Welcome to Lingualia (hereinafter referred to as “The Website”), a social network for language learning with a revolutionary new method based on an artificially intelligent personal teacher.
Lingualia offers is service (the “Service”) subject to the following terms and conditions (the “Conditions”).
All users must read and understand the terms and conditions of use which are laid out below, and where they will find all information relating to their rights and responsibilities as users of Lingualia.
The user’s (hereinafter referred to as the “User”) access and use of the website implies that they have read, understood, and accepted these conditions of use regardless of whether they are a registered member of Lingualia, or not.
These terms of use regulate the access and use of the Website with the domain name www.lingualia.com, in addition to all content which is provided by the website and made available to the users.
When users access or use the website, or any of the tools of the social network, they declare that they have read and accepted to fulfil all of the conditions of use.
These conditions of use can be completed by Lingualia by particular conditions which regulate the use of certain services or products which the website may offer.
Lingualia reserves the exclusive right to review and modify these conditions of use at any time.
In the event of this, any and all changes will be notified via the website and Lingualia will acknowledge the continued use of the service which the website offers as acceptance on the part of the user of all changes made. If the user does not agree with the modifications, they are free to unsubscribe from Lingualia by following the process made available to them in the options menu.
Access to the website of users under 14 years of age is STRICTLY FORBIDDEN. Accepting these conditions guarantees that users are 14 or older and responsible for this decision.
Lingualia can contact any user at any time requesting that the user provide an official document guaranteeing proof of age. Lingualia reserves the right to block or cancel any account where proof of age is not forthcoming.
If Lingualia is informed of any registered user who is not 14 or older, it will take the appropriate measures to delete or block the account.
If a user is between 14 and 18 years of age, advising and consulting legal guardians is always recommended before releasing personal information to other users or connections via the website.
In order to become a Registered User and have access to a Profile, Lingualia must be provided with a name, a valid email address and other information (“Registration Data”).
In order to access and use the Service, the User must register and create an account. Upon registration, the user must fill in all compulsory fields with true, precise, current, and complete information in the way in which is indicated by the inscription form. Lingualia reserves the right to suspend or cancel any account and reject current or future use of the Service if there are suspicions that the information provided is false, vague, obsolete, or incomplete.
The registered User is solely responsible for protecting the confidentiality of their password an account, and also for any and all account activity. Each account is personal and non-transferable. The Registered User must not under any circumstances share their account information with third parties, and agrees to notify Lingualia in writing of any unauthorised activity concerning their password or account, e.g. security violations, and correctly log out of their account upon ending their session.
Lingualia cannot and will not be responsible for any loss or damage suffered as a consequence of any infringement by the User of these conditions.
Premium Account
Use of the basic version of Lingualia is completely free of charge. However, the User has the opportunity to subscribe to a Premium Account in order to access additional learning tools and content on the Website.
The premium account has included in the price the services of storage, maintenance and the processing of all user data and progress.
The prices and services relating to Premium Accounts are subject to change. Any change will be notified by Lingualia on the Website, before accepting payments of any new prices, in order to obtain consent from the Registered User.
Resale of Service
The User promises not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, use of the Service, or access to the Service without prior express written permission from Lingualia.
Payments
Where you have purchased a Paid Service (including a Premium membership), details of which can be found at www.lingualia.com/subscribe the following terms set out in this clause 4 - "payments" shall also apply to your use and access of the Paid Service.
Where there is any conflict between this clause 4 - "payments" and the other terms set out in these Terms of Service, the terms in this clause 4 - "payments" will prevail. The following terms shall apply to you whether or not you are the individual using the Paid Service or if you are a third party facilitating and/or paying on behalf of an individual (such as a student, employee, agent, contractor or other representative) to use the Paid Service. Notwithstanding the foregoing if you are using the Paid Service pursuant to an agreement entered into by Lingualia and a third party paying for and/or facilitating your use of the Paid Service then where the terms below are in conflict with the terms of the agreement entered into by Lingualia and the third party the terms of such agreement shall prevail.
1. The ordering process for Paid Services on the Site allows you to check your order before you proceed with your purchase, in this order all payment details and billing cycles are explained: please check the details of the order before you proceed to payment. The contract between you and Lingualia for the relevant Paid Service, which is subject to these Paid Services Terms, is formed at the time the payment is processed.
