DailyEnglishPractice. (“DEP”) is dedicated to helping people around the world practice and master whatever they are learning. When you share information with us we can help you achieve that goal by helping you find the right content and making your studying quicker and more effective.
It is DEP's policy to respect your privacy regarding any information we may collect while operating our website and the two DEP mobile applications. To accomplish this, we have a few fundamental principles:
- We only collect your personal information when we need it, and only what we need to provide you with our services.
- We don't share your personal information with anyone except to provide and develop our services, comply with the law, or protect the rights, property or safety of DEP, our users or the public.
- We don't store your personal information unless it’s required for the ongoing operation of our services.
- We give you control over how your personal information is used, including what's made visible to the public, seen by search engines, kept private, and deleted.
What information we collect
We need to collect certain information about you to provide you with the Service or the support you request. The type of information we collect can vary depending on how you access and use our Service. Additionally, you can choose to voluntarily provide information to us.
Information you provide to us to use the Service
We collect the information you provide when you sign up for a DEP account, log in to your account, communicate with us, answer our surveys, upload content, or otherwise use the Services.
We request an email address and date of birth when you choose to sign up for the Service so we can provide the Services to you and allow us to comply with applicable regulations. Without this information, we are not be able to provide you with the Service.
Users who engage in financial transactions with DEP, for example to purchase an upgraded membership subscription, are asked to provide additional information in order to complete the transaction, such as a credit card number, billing address and full name.
Visitors can always refrain from supplying certain information, but it may prevent them from engaging in certain DEP services which require that information.
Information you provide to enhance your experience
You can choose to provide us with additional information in order to obtain a better user experience when using the Service. This additional information will be processed with your consent and/or to provide you with services you request. This information includes your survey responses, participation in contests, promotions or other marketing efforts, suggestions for improvements, referrals, or any other actions on the Service.
Information we get automatically when you use DEP
We automatically collect information about you and how you use the Service, like when you create a study set, join a class, or view and interact with your or other users’ content. This information we collect includes:
Like most website operators, DEP collects information about how users visit our site and the devices they use. We collect device-specific information (such as your hardware model, operating system version, device identifiers like IDFA and UDID, and mobile network information). DEP may associate your device identifiers or other device information with your DEP Account to help us provide consistent services across your devices.
We may use your IP address to generate a general approximation of where you are located in order to provide you with an improved experience. We do not request access to or collect location sensor information, such as GPS or Bluetooth beacons, from your mobile device while downloading or using our mobile apps or services.
When you use DEP, we automatically collect and store certain information about this activity. This data includes details of how you used our service, like your search queries, clicks and site navigation information, or study activity. It also may include data such as:
- Browser type
- Language preference and time zone
- Referring site, and the date and time of each visitor request
- Connection information like ISP or mobile operator
- Internet Protocol (IP) address
- Log-in and Log-out times
Information we collect from other sources
We also collect some information from other sources and combine that with information we collect from you. We do not control, supervise or respond for how the third parties providing your information process your personal data, and any information request regarding the disclosure of your personal information to us should be directed to such third parties.
The information we collect about you from third parties includes:
Facebook Connect and Google Login
You have the option to log in to our site using sign-in services such as Facebook Connect and Google Login. These services authenticate your identity and provide you the option to share certain personal information with us, such as your name, date of birth, and email address, to pre-populate our sign-up form. You may, optionally, choose to provide additional information during the sign-up or linking process, such as a friends list, to enable certain features on DEP.
DEP may receive information about you from other users. For example, if another user chooses to use our referral service to tell a friend about our website, we may ask that user for their friend’s name and email address so we can send the invites on their behalf. You may contact us at dailyenglishpractice/contact to request that we remove your information from our database.
Other partners and companies
DEP may also receive information about you from other sources, including our partners, service providers or other third parties.
Information from Children
While DEP is intended for users age 13 and over, if a child requests access to our website we accommodate them by offering a limited feature set and restricted website experience that removes certain features. We offer this restricted experience (“Child Account”) for accounts of all users below the age of 13 and for some users below the age of 16 where applicable under local law.
