- 1. General
The LingoCard website (“Website”) and mobile application (“App”) and related services (together with the Website, the “Service”), are operated by LingoCard. (“LingoCard,” “us,” or “we”). Access and use of the Service is subject to the following Terms and Conditions of Service (“Terms and Conditions”). By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms and Conditions including any future modifications. LingoCard may amend, update or change these Terms and Conditions. If we do this, we will post a notice that we have made changes to these Terms and Conditions on the Website for at least 7 days after the changes are posted and will indicate at the bottom of the Terms and Conditions the date these terms were last revised. Any revisions to these Terms and Conditions will become effective the earlier of (i) the end of such 7-day period or (ii) the first time you access or use the Service after such changes. If you do not agree to abide by these Terms and Conditions, you are not authorized to use, access or participate in the Service.
- 2. Description of Website and Service
The Service allows users to (i) learn or practice a language while they translate content from the Web and elsewhere, (ii) submit material for translation by other users. Users interested in learning or practicing a language are presented with different types of educational activities; while they perform these activities, they also generate valuable data such as translations of Web content. Users interested in submitting material for translation, or submitting translated material or courses, may do so only if they comply with requirements set forth in these Terms and Conditions concerning the material submitted and use of the translation.
- Registration; Submission of Material for Translation
In connection with registering for and using the Service, you agree (i) to provide accurate, current and complete information about you and/or your organization as requested by LingoCard; (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) to maintain and promptly update any registration information you provide to LingoCard, to keep such information accurate, current and complete; and (iv) to be fully responsible for all use of your account and for any actions that take place through your account. Any material you submit for translation (“Translation Material”) must be your original work or material owned by you. You will not submit any other type of material as Translation Material. The Service is not intended to be used to translate confidential or sensitive documents or personal information and you agree not to submit Translation Material that includes any such information. By submitting Translation Material to the Service, you grant us a fully paid up, worldwide license to use the Translation Material in connection with the operation of the Service and agree that, among other things, this license will allow us to (i) create and use translations that are derivative works of the material, (ii) disclose part or all of the Translation Material and any translations to one or more users of the Service in connection with their use of the Services and (iii) make the Translation Material and any translations available on the Service as a teaching tool, to promote the service or for other purposes in connection with our operation of the Service. This means that all or part of your Translation Material and any translations may be indexed and available on search engines such as Google and Bing. You understand that other users will have access to Translation Material and that neither they or LingoCard have any obligation to you or anyone else to maintain the confidentiality of Translation Material. If we are able to complete a translation of any Translation Material you submit, we will provide you with a copy of the translation. As between us and you, you will own the copyright in any derivative work we create that is a translation of Translation Material you submit provided that you do not make or permit any commercial use of the translation. If you wish to make or permit commercial use of a translation, please contact us. You must have a separate agreement with us that expressly authorizes any commercial use of any translation produced by the Service before any such use occurs.
If you delete any Translation Material you submit from the Service we will in turn delete any translation tasks in progress and completed translations in the normal course of our operations. This may take up to thirty (30) days.
- 3. Your Representations and Warranties
You represent and warrant to LingoCard that your access and use of the Service will be in accordance with these Terms and Conditions and with all applicable laws, rules and regulations of the United States and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from the United States and/or the jurisdiction in which you reside. You further represent and warrant that you have created or own any material you submit via the Service (including Translation Materials, Course Contributor Materials, and Activity Materials) and that you have the right, as applicable, to grant us a license to use that material as set forth above or the right to assign that material to us as set forth below.
- Inappropriate Use
You will not upload, display or otherwise provide on or through the Service any content that: (i) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights); or (ii) in LingoCard’s sole judgment, is objectionable or which restricts or inhibits any other person from using the Service or which may expose LingoCard or its users to any harm or liability of any kind.
- Indemnification of LingoCard
You agree to defend, indemnify and hold harmless LingoCard and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys’ fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms and Conditions or otherwise), your breach of any of these Terms and Conditions,or any claim that any translation we provide to you is inaccurate, inappropriate or defective in any way whatsoever.
- 4. App License
Subject to the terms of these Terms and Conditions, LingoCard grants you a non-transferable, non-exclusive license to download, install, and use one copy of the App in object code form only on an interactive wireless device that you own or control. You may not derive or attempt to derive the source code of all or any portion of the App, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate the App or any part thereof. LingoCard and its licensors own and shall retain all intellectual property rights and other rights in and to the App, and any changes, modifications, or corrections thereto. The following terms and conditions apply to you only if you are using the App from the Apple App Store. To the extent the other terms and conditions of these Terms and Conditions are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to Apps from the Apple App Store. You acknowledge and agree that these Terms and Conditions are solely between you and LingoCard, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and Conditions. You and LingoCard acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and LingoCard acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, LingoCard, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms and Conditions. You must comply with applicable third party terms of agreement when using the App. You and LingoCard acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms and Conditions as they relate to your license of the App, and that, upon your acceptance of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof.