2. By placing an order, you agree to pay the stipulated fees (which may be separately agreed with Lingualia) for the relevant Paid Service(s) by credit card or any other form of payment accepted by Lingualia, along with the VAT (if applicable) and any other fees or amounts associated with such Paid Service(s). The most recent fees for each Paid Service are set out here: www.lingualia.com/subscribe and you acknowledge and agree that such fees may change from time to time. Any price changes will be announced on the Lingualia website and will not affect existing subscriptions (so if you have signed up for a membership for a certain price, price changes won’t affect your existing subscription, and will only apply to any future subscription purchase).
3. Lingualia uses secure payment service providers to make sure that your payments are secure.
4. In relation to Paid Services that are offered on a subscription basis, Lingualia offers different subscription periods so that you can choose the one that best meets your needs. Payment for subscription-based Paid Services is made in advance. Details of the different subscription types and prices are available here: www.lingualia.com/subscribe
5. Where a subscription-based Paid Service renews automatically, your credit card will be charged automatically at the end of your current subscription period and your subscription will, unless you cancel it, be renewed for the same period of time. Subscriptions do not expire during the subscription period due to non-use of the subscribed Paid Service. You can check on the length of your subscription at any time by viewing your account information or going to "Settings" and then “Subscription” within the Site.
6. Lingualia may run promotions and free offers which may be subject to additional terms or restrictions. These promotions and offers may not be shared among different Users.
7. Please be advised before you pay that, unless and to the extent expressly set out to the contrary in these Paid Services terms (and particularly the 7-Day Money Back Guarantee described below) or otherwise agreed with Lingualia in writing, any amounts paid in advance will not be refunded.
8. You may cancel any purchase of a Paid Service and claim a refund from Lingualia for any reason within the first 7 working days following your initial purchase. Your rights to terminate and claim a refund are referred to elsewhere in these terms as the “7-Day Money Back Guarantee”.
9. Lingualia may suspend or terminate your access to and/or use of any one or more Paid Services immediately and without liability if:
9. 1. Lingualia has reason to believe that you are in breach of or have acted inconsistently with these Paid Services Terms; or
9. 2. Lingualia is entitled to suspend or terminate your account, or your use of the Service generally, under clause 9 below.
The collection and processing of personal information, in addition to the exercise of rights surrounding personal information are regulated by these conditions of use and by the privacy policy, whose terms of which are incorporated into and referenced by these Conditions.
The Registered User is solely responsible for all information shared on their Profile.
By accepting the Conditions, the User accepts and consents to data collection and any subsequent manipulation, in addition to the publication of this information as mentioned in the Privacy Policy.
All information, music, sound, image, graphic, video, text, software, message, tag or any other material (“Content”) which is available to the public or shared privately is the responsibility of the person who originally generated said Content.
Under no circumstances will Lingualia be responsible for Content which has been published, shared or uploaded by a Registered User onto the Website. Lingualia does not control Content published onto the Service and therefore does not guarantee the accuracy, integrity, or quality or said Content.
The User understands and accepts that by using the Service they may be exposed to offensive, indecent or reprehensible. Under no circumstances will Lingualia be responsible in any way for Content included, but not limited to errors or omissions, nor for any loss or damage of any kind incurred as the result of the use of any Content published, or otherwise accessible through the Service.
Lingualia reserves the right, at its discretion, to reject, move or delete any Content available on the Service which violates the Conditions or is considered reprehensible. The User expressly understands that Lingualia will not monitor Content.
Lingualia will not claim ownership of Content which the User displays in their Profile. In agreement with these Conditions, the User grants Lingualia free, global and non-exclusive license to reproduce, modify, adapt and publish the Content included in the Profile with the exclusive intention of displaying, distributing , and publishing that Profile in Lingualia.
This license will come into effect once the User becomes a Registered User. However, the User understands that some Content such as comments, emails, and messages which are not directly included in their Profile, may remain available even after the deletion of their Profile.
The User is expressly obliged to use the Service in a diligent, appropriate, and legal way: In addition to this, the User will abstain from violating any applicable (local, autonomous, state or international) legislation, (property, intellectual, industrial or other) property rights and trade secrets. The User specifically accepts not to use the Service for:
Loading, publishing, emailing, transmitting by any means available Content which is deemed illicit, dangerous, threatening, defamatory, vulgar, obscene, libidinous, a violation of third-party privacy, racist, or in any other way, reprehensible.
Harming minors in any way.
Assuming the identity of any other person or organisation including, but not limited to, employees or representatives of Lingualia, moderators, founders of forums or groups, or generally any other nonexistent person, member of an organisation, nor lie about any other person or entity.
