The Terms of Use below is effective for all members

Last Updated on February 14, 2018

WeLing Terms of Use

Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the https://www.weling.com web site (the "Service") operated by Unified Enlightenment, a sole proprietorship organized under the laws of the state of Maine (“UE”, "us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, tutors, content providers, and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Use of This Web Site

Our web site provides language learning tools, as well as access to literature and an educational community. The information on the web site is for information purposes only. It is believed to be reliable, but we do not warrant its completeness, timeliness or accuracy. User accesses, uses, and relies upon such content at user’s own risk.

Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you or UE cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting the UE customer support team.

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide UE with accurate and complete billing information including full name, address including state, city, zip code, and country, and a valid payment method information. By submitting such payment information, you automatically authorize us to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, we will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

From time to time, and at UE’s sole discretion, we may offer promotions or competitions with free subscriptions as prizes. There is no cash value for subscriptions and such subscriptions are not guaranteed and do not guarantee continued services in the event UE discontinues offering the Service.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. We will request your name, address, birthday, gender, and invite you to complete a brief user bio and link to your website, if applicable.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.

Fee Changes

UE, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

UE will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

Upon termination, your right to use the Service will immediately cease.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Refunds

All fees paid are nonrefundable, however certain refund requests for Subscriptions may be considered by UE in the event of unavailability of services or technical issues and granted in our sole discretion.

Content

You agree not to post to any site, application or forum of UE or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content” means the transmission of information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials generated by a user) 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 Members;

• involves commercial activities and/or sales without UE’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 UE 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

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of UE and its licensors. The Service is protected by copyright, trademark, and other laws of the United States, United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of UE.

Submitted Publications

UE may, at its sole discretion, provide a platform through which users (Content Providers) may offer books or other original content for sale. In such event, publication is not guaranteed upon submission. Payment for such content shall be made through the Service and the Company shall retain a commission in the amount of 30%. Any payments issued therefor shall be paid through a third-party payment processor and all fees charged by the processor are the responsibility of the author.

By uploading your file to our site, you grant us a non-transferable nonexclusive royalty-free worldwide license to reproduce your content and the intellectual property rights within it (Your Digital Content) and grant sublicenses to distribute copies of the file and the intellectual property rights within it under a suitable license (the End User License) in any territory and until otherwise notified. You can notify us and cancel this license at any time by deleting the file containing Your Digital Content from your control panel after logging into our website.

Once you have uploaded your file, you will set the sale price and decide whether sales taxes will be charged. All tax is the responsibility of the Content Provider. We will then provide you a link to a hosted checkout page which you can use to promote Your Digital Content, with End Users able to purchase copies of Your Digital Content directly from us via that page. When an End User uses your hosted checkout page to purchase a copy of Your Digital Content, we will distribute a copy of Your Digital Content.

All payments will be made to you by the End User via Paypal or Stripe or any other payment gateway we choose to support.

You must have an active Paypal or Stripe account, or other third party payment processing service selected at UE’s sole discretion, to use our service and you must abide by and adhere to their respective terms, conditions and policies (currently Paypal terms, Stripe terms) in order to use our site.

Our fee is 30% of the gross sale price of each copy of Your Digital Content, which you agree will be deducted from your Paypal or Stripe account, or other third party payment processing service selected at UE’s sole discretion, at the point of sale each time a purchase is made through your hosted checkout page by an End User.

You retain all rights (including all intellectual property rights and any derivative works) in, or in relation to, Your Digital Content that are not expressly granted to us under these terms and conditions and you are free to market, sell and promote Your Digital Content directly or via any other digital distribution platform. You are free to implement digital rights management measures into Your Digital Content as you see fit and at your own cost to ensure that Your Digital Content is used within the scope of the rights granted to End Users.

