A. About Language Fluent
B. Language Fluent Platform
- These Terms and Conditions apply to all Users of the Language Fluent Platform, including educators who are also contributors of User Content on the Language Fluent Platform. The Language Fluent Platform includes all aspects of the Website and Apps which includes but is not limited to products, software and service offered via the Language Fluent Platform, such as the Language Fluent online platform, Language Fluent Application, and any other service or application that Language Fluent introduces from time to time.
- Language Fluent Platform is an online platform that supports and facilitates the online creation of educational videos/or tutorials, by the Users of the Language Fluent Platform and acts as an intermediary between the educator and the User. A User may create a video, audio clip or tutorial, by using the Language Fluent Platform. Such content uploaded through the use of the Language Fluent Platform shall hereinafter be referred to as “User Content”. You agree and acknowledge that Language Fluent has no control over and assumes no responsibility for, the User Content and by using the Language Fluent Platform, you expressly relieve Language Fluent from any and all liability arising from the User Content.
- You agree and acknowledge that Language Fluent shall have the right at any time to change or discontinue any aspect or feature of the Language Fluent Platform, including, but not limited to, the User Content, hours of availability and equipment needed for access or use. Further, Language Fluent may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. Language Fluent reserves the right to refuse access to the Language Fluent Platform, terminate Accounts, remove or edit contents without any notice to You.
C. Language Fluent Accounts
D. Access, Permissions and Restrictions
Language Fluent hereby grants you permission to access and use the Language Fluent Platform as set forth in these Terms and Conditions, provided that:
- You agree not to distribute in any medium any part of the Language Fluent Platform or the content without Language Fluent’s prior written authorization.
- You agree not to alter or modify any part of the Language Fluent Platform.
- You agree not to access content of any other User through any technology or means other than the video playback pages of the Language Fluent Platform itself.
- You agree not to use the Language Fluent Platform for any of the following commercial uses unless you obtain Language Fluent’s prior written approval:
- the sale of access to the Language Fluent Platform;
- the sale of advertising, sponsorships, or promotions placed on or within the Language Fluent Platform or content; or
- the sale of advertising, sponsorships, or promotions on any page or website that provide similar Language Fluent Platform as that of Language Fluent.
- You agree to receive installs and updates from time to time from Language Fluent. These updates are designed to improve, enhance and further develop the Language Fluent Platform and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Language Fluent to deliver these to you) as part of your use of the Language Fluent Platform.
- You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Language Fluent Platform in a manner that sends more request messages to Language Fluent’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Language Fluent grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Language Fluent reserves the right to revoke these exceptions either generally or in specific cases at any time with or without providing any notice in this regard. You agree not to collect or harvest any personally identifiable information, including account names, from the Language Fluent Platform, nor to use the communication systems provided by the Language Fluent Platform (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Users of the Language Fluent Platform with respect to User Content.
- You may post reviews, comments and other content; send other communications; and submit suggestions, ideas, comments, questions or other information as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringement of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any other form of spam. Further, you give Language Fluent limited, royalty free, worldwide, non-exclusive license to use the User Content and communication in developing its Language Fluent Platform and in any of its marketing or promotional activities.
- In your use of the Language Fluent Platform, you will at all times comply with all applicable laws and regulations.
- Language Fluent reserves the right to discontinue any aspect of the Language Fluent Platform at any time with or without notice at its sole discretion.
E. Content Use
In addition to the general restrictions mentioned above, the following limitation and conditions shall apply to your use of the Content.
- Language Fluent Content utilized on the Language Fluent Platform which shall include but not be limited to trademarks, service marks and logos (“Marks”), process, images, software, graphics are owned by or licensed to Language Fluent and subject to copyright and other intellectual property rights under the law.
