Terms of Service for LingQ

This agreement (the "Agreement") describes the general Terms and Service Conditions (the "Terms") on which LINGQ and its affiliates (collectively "LingQ", "LingQ.com", "we", or "us") offers you ("you", "your", or "User") access to TheLinguist.com and/or LingQ.com (the "Service", "application", "app", "Application", or "Site") and any other affiliated Applications and to the services and products provided on this Application and other affiliated Applications.

By using the lingq.com web site ("Service"), a service of The Linguist Institute Ltd. ("The Linguist"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").

The Linguist reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.lingq.com/info/terms/

Violation of any of the terms below will result in the termination of your Account. While The Linguist prohibits such conduct and Content on the Service, you understand and agree that The Linguist cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

A. Account Terms

  1. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
  2. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  3. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like.
  4. You are responsible for maintaining the security of your account and password. The Linguist cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  5. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
  6. If you are using a free account you are not permitted to block ads.
  7. One person or legal entity may not maintain more than one free account.
  8. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

B. Payment, Refunds, Upgrading and Downgrading Terms

  1. A valid payment method is required for paying accounts. Free accounts are not required to provide a payment method.
  2. If you initially signed up for a Basic, Plus or Premium account, and are not satisfied at any time during the first 30 days, you are entitled to receive a full refund of your membership fee.
  3. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
  4. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
  5. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. The Linguist does not accept any liability for such loss.

C. Cancellation and Termination

  1. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link in the global navigation bar at the top of the screen. The Account screen provides a simple no questions asked cancellation link.
  2. All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is canceled.
  3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
  4. The Linguist, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other The Linguist service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. The Linguist reserves the right to refuse service to anyone for any reason at any time.

D. Modifications to the Service and Prices

  1. The Linguist reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the LingQ Site (www.lingq.com) or the Service itself.
  3. The Linguist shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

E. Copyright and Content Ownership

  1. Our Rights. We will own all right, title and interest in the Content, including all rights in any copy, translation, modification, adaptation or derivation of the Content. We shall have the sole and exclusive right throughout the universe in all languages and in perpetuity to use and exploit all or any part of the Content and all or any part of any material contained therein or prepared therefor, whether or not used therein, in any format or version, by any means and in any media, whether now known or hereafter developed, without further compensation to you. We may distribute Content at its sole discretion by any method of distribution now existing or later developed.
  2. Rights Clearances and Assignments. You will be solely responsible for obtaining all rights clearances with respect to all Content created or provided by User to us in connection with this Agreement. At our request, User will obtain the execution of any instrument, including from any employee or contractor, that may be appropriate to assign these rights under this Section to us.
  3. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting certain types of your data to be shared publicly, you agree to allow others to view and share your Content.
  4. Proprietary Material. The Content and all other information, data, text, graphics, images, photographs, audio and video clips, logos, icons and software appearing on the Service ("Content") are and will remain our property, our suppliers, our agents and our licensors. The logo and figures, among others are the trademarks and/or service marks. These materials may be used solely to the extent necessary for your authorized use of the Service, as provided in this Agreement. You may not copy, distribute, prepare derivative works from or otherwise use Content for any public or commercial purpose without written permission.
  5. All content on LingQ.com is licensed under a Creative Commons Attribution-No Derivative Works 3.0 Unported License if no Copyright or other License is mentioned anywhere in the content or content description.
  6. In some instances where your content is displayed publicly, The Linguist reserves the right to display advertising and receive compensation for such advertising.
  7. The look and feel of the Service is copyright©2002-2014, The Linguist Institute Ltd. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from The Linguist.
  8. Copyright. All Site materials, including, without limitation, text, pictures, graphics and other files and the selection and arrangement thereof are our copyrighted materials, ALL RIGHTS RESERVED, or by the original creator of the material. Permission is granted to display, copy, distribute, and download the materials on this Site for personal, noncommercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You may not, however, distribute, copy, reproduce, display, republish, download, or transmit any material on this Site for commercial use without prior written approval. You may not "mirror" any material contained on this Site on any other server without prior written permission. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
  9. Trademarks. The trademarks, service marks, trade names, and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress, and may not be copied, imitated or used, in whole or in part, without the prior written permission. You acknowledge that the Trademarks used and displayed on this Site are and shall remain our sole property or the Trademark owner. Nothing in this Agreement shall confer any right of ownership of any of the Trademarks in you. Further, nothing in this Site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark used or displayed on the Site, without the express written permission. The misuse of the trademarks displayed on this Site, or any other content on the Site, is strictly prohibited.
  10. Notification of Copyright Infringement Claims. We respect the intellectual property of others, and we ask our Users to do the same. Because of the size of our community, we do not and can not verify that Users have the right to post Content. However, we cooperate in removing infringing or unlicensed items once an authorized representative of the rights owner properly reports them to us. If you believe a Message infringes on your copyright, trademark or other intellectual property rights, please provide us with a Notice of Infringement.

    In the United States, the Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that items, information or other materials appearing on the Service infringe your U.S. copyright, you (or your agent) may send us a notice requesting that the item, information or material be removed, or access to it blocked.

    If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Application, currently located at http://www.loc.gov/copyright/. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be substantial penalties for false claims.

