Entertainment Learning SAS offers education and edutainment services and products on its web site at http://www.english-attack.com (“English Attack!”) for the purpose of helping learners of English to improve their English-language skills.
The use of the services offered on English Attack! is governed by these terms of sale and use.
The user agrees and signifies, by validating the creation of his or her user account, that he or she has read, understood and agreed to be bound by these Terms of Sale and Use. Without such a commitment, the user cannot continue the registration process and has no access to the services offered by the site.
The Terms of Sale and Use apply to all users of both free and paid services on English Attack!
Contractual information is presented in English and is subject to confirmation by the User at the time of the registration process and / or online purchase from the site.
User: means the natural or legal person accessing services as a content contributor and / or holder of a user account and / or user of the services offered on www.english-attack.com.
Visitor: refers to the natural or legal person accessing the services offered on the site www.english-attack.com for the sole purpose of viewing, consulting and / or using the services offered on www.english-attack.com
Entertainment Learning: the publisher of services and products offered on the site www.english-attack.com
English Attack!: the name of the service offered on the website www.english-attack.com
In these Terms of Sale and Use, the terms and Entertainment Learning and English Attack! relate to the same entity. For ease of reading, the term English Attack! will henceforth be used to refer to the company.
Service(s): refers to one or all of the paid or free online services provided by English Attack! on the website www.english-attack.com including, but not limited to, data hosting and information, data publishing tools and information, language exercises and games, communication tools, search tools, access and data retrieval, and access via a communication platform destined for site visitors and / or users.
Username: is the real name, e-mail address, pseudonym (nickname), and any PIN or password chosen by the User or attributed by English Attack! allowing the user to identify themselves to gain access to the service(s).
Personal Account, User Account or English Attack! Account: Refers to personal data relating to a user, including in particular his or her personal identifiers, registration of which is required in order to access the full functionality and service(s) of www.english-attack.com.
Registration: refers to the online registration process that the User must complete on www.english-attack.com in order to gain access to the Service(s). This Registration leads to the creation of the Identifiers and the User's Personal Account.
The User confirms that he or she is a natural person 18 or over the age of majority in the country where he or she resides. For minors: the user who is a minor acknowledges having obtained permission from his or her parents or persons having parental authority in order to access the service.
The User agrees to the Terms of Sale and Use. Any use of English Attack! not compliant with the Terms of Sale and Use is prohibited and may be penalised.
By clicking on the account creation button on English Attack!, the User acknowledges and agrees to the Terms of Sale and Use and all the rules set out below.
In case of disagreement with these arrangements, the User is asked not to validate the creation of his or her user account and not to use or visit the www.english-attack.com website.
Services available on English Attack! are only available via an Internet connection. Therefore, in order to access the service(s), the user must have an Internet connection. All costs of telephone connections, data connections, equipment and Internet access are the sole responsibility of the User.
English Attack! grants limited, non-exclusive, and non-transferable access and use of the service and its content.
English Attack! reserves the right to deactivate the accounts of registered users who have not connected to the service for a period exceeding 6 (six) months.
An English Attack User Account is made available via an account username and password. The account username is the User identifier.
The account remains the property of English Attack!. The User is granted only a right of access to the service, via the User Account that is created for that User.
The first and last names are not made public, except in the specific case of a User license purchased for the User by a Teacher, School, Training Agency, Company, or other organization (please see Privacy Policy for details).
To create a User Account, the User must enter the following information:
- Username
- Password
- E-mail address (except in the case of some school and organization accounts)
- Date of Birth
- Mother tongue
The management by a User of his User Account is only done on www.english-attack.com.
The username and password allows the User to access the features of www.english-attack.com. The personal data provided during registration must be accurate, verifiable, complete and current. A personal and valid e-mail address must be entered (with the exception of some school and organization accounts), as it will be used to validate the account via e-mail. This e-mail address will also be used to inform the User of new educational content published on the website via a weekly newsletter, as well as special price discounts and tips on using the site to improve English language skills.