- User Content is provided to you on an AS IS basis. You may access Content for your information and personal use solely as intended through the provided functionality on the Language Fluent Platform and as permitted under these Terms and Conditions. You shall not download any User Content unless you see a “download” or similar link displayed by Language Fluent on the Language Fluent Platform for that User Content. You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any User Content for any other purposes other than as provided herein without the prior written consent of Language Fluent or the respective licensors of the User Content. Language Fluent and its licensors reserve all rights not expressly granted in and to the Language Fluent Platform and the User Content.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the Language Fluent Platform or features that prevent or restrict use or copying of any User Content or enforce limitations on use of the Language Fluent Platform or the User Content therein.
- You understand that when using the Language Fluent Platform, you will be exposed to User Content from variety of sources and by different Users, and that Language Fluent is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Language Fluent with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Language Fluent, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Language Fluent Platform.
F. Content and Conduct
- As an Language Fluent User, you may submit User Content on the Language Fluent Platform, including videos and User comments. You understand that Language Fluent does not guarantee any confidentiality with respect to any User Content you submit.
- You shall be solely responsible for your own User Content and the consequences of submitting and publishing such User Content on the Language Fluent Platform. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the User Content that you submit; and you grant license to Language Fluent to all patent, trademark, trade secret, copyright or other proprietary rights in and to such User Content for publication on the Language Fluent Platform pursuant to these Terms and Conditions for the duration the said User Content is available on Language Fluent Platform.
- By submitting User Content to Language Fluent, you hereby grant Language Fluent a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, display, publish, make available online or electronically transmit, the User Content in connection with the Language Fluent Platform and Language Fluent’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Language Fluent Platform in any media formats and through any media channels. You also hereby grant each User of the Language Fluent Platform a limited, non-exclusive license to access your User Content through the Language Fluent Platform. You also agree that you wouldn’t use the content you made for Language Fluent elsewhere or get any monetary benefit from it without Language Fluent’s knowledge and written consent.
- You further agree that User Content you submit on the Language Fluent Platform will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Language Fluent all of the license rights granted herein.
- Furthermore, you confirm that the User Content uploaded by you is not:
- False, inaccurate or misleading;
- Infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- Violate any law, statue, ordinance or regulation;
- defamatory, unlawfully threatening or unlawfully harassing;
- obscene or contain pornography.
- Contain any viruses, trojan horses, worms, cancelbots or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
- You understand and confirm that you shall not during your use of the Language Fluent Platforms at any time post or publish any content, comments or act in any way which will amount to harassment of any other User, whether a learner or an educator. If at any given point it comes to the notice of Language Fluent that you are engaged in any kind of harassment of other Users, then in such a case you agree that Language Fluent shall have the sole right to suspend/terminate your account with immediate effect and without any notice of such suspension or termination and we also reserve the right in our sole discretion to initiate any legal proceedings against you in such cases.
- Language Fluent at its sole discretion may process any audio or audio-visual content uploaded by you to the Language Fluent Platform to confirm if the same is in accordance with the Language Fluent internal quality requirements and is compatible with the Language Fluent Platform.
- Language Fluent does not endorse any User Content submitted on the Language Fluent Platform by any User or other licensor, or any opinion, recommendation, or advice expressed therein, and Language Fluent expressly disclaims any and all liability in connection with User Content. Language Fluent does not permit copyright infringing activities and infringement of intellectual property rights on the Language Fluent Platform, and Language Fluent will remove all User Content if properly notified that such Content infringes on another’s intellectual property rights. Language Fluent reserves the right to remove User Content without prior notice if it has reason to believe that the User Content infringes any copyright.
G. Language Fluent Course Subscription/Enrollment
H. Language Fluent Intellectual Property Right
J. Electronic Communication
K. Termination of Account
- Language Fluent will terminate a Users access to the Language Fluent Platform, if
- the User is a repeat copyright infringer;
- the Users breaches any terms of these Terms and Conditions.
- Violation of any applicable laws;
- your use of the Language Fluent Platform disrupts our business operations or affects any other party/ User; or
- you have behaved in a way, which objectively could be regarded as inappropriate or unlawful or illegal or which would bring any claims against Language Fluent.
