Terms and Conditions

These terms and conditions define the legal terms of use of Emmy Panthong for all users and members including free and premium members.

These are the sections most relevant for new premium members who are thinking about subscribing.

• Membership subscription and renewal
• Licence for individuals to use EmmyPanthong.com premium membership content
• Cancellation and guarantees for refunding of membership fees.

We have tried to make our T&Cs as clear as possible within the legal definitions. If you have any questions, please contact us through our member help system.

1. Introduction

These terms of use govern your use of EmmyPanthong.com; by using our website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, then please do not use our website.

These Terms and Conditions apply to all users of EmmyPanthong.com, they cover all aspects of Emmy Panthong including use of the blog website, and the membership and training services.

If you subscribe to EmmyPanthong.com, free or paid membership, we will ask you to expressly agree to these terms of use during sign-up.

The terms ‘Emmy Panthong’, ‘EmmyPanthong.com’, ‘us’ or ‘we’ refers to the owner of the website. The term ‘you’ or ‘user’ refers to the user or viewer of our website.

Our website uses cookies. By using our website and agreeing to these terms of use, you consent to our use of cookies in accordance with the terms of our Privacy Policy, which also explains how we use cookies in a lot more detail.

2. Terms of use for the EmmyPanthong.com blog and membership website

The EmmyPanthong.com website, including the blog and content contained in the blog, is freely available to all site users, this is subject to the terms: Licence to use EmmyPanthong.com blog website content.

EmmyPanthong.com also contains paid membership subscription content that has different terms of use, please reference: License to use EmmyPanthong.com membership content.

You must not use EmmyPanthong.com in any way that causes, or may cause, damage to EmmyPanthong.com or impairment of the availability or accessibility to any of the areas of, or services on EmmyPanthong.com.

1. Unless you are a subscriber to our website, you must not access or attempt to access any area on the website that is restricted to subscribers.
2. You must not use this blog in any way that causes, or may cause, damage to the blog or impairment of the availability or accessibility of the blog; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
3. You must not use this blog to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
4. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this blog without our express written consent.

Your content posted to EmmyPanthong.com must be suitable for all users, including young people under the age of 13. Please read: User generated content.

You may access our RSS feed by clicking on the orange RSS icon. By accessing our RSS feed you accept these terms of use. Subject to your acceptance of these terms of use, and notwithstanding the restrictions set out above, we grant to you a non-exclusive non-transferable non-sub-licensable licence to display our RSS feed in unmodified form on any [non-commercial] website owned and operated by you. It is a condition of this licence that you include a credit for us and hyperlink to this blog on each web page where the RSS feed is published (in such form as we may specify from time to time, or if we do not specify any particular form, in a reasonable form). We may revoke this licence at any time, with or without notice or explanation.

3. EmmyPanthong.com comments feature

We reserve the right to remove any comments at our discretion, and for whatever reason.

Access to the blog is not restricted. We reserve the right to restrict access to areas of this blog, or indeed our whole blog, at our discretion.

4. User generated content

In these terms of use, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this blog, for whatever purpose, this includes guest posts and comments against blog posts.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

You warrant and represent that your user content will comply with these terms of use.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third-party (in each case under any applicable law).

Your user content (and its publication on this blog) must not:

1. be libellous or maliciously false;
2. be obscene or indecent;
3. infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
4. infringe any right of confidence, right of privacy, or right under data protection legislation;
5. constitute negligent advice or contain any negligent statement;
6. constitute an incitement to commit a crime;
7. be in contempt of any court, or in breach of any court order;
8. be in breach of racial or religious hatred or discrimination legislation;
9. be in breach of official secrets legislation;
10. be in breach of any contractual obligation owed to any person;
11. be untrue, false, inaccurate or misleading;
12. constitute spam;
13. be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or
14. cause annoyance, inconvenience or needless anxiety to any person.

Your user content must be appropriate and accord with generally accepted standards of etiquette and behaviour on the internet.

You must not use this blog to link to any website or web page consisting of or containing material that would, were it posted on this blog, breach the provisions of these terms of use.