DEP does not accumulate personal information about any Child Account for distribution, sharing, or selling, except as described in this Privacy Notice. To create an account, we require the user to submit a date of birth, username and email address. We collect a parent’s email address from a child under the age of consent if they attempt to register in order to notify the parent of their child’s use of DEP and, where required, to seek parental consent for use of that data.
We do not condition a child's participation or access to any activity on DEP on the child providing any personally-identifying information or any more information than is reasonably necessary for that activity.
We may use aggregated or de-identified information about children for research, analysis, marketing and other commercial purposes.
Third Party Service Providers
Where necessary, we use restricted versions of our third-party services (for example, Google Analytics) that limit data sharing and tracking on areas of our site and mobile apps that are accessed by children to support our internal operations.
Parents and legal guardians of children under 13 can consent to collection and use of a child's personal information without consenting to the disclosure of that information to third parties.
Parents or guardians can review information their children under 13 have contributed to DEP by accessing their child's account via password reset. Parents can also request that DEP delete that information and refuse to allow DEP to collect further information from their children by contacting DEP at [email protected]. DEP may ask additional questions or take other steps to verify the identity of a parent or guardian before responding to a request to review or delete a child's information or a request to refuse further collection from a child.
How we use your information
We collect information about you when you use the Service for a variety of reasons in order to support DEP and to enable our team to continue to create engaging experiences for our users.
Providing, Analyzing, Improving and Developing the Service
We process the data we collect about you to operate, improve and develop the DEP Service, including providing, maintaining, securing and improving our services, developing new ones, and protecting DEP and our users. We are able to deliver our services, personalize content, and make suggestions for you by using this information to understand how you use and interact with our services. We conduct surveys and research, test features in development, and analyze the information we have to evaluate and improve products and services, develop new products or features, and conduct audits and troubleshooting activities.
Here are some examples of how we use this information:
- Providing, maintaining and improving the DEP Service. The information we collect from you allows us to help you log in, host your content, and use the various study tools we have. It also allows us learn about how you and others use DEP to help create new activities and services, like DEP Live.
- Improving, personalizing and facilitating your use of the Service. When you sign up and use a DEP account, we may associate certain information with your new account, such as information about other DEP accounts you had or currently have, and your prior usage of the Service. For example, we use information collected from cookies and other technologies, like pixel tags, to save your language preferences, so we will be able to have our services appear in the language you prefer. We do this in order to ensure that content from the Service is presented in the most effective manner for you.
- Measuring, tracking and analyzing trends and usage in connection with your use or the performance of the Service. In order to develop and enhance our products and deliver a consistent, secure and continuous experience, we need gather certain information to analyze usage and performance of the Service.
- Fulfilling any other purpose disclosed to you in connection with the Service.
Communicating with You About the Service
We also process the data we collect about you to provide you with relevant information about the Service and to assist you in using the Service if required.
These communications may include:
- Sending you information we think you may find useful or which you have requested from us about our products and services. We may send you information about the parts of DEP you use or that may be relevant to you. While we primarily use our various product blogs to communicate this type of information and we expect to keep this type of email to a minimum, you may object to being contacted for these reasons using your personal contact information using the mechanisms provided in the DEP service or using the information provided below.
- Conducting surveys and collecting feedback about the Service. We do this to evaluate the effectiveness of any updates we provide.
- Delivering assistance or answering support requests. We send you the information and support you request, including technical notices, security alerts, and other administrative messages to provide assistance for problems you may encounter with the Service or your DEP account.
Protecting the Service and Maintaining a Trusted Environment
We use the data we collect to maintain DEP as a safe and secure platform for all our users, including appropriate enforcement of DEP policies, as well as compliance with the law and applicable regulations.
These efforts include:
- Preventing fraud, crime and abuse and the security and integrity of the Service. This includes investigating, detecting and preventing or reporting fraud, misrepresentations, security breaches or incidents, other potentially prohibited or illegal activities or to otherwise help protect your account.
- Protecting our and third parties’ rights and property and enforcing our Terms of Service or other applicable agreements or policies, including our Community Guidelines and Honor Code.
- Verifying your identity. In some cases, we may need to verify your identity in order to protect the security and integrity of the Service and your account.
- Complying with any applicable laws or regulations. This includes appropriately responding to lawful requests for information from the government or third parties through legal process.
