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01. Introduction

Thank you for choosing our Service and for having a look at our Terms of Use! To give you a brief description about Us; We are an online community/service for learning languages. Our Service is owned and operated by Lingorail LLC, a limited liability company with company number 04536598 and with its registered address at Example Address, Delaware, United States of America.

Our services include a wide variety of content and courses, from beginner to advanced, designed to facilitate learning of a wide range of subjects which are available at our website https://lingorail.com or any other device, whether invented or to be invented, by which you can access our content and courses, collectively being our Services to you.

02. Interpretations and definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • Country refers to Delaware, United States.

  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Lingorail LLC, Example Address, Delaware USA.

  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

  • Service refers to the Website.

  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

  • Website refers to Lingorail, accessible from https://lingorail.com

  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

03. Acceptance of Terms

By accessing or using any part of our Service, you represent that you have read, understood, and agree to be bound by these Terms and Conditions including any future modifications. You also confirm that you are either at least 18 years old or, if you are younger than 18, that you have the permission of your parent or legal guardian, who will take responsibility for your compliance with these Terms of Use. Our Service is not intended for use by childtren under the age of 13.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Service and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account.

If you do not agree to these Terms, please do not use the Service. If you violate any of these Terms of Use, we reserve the right to cancel your account or block access to your account without notice.

04. Registration For our Service

In order for you to have access to all the features we have in the Service, you must have a valid account. In order to obtain an account, you must register with Us by providing your full name, a valid email address and other information as required by the registration process on the Website. As part of that registration, you will choose a password and a username for Your profile.

You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. Each account must be used individually and is not transferable. Also, You must immediately notify us via our Contact Us page of any suspected or actual, unauthorized or fraudulent use of your Account or any other breach of security.

You agree to provide accurate, current and complete information about you and/or your organization as requested by our Service, and to maintain and promptly update any registration information you provide to Us, to keep such information accurate, current and complete.

We reserve the right to delete your Profile and suspend or terminate your Account if we, acting reasonably, suspect that any information you provide in your Profile is untrue, inaccurate or does not comply with our Terms.

05. COPPA Compliance

To the extent that the Children’s Online Privacy Protection Act 1998 is deemed to apply to us, our Service is not aimed at children and does not seek to collect personal information from children under 13. You may request access and/or rectification of your data or data relating to your children at all times via our Contact Us page.

06. Our content

All of the content available through the Services including the right to sue for passing off, design rights, reports, data, databases, tools, code, photographs, pictures, video, interfaces, web-pages, designs, text, graphics, images, information, software, audio and other media files, their selection and arrangement, materials and all other intellectual property rights are owned by Us or are licensed to us by a third party.

You acknowledge and accept that you are expressly prohibited from using Our Content except where we grant you a limited license to use Our Content in connection with the Services.

Our name and logo is our service mark. To the extent that there are trademarks, service marks and/or logos from other organisations on our Service Website, they are the trademarks, service marks and logos of those respective organisations. You are granted no general right or commercial license with respect to our Service mark, service marks and logos or of the trademarks, service marks or logos of those other organisations.

07. User behaviour on the Service

You are entirely responsible for the content that You post. we do not guarantee the accuracy, or integrity or quality of any User Content posted by other users. You represent and warrant that the User Content which you post and your use of the Service shall not: Breach, violate or infringe in any way upon the intellectual property rights of any third party; Cause harm to minors in any way: Intimidate, stalk, mock lambast, scare, pervert, or otherwise harass another individual; Be used to intentionally or unintentionally contravene or in any way not comply with regional, national and international law; Be used to forge headers or otherwise manipulate any content transmitted through the Service in order to disguise its origin; Overburden, damage or impair the operation of the Website or the Service; Be used as a forwarding service to another website; Harvest or collect email addresses or other personal information from other users for any purpose whatsoever, including but not limited to sending unsolicited emails or messages; Be used to register for more than a small number of Accounts; Be used to register for an Account for anyone other than yourself; Be used to register for an account for which you falsely state personal information or otherwise misinterpret yourself.