You must not submit any user content to the blog that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to this blog, or stored on our servers, or hosted or published upon this blog.

Notwithstanding our rights under these terms of use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, this blog.

5. Licence to use EmmyPanthong.com blog website content

Unless otherwise stated, we or our licensors own the intellectual property rights in the blog and material on the blog. Subject to the licence below, all these intellectual property rights are reserved.

All blog posts found on this site are property of EmmyPanthong.com, and are licensed under Creative Commons.

As such, you are free to share, copy, distribute and transmit the work, under the following simple restrictions:

1. Attribution: You must credit the original work, complete with a link back to the source content. For any reuse or distribution, you must make clear to others the license terms of this work (a link back to this page will do the trick).
2. Non-Commercial: You may not re-use content for commercial purposes (this does not include community driven websites, we’ll help here where we can).
3. No Copying: You may not take this work and alter, tweak, edit and build upon it, and then call it your own. That doesn’t mean you can’t reference it in your own work, we of course encourage that and do the same
4. Exceptions: Any of these conditions can be waived with written permission by the author.
5. Fair use and other rights are in no way affected by the above.

6. Membership subscription and renewal

In these terms, “subscription” means a right to access the restricted areas of our website described in this Section 6, and “subscriber” means a person who has such a right by virtue of this Section 6.

There are three membership levels:

1. Free membership: this is a free membership level and requires registration of the user details only
2. Gold premium membership: this offers access to locked, paid-for content, this requires registration of the user details and paying of the appropriate membership fee. See more in Section 7
3. Diamond premium membership: this offers access to locked, paid-for content, this requires registration of the user details and paying of the appropriate membership fee. See more in Section 7

We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.

You may become a subscriber by: visiting the membership page and choosing to access a paid membership subscription.

You will have the opportunity to identify and correct input errors prior to ordering your subscription by reviewing your details prior to final submission.

We will not file a copy of these terms of use specifically in relation to each subscriber and, if we update these terms of use, the version to which you originally agreed will no longer be available on our website.  For this reason, we recommend that subscribers print and file a copy of these terms of use for future reference.

These terms of use are provided in the English language only.

The subscription charges are be as set out on our website. UK users are subject to VAT, these amounts are indicated before payment. Subscription of VAT is exclusive of VAT for non-UK users.

You must pay to us the subscription charges in respect of the first and any subsequent period of your subscription in advance, in cleared funds, in accordance with the instructions on our website.

We may vary subscription charges from time to time by posting new charges on our website.  However, such variations will not affect subscriptions that have already been paid for.

Your subscription will be activated automatically following receipt of your subscription charges in cleared funds.  Depending on your chosen plan, your subscription will continue for either one month or one year (the Billing Period), subject to early termination in accordance with these terms of use.

In common with other online services, your subscription will be automatically renewed at the end of the Billing Period. This renewal will be taken from your method of payment either one year or one month from the original date of purchase, depending on the plan signed up to, and continue every year or month from then on until cancelled by the customer.

If the customer wishes to cancel then they will need to do this at any time before the end of their Billing Period via the member profile area. They will be able to continue to access member resources until the end of the subscription period.

Though the customer can cancel at any time, they must cancel before the renewal goes through. We cannot refund your subscription once it has been paid.

Emmy Panthong membership involves a recurring subscription payment for access to a secure membership area within which the client can access the premium member content.

Emmy Panthong premium membership is covered by the 2014 EU Consumer Rights Directive regulations for downloadable “Digital Content”. Since digital resources cannot be returned once accessed, by agreeing to become a premium member a client enters into an agreement for us to supply these resources and they agree that they cannot return them once accessed – therefore refunds cannot be granted.

We provide each subscriber with a login and password to enable the subscriber to access the restricted areas of our website.  Subscribers must ensure that their login and password details are kept confidential.  You must notify us in writing immediately if you become aware of any unauthorised use of your login or password.  You are responsible for any activity on our website arising out of any failure to keep your login and password confidential, and may be held liable for any losses arising out of such a failure.

You must not use any other person's user ID and password to access the site.

