribution such Content on toeic services solely for the purpose of displaying, distributing and promoting toeic services. This license terminates when such Content is deleted from the toeic service to which you originally submitted. toeic reserves the right to syndicate Content submitted, posted or displayed by you on or through toeic and use that Content in connection with any of the services offered by toeic. You represent and warrant that you hold all necessary rights (including without limitation any copyright, trademark, patent, publicity or other rights) in the Content.

 

POLICIES REGARDING COPYRIGHT, TRADEMARKS, AND BRAND FEATURES

It is our policy to respond to notices of alleged infringement that comply with the United States Digital Millennium Copyright Act or other applicable law.

Any use of toeic's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features must be in compliance with this Terms of Service and in compliance with toeic's then current Brand Feature use guidelines, and any content contained or reference therein.

By submitting Content to toeic, you authorize toeic to use your trademarks, service marks, trade names, proprietary logos, domain names and any other source or business identifiers in connection with toeic's authorized distribution of the Content.

 

SUBMISSION OF CONTENT THROUGH A DATA FEED

Certain types of Content may be submitted to toeic electronically via technical specifications provided to you by toeic (the "Data Feed"). You agree to comply with the then-current specifications provided by toeic to enable proper delivery and display of the Content. If the Content submitted via the Data Feed contains URLs (or equivalent thereof) that you are submitting to toeic, you agree that toeic has the right to access, index, cache or crawl the URL(s) (or equivalent thereof), the Content itself, or any portion thereof (without regard to any robots.txt file which does not authorize crawling) in connection with toeic's authorized use of the Content.

 

GENERAL PRACTICES REGARDING USE AND STORAGE

You agree that toeic has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by toeic services. You acknowledge that toeic has set no fixed upper limit on the number of transmissions you may send or receive through toeic services or the amount of storage space used; however, we retain the right, at our sole discretion, to create limits at any time with or without notice.

 

NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, or resell any portion of toeic services, use of toeic services, or access to toeic services.

 

MODIFICATIONS TO SERVICE

toeic reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the toeic service (or any part thereof) with or without notice. You agree that toeic shall not be liable to you or to any third party for any modification, suspension or discontinuance of toeic services.

 

TERMINATION

You may cancel your use of toeic services and/or terminate this Terms of Service with or without cause at any time by providing notice to toeic at support@cpathailand.co.th; provided, however, that a terminated account may continue to exist for up to two business days before such cancellation takes effect. toeic may at any time and for any reason, including a period of account inactivity, terminate your access to toeic services, terminate this Terms of Service, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system. Except as set forth above or unless toeic has previously canceled or terminated your use of toeic services (in which case subsequent notice by toeic shall not be required), if you have provided an alternate email address, toeic will notify you via email of any such termination or cancellation, which shall be effective immediately upon toeic's delivery of such notice. Sections 13 through 19 of the Terms of Service (including the section regarding limitation of liability), shall survive expiration or termination.

 

LINKS

toeic services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because toeic has no control over such sites and resources, you acknowledge and agree that toeic is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that toeic shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

 

INDEMNITY

You agree to hold harmless and indemnify toeic, and its subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, from and against any third party claim arising from or in any way related to your use of toeic services, violation of these Terms of Service or any other actions connected with use of toeic services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, toeic will provide you with written notice of such claim, suit or action.

 

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF toeic SERVICES IS AT YOUR SOLE RISK. toeic SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. toeic EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

toeic MAKES NO WARRANTY THAT (i) toeic SERVICES WILL MEET YOUR REQUIREMENTS, (ii) toeic SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF toeic SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH toeic SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF toeic SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM toeic OR THROUGH OR FROM toeic SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

 

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT toeic 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 toeic HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE toeic SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM toeic SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON toeic SERVICES; OR (v) ANY OTHER MATTER RELATING TO toeic SERVICES.

 

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

 

NOTICE

You agree that toeic may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on toeic services