- Contacting you to resolve disputes, collect fees and provide assistance with the Service.
Advertising, Analytics and Marketing
In order to support the DEP business and provide our users with relevant information regarding the Service and opportunities presented by partners, DEP may use your personal information for the purposes of:
- Marketing the Service.
- Communicating with you and others about opportunities, products, services, contests, promotions, discounts, incentives, surveys, and rewards offered by us and select partners.
- Displaying relevant advertising to you while using the Service.
While we expect marketing and promotional material will not be voluminous, you may choose to object to this use of your data at any time and opt-out of receiving future offers or marketing material.
This Privacy Notice does not apply to, and we are not responsible for, third-party cookies, web beacons, or other tracking technologies, which are covered by such third parties’ privacy policies. For more information, we encourage you to check the privacy policies of these third parties to learn about their privacy practices. For more information about targeted advertising specifically, please visit this site.
You may receive promotional messages from DEP when you first interact with the Service or by making a request to us. You can opt out of receiving promotional messages from DEP at the time we collect your information by following the instructions on screen, in those messages, or by changing your notification settings in your DEP account. Opting out of receiving communications may impact your use of the Services. If you decide to opt out, we can still send you non-promotional communications, such as digital receipts and messages about your account or our ongoing business relations.
We can use third-party service providers to provide site metrics and other analytics services. These third parties can use technologies discussed below, such as cookies, web beacons, and other technologies, to collect information, such as your IP address, identifiers associated with your device, other applications on your device, the browsers you use to access the Service, the pages viewed, how much time you spend on a page or DEP overall, links you clicked, and activity information (for example, study sessions you have completed). This information can be used by DEP and third-party service providers on behalf of DEP to analyse and track usage of the Service, determine the popularity of certain content, and better understand how you use the Service. The third-party service providers that we engage are bound by confidentiality obligations and other restrictions with respect to their collection, use and disclosure of your information.
Advertising on DEP
DEP and our third-party advertising partners may serve advertisements when you visit our website. In order to provide advertisements about goods and services of interest to you, DEP and our third-party advertising partners may use information collected from you, or from devices associated with you (not including your name, address, email address or telephone number), and your visits to this and other websites to show you more relevant ads. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here.
We use Google DoubleClick and OpenX to serve ads. You may choose to opt out of interest based advertising for DoubleClick or OpenX at any time. DEP does not provide any personally-identifying information to advertisers.
We may process data for any other purpose disclosed to you in connection with the Service from time to time. If we intend to process your personal data for a purpose other than that set out above and which is not compatible with the original processing purpose, we will provide you with relevant information prior to such processing and will obtain your consent where necessary.
Technologies such as cookies, beacons, tags and scripts are used by DEP and our partners' affiliates, or analytics or service providers, to collect and store data about our users in order to provide the Service in accordance with our agreement with you under the Terms of Service and are an essential technology for allowing DEP to pursue our legitimate interests in operating and improving the Service.
Cookies are small pieces of text sent to your browser by a website you visit. Some of the cookies used in the Services are set by us, and others are set by third parties who deliver services on our behalf. Most web and mobile device browsers are set to automatically accept cookies by default. However, you can change your browser settings to prevent automatic acceptance of cookies, or to notify you each time a cookie is set.
You also can learn more about cookies by visiting this site, which includes additional useful information on cookies and how to block cookies on different types of browsers and mobile devices. Please note, however, that by blocking or deleting cookies used on DEP, you may not be able to take full advantage of the Service.
Among other things, cookies support the integrity of our registration process, retain your preferences and account settings, help evaluate and compile aggregated statistics about user activity, and provide you with relevant information about the Service.
We begin collecting information about you or from activity on devices you use as soon as you use the Service. By using the Service, you permit us to collect and use your information from activity on devices you use in accordance with this Privacy Notice. These technologies are also used for analyzing trends, administering the site, tracking how users use and navigate the site and to gather demographic information about our user base. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.
Like cookies, we use mobile analytics software to pursue our legitimate interests in operating and improving DEP by allowing us to better understanding of the functionality of our mobile software on your device. This software may record information such as how often you use the application, the events and activities that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We do not link the information we store within our analytics software to any personally-identifying information you submit within the mobile app or the Service.
