1. INTRODUCTION
1.1 This document, which may also be referred to as “Terms of Service”, “Terms”, “User Agreement” or “Agreement” throughout, is a legally binding agreement between individuals, businesses, and organizations (Users) and SPEAKLINGUA (speaklingua.com), which may also be referred to as the “Website” or “Web-site” hereafter.
1.2 The terms “us”, “we”, and “ours” may also be used to refer to SPEAKLINGUA throughout, while the terms “you”, “your”, “User”, and “Visitor”, may be used to refer to all users of Website. The terms “Content” and “Contents” are used to refer to any materials made available via Website.
1.3 To access and use all Contents and services provided by Website you confirm that you are at least 18 (eighteen) years of age (or the legal age in your state, country or locality if greater than 18).
1.4 By using our Website you agree that you comply with the terms of this Agreement and our Rules. You also confirm that you agree to comply with our Privacy Policy and Refund Policy.
2. GAINING ACCESS TO AND USING WEBSITE
2.1 You are granted a nonexclusive, non-transferable, and revocable license to access and use our Website in accordance with the terms of this Agreement. Your rights under this Agreement cannot be transferred or assigned, and any such attempt shall be null and void.
2.2 This Agreement does not establish any agency, partnership, joint venture, employment, or franchise relationship between you and us.
2.3 We reserve the right to suspend the operation of our Website temporarily or indefinitely, including for maintenance purposes. Additionally, we reserve the right to modify our Website:
2.3.1 Due to technical reasons such as server issues, hardware or software failures, cyberattacks, etc.
2.3.2 To update our hardware or software to enhance the Website and/or user experience.
2.3.3 For legitimate reasons such as privacy concerns or valid objections regarding the content or upkeep of our Website.
2.3.4 If we determine that the Website no longer has a viable commercial purpose.
2.3.5 In response to any changes in the services we provide.
2.4 We do not guarantee that our Website will always be available, as it may be temporarily or indefinitely inaccessible due to technical or maintenance issues. Our Website is susceptible to viruses, hacker attacks, hardware and software malfunctions, and other unforeseen issues beyond our control.
2.4.1 We are not responsible for any problems or damage, including material loss, experienced by Users of our Services due to technical issues.
2.4.2 We are not responsible for any problems or damage experienced by Users of our Services caused by Internet or data failures.
2.4.3 We commit to taking all reasonable actions to restore proper functionality of our Services in the event of technical or maintenance issues.
2.5 All issues and/or costs related to Internet connections and/or mobile data services are the responsibility of the individual User. We recommend that all Users verify the costs of any Internet or data connections before using our Website.
3. USER CONTENTS
3.1 Users may transmit text, audio (verbal statements), and video information to other Users. By making any User Content available through the Website, you hereby grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, and otherwise exploit such User Content on, through, or by means of the Website and third-party websites. This includes the use of said Content for commercial purposes.
3.2 We do not claim any ownership rights in any such User Content, and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any such User Content. The copyright for all Content remains with the User who provided it.
3.3 You acknowledge and agree that you are solely responsible for all User Content that you make available through the Website. Accordingly, you represent and warrant that you are either the sole and exclusive owner of all User Content that you make available through the Website or that you have all rights, licenses, consents, and releases necessary to grant us the rights to such User Content, as outlined in this Agreement.
3.4 You represent and warrant that neither the User Content nor your broadcasting or transmission of the User Content, nor our use of the User Content (or any portion thereof) on, through, or by means of the Website or third-party websites, will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
3.5 The copyright to all other Content, including graphics, UI design, etc., found on our Website belongs to us.
3.6 You agree not to provide any Content that violates the terms of this Agreement and our Rules, infringes the rights of other Users, or may be considered obscene or offensive to others.
3.7 You agree not to transmit any Content that violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability.
3.8 You agree not to promote, advertise, or offer any type of commercial services when using our Website. You agree not to use the Website or Content for any commercial purpose, for the benefit of any third party, or in any manner not permitted by this Agreement.
4. MALICIOUS USER ACTIVITY
You agree not to do any of the following:
4.1 Attempt to probe, scan, or test the vulnerability of any our system or network or breach any security or authentication measures;
4.2 Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another User) to protect the Website or Content;
4.3 Attempt to access or search the Website or Content or download Content from the Website through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than generally available third party web browsers;
4.4 Forge any TCP/IP packet header or any part of the header information in any email posting, or in any way use the Website or Content to send altered, deceptive or false source-identifying information;
4.5 Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website or Content;
4.6 Interfere with, or attempt to interfere with, the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Website;
4.7 Develop a competing application or website;
4.8 Encourage or enable any other individual to do any of the foregoing.
5. PAID PRODUCTS OR SERVICES
We offer paid products or services to our Users on our Website, including but not limited to digital goods, services, and subscriptions.