- 5. Refund Policy
In the event of a Test Issue, LingoCard will, at its option, either (a) provide the user with a refund for the affected test, or (b) use reasonable efforts to resolve the Test Issue. For purposes of this Section, “Test Issue” means: (i) the inability to complete the test due to a failure in the Website or the App, or (ii) Test results are delivered more than 48 hours after the test is completed. Whether an issue constitutes a Test Issue will be determined by LingoCard in its reasonable discretion. The amount of any refund will depend on the nature of the Test Issue and will not exceed the total amount actually paid by the user for the affected test. To submit a valid claim for a refund, a user must (a) submit the Test Issue in writing to LingoCard within 24 hours after the Test Issue occurs, and respond to LingoCard’s requests for information or cooperation, (b) not have directly or indirectly caused the Test Issue, and (c) have met all test requirements when taking the test prior to making a claim for a Test Issue.
- 6. NO REPRESENTATIONS OR WARRANTIES BY LINGOCARD
The service, including all images, audio files and other content therein, and any other information, property and rights Granted or provided to you by lingocard are provided to you on an “as is” basis. Lingocard and its suppliers make no Representations or warranties of any kind with respect to the service, either express or implied, and all such Representations and warranties, including warranties of merchantability, fitness for a particular purpose or Non-infringement, are expressly disclaimed. Without limiting the generality of the foregoing, lingocard does not make Any representation or warranty of any kind relating to accuracy, service availability, completeness, informational Content, error-free operation, results to be obtained from use, or non-infringement. Access and use of the service may Be unavailable during periods of peak demand, system upgrades, malfunctions or scheduled or unscheduled maintenance Or for other reasons. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may Not apply to you.
- 7. LIMITATION ON TYPES OF DAMAGES/LIMITATION OF LIABILITY
In no event will lingocard be liable to you or any third party claiming through you (whether based in contract, tort, Strict liability or other theory) for indirect, incidental, special, consequential or exemplary damages arising out of or Relating to the access or use of, or the inability to access or use, the service or any portion thereof, including but not Limited to the loss of use of the service, inaccurate results, loss of profits, business interruption, or damages stemming From loss or corruption of data or data being rendered inaccurate, the cost of recovering any data, the cost of Substitute services or claims by third parties for any damage to computers, software, modems, telephones or other Property, even if lingocard has been advised of the possibility of such damages. Lingocard’s liability to you or any third Party claiming through you for any cause whatsoever, and regardless of the form of the action, is limited to the amount Paid, if any, by you to lingocard for the service in the 12 months prior to the initial action giving rise to liability. This is an Aggregate limit. The existence of more than one claim hereunder will not increase this limit.
- 8. Termination
LingoCard may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. You may terminate your LingoCard account at any time by following the instructions available through the Service. The provisions of these Terms and Conditions relating to the protection and enforcement of LingoCard’s proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination.
- 9. Proprietary Rights in Service Content and Activity Materials
All content available through the Service, including designs, text, graphics, images, information, software, audio and other files, and their selection and arrangement (the “Service Content”), are the proprietary property of LingoCard or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Service Content. As between you and LingoCard, all data, information and materials generated from your access and use of the educational activities made available on or through the Service, including translated content generated by you (collectively, the “Activity Materials”), shall be exclusively owned by LingoCard, and you shall not have any right to use such Activity Materials except as expressly authorized by these Terms and Conditions. Activity Materials will not include Translation Materials. By using the Service, you hereby assign to LingoCard any and all rights, title and interest, including any intellectual property rights or proprietary rights, in the Activity Materials. All rights of LingoCard or its licensors that are not expressly granted in these Terms and Conditions are reserved to LingoCard and its licensors.
- 10. Trademarks
“LingoCard” and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or service marks of LingoCard or their respective owners. Access and use of the Service does not grant or provide you with the right or license to reproduce or otherwise use the LingoCard name or any LingoCard or third-party trademarks, service marks, graphics or logos.
- 11. Privacy
- 12. Notice for Claims of Copyright Violations and Agent for Notice
If you are a copyright owner and have a good faith belief that any material available through the service infringes upon your copyrights, you may submit a copyright infringement notification to LingoCard pursuant to the Digital Millennium Copyright Act by providing us with the following information in writing:
- an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are
authorized to act on the copyright owner’s behalf.
- 13. Governing Law and Arbitration
These Terms and Conditions, its subject matter and LingoCard’s and your respective rights under these Terms and Conditions shall be governed by and construed under the laws of the Commonwealth of California, United States of America, excluding the conflict of law provisions of that or any other jurisdiction. Any dispute arising between you and LingoCard will be resolved by binding arbitration. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding.
- 14. Language
This agreement was originally written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
- 15. Miscellaneous
These Terms and Conditions constitute the entire agreement between LingoCard and you concerning the subject matter hereof. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. A waiver by LingoCard or you of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. LingoCardmay assign its rights or obligations under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of LingoCard and you, and LingoCard’s and your respective successors and permitted assigns.
- 16. Temporary Restrictions on Users from the European Union
Users within the European Union are not presently allowed to submit materials for translation or translated materials to LingoCard. While these users can continue to use the educational services offered through the Website, they will not be involved in the translation of any documents. If you submit a request for translation or translated materials to LingoCard, you thereby warrant and represent that you are not currently within the European Union, did not translate the document within the European Union, and will not be within the European Union when your translation request has been finalized.
Last revised on October 15th, 2017