The first time the User buys an English Attack! subscription, his or her User Account passes to Premium status, at which time – at the time of the first purchase of a subscription – the User will be asked to provide the following additional information:
- title
- first and last name
- address
The user must inform English Attack! of any change in this information, such as a change of address or e-mail address.
To be valid, the User Account username must comply with these rules:
- It must correspond to a pronounceable word (e.g the word “xvnritg” is invalid).
- It must not have any sexual or pornographic meaning
- It must not be associated with a political orientation, ethnicity, religion, or community
- It must not be vulgar or insulting
- It must not contain your name and / or surname
- It must not match or imitate a registered trademark
- It must not evoke a narcotic product or other substance forbidden by law
- It must not resemble or mimic character names associated with English Attack! (e.g. “Booster”)
- It must not mimic or resemble the name of a moderator, a staff member or employee of English Attack!
- It must not be formulated in any form as to circumvent the rules listed above.
The User is solely responsible for preserving the confidentiality of his or her password and agrees not to communicate the password, at any time whatsoever, to any other person, or to use any other person to use the User Account, the username or password.
English Attack! cannot be held liable for any damage to their User Account, or to a User’s computer, as a result of losing or sharing the password of that Account.
Registration of a User Account on English Attack is free for the User. English Attack! provides the User with a validated, registered account with Free Trial features.
The contract covering Free Trial functionality is entered into for an indefinite period and may be terminated at any time without notice except in the case of the purchase of a Premium subscription by the User.
To terminate from this Free Trial contract, it is sufficient that the User simply delete his or her User Account. In the case that the User has entered into a Premium contract, this Premium contract will have to be terminated in accordance with the provisions to that effect in these Terms and Conditions.
The termination of a User Account of the User removes the entirety of the account data. No data may be returned to the user after termination. English Attack! will retain no data after the termination of a User Account.
The User is solely responsible for the messages he or she writes and any content he or she produces.
Insults, threats and any form of harassment of other users or employees of English Attack! is strictly prohibited, as are comments and communication that is racist, offensive, discriminatory, obscene or contrary to French, European or international law.
The sending of "spam", junk mail, commercial offers of any kind to other users is prohibited.
Cheating is forbidden. Therefore, the User agrees not to use any flaws, technical bugs or any other form of error in order to obtain more points or gain advantages over other users of English Attack! Likewise, the User agrees to immediately notify English Attack! at the e-mail address support@english-attack.com if he or she finds a flaw or error in the exercises, forum or any other services. Piracy and the use of software that is unauthorized by English Attack! are forbidden. It is also forbidden to create or use programs to cheat, hack or pirate English Attack! For example, the use of bots to automate actions on the site is strictly forbidden.
The User acknowledges that the English Attack! User Account that he or she uses, as well as all English Attack! content, is the exclusive property of English Attack! and/or its partners. Consequently, it is strictly prohibited to resell an English Attack! User Account to any other person or third party.
The use of the www.english-attack.com website and its services must not violate French, European and international laws and regulations.
A subset of the content on English Attack! may offend the sensibilities of some people or that of minors (content containing violent or vulgar language, for example). Therefore, English Attack! has a warning system to alert the User to the presence of content that might be inappropriate or upsetting. It is for the User to consider these warning flags and to refrain from accessing the flagged content if he or she feels that it may cause upset.
In the event of a violation of one or more provisions of these Terms and Conditions, or of those in any other document written by English Attack!, the company reserves the right to terminate or limit without prior warning, and at its sole discretion, the use and access to the English Attack! services, to the User Account, and to and all other company websites.
Sanctions are based on the severity of the violation and imposed in three (3) stages:
1) A warning: the user will receive a warning message to his or her e-mail and to any messenger inbox available on English Attack!
2) A seven (7) day suspension: If the user has not changed his or her behavior after the first warning, their English Attack! User Account will be suspended for 7 days. During this period, he or she will not have access to the English Attack! User Account and the services offered by the site.
3) Definitive suspension: If, despite previous warnings and sanctions, the User’s behavior is not beyond reproach, his or her English Attack! User Account will be deleted.
