Thank you for using the online language learning services ("Services") provided through the website linguatorium.com ("Website"). The Services are provided by Smart Language Systems, LLC ("we," "us," "our," or "ours"), an Iowa limited liability company. By using our Services, you are agreeing to these terms. Please read them carefully.
In rendering our Services, we use the service mark "Linguatorium" and the software programs "Linguatorium Lexis" and "Linguatorium Auris" under license from Linguatorium Project Association.
Our Services are intended to supplement teacher-led language learning and instruction. You may be using our Services as a language learner ("Learner") and/or as a teacher, an employee, a contractor, or an affiliate of an educational institution ("Instructor"). If you are using our Services on behalf of an institution, that institution accepts these terms. It will hold harmless and indemnify us and our affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.
You must follow any policies made available to you on our Website.
Don't misuse our Services. For example, don't interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
We may charge you a fee for your use of our Services. We will determine the amount of the fee, at our discretion, when Services are ordered. We may also provide discounts to you and/or waive the fee for you.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law.
Our Services display some content that is not ours. This content is the sole responsibility of the entity that makes it available. We may remove or refuse to display content that we reasonably believe violates our policies or the law, but that does not necessarily mean that we review all content.
When you submit content (for example, word lists, definitions, translations, or illustrations) to our Services, you retain ownership of any intellectual property rights that you hold in that content. You give us non-exclusive, perpetual, fully paid-up, royalty-free, worldwide, assignable license (with the right to sublicense) to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services and developing new ones. This license continues even if you stop using our Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
We respond to notices of alleged copyright infringement according to the process set out in the U.S. Digital Millennium Copyright Act. You can contact our designated copyright agent by mail at: Copyright Agent, Linguatorium Project Association, P.O. Box 9066, Ames, IA 50014-0002, USA; or by email at: firstname.lastname@example.org.
We are constantly changing and improving our Services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you. You can stop using our Services at any time. We may also stop providing Services to you at any time.
OTHER THAN AS EXPRESSLY SET OUT IN THIS AGREEMENT, NEITHER WE NOR OUR SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES "AS IS".
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
WHEN PERMITTED BY LAW, WE, AND OUR SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF US, AND OUR SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, WE, AND OUR SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
We may modify these terms from time to time (for example, to reflect changes to the law or changes to our Services). You should look at these terms regularly. We'll post notice of modifications to these terms on our Website. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for our Services or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms, you should discontinue your use of our Services. If you do not comply with these terms, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of Iowa, U.S.A., without regard to conflict of law principles, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Story County, Iowa, USA, and you and we consent to personal jurisdiction in those courts.