Web beacons are electronic images that can be used in the Service or emails. We use web beacons to deliver cookies, track the number of visits to our website, understand usage and campaign effectiveness, and determine whether an email has been opened and acted upon.
Third parties, with whom we partner to provide certain features on our site or to display advertising based upon your web browsing activity, may use Local Storage to collect and store information. Various browsers may offer their own management tools for removing data from Local Storage, so we would encourage you to review the practices and policies of your browsers.
Social Media Widgets
Managing Your Account
You remain in control of the information you provide to DEP. You may review, edit or delete any information you submit to us at any time by signing into your DEP account; however, deletion of this information may restrict your ability to effectively use the Service. You may also delete your account at any time. If you delete your account, all the study sets, folders, and classes that you've created will also be also deleted in accordance with our data retention practices.
For users with Child Accounts, the parent also retains control of the information the child provides to DEP. Parents may review, edit or delete their child’s account’s content or account at any time by signing into the child’s account. If the parent deletes the account, all the study sets, folders, and classes the child created are also deleted. A parent may request updates or corrections to a Child Account’s registration information by contacting [email protected]. We will respond to these requests within a reasonable timeframe.
How your information is shared
Information you choose to share on DEP
Certain information about you or activities you perform on DEP may be displayed publicly, for example, information included on your user profile, classes you have joined, high scores you have achieved, or sets you have studied may be visible to others. Whenever possible, we provide you with choices about the privacy of your information on DEP. For example, we provide you the ability to control who can view and modify the content you have created on DEP and to remove information about previous study sessions.
Comments you post on our blog or in testimonials may be viewable by other users of DEP and the general public and you should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from these areas, contact us at dailyenglishpractice.com/contact. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.
How DEP shares this information
DEP does not share your information unless one of the following conditions applies:
With your consent
We will share personal information with companies, organizations or individuals outside of DEP when we have your consent to do so.
For external processing
DEP provides personal and non-personal information to our partners, trusted organizations, vendors and other affiliated organizations to process it on our behalf. Some of these contractors and affiliated organizations may be located outside of your home country. Our providers process data in accordance with our instructions, Privacy Notice and any other appropriate confidentiality, security or other requirements we deem necessary in order to comply with DEP’s obligations. By using DEP, you agree to allow these companies to process your data on our behalf, regardless of where they are located.
We regularly update a list of our partners, service providers and subprocessors
To respond to legal and other requests and to prevent harm
DEP will share personal information with companies, organizations or individuals outside of DEP if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
- Respond to or meet any applicable law, regulation, legal process or other enforceable governmental request.
- Enforce our Terms of Service, including investigation of potential violations.
- Detect, prevent, or otherwise address fraud, security or technical issues.
- Protect against and prevent harm to the rights, property or safety of DEP, our users or the public as required or permitted by law.
If DEP is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our website of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.
Publically or for research purposes
From time to time, DEP may release non-personal information in the aggregate or as part of anonymized datasets, for example, by publishing a report on trends in the usage of its website.
How long we retain your information
DEP retains your personal information for as long as your account is active, to fulfill our legitimate business purposes, or to comply with our legal obligations. When these conditions no longer exist, DEP removes that information in accordance with our standard deletion processes. DEP may retain and use non-personal information, including information which has been de-identified, aggregated, or anonymized, indefinitely.
When you delete or update your account or information, we first aim to immediately remove that data from view. We then begin the process of securely and safely deleting your personal information from our systems. We design our systems to protect information from accidental or malicious destruction, so to ensure a safe and thorough removal process, we may not immediately delete residual copies from our active servers and may not remove some information from our backup systems. In addition, things like routine maintenance, unexpected outages, bugs, or failures in our protocols may cause delays in our standard processes and timeframes, however we maintain systems designed to detect and remediate such issues.
Support requests and user communication
We retain records of support tickets and other communications between DEP and our users, for example support emails, survey responses, feedback submissions, or comments on our blogs or other posts, indefinitely in order to better manage our support processes, maintaining accurate business records, and identifying other trends. We reserve the right to publish these communications in order to help us clarify or respond to your request or to help us support other users.
How We Secure Your Information
The security of your personal information is important to us and DEP takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of personal information.
