1. ACCEPTANCE OF TERMS
Welcome to TwoLingos.com, Inc.'s TwoLingos service (the "Service"). Your use of the Service is subject to these Terms of Service ("TOS"). TwoLingos.com reserves the right to update and change the TOS from time to time without notice or acceptance by you. The TOS will also be applicable to the use of the Service on a trial basis. By using the Service, you signify your irrevocable acceptance of this TOS, as amended by TwoLingos.com from time to time.
2. DESCRIPTION OF SERVICE
The Service is web-based and allows users that register for an account on the Service (an "Account Holder") to create and update an online profile on TwoLingos.com's Internet property. Once registered with the Service, each Account Holder receives his or her own Profile to post "Content" (as such term is defined in Section 7). Each Profile has limited disk space. The type and number of tools you may use depend on the type of account you have. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new TwoLingos.com tools and resources, shall be subject to the TOS. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You also understand and agree that the service may include certain communications from TwoLingos.com, such as service announcements, administrative messages and the TwoLingos.com Newsletter, and that these communications are considered part of TwoLingos.com membership and you will not be able to opt out of receiving them. You agree not to access the Service by any means other than through the interfaces that are provided by TwoLingos.com for use in accessing the Service.
In order to use the Service, you must have a valid TwoLingos.com ID. To be an Account Holder with your own Profile, you must provide TwoLingos.com with your name, a valid email address and other information ("Registration Data"). As an Account Holder, you will choose a password and account designation for your Profile during the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify TwoLingos.com in writing of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. TwoLingos.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3. In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or TwoLingos.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TwoLingos.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Users under 13 years of age are prohibited from using the Service.
4. CANCELLATION AND TERMINATIONIf you cancel the Service, your cancellation will take effect immediately. After cancellation, you will no longer have access to your Profile and all information contained therein may be deleted by TwoLingos.com. TwoLingos.com accepts no liability for such deleted information or content.
You agree that TwoLingos.com, in its sole discretion, may terminate your password, and/or account, and remove and discard any Content within the Service (including, but not limited to your Profile if you are an Account Holder), for any reason, including and without limitation if TwoLingos.com believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Any contracts, verbal or written or assumed, in conjunction with your deleted Profile (as applicable) and all its parts, at TwoLingos.com's discretion, will be terminated as well. TwoLingos.com may also in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that TwoLingos.com may immediately deactivate or delete your Profile, as applicable, and all related information and files. TwoLingos.com reserves the right to bar any further access to such files or the Service. You agree that TwoLingos.com shall not be liable to you or any third-party for any termination of your access to the Service.
6. OWNERSHIP OF WEBSITE ACCOUNT AND SECURITY
You are responsible for maintaining the security of your account and Profile, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Profile. You agree to immediately notify TwoLingos.com in writing of any unauthorized uses of the account or any other breaches of security. TwoLingos.com cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will TwoLingos.com be liable, in any way, for any acts or omissions by an Account Holder or a Guest, including any damages of any kind incurred as a result of such acts or omissions.
7. CONTENT AND CONDUCT RULES AND OBLIGATIONS
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials ("Content") are the sole responsibility of the person from which such Content originated. You, and not TwoLingos.com, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service. TwoLingos.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will TwoLingos.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that TwoLingos.com does not pre-screen Content, but that TwoLingos.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move or delete any Content that is available via the Service. Without limiting the foregoing, TwoLingos.com and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable in TwoLingos.com's sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by TwoLingos.com or submitted to TwoLingos.com. You acknowledge and agree that TwoLingos.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
- (a) comply with legal process;
- (b) enforce the TOS;
- (c) respond to claims that any Content violates the rights of third-parties; or
- (d) protect the rights, property, or personal safety of TwoLingos.com, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve
- (a) transmissions over various networks; and
- (b) changes to conform and adapt to technical requirements of connecting networks or devices. Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be in TwoLingos.com's sole discretion as to what action should be taken.
You agree that you will not:
- (a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
- (b) harm minors in any way;
- (c) impersonate any person or entity, including, but not limited to, a TwoLingos.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- (e) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- (f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
- (g) upload, post, or transmit unsolicited commercial email or "spam". This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", such as (a) sending mass email to recipients who haven't requested email from you or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting your site by posting multiple submissions in public forums that are identical;
- (h) upload, post or otherwise transmit any 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;
- (i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- (j) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- (k) "stalk" or otherwise harass another;
- (l) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
- (m) offer for sale or sell any item, good or service that (a) violates any applicable federal, state, or local law or regulation, (b) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (c) TwoLingos.com determines, in its sole discretion, is inappropriate for sale through the Service provided by TwoLingos.com;
- (n) use the Service as a forwarding service to another website;
- (o) solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
- (p) exceed the scope of the Service that you have signed up for; for example, accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other people's comments or content;
- (q) engage in commercial activities within TwoLingos or on behalf of TwoLingos without prior approval. This includes, but is not limited to, the following activities:i. Displaying a banner that is designed to profit you or any other business or organization; and ii. Displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites.
- (r) obscure any advertisements from general view via HTML/CSS or any other means.
- (s) make any automated use of the system.iii. If any user is reported to be in violation with the letter or spirit of these terms, TwoLingos.com retains the right to terminate such account at any time without further warning.
8. ADDITIONAL SOFTWARE
With respect to any additional software that may be made available by TwoLingos.com in connection with the Service, if you elect to download or access such additional software or third party Content made available through the Service, you understand that you may have to agree to additional terms and conditions before you use such software or third party Content.
You also agree that the use of any third party software or Content obtained through the Service does not transfer to you any rights, title or interest in or to the software or such Content, and that you will not use any Content made available to you through the software or the Service except as expressly authorized under that third party provider's terms of service or license. For greater certainty, by downloading software or Content made available through the Service, you are deemed to agree to the terms of service or license agreement posted on the Service, the terms of which are incorporated by reference herein for the benefit of such third party providers. If you do not agree to the terms of service or license agreement, do not download the software or Content.
9. INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
10. CONTENT SUBMITTED
TwoLingos.com does not claim ownership of the Content you place on your TwoLingos.com Profile. By submitting Content to TwoLingos.com for inclusion on your TwoLingos.com Profile, you grant TwoLingos.com a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Profile on TwoLingos.com's Internet properties. This license exists only for as long as you continue to be a TwoLingos.com customer and shall be terminated at the time your Profile is terminated.
You acknowledge that TwoLingos.com does not pre-screen Content, but that TwoLingos.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, TwoLingos.com and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.::/wysiwyg_introtext::
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