You must not misuse our Service by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Services, the server(s) on which our Services are stored or any server, computer or database connected to our Services. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.

You acknowledge and agree that we may preserve User Content and may also disclose User Content if required to do so by law, or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of us, our users and the general public.

08. Inappropriate Use

You agree not to upload, display or otherwise provide on or through the Service any content that is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or infringes upon the right of any third party (including copyright, privacy, publicity or other personal or proprietary rights); or in our Service’s sole judgment, is objectionable or which restricts or inhibits any other person from using the Service or which may expose the Service or its users to any harm or liability of any kind.

09. License

Subject to your compliance with these Terms, we grant you a limited, personal, non-transferable, non-sublicensable, worldwide and non-exclusive licence to use Our Content for the exclusive purpose of using the Services for your own personal, non-commercial use Licence. Your Licence to use Our Content is restricted to use of the object code of the Software, and it is a condition of the Licence that, except where permitted under applicable law, you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, rent, lease, loan, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software.

You agree not to access the Apps or the Website by any means other than through the interfaces that are provided by us for use in accessing the Service.

10. Intellectual Property Rights

You acknowledge and agree that all Intellectual Property Rights in the Service, the Site, any necessary software used in connection with the Service ("Software"), and all content (including text, videos, images or other materials) contained within the Site and the Service other than User Content (“Content”) belong to Us and our licensors and that, except for the limited licence rights granted to you, We and Our licensors expressly reserve all Intellectual Property Rights in and to the Service, the Site, the Content and the Software. The term “Intellectual Property Rights” means copyright, patents, service marks, trade names, rights in know-how, database rights, design rights and other intellectual property rights or equivalent forms of protection, of whatever nature arising anywhere in the world, whether registered or unregistered and including applications for the grant of such rights.

11. Third-Party Links, Websites, and Services

Our Service may contain third-party owned content and and links to other websites, services, special offers, or other events or activies. We do not endorse, sponsor, recommend, or otherwise accept responsiblity for any Third Party Websites. In addition, Third Party Websites are not under our control and we are not responsible for the content or privacy practises of the Third Party Websites, including without limitation, links contained on Third Party Websites or any changes or updates to Third Party Websites.

We may provide third party content and Third Party Websites to you only as a convenience, and the inclusion of such third party content and Third Party Websites is not an endorsement by us in favour of any third party.

You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through Third Party Websites. We have no responsibility for the content on Third Party Websites that you may find or access when using our Services. Content available on or through Third Party Websites may be protected by copyright and the intellectual property laws of any country.

12. Cookies

We use "Cookies" to identify the areas of our website that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to enhance the performance and functionality of our service but are non-essential to their use. However, without these cookies, certain functionality may become unavailable or you would be required to enter your login details every time you visit our platform as we would not be able to remember that you had logged in previously. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our website correctly or at all. We never place Personally Identifiable Information in Cookies.

13. Termination

You can delete your account and terminate your use of the Services at any time by locating the ‘delete account’ option in the settings section of your Profile. Once you have deleted your Account, your Licence will be revoked and you will no longer have access to your Profile and we will delete all of the information contained in your Profile.

We reserve the right to modify, temporarily suspend or permanently delete your Account and terminate your access to the Services if we have reason to believe that you have breached or acted inconsistently with the Terms. Following termination, your Licence will be automatically revoked and we reserve the right to delete your Account, erase all or any information on your Profile and discard any of your User Content. You agree that we shall not be liable to you for any modification or discontinuance of the Service.

Please be aware that due to technical reasons beyond our control, it might take some time until your personal information disappears completely from our databases. We accept no liability for deletion of information or content from your Profile.

You acknowledge and accept that certain User Content may remain after the cancellation/termination of your Profile/Account and that the User Content Licence shall not be revoked or terminated.

14. No Representations Or Warranties

We, our officers, employees, contractors, suppliers, affiliates, agents and licensors do not guarantee that our Services, or any content therein, will always be available, uninterrupted and free from bugs or viruses and you should use your own anti-virus software. You are responsible for configuring your information technology, computer and mobile phone programmes and platform to access any of our Services. We may suspend or withdraw or restrict the availability of all or any part of our Services for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal, but this may not be possible.