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. For example, our website and apps are protected by HTTPS encryption and when you enter credit card information on our order forms, that information is encrypted and protected by our third-party payment providers. We also maintain a robust security program including third-party testing and a bug bounty program. If you have any questions about security on our website, you can contact us at [email protected].
If we know or have reason to know of a systems security breach by an unauthorized party of your user data where that data is being or is likely to be used for an unauthorized purpose, we will promptly notify you so that you can take appropriate steps.
Data Breach Practices
We comply with relevant laws regarding data breaches. If we know or have reason to know of a systems security breach by an unauthorized party of your user data where that data is being or is likely to be used for an unauthorized purpose, we will promptly notify you and, where necessary, the relevant governmental authorities, so that you can take appropriate steps.
General Data Protection Regulation (GDPR)
DEP processes your personal data only when we have a lawful basis for doing so. For example, some of the information we collect from you we need to enable use to deliver the Services to you and fulfill our agreement under the Terms of Service, sometimes we collect and process your data when you have given us consent to do so, sometimes we are required by law and regulations to collect and process this information about you, and, at other times, we consider it to be in our legitimate interest to collect and process this information, taking into consideration your privacy rights. In rare cases we also may be required to process your data to protect your vital interests or for a task in the public good.
European users also have several rights under the General Data Protection Regulation in certain circumstances, including the right to access, update and remove your personal data, object to particular processing, or file a complaint with our privacy team or a supervisory authority. You can find out more about DEP’s approach to the GDPR, including how to exercise these rights, Note we may need to verify your identity before granting access or otherwise changing or correcting your information.
Data Protection Officer Contact Information
Daily English Practice.
15 floor Xuan Mai Tower
25 To Hieu, Ha Dong
Changes to this Notice
DEP reserves the right to modify this Privacy Notice at any time, so please review it frequently. If we materially change how we use your personal information, we will notify, by email, and/or by means of a notice on our website prior to the change becoming effective. If you disagree with these changes, you can delete your account at any time and/or stop using the Service. Your continued use of the Service constitutes your acceptance of any changes to this Privacy Notice.
If we make material changes to how we collect and use personal information from children under the age of consent, we will notify parents by email and, when appropriate, obtain additional parental consent for the new uses of the child's personal information.
Terms of Service
- Eligibility. Use of the Service is void where prohibited. The Service is intended for users over the age of 13, but is open to all ages. For children age 13 or younger (or other age of consent where required by local law), DEP offers a restricted feature set and website experience that removes certain features. By using the Service, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Service does not violate any applicable law or regulation.
- Your DEP Account and Data. If you create an account on the Service, you are responsible for maintaining the security of your account and data, and you are fully responsible for all activities that occur under the account. Accounts are for individual, not organizational, use by a single person only. You may not share your account with any other person. You must notify DEP immediately of any unauthorized uses of your data, your account or any other breaches of security. DEP will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. DEP may from time to time set storage limits for your data, or take any other measures it considers appropriate to manage the Service. DEP may also from time to time change its policies on offering commercial content or displaying advertising, and may do this without notice.
- Upgraded Memberships. Users have the option to purchase additional features or functionality for their DEP account ("Upgraded Membership"). Upgraded Memberships may be purchased either by (i) paying a recurring subscription fee; or (ii) pre-payment giving you access for a specific time period ("Pre-Paid Period"). The terms stated below will govern your participation in these programs.
- Pre-Paid Membership Term: Upgraded Memberships purchased for a Pre-Paid Period will automatically terminate at the end of the Pre-Paid Period.
- Subscription Cancellation by You: If you have purchased a recurring Upgraded Membership subscription, you may end your Upgraded Membership at any time. When you choose to end your Upgraded Membership subscription, your subscription does not renew on the next auto-renewal date. You may continue to enjoy your Upgraded Membership benefits until that date, after which your account will be automatically downgraded. Information on how to end your subscription can be found here.
- Cancellation by Us: We may cancel your Upgraded Membership at any time for any reason, with or without prior notice.
- Refunds: Except where required by law, Upgraded Memberships purchased directly through DEP are non-refundable. Upgraded Memberships purchased through other platforms are subject to the refund policies of those platforms. DEP cannot be held responsible for these platform’s policies.