Using the Service to redirect traffic to another website, using the Service to promote other websites and services which bear no relation to Lingualia.
Counterfeiting content or manipulating tags in any way with the objective of hiding the origin of any Content published on the Service.
Upload, publish, email, or communicate by any means, Content to which the User has no legal, contractual or any other right to (such as privileged and confidential information, learned or disclosed as part of employment relationships or under nondisclosure agreements).
Upload, publish, email, or communicate by any means, solicited or unsolicited adverts and promotional material, including “chain letters”, “junk mail”, “pyramid schemes” or any other form of unsolicited mass mailing.
Upload, publish, email, communicate by any means, material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Disrupt the normal course of conversation, cause computer screens to acquire more or less speed than normal, impeding communications.
Sexually harass or in any way threaten other users, people, or organisations in general
Collect or store personal information about other people in connection with the prohibited conduct and activities set out in previous paragraphs.
Lingualia reserves the right to cancel, at any time and without warning, any User account which has been reported for the violation of these Conditions.
The User acknowledges and accepts that Lingualia can maintain and disclose Content if required to do so by law or in the good faith that said maintenance and disclosure is reasonably necessary to: a) comply with legal processes, b) enforce these conditions, c) respond to claims of violation of third-party rights about Content, or d) protect rights, property or personal safety of Lingualia, its Users and the public.
Indemnity
The User agrees to indemnify and hold Lingualia and its subsidiaries, affiliates, agents, directors, collaborators or other partners, and employees, harmless from any claim or lawsuit, including reasonable attorneys' fees, made by any third party on the basis of content, use of the Service, connection to the Service, violation of the Terms, or violation of any third-party rights, whether as a Registered User or otherwise.
General Practices Regarding Use and Storage
The User acknowledges and agrees that Lingualia will not be liable for the deletion or failure to store any messages, communications or Content maintained and communicated via the Service.
The User acknowledges and accepts that Lingualia reserves the right to deactivate and remove any User accounts (and their Content) after remaining inactive for a period of more than six months.
The website may contain third-party content and links to other websites (“Linked Websites”).
Lingualia does not promote, publicise, recommend, nor in an way, accept responsibility for Linked Websites.
What’s more, Linked Websites are not under Lingualia’s control and therefore Lingualia will not be responsible for the content not the privacy procedures carried out by Linked Website, including but not limited to Linked Website content links, or any modifications of updates.
Lingualia offers Users third-party content and Linked Sites solely as an additional extra, but this does not imply any endorsement on the party of Lingualia in favour of any third party. Additionally, the User acknowledges and accepts that Lingualia is not responsible either directly or indirectly, for any damage or loss caused or related to the use or security of any such Content, goods or services available through any such site or resource.
Lingualia is not responsible for the content of other websites that Users may find or access while using the Service. Material available on or through other web sites may be protected by legislation for the rights of industrial or intellectual property of any country. Such material will be subject to their respective terms and conditions and not those of Lingualia.
Text, images, graphics, audios, user interface and other content provided by the Service and the selection, coordination, and availability of such Content, are all covered by Copyright and belong to Lingualia or third-party license holders to the fullest extent provided by Spanish, European and international copyright laws.
Any reproduction, copying, or distribution of content for commercial purposes is strictly prohibited without the written consent of Lingualia.
Deals, correspondence or participation by the User in promotions from advertisers found on or through the use of the Service, including payment and delivery of goods and services and any other terms, conditions, warranties associated with such dealings, are exclusive the business of the User and advertisers themselves. The User acknowledges that Lingualia shall by no means be liable for any loss or damage of any kind resulting from these dealings or as the result of the presence of such advertisers on the Service.
The User acknowledges and agrees that the Service may include adverts and that these adverts are necessary for Lingualia in order for them to provide the Service. Furthermore, the User acknowledges and agrees that they will not hide from view any advert using HTML / CSS or by any other means. By using the Service, the User acknowledges that Lingualia has the right to run such adverts with or without prior notice, and without compensating the User. The manner, type and size of adverts which may appear on User profiles are solely Lingualia’s decision, and they may modified at Lingualia’s discretion.
The User can cancel the Service at any time from the option on their Profile. Upon cancellation, the User will no longer be able to access their profile, and all related information may be deleted by Lingualia. However, the User is aware that certain Content, such as comments, emails or messages which were not directly included on their Profile may remain available after account cancellation.
Lingualia will not be responsible for the deletion of said information or content.
