Acceptance of Terms of Service: This agreement governs your use of the Linguachet.com website (“website”), as well as any associated mobile applications or services (“services”). BY USING THE SITE OR ANY OF THESE APPLICATIONS, YOU IRREVOCABLY AGREE TO BE BOUND BY THESE TERMS. If you do not agree to these terms, do not enter or use the Linguachet.com website or applications. If these terms of service change, a notice will be placed on our website prompting you to review the terms. By continuing to use the website, you signify your agreement to any such changes. If you do not agree to said changes, you agree to notify us immediately and to discontinue immediately your use of the website and all associated services.
E.U.: As the European Union has enacted its own data privacy laws to apply to its citizens, all users are advised that Linguachet.com is not designed or intended for use by citizens of the European Union nor to be accessed on or through any network housed in any European Union country. We truly regret this necessary inconvenience.
Termination: We reserve the right, at our sole discretion, to suspend or terminate immediately and without notice these Terms of Service and/or your subscription with and/or ability to access the website and/or services upon any breach by you of the Terms of Service.
Modifications of Terms of Service: We reserve the right, at our sole discretion, to make changes to the Terms of Service. Each time you log on to the website or services, you signify your acceptance of and consent to these changes.
Modifications of Website or Services: We may add, modify, update, or remove content of the site or services at our sole discretion, without any notice to you and without liability to you or any third party. Membership fees are fully earned upon payment. In the event that Linguachet.com is discontinued, liability will be limited to the paid subscription price, prorated to amount of time remaining on subscription.
Content of Messages: You alone are responsible for the content and consequences of your messages or any other content you submit to or through the website or its services. We reserve the right to terminate immediately and without notice your subscription, access, and/or services, if we become aware and determine in our sole discretion that you have violated any of the following guidelines: Any use of other subscribers’ information for commercial purposes is prohibited. Linguachet.com is for your personal use only; any commercial use is strictly prohibited without prior and specific written permission from us. You also agree not to post on or using the website or services any content that is, in our sole discretion, abusive, harassing, threatening, vulgar, obscene, profane, sexually-oriented, libelous, racially-oriented, inaccurate, or otherwise objectionable. For the purposes of this agreement, “masked” vulgarity or obscenity will be deemed as equivalent to including the actual word, phrase, or symbol, on your post, message, or elsewhere within the site or services. We reserve the right to delete immediately and without notice any such material from the site and/or services as well as to suspend or terminate, immediately and without notice, your access to the site and/or services. You further agree not to impersonate any other person, real or fictitious, or to use the website or services to advocate, or to participate in a discussion which advocates, any criminal or illegal activity. You further agree not to post any material that is subject to copyright, patent, trade secret, trademark, or other form of intellectual property (“Rights”), and you agree that the burden of determining whether material you submit is protected by such Rights rests solely with you. You further agree that we may acquire Rights to use any posted material as described below, and that you will not acquire any of those Rights by downloading such materials. By submitting content to the site, including your username, you also grant a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that the holder of any such Rights, including any moral rights, has effectively and irrevocably granted such rights to you and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber the right to access, use, store, and reproduce such content for personal use. By posting to the site or services, you expressly allow us to identify you in connection with the posted content in any present or later-developed media form, unless you notify us in writing at the time of posting said content that you do not wish to be identified.
Intellectual Property: You understand that the site's components, services, and data are the exclusive copyrighted property of Learning Engines, and you agree not to share these with anyone who is not a current subscriber. User accounts may not be shared without the express permission of Learning Engines. You also agree not to attempt to gain unauthorized access to the site or its contents, to reverse engineer, decompile, etc. Linguachet and the Linguachet logo are trademarks owned by Learning Engines.
Proper use of the site: Any attempt to gain unauthorized access to any portion of the site or its data or to manipulate any portion the site or its data in ways not specifically authorized by us will constitute grounds for immediate termination. Any behavior deemed in our sole discretion to reflect the use of use of bots, automated browsers, load testers, or any other automated or mechanical means to interact with the site or any of its resources or components will constitute grounds for immediate termination.
Subscriber Username and Password :You are solely responsible for maintaining the confidentiality of your username and password. You shall be responsible for all uses of your username or password, whether they are authorized by you or not, and you further agree to notify us immediately of any unauthorized use of your username or password.
Notification of Any Possible Copyright Infringement: In the event that you believe that any material posted on the site or services infringes on a copyright owned by you or someone else, please send us a detailed message.
Disclaimer of Warranties: You expressly agree that use of the website and services is solely at your own risk, and that the website and services are provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, express or implied, of fitness for a particular purpose, merchantability, or non-infringement. We do not guarantee that the website or services will be secure, uninterrupted, timely, or free of error. We further do not make any warranty as to the results that may be obtained from the use of the website or services. We will not be liable for any direct, consequential, or incidental damages, whether forseeable or not, which may result from the unavailability or malfunction of the website and or services. You understand and agree that any data, materials, or information downloaded or otherwise obtained through the use of the website or services is obtained solely at your own risk, and you agree that you are solely responsible for damage or loss of your data, computer system, or any other device that results from the download of such data, materials, or information. No oral or written advice from us will create any warranty not explicitly stated herein. We are not responsible for the safety, suitability, or appropriateness of material on the internet or world wide web. You are responsible for your own device and internet service (including payment for your internet service), and you understand that technical issues involving your device or connection may impact the delivery of the service.
As a convenience, we may provide links or embeds to resources which are beyond our control. We provide no warranty as to the functionality, suitability, or legality of such links or embedded content, and you hereby waive any claim against us in connection with such sites. The site may also allow users to link or embed third-party resources for instructional purposes, which of course are not subject to our control and may change without notice. You, the user, are solely responsible for ensuring the legality and appropriateness of any materials you link, embed, or otherwise include or reference using our site, and you are solely responsible for securing and maintaining any needed permissions to do so from content owners in advance. In the event of any future content dispute, you agree to hold Learning Engines and its agents harmless.
Limitation of Liability: We shall not be liable for any direct, indirect, special, or consequential damages resulting from your use, or failure to use, the website or services, resulting from the cost of procurement of substitute goods or services, or resulting from goods, services, messages, or information purchased or obtained from or through the website or services, or resulting from unauthorized access to or alteration of your transmissions or data, including damages for loss of profits, use, data, or other intangibles, even if we have been advised of the possibility of such damages.
Indemnification: You agree to indemnify and hold each of us, our directors, officers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your use of the website and/or services, your violation of these terms of service, or your infringement of copyright, intellectual property, or any other right of any person or entity.
Applicable Law: These Terms of Service shall be governed by, and construed in accordance with, the laws of the State of Tennessee. By registering for or entering the website or services, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in the State of Tennessee.
Remedies for Your Breach of Terms: In the even that we determine, in our sole discretion, that you or your agents have violated these Terms of Service or have otherwise demonstrated conduct inappropriate for the website and/or services, we reserve the right to warn you that you have violated these Terms of Service, to delete any content you have submitted, to delete all content you have provided, to discontinue your subscription(s) with us, to notify, provide any content to, and cooperate fully with law enforcement officials, and to take any other action we deem appropriate. If we terminate your subscription(s) or block your access to the website or services because of a violation of the Terms of Service, you agree not to attempt to re-register for the website or services under a different username or otherwise. If you fail to comply with the terms of the preceding sentence, we reserve the right to take any or all of the actions above immediately and without notice to you.
Other Provisions: In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed, or if any such provisions are held to be invalid by a court with jurisdiction over the parties to the Terms of Service, such provisions will be deemed to be restated to reflect as nearly as possible the intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service shall remain in full force and effect. The failure of either party to insist upon or enforce any part of the Terms of Service or the failure to exercise any right of them will not be construed as a waiver or relinquishment of that party’s right to assert, enforce, or rely upon that or any other provision in that or any other instance; rather the same will remain in full force and effect. We may assign our rights and obligations under these terms, and upon such assignment we may be relieved of any further obligation hereunder. You represent that you have the right and authority to register for the website and services under the Terms of Service. These Terms of Service and any Additional terms (as such will be identified when they are posted on the website or services) constitute the entire understanding between the two parties and will supersede any prior agreement or understanding. Any legally unenforceable portion of these Terms of Service may be, at our sole discretion, deleted and modified to correct the defect, and the other terms will remain valid and enforceable.
This privacy statement is subject to change at any time. Linguachet.com (hereafter “we” or “us”) is the sole owner of any information collected by the website or services, or for registration purposes, including all customer and billing contact information.
We do not collect from more personal information than is reasonably necessary to operate our site well. For users under 13, we adhere fully to COPPA by collecting no Personal Information: each student under 13 is prompted to submit a first name and last initial, along with his or her birthdate to document COPPA compliance. Student usernames, passwords, and class codes cannot be used to contact students but only to support the internal operations of the site. Users over 13 are permitted to enter first and last names, along with an email address for password recovery. Although some personal information can be seen by a student's teacher and other school officials, Learning Engines will not share students' Personal Information with other third parties.
We reserve the right to collect very detailed information on each student’s on-site behaviors and to share such information with the student's teacher and/or other school officials; the primary purpose of this information is to help the student’s teacher analyze each student’s individual learning processes, strengths and weaknesses, as well as those of an entire class, in order to deliver instruction and help as effectively as possible. Although we reserve the right to aggregate, analyze, and publish anonymized data for research and other purposes, we do not sell, share, or distribute students' Personal Information in this process.
Our servers, like many others, collect information including but not limited to the date, time, and IP address (We do not collect IP addresses from users under 13.) from which a user accesses our site in order to produce usage statistics that help us monitor and more effectively deliver our services.
We do not consider information transmitted to our site to be confidential; it would be possible (although not easy) for other internet users to gain access to this information. We recommend that you do not use our site to store or transmit sensitive or confidential material. Our website and services contain links to other sites. We are not responsible for other sites’ privacy policies, so we encourage you to read their policies separately before providing any personally identifiable information. This statement applies solely to information collected by this website.