You warrant to us that you have the full power and authority to enter into and perform your obligations under these terms and conditions, and further that Your Digital Content does not infringe the intellectual property rights of any third party. If you discover that Your Digital Content is infringing on the intellectual property rights of any third party, you should immediately delete the file from your dashboard so that no further infringement takes place.

You agree to indemnify us against all claims, liabilities and expenses arising out of any claim that Your Digital Content infringes the rights of any third party in any territory. Any indemnity you provide to us under these terms and conditions only applies to the extent that we promptly notify you in writing of any claim or lawsuit relevant to the indemnity, and we will make no admissions or settlements without your prior written consent.

We will not modify Your Digital Content in any way (except for the file's metadata, e.g. date of last modification or access). If in our opinion Your Digital Content infringes or is likely to infringe any intellectual property right of any third party, we may remove the file containing Your Digital Content from our service without providing prior notice to you. We will comply with all applicable laws in performing our rights and obligations under these terms and conditions and we shall obtain, at our own cost, all clearances consents and provisions required in connection with distributing copies of Your Digital Content.

Tutors

UE may, at its sole discretion, individually enter into agreements with tutors to perform educational services for its Users through the WeLing platform. In such event, tutor applicants are not guaranteed acceptance. Upon approval, the Company shall contract individually with tutors on a commission basis, at a current 20% rate which is subject to change at any time with or without notice. In addition to other contractual restrictions, we reserve the right to terminate the agreement with any tutor who attempts to elicit payment from Users outside of the platform or contract for services with any User that was initially encountered through WeLing services.

Third-Party Sites

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

UE has no control over, and assumes no responsibility for, the availability, content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that we 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 web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Indemnification

Any information provided to UE by the User is truthful to the best of the User’s knowledge and in the event any such information changes, the User shall notify the UE of any such change within a reasonable amount of time. You agree to defend, indemnify and hold harmless UE and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation of Liability

No license to the user is implied in these disclaimers. Nothing herein shall be construed as limiting or reducing UE’s responsibilities and obligations to clients in accordance with applicable laws and regulations.

In no event shall UE, nor its directors, 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 are provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance

UE, its subsidiaries, affiliates, and its licensors do not warrant that a) the Services will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service are free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

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.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Exclusions

Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will UE ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by UE or any person for whom UE is responsible, and even if UE has been advised of the possibility of such loss or damage being incurred.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Digital Millenium Copyright Act Infringement Notices and Counter-Notices

A. Infringement Notices

If you believe there is content on the WeLing website or mobile application that violates copyright law, let us know. Specifically, send us an email or letter that includes substantially the following:

● A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

● Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

● Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

● Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

● A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

● A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The notice should be sent to together@weling.com.

The Company reserves the right to review the allegedly infringing material and independently determine whether it is infringing.

We may display a copy of your DMCA notice in place of the removed content.

B. Counter-Notices

If you believe material you posted to the Company’s site was not infringing, you can submit a counter-notice.

A counter-notification must include the following:

● Identification of the specific URLs of material that the Company has removed or to which it has disabled access.

● Your full name, address, telephone number, and email address.

● The statement: "I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside of the United States, the judicial district in which the Company is located, and will accept service of process from the claimant."

● The statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."

A scanned physical signature or a valid electronic signature is fine.

The notice should be sent to together@weling.com.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. If you are concerned about protecting your anonymity, please consult with an attorney about other options.

Please also be advised that in appropriate circumstances we terminate repeat infringers.

Governing Law

We will try to solve any disagreements quickly and efficiently. The Site Terms and Conditions, and any dispute concerning or relating to the web site or your use of the web site, shall be governed by the laws of the state of Maine without regard to conflict of laws principles. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

The caption to each Section of these Site Terms are for convenience of reference only and shall be ignored in the construction or interpretation hereof.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try 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, you must stop using the Service.

Privacy Policy

Please refer to our Privacy Policy. You agree that they constitute part of these terms. You must read our Privacy Policy before you use the Service.

Contact Us

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

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