The User agrees that Lingualia, at their discretion, may terminate any User account, and remove or delete Content which the User has published or shared on the Service, for any reason at all, including but not limited to suspicions of violation of or disregard for the Terms and Conditions, or that the account has remained inactive for over six months.
At this point, any contract whether verbal, written or otherwise, in conjunction with the deleted Profile and all of its subsections, will also be terminated at the sole discretion of Lingualia.
Lingualia can, at their discretion, at any time, discontinue part or all of the Service without warning. The User accepts that the withdrawal of access to the Service in accordance with these Terms and Conditions will be carried out without notice, and therefore accepts that Lingualia can immediately deactivate or delete their Profile along with the information and files associated to the account. Lingualia reserves the right to deny any further access to said files or the Service itself. The User agrees and accepts that Lingualia will not be responsible in any way possible to the User or any third party, for any consequences which derive from the termination of User access to the Service.
The User agrees and accepts that the Service and any software used in connection to the Service (“Software”) contains rights and confidential information which is protected by the applicable legislation concerning industrial and intellectual property.
The User may not modify, rent, lease, lend, sell, distribute or build upon the Service itself, nor any part of it, without the express written authorisation of Lingualia.
Furthermore, the User accepts that in order to use the Software and the Content of a third-party website, they must accepts those unique Terms and Conditions in addition to these.
Lingualia guarantees the User a non-transferable and non-exclusive license to use the object code of the Software on a personal computer, provided that the User does not copy, modify, create a derivative work, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, provide guarantee, or otherwise transfer any right of the Software, including (without limitation) for the purpose of obtaining unauthorised access to the Service. The User agrees not to access the Service by any means other than the interface that Lingualia provides.
Lingualia expressly disclaims all warranties of any kind, express or implied, including but not limited to implied warranties of commerce, fit for a particular purpose and non-infringement.
Lingualia does not guarantee the results or lack of results in the study of languages.
Lingualia assumes no responsibility for any damage, direct or indirect loss of data, or any other damage to the business that may arise by error or delay in the delivery of information, restriction or loss of access, or other programming errors, unauthorised use due to shared access to the Service or any other interactions with the Service.
Lingualia assumes no responsibility for material downloaded or with respect to material obtained through the use of the Service, the User will be solely responsible for any damage that can be generated in a computer system or loss of data generated by downloading any material from the Service.
The User acknowledges and agrees that Lingualia not be liable for any data whether direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages such as loss of profits, use, data or any other intangible losses - even if Lingualia was advised of the possibility of such damages - as a result of any matter relating to the Service.
The User acknowledges and agrees that under no circumstances will Lingualia be liable in any way for the acts or omissions of other Members, including any damages resulting from such acts or omissions. The User assumes full responsibility for any claim, lawsuit or out-of-court hearing, of any type or kind arising from or in any way connected with conflicts with other Users.
Some jurisdictions do not allow the exclusion or limitation of liability for data, in those cases Lingualia’s responsibility will always be of maximum exclusion or limitation permitted by the law of that jurisdiction.
Applies Legislation and competent Jurisdiction
These Terms and the relationship between User and Lingualia are governed by Spanish law. Lingualia and the User expressly agree and submit to the courts of the city of Valencia (Spain) expressly waiving any other jurisdiction that may apply.
Disclaimer and Integrity of Terms
Should Lingualia choose not to exercise its corresponding rights in the event of a breach of any clause included in these Conditions, it will not be deemed a waiver of rights for any other similar or different kind of breach.
If any of these Terms is found void or unenforceable in whole or in part by any court, the parties nevertheless agree that the court should endeavour to give effect to the intentions of the parties involved, and the remaining provisions remain valid.
Non survival and non transferability
The User accepts that they cannot transfer their Lingualia account, nor their Profile, Registered account or Premium account, nor the content of their account, and that such information will cease to exist upon the death of the User. Once Lingualia has received a death certificate, the User account will be terminated, and all account information deleted.
Corporate Information
The Website belongs to and is operated by Lingualia SL, a Spanish company based in Calle los Leones 60, bajo, 46020 Valencia (SPAIN).
Lingualia SL is duly registered in the Trade Register of Valencia in Volume 9548, Book 6830, Sheet 77, Page V 151160 dated 21st November, 2012, with the Company Tax Code B98488042.
For any questions or to report any violations of these Terms please contact us through this page. Or write to: Lingualia SL Calle los Leones 60, bajo 46020 Valencia SPAIN
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