Phrasebase is a fast, exciting and convenient way to meet
language teachers, tutors and exchange partners over the Internet. Phrasebase
contains both a free and paid service for
individuals that encourages and facilitates communication between
its users. Such a service is largely based on trust and this Agreement
outlines the type of trust involved between you and other users of Phrasebase
as well as between you and Phrasebase.
Our service has been created to be easily accessible to all users of
legal age, but it also has limitations and risks that you must be aware
of before participating. Prior to, and as a condition of your
participation, you (hereinafter You or Yours or User) must agree to
abide by the Phrasebase Terms of Participation or Terms of Service.
Only individuals who agree to these terms are allowed to become active
members of the Phrasebase language learning community. By
signing up for your Phrasebase account and checking the "I AGREE" box on
our registration page, you
are accepting these Terms. You may review these Terms at any time by
clicking on the Terms of Service link at the bottom of each page.
Phrasebase Terms of Usage and Service
- Phrasebase reserves the right to modify the Terms
of Participation at any time and without prior notice to its Users.
We may add to, change, delete or end our or Your use of our service
at any time. The service may be temporarily unavailable from time to
time for maintenance or other reasons.
- Phrasebase is not involved in any transaction
between any party who uses our site. There are risks which You
assume when dealing with people who might be acting under false
pretenses; all of these risks are borne by You. We are a venue only
and do not screen or censor or otherwise control the listings or
postings by users to other Users. Nor does Phrasebase screen
or censor or otherwise control the Users of its service. Phrasebase
cannot and does not control the behavior of the participants on
this site. IT IS EXTREMELY IMPORTANT THAT YOU USE CARE
THROUGHOUT YOUR DEALINGS WITH OTHER PEOPLE ON THIS SITE! Phrasebase does not assume responsibility for the content or context of the
user comment and discuss areas and will not remove or edit postings to the
public comments areas once they are entered into the service, except
to expire records or in our sole discretion.
- If there is a dispute between participants on this site,
Phrasebase is under no obligation to become involved. In the event that You
have a dispute with one or more Users, You hereby release, Phrasebase,
their officers, employees, agents and successors in rights from
claims, demands and damages (actual and consequential) of every kind
or nature, known or unknown, suspected and unsuspected, disclosed
and undisclosed, arising out of or in any way related to such
disputes and / or our service. If You are a California resident, You
waive California Civil Code Section 1542, which says "A general
release does not extend to claims which the creditor does not know
or suspect to exist in his favor at the time of executing the
release, which, if known by him must have materially affected his
settlement with the debtor."
- The Phrasebase service may be used only for lawful
purposes. Transmission, distribution or storage of material or
conduct in violation of any applicable local, state, federal or
foreign law or regulation is prohibited. This includes without
limitation any unauthorized use of material protected by patent,
copyright, trademark or other intellectual property right, material
that is obscene, defamatory or libelous, constitutes an illegal
threat, or violates rights of privacy or publicity, or violates
export control laws. You may use the information on our site only to
the extent necessary to facilitate Phrasebase related
- Phrasebase prohibits the transmission,
distribution or posting of unwanted or offensive content, including
profane or sexually explicit advertisements that include masking or
misspelling the words, or images that would be illegal in any
jurisdiction. It is Your responsibility, and you agree to comply
with all requirements, legal or other. Additional prohibitions
include misleading offers that do not list the total purchase price
or a "bait & switch" of products, advertisements
listed in the incorrect category, telephone numbers listed in the
Adult , personals or any sub-category of personals, duplicate
listings that contain more than 60% of the same characters,
regardless of category, U.R.L. (Universal Resource Locator) or
hyperlinks listed in the Personals or any sub-category of Personals,
the sale or distribution of firearms, weapons or controlled
substances, make-money fast schemes, pyramid or chain letters,
fraudulent or criminal offers including but not limited to
registering another email address other than your own, any posting
with the goal of harassment of another, sexual requests from or for
a minor, racial slurs or comments, harassment, placing a fraudulent
ad, unsolicited advertising (whether commercial or informational)
and unsolicited email or advertisements including, but not limited
to adult or dating services placing advertisements
("SPAM"). Further, Phrasebase prohibits the
transmission, distribution or posting of any matter which discloses
personal or private information concerning any person or entity,
including without limitation phone number(s) or addresses, credit
debit cards, calling card, User account numbers/ passwords or
similar financial information, and home phone numbers or addresses.
Even though all of this is strictly prohibited, there is a small
chance that You might become exposed to such items and You further
waive Your right to any damages (from any party) related to such
strongly opposes SPAM, which floods the
Internet with unwanted and unsolicited email and deteriorates the
performance and availability of the Phrasebase service. All forms of SPAM, and all activities that have the effect
of facilitating SPAM, are strictly prohibited.
- Phrasebase also prohibits the use of another
Internet service to send or post SPAM to drive visitors to Your site
hosted on or through Phrasebase system, whether or not the
messages were originated by You, under Your direction, or by or
under the direction of a related or unrelated third party.