F. General Conditions

  1. Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
  2. Technical support is only provided to paying account holders and is only available via email.
  3. You understand that The Linguist uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, The Linguist, or any other The Linguist service.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of The Linguist.
  6. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any The Linguist customer, employee, member, or officer will result in immediate account termination.
  8. You understand that the technical processing and transmission of the Service, including your Content, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  9. You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
  10. You must not transmit any worms or viruses or any code of a destructive nature.
  11. If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by The Linguist) of other LingQ customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
  12. The Linguist does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
  13. You expressly understand and agree that The Linguist shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if The Linguist has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
  14. The failure of The Linguist to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and The Linguist and govern your use of the Service, superceding any prior agreements between you and The Linguist (including, but not limited to, any prior versions of the Terms of Service).
  15. Questions about the Terms of Service should be sent to support at lingq dot com.

G. DISCLAIMERS OF WARRANTY

WE PROVIDE THE SERVICE AND PRODUCTS ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTY OR CONDITION, EXPRESS OR IMPLIED. YOU AGREE THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO: (A) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE; (B) THAT SERVICE WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, SECURE AND/OR ERROR-FREE; (C) AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY USER AND WHETHER YOU SHOULD RELY ON ANY INFORMATION PROVIDED BY SUCH USER; (D) AS TO THE TRUTH, QUALITY, ACCURACY, OR EFFECTIVENESS OF THE CONTENTS OF ANY MESSAGE OR THE QUALITY, SAFETY, EFFECTIVENESS, CONFORMANCE OR LEGALITY OF ANY PRODUCT OR SERVICE DESCRIBED OR RECOMMENDED IN ANY MESSAGE; AND (E) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

H. LIMITATION OF LIABILITY

AS A CONDITION OF USING THE SERVICE AND PRODUCTS, AND IN CONSIDERATION OF THE SERVICES PROVIDED BY DOMAIN NAME, YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, DAMAGES, EXPENSE, OR COSTS, HOWEVER ARISING (INCLUDING NEGLIGENCE), BUT INCLUDING THOSE RESULTING DIRECTLY OR INDIRECTLY FROM, OR OTHERWISE ARISING IN CONNECTION WITH: (A) THE USE OF THE SERVICE BY YOU, INCLUDING BUT NOT LIMITED TO DAMAGES RESULTING FROM OR ARISING FROM YOUR RELIANCE ON THE SERVICE, OR THE MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, DELAYS IN OPERATION, NON-DELIVERIES, MISDELIVERIES, TRANSMISSIONS, EAVESDROPPING, STATEMENTS OR OTHER CONDUCT BY THIRD PARTIES, OR ANY FAILURE OF PERFORMANCE OF THE SERVICE; (B) THE CONTENT OF ANY MESSAGE OR ANY PRODUCT, SERVICE, OR PROVIDER MENTIONED OR RECOMMENDED THEREIN; (C) THE BREACH, OR ALLEGED BREACH, OF ANY WARRANTY, EXPRESS OR IMPLIED, RELATING TO ANY TRANSACTION; OR (D) GOVERNMENT RESTRICTION, STRIKES, WAR, ANY NATURAL DISASTER OR FORCE MAJEURE, OR ANY OTHER CONDITION BEYOND DOMAIN NAME'S REASONABLE CONTROL. YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICE. THE LIMITATION IN THIS SECTION APPLIES ONLY TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.

IN ANY EVENT, DOMAIN NAME'S LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE AMOUNT PAID TO US BY THE CLAIMANT, AND (B) $100.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

I. Indemnity

Without limiting the generality or effect of other provisions of this Agreement, as a condition of use of the Services and Products, each User agrees to indemnify, hold harmless, and defend us and each of our respective affiliates, sub-contractors, agents, and employees against all third party claims, liabilities and damages, including reasonable attorney's fees, incurred or allegedly incurred by or arising out of your breach of this Agreement, the content of any Message posted by you, and/or your violation of any law or the rights of a third party.

J. Modification, Entire Agreement, and Severability

(a) Modification. This Agreement may be supplemented, amended, or modified unilaterally at any time for any reason by us. Any supplement, amendment, or modification of this Agreement shall be binding at the time of updating, posting, or otherwise providing public notice on.

(b) Entire Agreement. This Agreement and all other agreements, exhibits, and schedules referred to in this Agreement constitute the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings or agreements of the parties. This Agreement may not be contradicted by evidence of any prior or contemporaneous statements or agreements. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation, understanding, agreement, commitment or warranty outside those expressly set forth in this Agreement.

(c) Severability. In the event that any provision of this Agreement is determined to be invalid or unenforceable, such provision shall be severed from this Agreement, and the remainder of this Agreement shall continue to be valid and enforceable.

K. Miscellaneous Terms

This Agreement shall be interpreted in accordance with the laws of the Province of British Columbia without regard to its conflicts of law principles. You and we are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. At any time upon request by us, you agree to sign a non-electronic version of this Agreement.

This Agreement's section headings, bold text, and capitalized text are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.

This Agreement is the complete and entire statement between you and us with respect to the subject matter hereof.

Last updated: APRIL 2012

2012 LingQ, All Rights Reserved

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