We may disable your user ID and password in our sole discretion without notice or explanation.

During the period of your subscription, you will be able to access, using the login and password details that we provide to you, the restricted membership area which provides access to Guides (ebooks) and videos.

Monthly Plans

On monthly plans you are only allowed to access courses and resources from the month you first signed up or the month that you resubscribed after your membership expired. You will be awarded 1 access quota to the previous course (the courses that launched before the month you first signed up or the month that you resubscribed after your membership expired) of your choice every 3 months as long as your premium membership is active.

Access to any premium resources is subject to an on-going membership being in place. Once your membership expires you lose access to all premium materials and any credits you have accrued are lost also.

We reserve the right to increase or decrease the number of monthly downloads allowed from time to time.

Annual Plans (Gold or Diamond premium memberships)

On annual plans you have unrestricted access to guides or resources included within your plan, as many times as you require.

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

Notwithstanding our rights under these terms of use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

7. Licence for use of EmmyPanthong.com premium membership content

EmmyPanthong.com Gold and Diamond premium membership content can only be accessed by a paid subscription.

Gold and Diamond memberships can only be used by an individual. If multiple people want to access content, they should purchase the access to the premium membership individually to get their own personalised username and password that they can use for personalised reviews of progress on courses and resources. A license must be purchased for every person that needs any access to any materials – sharing of these is expressly forbidden in our licensing.

We automatically monitor account activity for premium membership by monitoring the IP addresses used to access the site and also monitoring the number of simultaneous logins per subscriber account. Our fair use policy allows 5 IP addresses in a 30 day period, and 3 active logins within a 30 minute period. If this is exceeded, your account will be locked. If this occurs, contact our support team, who can offer you the ability to upgrade and pay for a suitable license to cover your usage. We reserve the right to cancel your account without refund in our sole discretion in the case of suspected account sharing.

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

EmmyPanthong.com contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

You may view, download for caching purposes only, and print web pages and any guides, for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

You must not:

1. republish material from this website (including republication on another website);
2. sell, rent or sub-license material from the website;
3. show any material from the website in public;
4. reproduce, duplicate, copy or otherwise exploit material on our website for a commercial or non-commercial purpose;
5. edit or otherwise modify any material on the website; or
6. redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter and our blog content).

Where content is specifically made available for redistribution, it is subject to the terms in: Licence to use EmmyPanthong.com blog website content.

8. Cancellation and refunding of membership fees

You purchase membership as a consumer if you purchase Gold or Diamond Membership (Premium Membership) using a personal debit card, credit card or PayPal account. The premium membership is a service contract regulated by the Consumer Contracts Regulations 2014. For repeat subscription payments you must cancel your membership before the repeat subscription is charged – we cannot refund these once they have been charged.

You purchase membership as a company if you purchase The premium membership using a company payment method such as bank transfer, credit card, debit card or PayPal account provided by a company, or you purchase Premium Membership with any payment method. The membership belongs to that company and it is bound to these terms and conditions. No refund guarantee is offered on Premium Membership, and as such you cannot obtain a refund. For repeat subscription payments, you must send your cancellation request via email to customer support help desk no later than 90 days before your renewal date, which is detailed in your business membership contract. For repeat subscription payments you must cancel your membership before the repeat subscription is charged – we cannot refund these once they have been charged.

9. Communications

The process for registration of membership allows each member to sign up for email, SMS updates and our weekly newsletter service. All Information provided as part of this process will be handled in accordance with the Privacy Policy. Each Member shall have the opportunity to opt out of the email, sms alerts and newsletter service at any time.

10. Limited warranties

You acknowledge that the information published on this website is submitted by a combination of authors and site users, and that we do not edit all such information unless in direct breach of the website terms of use. We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

11. Limitations and exclusions of liability

To the extent that the blog and the information and services on the website that are provided free-of-charge or paid for training and membership, we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

You agree to the publication of comments, reviews and/or feedback relating to you, by others, on this blog. You acknowledge that such comments, reviews and/or feedback may be critical or defamatory or otherwise unlawful; and you agree that you will not hold us liable in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to have been aware of such comments, reviews and/or feedback.

12. Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third-party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

11. Breaches of these terms of use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:

1. send you one or more formal warnings;
2. temporarily suspend your access to the website;
3. permanently prohibit you from accessing the website;
4. block computers using your IP address from accessing the website;
5. contact your internet services provider and request that they block your access to the website;
6. bring court proceedings against you for breach of contract or otherwise;
7. suspend and/or delete your account with the website; and/or
   delete and/or edit any or all of your user generated content.

Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

In addition to our rights and remedies above, if a subscriber breaches these terms of use in any way, or if we reasonably suspect that a subscriber has breached these terms of use in any way, we may cancel the subscriber's subscription. Where we cancel your subscription for this reason, or take any other action against you under this Section, we will not refund to you the subscription charge or any element of the subscription charge you have paid.

We may also cancel subscriptions on 30 days' written notice without cause. Where we cancel your subscription on this basis, we will refund to you all subscription charges paid by you to us in respect of any period of subscription after the date of effective termination of the subscription (which amount will be calculated by us using any reasonable methodology).

13. Third-party websites

Our website includes hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third-party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

14. Trade marks

Emmy Panthong, EmmyPanthong.com and our logo are trade marks belonging to us. We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

The other registered and unregistered trade marks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

15. Intellectual Property Infringement

Contributors to Emmy Panthong might share messages and information that they have electronically copied from other sources. As there are many thousands of possible sources spread out across the Internet, including press, journals and forums, it is impossible for Emmy Panthong to know if a posting or other content contribution infringes a third party’s Intellectual Property Rights.

If you believe that your Intellectual Property Rights have been infringed, it is your obligation to notify Emmy Panthong immediately. Emmy Panthong accepts no liability for the infringement of any Intellectual Property Rights or any infringement of a third party’s Intellectual Property Rights by any of its contributors or members, though Emmy Panthong will endeavour to correct and protect any rights owner through reasonably appropriate action should any infringement come to light.

16. Competitions

From time to time, we may run competitions, free prize draws and/or other promotions on our website. These will be subject to separate terms and conditions (we will make available to you as appropriate).

17. Variation

We may revise these terms of use from time to time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.

18. Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent – providing that, where you are a subscriber and a consumer, we will not transfer our rights and/or obligations in any way which may serve to reduce the guarantees benefiting you under these terms of use.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

19. Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

20 Exclusion of third-party rights

These terms of use are for the benefit of you and us and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

21. Third-party advertising

There may be third-party advertising posted on EmmyPanthong.com from time to time which will likely contain links to Third Party Sites. You acknowledge and accept that Emmy Panthong does not exercise any review or editorial control over the content of such third-party advertising whatsoever. Accordingly, Emmy Panthong’s liability and responsibility for the content of such third-party advertising on EmmyPanthong.com and any damage it may cause is hereby disclaimed and excluded to the maximum extent permitted by law.

Where Emmy Panthong provides hyperlinks to a third-party site, Emmy Panthong shall not take any responsibility for nor does it make any warranties, representations or undertakings about the content of such site and Emmy Panthong does not endorse or approve the content of such third-party sites. If you decide to use any link to a third-party site, you leave EmmyPanthong.com, and you do so at your own risk.

Links to third-party sites in the third-party advertising or otherwise on EmmyPanthong.com do not imply that Emmy Panthong:

is affiliated or associated with the owners of those sites;
is legally authorised to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the sites; or
any linked third-party site is authorised to use any trademark, trade name, logo or copyright of Emmy Panthong.

22. Entire agreement

These terms of use, together with our Privacy Policy, constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements in respect of your use of this website.

23. Law and jurisdiction

This Agreement shall be governed by and interpreted in accordance with the laws of the State of Delaware, other than its conflict of laws principles. The parties agree that in the event that any suit or proceeding is brought in connection with this Agreement, such suit or proceeding shall be brought in the state or federal courts located in New Castle County, Delaware, United States of America, and the parties shall submit to the exclusive jurisdiction of such courts and waive any and all jurisdictional, venue and inconvenient forum objections to such courts.