5.1 If you make a purchase from us, you also represent and warrant that:
5.1.1 You have read the product or service description and clearly understand its nature;
5.1.2 Any payment information you provide is true and complete;
5.1.3 Charges incurred by you will be honored by your bank or credit card company;
5.1.4 You will pay the charges incurred by you at the posted prices, including any applicable taxes;
5.1.5 If your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.
5.2 Paid services may not be transferred to third parties.
5.3 We may offer additional paid features on our Website, such as the ability to remove a ban before the expiry of the ban period. These paid features may be purchased via a range of proposed payment methods on our Website.
5.4 All payments for paid services on our Website are subject to our Refund Policy.
5.5 If you believe that the nature of the product or service is not clear enough to you, please refrain from purchasing it and feel free to contact us before making a purchase.
6. EXTERNAL URLS
6.1 We reserve the right to include links to external websites, Internet resources, and third-party goods on our Website.
6.2 While we strive to provide links only to reputable third-party resources, we cannot accept responsibility or liability for the content of third-party websites, the security of your personal information on such sites, or any actions you may take on external websites. You acknowledge sole responsibility for and assume all risks arising from your use of any such websites or resources. You also acknowledge and agree that we are not responsible or liable for the availability or accuracy of external websites or resources, nor for the content, products, or services offered on or available from such websites or resources.
7.LINKING AND EMBEDDING
You may provide links to our Website and embed it on your websites, applications, or other Internet resources, provided that:
7.1 You do not remove or obscure any portion of our Website by framing or otherwise;
7.2 Your application, Internet resource, or website does not engage in illegal or pornographic activities;
7.3 You cease providing links to our Website and embedding our Website immediately upon our request.
8. TERMINATION OF ACCESS
8.1 Any User who violates our Rules while using our Website, the terms of this Agreement, or provides or distributes Content as outlined in section 3 of this Agreement, may have their access to our Website limited without notice or obligation (financial or otherwise). We reserve the right to use any software, technical, legal, and other means to enforce these terms, including, but not limited to, blocking certain IP addresses.
8.2 While we attempt to notify all Users about any such restrictions, we are not obligated to do so.
8.3 The duration of temporary access limitations is determined by us and may be changed from time to time. You agree that we shall not be liable to you or other Users for any changes to ban periods for any kind of violation.
8.4 Any provisions related to limitation of liability, disclaimers, and indemnification survive termination of this Agreement or termination of your use of our Website.
9. ABUSES AND COMPLAINTS
9.1 Any instances of abuse, violations of the Rules, and/or improper use of your copyright by other Users may be reported via email addresses, contact forms, and other contact methods provided on our Website.
9.2 Users who attempt to resolve disputes with other Users of our Website by violating our Rules, the terms of this Agreement, or Privacy Policy, and/or by engaging in illegal actions such as making inappropriate remarks to other Users may have their access to our Website limited on a temporary or permanent basis, as outlined in section 6 of this Agreement.
10. LIMITATION OF LIABILITY
10.1 We disclaim responsibility for any actions taken by our Users while on our Website or for any of the Content provided by them.
10.2 We do not accept any liability resulting from the use of our Website, including liability resulting from lawsuits, penalties, claims, damages, obligations, expenses of any nature and type, including direct, indirect, occasional, penalties, and/or losses caused by negligence, service interruption, loss of data, hardware damage due to virus attacks, loss of income, loss of opportunity, waste of office time, breach of contract, third-party claims, or any other losses that may have been foreseeable as those which may be caused during the use of our Website. This limitation of liability covers, but is not limited to, transmission of any software or viruses that may harm your hardware, cause malfunctions of mechanical or electrical hardware or communication lines, other connection issues (such as the impossibility of Internet access), unauthorized access, theft, injury, property damage, operator errors, strikes, or force majeure, including, but not limited to, liability for loss of income, profits or contracts loss, loss of business, loss of anticipated savings, loss of goodwill, loss of data, loss of office time, and any other loss or damage of any kind.
10.3 You agree to indemnify SPEAKLINGUA and its employees from any and all third-party claims and any losses and costs incurred from claims resulting from your actions while using our Website or due to Content provided by you.
11. AMENDMENTS
We reserve the right, without prior notification to you, to amend or change our Rules, Privacy Policy, Refund Policy, and this Agreement.
11.1 The most recent and up-to-date copies of the above documents are published on our Website.
11.2 Any amendments become active and valid from the moment the amended text is updated on the respective page on our Website.
11.3 In some instances, we may notify Users of amendments to documents; however, it is the responsibility of the User to regularly check the respective pages for updates.
11.4 If you disagree with any terms outlined in this Agreement, you should cease using our Website immediately. Continuing to use our Website after any amendments come into effect indicates that you agree with all changes and the amended terms of this Agreement.