- Price changes: DEP may change the price for upgraded memberships from time to time. DEP will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Upgraded Memberships will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to maintain your Upgraded Membership after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Upgraded Membership prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully.
- Premium Content.: Users may have the option to purchase or gain access to commercial content on DEP (“Premium Content”). Access to Premium Content may be granted either by (i) purchasing access directly on the Service (“Content Subscription”); or (ii) entering an access code (“Access Code”). The terms stated below will govern your participation in these programs.
- Content Subscriptions: Access to Premium Content purchased as part of a Content Subscription is subject to the terms set forth during the purchase process and you are bound by the restrictions included.
- Access Codes: Access to Premium Content through use of a publisher-provided Access Code is subject to the terms set forth by the publisher and you are bound by the publisher’s restrictions, including expiration of codes.
- License: Once you have purchased a Content Subscription or used an Access Code to access Premium Content, you may access the included material for the designated period of time. You may access the Premium Content only for your own personal, educational use (“Personal Use”). Each account must purchase its own Content Subscription or enter its own Access Code, and accounts may not be shared by multiple users.
- Restrictions: You may not use Premium Content for any commercial purpose. This means you can’t sell it, use it for advertising or marketing purposes, or use it in any other way in connection with a business or profit making activity. You may not post or otherwise make the Premium Content available on any website. You may not share, send, sell, sublicense, or transfer the Premium Content to someone else.
- Refunds: Except where required by law, Premium Content Subscriptions purchased directly through DEP are non-refundable. Premium Content Subscriptions purchased through other platforms are subject to the refund policies of those platforms. DEP is not responsible for the policies of those platforms.
- Responsibility of Contributors. If you create sets, comment via the discussion boxes, post material to the Service, post links on the Service, or otherwise make material available by means of the Service (referred to collectively as "Content") you are entirely responsible for the composition of, and any harm resulting from, that Content. That is the case, regardless of whether the Content in question constitutes text, graphics, audio files, computer software or any other format in which DEP stores data.
- Prohibited Content. You may post only educational and study-related Content to the Service. The following are examples of Content prohibited to post on or through the Service. DEP reserves the right to investigate and take appropriate legal action against anyone who, in DEP's sole discretion, violates this provision, including without limitation, removing the offending Content from the Service, terminating the accounts of such violators, or seeking other legal remedies. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of DEP:
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any class or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains sexually suggestive, excessively violent, or offensive subject matter;
- solicits personal information from anyone under 18 years old;
- publicly posts information that poses or creates a privacy or security risk to any person;
- includes information about another person that you have posted without that person's consent;
- violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person;
- contains or promotes information that you know is false or misleading, or promotes illegal activities or conduct that are abusive, threatening, obscene, defamatory or libelous;
- contains or promotes an illegal or unauthorized copy of another person's copyrighted work;
- solicits passwords or personally-identifying information for commercial or unlawful purposes from other users;
- involves the transmission of junk mail, chain letters, unsolicited mass mailings or instant messages, or spam;
- 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;
- involves commercial activities and/or sales without prior written consent from DEP, such as contests, sweepstakes, bartering, advertising, or pyramid schemes;
- violates any and all applicable laws or regulations.
- Prohibited Activities. You may only engage in educational and study-related activities while using the Service.The following are examples of the kind of activity that is prohibited on the Service. DEP reserves the right to investigate and take appropriate legal action against anyone who, in DEP's sole discretion, violates this provision, including without limitation, terminating your account and/or access to the Service, reporting you to appropriate governmental authorities, including law enforcement, or seeking other legal remedies. Prohibited activity includes, but is not limited to:
- criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Service;
- impersonating or attempting to impersonate another user, person or entity;
- using the account, username, or password of another user at any time, or disclosing your password to any third party, or permitting any third party to access your account;
- using any information obtained from the Service in order to harass, abuse, or harm another person or entity, or attempting to do so;
- activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of, or access to, a computer or a computer network;
- any automated use of the system, such as, but not limited to, using scripts to create or post Content;
- interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the Service;
- displaying an unauthorized commercial advertisement on the Service, or accepting payment or anything of value from a third party in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Service on behalf of that party;
- reproducing, duplicating, copying, selling, reselling, trading, or exploiting for any commercial purposes, any portion of, or access to, the Content and/or functionality offered through the Service, unless you have been specifically allowed to do so in a separate agreement;
- using the Service in a manner inconsistent with any and all applicable laws or regulations.