You understand and agree that the Services are provided “AS IS” and that you use the Services at your own risk. To the fullest extent permitted by applicable law, we expressly disclaim all warranties of any kind, whether express or implied, including but not limited to any implied warranties of fitness of the Services for a particular purpose. We do not make any representation or warranty of any kind and do not assume any responsibility for any improvement of your language learning or your learning of any other subject by use of our Services, accuracy of Our Content, User Content or any other content available by use of the Services. Access to the Services may be slow, limited or unavailable during periods of peak demand, system upgrades, malfunctions or scheduled or unscheduled maintenance, or for any other reason beyond our reasonable control.

Our Content and User Content available by use of our Services is provided for general information only. It is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

15. Limitation Of Liability

You acknowledge and warrant that we, our officers, employees, contractors, suppliers, affiliates, agents and licensors are not and shall not be liable to you for any damages, including but not limited to loss of profit, inaccurate results, loss or corruption of Your Content or any data, data being inaccurate, the cost of recovering any data or Your Content, inability to access the Services, the cost of substitute services, claims by third parties for any damage to computers, software, modems, telephones or any other property, indirect, incidental, special, consequential or exemplary damages, even where we have been advised of the possibility of such damages. We only provide our site for consumer private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

The maximum aggregate liability of us to you in relation to any paid Services (whether such liability arises in contract, tort (including negligence), breach of statutory duty or otherwise) shall, to the fullest extent permitted by applicable law, not exceed the total amount of the Fees paid by you to us for the Services in the 12 months prior to the initial action giving rise to the liability, which is an aggregate limit that will not increase according to the number of claims brought by you. If no Fees have been paid by you and your use of the Services has been limited to the free Services, you shall not be entitled to any damages of any kind.

If you have a dispute with another User relating to, arising from, or in any way connected with use of the Services, you release us from all claims, demands and damages of any kind or nature arising out of or in any way connected with such dispute.

16. Indemnification

You agree to indemnify and hold us, our officers, employees, contractors, suppliers, affiliates, agents and licensors harmless from any losses, damages, cost, expense (including reasonable legal fees) or other liability, arising out of any claim, demand, allegation or proceeding brought by any third party due to, or arising out of your User Content, your use of the Service, your connection to the Service, your breach of the Terms, or your violation of any rights of another person or entity.

17. Typographical Errors

In the event a product and/or Service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the product and/or Service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or other payment account in the amount of the charge.

18. 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.

19. Miscellaneous

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms & Conditions to be unenforceable, the remainder of these Terms & Conditions will continue in full force and effect. Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by an authorized representative of us. We will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. We operate and control our Service from our offices. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access our Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms & Conditions (which include and incorporate our Privacy Policy) contains the entire understanding, and supersedes all prior understandings, between you and us concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import.

20. General Information

Applicable legislation and jurisdiction

These Terms of Use and the relationship between you and Us shall be governed by the laws of Delaware, United States of America without regard to any conflict of law provisions of any jurisdiction. You and Us agree to submit to the exclusive jurisdiction of the state of Delaware courts, except that We may seek injunctive relief in any jurisdiction in order to enforce its rights under these Terms of Use.

Third party rights

Under these Terms of Use, no person other than you and Us shall have any rights in relation to your access and/or use of the Site, the Service and/or the Content, provided that Our third party licensors may take action against you to enforce their Intellectual Property Rights or other rights.

Waiver and severability

If we fail to exercise or enforce any right or provision of the Terms of Use, failure shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

Entire agreement

You agree that these Terms of Use represent the entire understanding between you and Us in respect of your relationship with Our Service as a User. These Terms of Use supersede any previous agreements, promises, assurances, warranties between you and Us including any previous version of these Terms of Use.

21. Contact Us

Please contact us for any questions you might have regarding our Terms of Use or in the case of reporting any breaches in our Terms via our Contact Us page.

تم تحديث هذه الوثيقة آخر مرة في 19 سبتمبر 2021.

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