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Terms of Service



Introduction

Lingumania.com and its related services are provided to you by the owner of this site Lingumania Inc. (“us” or “we” or “our”), in connection with our partners, service providers, sponsors, or other affiliates. 

Your use of this website is subject to certain terms and conditions.  The terms and conditions set forth below (“Terms of Service”), as well as the privacy policy (“Privacy Policy”), apply to your use of the portions of this website on which links to either or both of the Terms of Service or the Privacy Policy appear, or your use of our Apps/integrations with Third party providers (the “Site”).  Other portions of this site may be governed by different terms and conditions or privacy policies.  In the event of a conflict between any term or condition of these Terms of Service or the Privacy Policy, on the one hand, and any other terms of service or privacy or other policies, on the other hand, the applicable term or condition of these Terms of Service or the Privacy Policy shall prevail with respect to your use of the Site.

By accessing and using the Site, or by clicking “I Accept” when signing up for a user account at the Site, or by logging in through an external provider, such as your account at Google, Facebook, or Microsoft, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and the Privacy Policy referenced below.  If you do not accept these Terms of Service and the Privacy Policy, you are not authorized to use this Site.  We may modify these Terms of Service and the Privacy Policy at any time and such modification will be effective upon posting to the Site.

Use of the Site

This Site contains material, such as software, text, graphics, images, video, audio and other material (collectively referred to as the “Content”).  The Content may be owned by us or may be provided through an arrangement we have with others, including other users of the Site, our Service Provider and their partners, sponsors, or affiliates.  The Content is protected by copyright under both Canadian and foreign laws.  Unauthorized use of the Content may violate copyright, trademark, and other laws.  You have no rights in or to the Content, and you may not use the Content except as permitted under these Terms of Service.  No other use is permitted without prior written consent from us or the owner of the Content.  You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.  If you violate any part of these Terms of Service, your permission to access and/or use the Content and Site automatically terminates and you must immediately destroy any copies you have made of the Content.

The following activities are expressly prohibited: (i) collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other communications, (ii) any use of the site, which in our or our Service Provider’s sole judgment, degrades the reliability, speed, or operation of the Site or any underlying hardware or software thereof, and (iii) any use of the site which is unlawful or in violation of these Terms of Service.

Various company, product, and service names displayed on the Site may be trademarks or service marks owned by others (the “Third-Party Trademarks”). The icons used on the website are attributed to famfamfam.com and glyphicons.com. The machine translations provided by this website are powered by Microsoft® Translator.

Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Third-Party Trademark displayed on this Site.  The Third-Party Trademarks may not be used to disparage any applicable third-party, any of their products or services, or in any manner in which, in our or our Service Provider’s reasonable judgment, may damage any goodwill in the Third-Party Trademarks. 

The Site contains links to third-party websites (“External Sites”).  These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites.  The content of such External Sites is developed and provided by others.  You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. 

By using the Site, you represent and warrant that you are 13 years of age or older.  Your account may be terminated without warning, if we believe that you are under 13 years of age.

Membership in the Site is subject, in our or our Service Provider’s sole discretion, to termination at any time.

User Content

In addition, the Site contains content posted, stored, or displayed at the direction of users of the Site, including content on external websites provided through our service (“User Content”), for which we and our Service Provider cannot accept any responsibility or liability.

You shall be solely responsible for User Content you submit and the consequences of our or our Service Provider’s  posting or publishing such User Content. In connection with any User Content you submit, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize both us and our Service Provider to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Site and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Site and these Terms of Service. We or our Service Provider may maintain copies of any User Content for purposes of backup, security, or maintenance, or as required by law.

You hereby grant both us and our Service Provider a perpetual, worldwide, non-exclusive, royalty-free, license to use, reproduce, distribute, modify, display, and publish the User Content solely for the purpose of displaying your website. If you delete your User Content, we will make reasonable efforts to remove it.

In connection with User Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us and our Service Provider all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) submit content which installs or spreads any viruses, worms, malware, Trojan horses or other harmful content; or (v) submit content which can mislead recipients as to the source of the content (spoofing and phishing). We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content. We do not permit copyright infringing activities and infringement of intellectual property rights on this Site, and we will remove all Content and User Content if properly notified that such Content or User Content infringes on another's intellectual property rights. We and our Service Provider may remove any Content and User Content without prior notice. We or our Service Provider may also terminate your access to the Site, if you are determined to be infringing on these terms. We and our Service Provider also reserve the right to decide whether Content or User Content is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. We or our Service Provider may remove such User Content and/or terminate your access for submitting such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

If you are a copyright owner or an agent thereof and believe that any User Content or other Content infringes upon your copyrights, please contact us so we can further investigate the matter.

Indemnity

You agree to defend, indemnify, and hold us and our Service Provider harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising out of your use of this Site, including but not limited to your breach of these Terms of Service.

Disclaimer of Warranty and Limitation of Liability

WE, OUR AFFILIATES OUR SERVICE PROVIDER, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT (INCLUDING THE USER CONTENT), INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY.  NEITHER WE NOR OUR SERVICE PROVIDER SHALL BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE.  YOU AGREE THAT YOU USE THE SITE AND THE CONTENT AT YOUR OWN RISK.

NEITHER WE NOR OUR SERVICE PROVIDER WARRANT THAT THE SITE WILL OPERATE ERROR‑FREE OR THAT THIS SITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.

THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE AND OUR SERVICE PROVIDER HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON‑INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

IN NO EVENT SHALL WE OR OUR SERVICE PROVIDER BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF A WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you.  IN SUCH JURISDICTIONS, OUR AND OUR SERVICE PROVIDER’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

General

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us and our Service Provider without restriction.

"Lingumania Inc." is a private corporation registered in the Province of Ontario, Canada. If you access the Web Site from outside of Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms of Service and any matter relating to the Site (including our Privacy Policy) are governed by the internal substantive laws of the Province of Ontario without regard to its conflict of laws principles. Any dispute or controversy arising from use of the Site, our products, or these Terms of Service, must be brought in the courts of the Province of Ontario, and by using the Site or making a purchase from the Site, you agree to be subject to the personal jurisdiction of such courts.

If any provision of these Terms of Service is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Service, which shall remain in full force and effect.  Failure by us or our Service Provider to act on or enforce any provision of the Terms of Service shall not be construed as a waiver of that provision or any other provision in these Terms of Service.  No waiver shall be effective against us or our Service Provider unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.  Except as expressly agreed by the us and you, these Terms of Service constitute the entire agreement between you and us with respect to the subject matter, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter.  The section headings are provided merely for convenience and shall not be given any legal import.  These Terms of Service will inure to the benefit of our successors, assigns, licensees, and sublicensees.

 

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