No refund can be claimed by the User in case of suspension or deletion of a User Account for violation of one or more provisions of these Terms and Conditions before the end of the subscription period.
These sanctions cannot be appealed and the User shall in no way challenge the decisions taken by English Attack !.
English Attack! may amend or reject usernames that do not respect the rules described in these Terms and Conditions, as well as those that are deemed unsuitable by English Attack!.
In addition to the sanctions described above, English Attack! may take measures as are necessary, including initiating civil and criminal proceedings against the offender.
The support@english-attack.com e-mail address is the preferred means of access to English Attack! Customer Service for English Attack!.
The use of this Customer Service is via e-mail; English Attack! manage incoming messages at its sole discretion, and reserves the right not to respond.
You can also contact the English Attack! Customer Service by post at the following address for all matters relating to subscription and after-sales service:
- English Attack! 75 RUE DE LOURMEL PARIS 75015
- by e-mail at support@english-attack.com
If the user suspects that the security of his or her English Attack! User Account may be compromised, he or she must immediately inform English Attack! via the e-mail address support@english-attack.com. English Attack! will then take the necessary steps to secure the account and/or its data. English Attack! reserves the right to block access to the account in question during the time it takes to investigate the incident. Following the investigation, English Attack! will resolve the dispute, at its sole discretion.
English Attack! will make every effort to ensure the proper functioning of English Attack! services and to provide these services 24 hours a day and 7 days a week.
However English Attack!’s obligation is limited to one of means regarding access and use of the English Attack! website. English Attack! cannot guarantee that the features offered on the English Attack! site will always be available or free from typographical, technical or other errors; that flaws or defects will be corrected or that the English Attack! site or the servers that host it are free of viruses or bugs.
For maintenance requirements, test, repair or any other kind related to the improvement and operation of English Attack!, the website access English Attack! may be interrupted momentarily, without liability being incurred.
The responsibility of English Attack! can not be engaged in cases of force majeure provided for by law.
English Attack! reserves the right stop publishing the website and consequently to indefinitely discontinue to provision of the service(s).
As otherwise specified by law or by any special conventions expressly entered into between the Company and the User, the User acknowledges and agrees that:
- The "English Attack!” service, the associated website: www.english-attack.com and the contents contained therein are provided "as is."
- The use of these services, website and contents is the sole responsibility of the User and is undertaken at his or her risk. For Users who are Minors, the responsibility of use lies with their parents or the holders of parental authority over them.
- English Attack! accepts no responsibility for any and all use of English Attack! not in accordance with these Terms and Conditions. It can not be held liable for damages – whether direct or indirect – or loss of data or profits that could occur due to the use or non-use of English Attack !; to negligence or otherwise any other reason associated with English Attack!.
- English Attack! shall in no case be obliged to repay any sum whatsoever whatever the cause in case of failures of the website or service.
Similarly, with respect to links from other web pages or other blogs or sites leading to English Attack! but not managed by English Attack!, or links contained on the English Attack! site leading to web pages or other websites or blogs managed and published by third parties, English Attack! will not be held responsible for the content in the case that these third-parties publishing and managing these sites do not comply with French, European or international laws and regulations.
Article L122-4 of the Code of intellectual property provides that any full or partial representation without the express consent of the author or his successors or assigns causes is illegal.
The website is the exclusive property of English Attack!. The User has only a personal, non-exclusive and non-transferable right to access and use the Site subject to the acceptance and respect of the Terms and Conditions.
All other rights are excluded without the prior written agreement of "English Attack!"
Thus the content produced by English Attack! - text, graphics, logos, names, trademarks, brands, designations, tabs, features, images, sounds, data, photographs, graphics, and any other hardware or software - are the exclusive property of English Attack! or its partners and are protected by intellectual property rights and are subject to the applicable laws and regulations.
The content on English Attack! shall in no case be downloaded, copied, altered, modified, deleted, distributed, transmitted, distributed, sold, leased, hired or otherwise used in any manner whatsoever without the express written consent of English Attack! or its partners.