- Content Representations and Warranties. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive material;
- the Content is not spam, and does not contain unethical or unwanted commercial material designed to drive traffic to third party sites, to boost the search engine rankings of third party sites, to enable unlawful acts (such as phishing) or to mislead recipients as to the source of the material (such as spoofing);
- the Content is not obscene or libelous, and does not violate the privacy or publicity rights of any third party; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by DEP or otherwise.
- License. By submitting Content or any other material to DEP for inclusion on the Service or for any other purpose, for example posting a study set, answering a survey or sending DEP an email, you grant DEP a world-wide, perpetual, royalty-free license (with right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such Content or material in any and all media or distribution methods (existing or subsequently developed). additional uses by DEP, or other companies or individuals who partner with DEP, may be made with no compensation paid to you with respect to the Content or material that you submit, post, or otherwise make available to DEP or through the Service.
- Embed. If you use DEP's Embed Function on your website, you may not modify, build upon, or block any functionality or portion thereof, including but not limited to links back to the DEP website.
- API Requirements. If you use the DEP API, you agree to the Developer API rules, for how third-party developers can interact with Content and the Service.
- Responsibility of Service Visitors. DEP has not reviewed, and cannot review, all Content posted to the Service, and cannot therefore be responsible for that material's content, use or effects. By operating the Service, DEP does not represent or imply that it endorses the material posted thereon, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive material. The Service may contain material that is offensive, indecent, or otherwise objectionable, as well as Content in which technical, factual, or other inaccuracies, typographical mistakes, or other errors may be present. The Service may also contain material that violates or infringes the intellectual property and other proprietary rights of third parties, or of which the downloading, copying or use may be subject to additional terms and conditions, stated or unstated. DEP disclaims any responsibility for any harm resulting from the use by visitors of the Service, or from any downloading by those visitors of content posted thereon. Visitors who discover Content or other material in violation of these Terms or DEP’s Community Guidelines are encouraged to report such material to DEP using the reporting functions available on the Service.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the Content, including computer software, made available through the websites and webpages to which DEP links, and which link to DEP. DEP does not have any control over those third party websites and webpages, and is not responsible for their content or your use thereof. By linking to a third party website or webpage, DEP does not represent or imply that it endorses that website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive material. DEP disclaims any responsibility for any harm resulting from your use of third party websites and webpages.
- Copyright Infringement and DMCA Policy. DEP respects the intellectual property rights of others. If you believe that material located on or linked to by DEP violates your copyright, you are encouraged to notify DEP in accordance with DEP's Digital Millennium Copyright Act (“DMCA”) Policy. DEP will respond to all such notices, including by removing the infringing Content or disabling all links to the infringing Content, as required or appropriate. In the case of a visitor who may infringe, once or repeatedly, the copyrights or other intellectual property rights of DEP or others, DEP may, in its discretion, terminate or deny access to, or use of, the Service. In the case of such termination, DEP will be under no obligation to provide a refund of any amounts previously paid to DEP by that user.
- Trademarks. DEP, DEP, DailyEnglisPractice.com, the DEP logo, and all other trademarks, service marks, graphics and logos used in connection with DEP, or the Service are trademarks or registered trademarks of DEP or DEP's licensors. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any DEP or third-party trademarks. Audio files and software may not be sold or redistributed, or offered as a service to others.
- Changes to the Service and Terms. The Service, including without limitation all content there available, product and membership features, any and all of DEP’s policies, and these Terms of Service, may be changed at the sole discretion of DEP without notice. You are bound by any such updates or changes, including but not limited to those affecting these Terms of Service, and as such, you should periodically review these Terms of Service.