- Language Fluent reserves the right to decide whether User Content violates these Terms and Conditions for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length or any other parameter that Language Fluent deems fit from time to time. Language Fluent may at any time, without prior notice and in its sole discretion, remove such User Content and/or terminate a User’s account for submitting such material in violation of these Terms and Conditions.
- We may suspend access to the Language Fluent Platforms or require You to change Your password if we reasonably believe that the Language Fluent Platforms have been or are likely to be misused, and we will notify You accordingly. Any termination of Your registration and/or Account or the Language Fluent Platforms will not affect liability previously incurred by You.
L. Effective of Termination
In case any of the above-mentioned cases occur, Language Fluent reserves the right, in its sole discretion, to terminate or suspend the User’s account with immediate effect. Upon suspension or termination of the User’s account:
- Language Fluent shall at its sole discretion withhold or stop any and all payments that are to be made to such User and evaluate the pay-outs. Payments shall only be made for all legitimate work that is not subject matter of any violation or dispute.
- Payments shall not be made for the work that is the subject matter of any of the breaches.
- User access shall be terminated immediately, and the User shall not be able to access the said terminated account.
M. Copyright Infringement
- Language Fluent operates a clear copyright policy in relation to any User Content alleged to infringe the copyright of a third party.
- As part of Language Fluent’s copyright policy, Language Fluent will terminate User access to the Language Fluent Platform if a User has been determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice.
YOU AGREE THAT YOUR USE OF THE LANGUAGE FLUENT PLATFORM SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, LANGUAGE FLUENT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE LANGUAGE FLUENT PLATFORM AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, LANGUAGE FLUENT EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE USER CONTENT OR THE CONTENT OF ANY SITES SO LINKED AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER CONTENT OR ANY CONTENT ON LANGUAGE FLUENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE LANGUAGE FLUENT PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE LANGUAGE FLUENT PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE LANGUAGE FLUENT PLATFORM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY USER CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER CONTENT OR ANY OTHER CONTENT THAT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE LANGUAGE FLUENT PLATFORM. LANGUAGE FLUENT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY USER CONTENT OR LANGUAGE FLUENT PLATFORM ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE LANGUAGE FLUENT PLATFORM OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND LANGUAGE FLUENT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF USER CONTENT OR SERVICES. AS WITH THE PURCHASE OF A SUBSCRIPTION OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
P. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LANGUAGE FLUENT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER CONTENT OR ANY OTHER CONTENT AVAILABLE AT LANGUAGE FLUENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR LANGUAGE FLUENT PLATFORMS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE LANGUAGE FLUENT PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR LANGUAGE FLUENT PLATFORMS BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY USER CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE LANGUAGE FLUENT PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LANGUAGE FLUENT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE UNDERSTAND THAT, IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED, IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, LANGUAGE FLUENT LIMITS ITS LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO EITHER SUPPLYING YOU THE LANGUAGE FLUENT PLATFORMS AGAIN.
YOU SPECIFICALLY ACKNOWLEDGE THAT LANGUAGE FLUENT SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE LANGUAGE FLUENT PLATFORM IS CONTROLLED AND OFFERED BY LANGUAGE FLUENT FROM ITS FACILITIES IN INDIA. LANGUAGE FLUENT MAKES NO REPRESENTATIONS THAT THE LANGUAGE FLUENT PLATFORM IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE LANGUAGE FLUENT PLATFORM FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Language Fluent, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
(i) your use of and access to the Language Fluent Platform;
(ii) your violation of any term of these Terms and Conditions;
(iii) your violation of any third party right, including without limitation any copyright, property, or privacy right;
(iv) any claim that your User Content caused damage to a third party; or
(v) violation of any applicable laws. This defence and indemnification obligation will survive these Terms and Conditions and your use of the Language Fluent Platform.