The User agrees not to use or exploit the English Attack! content for purposes other than those specified in the Terms and Conditions. The User is not allowed to modify, translate, enhance, edit, decompile, disassemble or create derivative content(s) of any element of the English Attack! website unless this possibility has been expressly authorized by English Attack! or by the owners of those content(s) in the context of a separate written agreement.
The registered User with a User Account, via which he or she posts on English Attack! any content such as photos, comments, a Username or an avatar, grants to English Attack! the non-exclusive, transferable (including rights to sublicense), free of charge, and international rights to use, reproduce, distribute, prepare derivative works, represent and publish that content within the context of the Service or in connection with the provision of this Service and the activity of English Attack!
This includes, without limitation, such rights in the context of the redistribution and the promotion of part or all of the Service (and derivative works that result), in any format, on any medium and through any media channels.
The rights granted above cease when the User removes or deletes his or her content from English Attack!.
English Attack! reserves the right to modify or to change at any time the pages of the www.english-attack.com website, the Services, the prices or the Terms and Conditions which apply to it.
If, after having been informed of the changes, the User continues to use the English Attack! Service, this constitutes an acknowledgement that he or she accepts these changes.
The acceptance of cookies is essential for any access to the www.english-attack.com website.
For the purposes of collecting operational statistics, English Attack! may be required to collect information about User navigation through the use of cookies. The acceptance of these cookies is compulsory for any subscription to the website.
English Attack! also reserves the right to collect certain information related to:
- the User’s computer (IP, ISP, hardware configuration, software configuration)
- the Services offered on English Attack!
English Attack! may use this information for any purpose, including improving the User experience related to the Services offered on the website or to monitor compliance with the Terms and Conditions.
All information contained on servers can be used by English Attack! to perform any type of verification for the purposes of prevention and sanction.
English Attack! offers paid Services ("Premium Pass").
These paid Services are available on English Attack! as subscriptions or one-time purchases.
The establishment of a contract takes effect upon confirmation of payment of the Service.
The price, duration, type of billing and accessible Services are defined on the pages of the website detailing the available offers.
Fixed-duration contracts are established for the length of time specified in the purchase order and shall cease upon the elapsed time. The remuneration for the period is payable at the time contract is established.
Subscription contracts are established for the time specified in the purchase order. The remuneration for the period is payable at the time that the contract is established. At the end of the initial subscription period, the contract is automatically renewed on the same tariff basis and with identical intervals.
The subscription fee will be charged on the first day of each renewal period.
The User may stop the automatic renewal of his or her subscription at any time, but no later than 24 hours before the expiry date of the current subscription, by going on their account management page on English Attack! and clicking on the appropriate link in the "Premium Pass".
Note that this procedure does not trigger reimbursement for the period remaining to maturity of the subscription.
Users will have access to their Premium Accounts until the end of the current subscription period, and no refunds for periods already purchased will be made.
The User is solely responsible for the payment for the proposed Service by credit card or debit card linked to a bank account. English Attack! is not liable for payment problems related to the operation of the e-commerce service.
Invoices are sent by to the User by e-mail at the time of first purchase, and access to these invoices is available via the User Account.
In accordance with the Consumer Code pertaining to the rights of consumers, the purchase of a subscription will be refunded without penalty upon request, and without reason needing to be provided, within 14 days of such subscription purchase by sending a letter containing the details of the bank account used, addressed to:
English Attack! 75 RUE DE LOURMEL, PARIS 75015
There shall be only one refund per bank account and User Account.
Upon receipt of all such documents, the User will be refunded the full amount paid to the website within 14 days of English Attack! receiving the letter.
As a reminder, under the provisions of the Consumer Code the User may not exercise his right of withdrawal after use of the Services (whether paid and / or free).
All of these Terms and Conditions shall be governed and construed in accordance with French law, except in the case where more favorable conditions are in vigour according to the laws in your country of residence. If any part of the Terms and Conditions were to be considered illegal, invalid or unenforceable according to a national law, the specifically concerned term or terms would be declared non-existent and the remaining terms and conditions would remain in full force and effect and would continue to be applicable.
I accept all the rules laid down by this text.