- If Phrasebase, in its sole discretion, determines that a
violation of the Terms of Participation has occurred, Phrasebase may pursue any of its legal remedies, including but not limited to
the immediate deletion of any offending material from its site,
cancellation of Your account and /or the exclusion of any person(s)
who may have violated any Terms of Participation. Phrasebase could also pursue violators with claims that they have violated
various criminal and/or civil laws as applied by the relevant
jurisdiction. Phrasebase will cooperate with any
investigation by any Federal, State, or local body or any court or
tribunal legitimately exercising it's rights. Such cooperation may
be without notice to You. If Phrasebase believes in its
sole discretion that any ad may create liability for Phrasebase, Phrasebase
may take any actions that it believes are
prudent or necessary to minimize or eliminate its potential
liability, including but not limited to, the release of Servicer
information. In sum, Phrasebase reserves the right to
refuse service to anyone at any time, and to remove any listings or
any advertisements for any reason, and without notice.
- Phrasebase MAKES NO WARRANTY THAT THE SERVICE WILL
MEET USER'S REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE; NOR DOES PHRASEBASE MAKE
ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION
OBTAINED FROM THE SERVICE.
- USER UNDERSTANDS AND AGREES THAT ANY INFORMATION OR MATERIAL
AND/OR GOODS OR SERVICES OBTAINED THROUGH THE SERVICE IS DONE AT
USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY TRANSACTION.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
USER FROM PHRASEBASE OR THROUGH OR FROM THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
- LIMITATION OF LIABILITY. USER AGREES THAT NEITHER
PHRASEBASE NOR ANY OF ITS PROVIDERS OF INFORMATION SHALL BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE
OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH
OR FROM THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR
ALTERATION of ServiceR'S TRANSMISSIONS OR DATA OR ARISING FROM ANY OTHER
MATTER RELATING TO THE SERVICE, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER FURTHER
AGREES THAT PHRASEBASE SHALL NOT BE LIABLE FOR ANY
DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF
SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH
INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTITIED OR NOT,
NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. USER AGREES THAT
PHRASEBASE SHALL NOT BE RESPONSIBLE OR LIABLE TO USER, OR
ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY OF THE
SERVICE. In sum, in no event shall Phrasebase 's total
liability to You for all damages, losses, and causes of action
exceed the amount paid by You to Phrasebase , if any, that
is related to the cause of action.
- SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES
SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- You give us a non-exclusive, worldwide, royalty-free, irrevocable,
sublicenseable (through multiple tiers) right to exercise all
copyright and publicity rights, in any existing or future media,
known or unknown, over the material or User Data displayed in Your
postings. For the purpose of this Agreement, "User Data"
shall mean all information (if any) submitted by You, (the
"User") to Phrasebase with the exception
of trading data, credit card numbers, checking account numbers, etc.
"Individually Identifiable User Data" shall mean that
subset of "User Data" which can be reasonably used to
identify a specific individual such as their name, address, phone
number, etc.. The User Data shall be deemed to be the property of Phrasebase. You shall take all reasonable efforts to ensure that it is
accurate and complete and not misleading in any way.
- Content Submissions. Any content you submit to Phrasebase
becomes the property of Phrasebase. This includes but is not limited
to ideas, concepts and designs you submit as suggestions to
Phrasebase. Personal information
"Individually Identifiable User Data" will be kept strictly
- No Resale or Unauthorized Commercial Use. You agree not to resell
or assign Your rights or obligations under these Terms of
Participation. You also agree not to make any unauthorized
commercial use of the Service, content or User Data.
- Others' Information. You agree not to make use of anyone else's
Information other than as necessary to complete any Phrasebase transactions in which You are involved.
- No Agency. There is no agency, partnership, joint venture,
employee-employer or franchisor-franchisee relationship between Phrasebase
and any User of the Service.
- Notice. Any notice to You or to us shall be made by either email
or regular mail. We may also give notice of changes to these Terms
of Participation or other matters related to Phrasebase by displaying notices to Users on the Service.
- This Agreement is the complete and exclusive agreement between the
parties with respect to the subject matter hereof, superseding any
prior agreements and or communications regarding such subject
matter. This Agreement may only be modified, or any rights under it
waived, by a written document executed by both parties.
- These Terms of Participation and the relationship between User and
Phrasebase shall be governed by the laws of the
country of Thailand without regard to its conflict of law
provisions. User and Phrasebase agree to submit to the
personal and exclusive jurisdiction of the courts located within the
country of Thailand.
- The failure of Phrasebase to exercise or enforce any
right or provision of these Terms of Participation shall not
constitute a waiver of such right or provision. If any provision of
these Terms of Participation is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of these Terms
of Participation shall remain in full force and effect.
- User agrees that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of the
Service or the these Terms of Participation must be filed within one
(1) year after such claim or cause of action arose or be forever
- The section titles in these Terms of
Use (Terms of Participation) are for
convenience only and have no legal or contractual effect.
- Please help us keep the Phrasebase site an
enjoyable experience for all Users, if You observe material or
behavior that may violate one of the Phrasebase terms of participation, please contact
any of the Phrasebase site administrators and let us know about the
- Children under age 13 may not join as members or participate in
Phrasebase in any way.