The LingoZING! mobile application (the “Application”), as made available through the App Store, is licensed, not sold, to you. As used herein, “You” and “Your” refer to the individual or entity that wishes to use the Application. Your license to this Application is subject to your prior acceptance of these Mobile Application Terms and Conditions (“Terms and Conditions”) and you agree that these Terms and Conditions will apply to this Application. Your license to this Application under these Terms and conditions is granted by LingoZING Operations LTD (“Licensor”). Licensor reserves all ownership and intellectual property rights in and to the Application.
1. SCOPE OF LICENSE.
This license granted to you for the Application by Licensor is limited to a non-exclusive, non-transferable, non-sublicensable, revocable limited license to run the Application on two of your mobile devices tablet or/and smartphone (each a “Device” and collectively, the “Devices”) solely for the purpose of performing those functions and tasks available to you as an end user of the Application. This license does not allow you to use the Application on any Device that you do not own or control, and you may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Application. You may not copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law. Any attempt to do so is a violation of the rights of the Licensor. If you breach this restriction, you may be subject to prosecution and damages. You are not permitted to use the Application for any purpose other than as expressly permitted under these Terms and Conditions. You acknowledge that the Licensor may audit your use of the Application and that Licensor is not liable for any unauthorized access to the Application by someone other than you (including, without limitation, minors) in accordance with these Terms and Conditions. The Application requires use of the microphone or other audio device on your Devices. Accordingly, by using the Application, you expressly agree and consent to such use of the microphone or other audio device on your Devices.
2. CONSENT TO USE OF DATA.
3. PARENTAL ADVISORY.
Some content on the Application may not be suitable for children under the age of 17. If you are a user under the age of 18, please review these Terms and Conditions with your parents. Licensor and the Application do not intentionally collect personal information from children under the age of 13 on our Application. Because Licensor may provide access to content that may include strong language or depictions of violence, sex or substances abuse, parental discretion is advised for all users under the age of 18.
This Application is provided to assist you in language development and/or learning that may affect your daily lives. This Application does not constitute the practice of any medical or other professional advice, diagnosis or treatment. The contents of the Application, such as text, graphics, images, data, graphs, audio, videos, computer programs and other material and information (collectively the “Content”), are for informational purposes only and the Licensor provides no guarantees or warranties that you will learn and/or develop a language or any lingual skills as a result of using the Content and/or Application. Further, some Content may be graphic in nature and you assume all responsibility for accessing such graphic Content and hereby release Licensor from all liability associated with you accessing such Content.
5. CHANGES AND UPDATES.
Licensor may revise the information in this Application, or otherwise change or update the Application including these Terms and Conditions, without notice to you. Licensor may also make improvements and/or changes in services and functionalities or add new features at any time without notice. We encourage you to periodically read these Terms and Conditions to see if there have been any changes to our policies that may affect you. Your continued use of this Application will signify your continued agreement to these Terms and Conditions as they may be revised.
6. LINKS TO THIRD PARTY APPLICATIONS.
7. THIRD PARTY PROVIDERS.
The Application may enable you to order and receive products, information and services from businesses that are not owned or operated by Licensor. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. Licensor does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality or availability of such products or services. Licensor will not be a party to or in any way responsible for monitoring any transaction between you and Third Party Providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the Application.
8. ADVERTISEMENTS, SPONSORSHIPS, CO-PROMOTIONS AND OTHER PARTNERSHIPS.
Licensor may display advertisements for the goods and services of a third party on this Application, including in connection with co-promotions, rewards programs, discount programs, sponsorships and other similar partnership arrangements. Licensor does not endorse or represent and is not responsible for the safety, quality, accuracy, reliability, integrity or legality of any such goods or services advertised, promoted or displayed on this Application.
Licensor has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to the Application password or account. It is your sole responsibility to (a) control the disclosure and use of your activation codes and password; (b) authorize, monitor, and control access to and use of the Application account and password; and (c) promptly inform the Licensor of any need to deactivate a password.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION AND YOUR RELIANCE ON THE OPERATION, OUTPUT OR RESULTS OF THE APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE APPLICATION (THE “APPLICATION SERVICES”) ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND ANY APPLICATION SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR APPLICATION SERVICES PERFORMED OR PROVIDED BY, THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION OR APPLICATION SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION OR APPLICATION SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR, ITS AUTHORIZED REPRESENTATIVE, OR YOUR PROVIDER SHALL CREATE A WARRANTY. SHOULD THE APPLICATION OR APPLICATION SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
11. PRODUCT CLAIMS.
In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application to you, if applicable. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensor or the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Licensor’s sole responsibility.
12. LIMITATION ON LIABILITY.
LICENSOR, ITS AFFILIATES, AND SUPPLIERS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE APPLICATION, SITE-RELATED SERVICES AND PRODUCTS, CONTENT OR INFORMATION CONTAINED WITHIN THE APPLICATION, AND/OR ANY THIRD PARTY WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS APPLICATION, APPLICATION SERVICES, AND/OR THIRD PARTY WEB SITES IS TO STOP USING THE APPLICATION AND/OR THOSE SERVICES. THE MAXIMUM AMOUNT OF LIABILITY OF LICENSOR HEREUNDER SHALL BE THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION. IN NO EVENT WILL LICENSOR ISSUE A REFUND AFTER YOU COMPLETE YOUR PURCHASE OF THE APPLICATION.
13. PROHIBITED ACTIVITY.
You agree that you will not upload or transmit any communications or content of any type (including secure messaging) that infringe upon, misappropriate or violate any rights of any party. In consideration of being allowed to use the Application, you agree that the following actions shall constitute a material breach of these Terms and Conditions: (a) signing on as or pretending to be another person; (b) using secure messaging for any purpose in violation of local, state, national, international laws or posted Licensor policies; (c) transmitting material that infringes or violates the intellectual property rights of others or the privacy or publicity rights of others; (d) transmitting material that is unlawful, obscene, defamatory, predatory of minors, threatening, harassing, abusive, slanderous, or hateful to any person (including Licensor personnel) or entity as determined by Licensor in its sole discretion; (e) using interactive services in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others; (f) collecting information about others, including e-mail addresses; (g) intentionally distributing viruses or other harmful computer code; and (i) Licensor expressly reserves the right, in its sole discretion, to terminate a User’s access to the Application due to any act delineated above, or any act that would constitute a violation of these Terms and Conditions.
These Terms and Conditions are effective until terminated by you by deleting the Application or Licensor. Your rights under these Terms and Conditions will terminate automatically without notice from Licensor if you fail to comply with any of these Terms and Conditions. Upon termination, you shall cease all use of the Application, and destroy all copies, full or partial, of the Application.
Except as otherwise indicated, all content on the Application, including text, graphics, logos, button icons, photos, images, forms, audio, video, questionnaires, and software, is the property of Licensor or its licensors and is protected by applicable copyright laws. Licensor allows you to view or download a single copy of the material on the Application solely for your personal, noncommercial use. The compilation of all content on the Application is the exclusive property of Licensor or its licensors and is protected by applicable copyright laws. Unless specifically authorized in writing by Licensor, any use of these materials, or of any materials contributed to the Application by entities other than Licensor, on any other Web site or networked computer environment for any purpose is prohibited.
16. TRADEMARKS AND SERVICE MARKS.
Other proprietary marks of Licensor or third parties may be designated as such from time to time on the Application through use of the TM, SM, © or ® symbols. Application Users are not authorized to make any use of the Marks or the proprietary marks of third parties, including but not limited to, as metatags or in any other fashion that may create a false or misleading impression of affiliation or sponsorship with or by Licensor or the applicable third party.
17. EXPORT RESTRICTIONS.
You may not use or otherwise export or re-export the Application except as authorized by the laws of the jurisdiction in which the Application was obtained. By using the Application, you agree that you will not use the Application for any purpose prohibited by applicable law.
18. SEVERABILITY/GOVERNING LAW/JURISDICTION.
Any term or provision of these Terms and Conditions that is invalid or unenforceable in any situation in any jurisdiction shall not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation or in any other jurisdiction. The laws of the Country of Malta, excluding its conflicts of law rules (if any), govern this license and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
The Licensor of the Application is LingoZING Operations LTD and is located at 105 Old College Street, Apt 4, Sliema, SLM 1377 Malta. If you have any questions about the Application, please send an email to Info@lingozing.com.