- LIMITATION OF WARRANTIES OF DEP, ITS SUPPLIERS AND ITS LICENSORS. EXCEPT AS OTHERWISE EXPRESSLY STATED, ALL CONTENT POSTED TO OR AVAILABLE FROM THE SERVICE IS PROVIDED "AS IS", AND DEP, ITS SUPPLIERS AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT DEP, ITS SUPPLIERS AND ITS LICENSORS WILL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DATA THAT RESULTS FROM THE DOWNLOAD SUCH CONTENT OR THE USE OF THE SERVICE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY OF DEP, ITS SUPPLIERS AND ITS LICENSORS. EXCEPT AS OTHERWISE EXPRESSLY STATED, IN NO CIRCUMSTANCE WILL DEP, ITS SUPPLIERS OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF THE BASIS OR NATURE OF THE CLAIM, RESULTING FROM ANY USE OF THE SERVICE, OR THE CONTENTS THEREOF OR OF ANY HYPERLINKED WEBSITE INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR OTHERWISE, EVEN IF DEP, ITS SUPPLIERS OR ITS LICENSORS WERE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE AGGREGATE LIABILITY FOR ANY AND ALL OF YOUR CLAIMS AGAINST DEP, ITS SUPPLIERS AND ITS LICENSORS ARISING FROM, OR RELATED TO, USE OF THE SERVICE, OR THE CONTENTS THEREOF, OR OF ANY HYPERLINKED WEBSITE, EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO DEP DURING THE 12-MONTH PERIOD PRIOR TO THE DATE A CLAIM IS MADE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE PARTIES AGREE THAT THIS SECTION, SECTION 10, REPRESENTS A REASONABLE ALLOCATION OF RISK.
- Disputes with DEP. In the case of any dispute between you and DEP arising out of or connected to these Terms of Service or your use of the Service, the following rules will apply. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
- Binding Arbitration: Any dispute arising out of or relating to these Terms or your use of our Services will be settled through binding arbitration, conducted by the American Arbitration Association ("AAA") and in accordance with their Commercial Arbitration Rules. Your responsibility to pay any filing, administrative, or arbitrator fees will be solely as set forth in the AAA rules. To the extent permitted under AAA rules, the arbitrator may award costs, fees, and expenses, including reasonable attorney’s fees, to the prevailing party. A decision reached by arbitration will be final and binding and may be entered as a judgment by any court having jurisdiction. You understand that there is no judge or jury in arbitration, and that other procedural rights such as discovery and appeal are not available in an arbitration. YOU AND DEP KNOWINGLY AND VOLUNTARILY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO A TRIAL BY JUDGE OR JURY AND TO HAVE YOUR CASE HEARD IN A COURT OF LAW.
- Disputes will be settled on an individual basis: YOU AND DEP KNOWINGLY AND VOLUNTARILY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION. Notwithstanding this clause, each party may seek injunctive or other equitable relief in a court of competent jurisdiction in San Francisco County to protect the party’s intellectual property rights pending completion of the arbitration.
- Governing Law. DEP is located in California, with our headquarters in San Francisco. Except to the extent any applicable law provides otherwise, these Terms of Service and any access to or use of the Service will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, regardless of where you are located in the world.
- Venue. Any dispute subject to Binding Arbitration will take place in San Francisco County, California. For any other judicial action that may arise between you and DEP, or for which our Binding Arbitration clause is found not to apply, both you and DEP agree to submit to the venue and personal jurisdiction of the state and federal courts located in San Francisco County, California.
- Indemnification. You agree to defend, indemnify and hold harmless DEP, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising from your use of the Service, including but not limited to, any violation of any representation or warranty contained in these Terms of Service.
- Miscellaneous. You agree to defend, indemnify and hold harmless DEP, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising from your use of the Service, including but not limited to, any violation of any representation or warranty contained in these Terms of Service.
- Severability. If any part of these Terms of Service is held invalid or unenforceable, that part will be construed to reflect the drafter’s original intent, and the remaining portions will remain in full force and effect.
- Non-waiver of Rights. A waiver by either party of any term or condition of these Terms of Service or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
- Assignment. You may assign your rights under these Terms of Service to any party that consents to, and agrees to be bound by, its terms. DEP may assign its rights under these Terms of Service without condition. These Terms of Service will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
- Survival of Terms. These Terms continue to apply, even after you close your account or cease using the Service.
If you have questions or wish to send us comments about this Privacy Notice, please contact us at [email protected] or write us: