Terms and Policy
Terms of Service
Welcome to Lingoland. The website and mobile application are owned and operated by Lingoland. We are the entity that establishes and provides the Website and mobile applications (collectively referred to as the "Service") available to you under the following terms and conditions of service ("Terms"). When you agree to comply with these Terms, you will have the right to access and use the Service for your own personal purposes.
By accessing, using the Website and/or downloading, installing, using Lingoland's mobile application, you agree that you have read, understood, accepted and agreed to these Terms of Use. These Terms of Use constitute an agreement between you and Lingoland and apply to the access and use of all our services, website and mobile applications.
1. Applicable policies and terms
Guidelines
When using the Service, you must comply with all principles or rules and additional content posted applicable to specific services and features that may be posted from time to time ("Principles"). All such Principles are incorporated by reference into the Terms.
Privacy Policy
Please read our Privacy Policy carefully for details about the information and data we collect from you and other users and how we use that information internally and disclose it to third parties, including but not limited to advertisers. Our Privacy Policy is incorporated into these Terms by reference to the Terms.
Modifications
When necessary and from time to time, We reserve the right to modify the Terms in this Agreement and such modifications shall take effect immediately upon notice of the modification being posted on the Website and notifications to users being sent. We recommend that you regularly review the Terms for updates and changes. Your continued use of the Service after the modified Terms take effect indicates that you have read, understood and agreed to the current version of the Terms. If you do not agree with any changes to the Terms, you must stop using the Service.
Legal capacity
You represent and warrant that, legally, you have full capacity to enter into an agreement under the laws of the Socialist Republic of Vietnam, specifically these Terms of Use, to use our Website and Application and that you must be at least of legal age as prescribed by Vietnamese Law or have guardianship. If not, we or the relevant Service Provider, shall have full legal right to cancel any agreement entered into with you. In addition, you also represent and warrant that you have full rights, authority and capacity to use the Service and comply with the Terms of Use. If you register on behalf of a legal entity, you must also represent and warrant that you have sufficient authority to enter into and bind the legal entity to comply with the Terms of Use and register to use the Service.
Termination
You agree that we may terminate your account or use of the Service at any time at our discretion and you agree that we will not be liable to you or any third party for such termination. If we terminate your access to the Service, your Content will no longer be accessible through your account, but that Content may still exist and appear in the Service (for example, if your Content has been shared or reshared).
2. Regulations regarding your Account
Account information
To use some features of the Service, you will have to create an account. When creating an account, you must provide true, accurate, current and complete information. You must also ensure that this information is always updated accurately. You agree that we may access, store, disclose your account information and Content in cases required by law or where we believe that access, preservation or disclosure is necessary and reasonable to (a) comply with legal regulations; (b) enforce the Terms; (c) respond to complaints (if any) that your Content violates the rights of third parties; (d) respond if you contact us; or (e) protect the rights, property or personal safety of Lingoland, Users and the public.
Password
When you register, you will be required to create a login password. You will be responsible for all activities that occur under your password login account, so you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your login account and password and for restricting access to your computer and mobile devices and you agree to be responsible for all activities that occur in your account or password. If you have reason to believe that your account is no longer secure (for example, in case of loss, theft or disclosure or unauthorized use of your account ID or password), you should notify us immediately. We will not be liable for your losses due to unauthorized use of your account, however you may be liable for our losses or those of others due to any unauthorized use of your account.
Prohibited terms
When creating an account, you must not: (a) provide any false personal information to us (including a fake username) or create any account for anyone other than yourself without the permission of others; (b) use a username that is someone else's name for the purpose of impersonating that person; (c) use a username that belongs to someone else without proper permission; or (d) use an offensive, obscene or vulgar username or otherwise have a bad purpose. We reserve the right to suspend or terminate your account if any information provided during registration or thereafter proves to be inaccurate, false or misleading or to reclaim any username you create through the Service that violates our Terms.
3. Your Content
Overview
Currently, or in the future, we may allow submission and posting or linking to author's works, creative works, graphics, pictures, images, videos, audio, text and interactive features ("Content") submitted by you, including but not limited to recording your voice and requesting pronunciation of specific words, phrases or sentences (collectively "Your Content"). We may, or may not, use Your Content at our sole discretion. You understand that whether or not Your Content is published, we do not guarantee confidentiality with respect.
Licensing
We may use Your Content in many different ways, including displaying it publicly, reformatting it, using technology to improve technology, creating derivative works from it, distributing it and allowing others similar usage rights on their websites and media platforms. For clarity, you retain all ownership rights to Your Content. However, by submitting Your Content to the Service, you hereby grant us a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, communicate, create derivative works, present, and perform Your Content in connection with the Service and our business operations (and those of our successors and affiliates), including but not limited to promoting and communicating again part or all of the Service (and derivative works of the Service) in any mass media format and through any mass media channels.
Representations and warranties regarding your content
You represent and warrant that: (a) you own Your Content or you have the right to use and grant us the rights and licenses as provided in these Terms and (b) sharing Your Content on or through the Service does not violate privacy rights, publicity rights, copyright, contractual rights or any other rights of any person.
Prohibited terms regarding shared Content
When submitting Content or using the Service, you agree not to: (a) Submit or transmit threatening, abusive, defamatory, slanderous, pornographic, non-aesthetic, offensive or any other improper information; (b) Oppose the State of the Socialist Republic of Vietnam, undermine the solidarity of the entire people; (c) Incite violence, propagate aggressive war, create hatred between ethnic groups; (d) Disclose state secrets, military, security, economic, foreign affairs secrets; (e) Distort, slander, offend the reputation of organizations, honor, dignity of citizens; (f) Advertise, propagate goods and services on the prohibited list; (g) Mention political and religious issues; (h) Use uncivilized words that violate Vietnamese traditional morality; (i) Restrict or prevent other users; (j) Send or transmit information, software that violates or infringes the rights of others.
Monitoring rights
We have the right to monitor, edit and remove content. We have no obligation to monitor your use of the Service or review or any Content but we have the right to monitor, delete, edit and block Content or accounts containing Content for the purpose of operating the Service to ensure your compliance with these Terms; or comply with applicable law; court orders or requests from other competent authorities. At any time and without prior notice, We will reserve the right to delete or disable access to any Content that we consider, at our discretion, violates these Terms or is harmful to the Service.
4. Our Ownership
Ownership
Our Service is protected by copyright, trademark and other laws of Vietnam and other countries. Unless expressly stated in these Terms, we (or our licensors) exclusively own all rights, title and interest in the Service, including all related intellectual property rights. You must not remove, alter or obscure any copyright, logo, service mark or other proprietary notices that are included in or accompany the Service, including in any Content. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the Service shall be the exclusive property of Lingoland and you irrevocably assign to us all rights, title and interest.
Ownership restrictions
You must not: (a) copy, modify or distribute the Service for any purpose; (b) transfer, sublicense, rent, lend, lease or distribute the Service to any third party; (c) reverse engineer, reverse structure, disassemble or create derivative works of the Service or attempt to discover the source code of the Service; (d) perform the function of the Service available to multiple users through any means; or (e) use the Service in any illegal manner, for any illegal purpose or in any manner inconsistent with these Terms.
5. Restriction provisions
You agree not to (a) interfere with, damage, impair or disable the operation of the Service; (b) make solicitations, advertisements, suggestions or spam other Users; (c) use any "robots", "spiders" or automated means to access the Service; (d) delete, break, disable security-related features of the Service; (e) attempt unauthorized access to the Service, other User accounts; (f) deep link to the Service; (g) send bulk email, surveys or mass messages; (h) solicit personal information from minors; (i) reformat or restructure any part of the Service; (k) impose an unreasonably large load on our technology infrastructure; (l) impersonate another person; (m) collect passwords or other account information from Users; or (n) collect Usernames, addresses or email addresses for any purpose.
6. Third-party content and websites
Third-party websites
The Service may contain links, information and references to third-party products, services and websites that we do not control or maintain ("Third-party Websites"). Access and use of any Third-party Websites is at your own risk and we are not responsible for (a) the accuracy or reliability of information on Third-party Websites, (b) the actions or omissions of Third-party Website operators, (c) any loss or damage related to the use of any Third-party Websites, or (d) any transactions you make in connection with the use or access of any Third-party Websites.
Third-party content
You understand that when using the Service, you will be exposed to Content provided by other Users and by other third parties (collectively "Third-party Content"). We do not control or endorse the submission of Third-party Content, nor do we have any obligation to monitor such content. We are not responsible for (a) the accuracy, integrity, quality, legality, usefulness, or safety or intellectual property or related violations of such Third-party Content, (b) removing inappropriate Third-party Content or (c) any loss or damage arising from the use of any Third-party Content.
Disputes with third parties
If you have a dispute with (a) other Users, (b) providers of any Third-party Websites or Third-party Content, (c) any third party who contacts you due to using the Service or (d) any other third party arising in connection with your use of the Service, we (and our employees, directors, agents, subsidiaries, joint ventures and employees) shall not be involved in any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising from or in any way related to such disputes.
7. Indemnification; Disclaimer
To the extent permitted by law, you agree to defend, indemnify and hold harmless Lingoland, its officers, directors, employees and agents from any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney fees) arising from: (i) your use of or access to the Service, (ii) your violation of any term of these Terms; (iii) your violation of any third party rights; (iv) any claim that Your Content has caused damage to third parties; (v) violation of any law, rule, regulation; or (vi) any misrepresentation by you. You will cooperate as requested by Lingoland in defending any claims. We have the right to assume the defense and exclusive control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.
8. Disclaimer of warranties
Disclaimer statement
You acknowledge that you accept the risks of using the service. Lingoland is not responsible, including and without limitation, warranty for the Service and your use of the Service, non-infringement and non-related to computer viruses. The Service is provided on an "as is" and "as available" basis. Lingoland, to the extent permitted by law, does not make any representations or warranties or confirmations regarding: (a) the service; (b) Lingoland's content; (c) user or third party content; or (d) security related to transmission of information to Lingoland or through the service.
Third-party websites
Lingoland does not represent or warrant that (a) the service will be error-free or uninterrupted, (b) errors will be corrected, (c) the service or server providing the service is free from, without limitation, viruses or (d) information (including any instructions) about the service is accurate, complete or useful.
No technical warranty. No liability for legality
Lingoland is not responsible for ensuring the legality of using the service in any region or country where you are accessing. Some jurisdictions limit or do not allow the right to disclaim or other warranties, so the disclaimer may not apply to you and these terms of use are within the scope of application of that regional law. By accessing or using the service, you represent and warrant that your actions are legal in all jurisdictions where you access or use the service.
9. Limitation of liability; Exemption
No liability for loss or damage
In any event, Lingoland shall not be liable to you for any损害s and losses: direct, indirect, related, special, punitive; or consequential related to, arising from (a) the service and its operation; (b) Lingoland content; (c) user or third party content; (d) inability to use the service; (e) any action taken in connection with investigation by Lingoland or law enforcement agency; (f) any damage to computer, mobile device or other device or technology; or (g) loss of profits, loss of goodwill, loss of data, work stoppage, accuracy of results, death, personal injury, or computer error or malfunction.
Limit of compensation amount
To the extent permitted by applicable law, Lingoland's legal liability to you or any party for any loss or damage due to lawsuits, claims or actions arising from or related to these Terms shall not exceed one hundred US dollars ($100.00).
No injunctions
You agree that in the event you suffer any damage, loss or harm arising from Lingoland's actions or omissions, then such damages, if any, are not irreparable or insufficient for you to receive any injunction.
Actions or omissions of third parties
Lingoland is not responsible for the actions, content, information or data of third parties and you release Lingoland from all claims and damages, known and unknown, arising from or in any way related to any claims you have with third parties.
10. Notice and copyright infringement complaint procedures
Lingoland respects the rights and intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information: Written authorization in case you represent the copyright owner; Description of the copyrighted work that you believe has been infringed; Description of where the material you claim is infringing is located on the Website; Your address, phone number and email address; Your commitment that you truly believe that the use of the material is not permitted by the copyright owner; Your commitment that the information above in your notice is accurate and you are the copyright owner or authorized to act on behalf of the copyright owner.
11. General terms
These Terms are the entire agreement between the parties regarding the Service. The relationship of the parties below is a relationship between completely independent entities, and these Terms shall not be construed to imply that either party is an agent, employee or joint venture of the other. In the event that any provision of this Agreement is deemed void, then the voidness of that provision shall not affect the validity of the remaining provisions of this Agreement. These Terms shall be governed by the laws of Vietnam. You may not assign this Agreement without the prior written consent of Lingoland, any prohibited assignment shall be void. You and Lingoland agree that any cause of action arising from or related to the Service must begin within one (1) year after the cause of action arises, otherwise, that cause of action is permanently barred.