Terms of Service for community of babel
This agreement (the "Agreement") describes the general Terms and Service Conditions (the "Terms")
on which community of babel and its affiliates (collectively "community of babel", "communityofbabel.com",
"we", or "us") offers you
("you", "your", or "User") access to communityofbabel.com (the "Service", "application",
"app", "Application", or "Site") and any other affiliated Applications and to the services and products
provided on this Application and other affiliated Applications.
By using the communityofbabel.com web site ("Service"), a service of The Community Of Babel Institute Ltd. ("The
Community Of Babel"),
you are agreeing to be bound by the following terms and conditions ("Terms of Service").
The Community Of Babel reserves the right to update and change the Terms of Service from time to time without
notice. Any new features that augment or enhance the current Service, including the release of new tools
and resources, shall be subject to the Terms of Service. Continued use of the Service after any such
changes shall constitute your consent to such changes. You can review the most current version of the
Terms of Service at any time at: http://www.communityofbabel.com/terms/
Violation of any of the terms below will result in the termination of your Account. While The Community Of Babel
prohibits such conduct and Content on the Service, you understand and agree that The Community Of Babel cannot be
responsible for the Content posted on the Service and you nonetheless may be exposed to such materials.
You agree to use the Service at your own risk.
A. Account Terms
- You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in
order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted.
You may create separate logins for as many people as you'd like.
- You are responsible for maintaining the security of your account and password. The Community Of Babel cannot and
will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account (even when
Content
is posted by others who have accounts under your account).
- If you are using a free account you are not permitted to block ads.
- One person or legal entity may not maintain more than one free account.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the
Service,
violate any laws in your jurisdiction (including but not limited to copyright laws).
B. Payment, Refunds, Upgrading and Downgrading Terms
- A valid payment method is required for paying accounts. Free accounts are not required to provide a
payment method.
- If you initially signed up for a Basic, Plus or Premium account, and are not satisfied at any time
during
the first 30 days, you are entitled to receive a full refund of your membership fee.
- The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or
credits
for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open
account.
In order to treat everyone equally, no exceptions will be made.
- For any upgrade or downgrade in plan level, your credit card that you provided will automatically be
charged
the new rate on your next billing cycle.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account.
The Community Of Babel does not accept any liability for such loss.
C. Cancellation and Termination
- You are solely responsible for properly canceling your account. An email or phone request to cancel your
account is not considered cancellation. You can cancel your account at any time by clicking on the
Account
link in the global navigation bar at the top of the screen. The Account screen provides a simple no
questions
asked cancellation link.
- All of your Content will be immediately deleted from the Service upon cancellation. This information can
not be
recovered once your account is canceled.
- If you cancel the Service before the end of your current paid up month, your cancellation will take
effect
immediately and you will not be charged again.
- The Community Of Babel, in its sole discretion, has the right to suspend or terminate your account and refuse any
and
all current or future use of the Service, or any other The Community Of Babel service, for any reason at any time.
Such termination of the Service will result in the deactivation or deletion of your Account or your
access to your Account,
and the forfeiture and relinquishment of all Content in your Account. The Community Of Babel reserves the right to
refuse service
to anyone for any reason at any time.
D. Modifications to the Service and Prices
- The Community Of Babel reserves the right at any time and from time to time to modify or discontinue, temporarily
or permanently,
the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are
subject to change
upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the
community of babel Site
(www.communityofbabel.com) or the Service itself.
- The Community Of Babel shall not be liable to you or to any third party for any modification, price change,
suspension or discontinuance of the Service.
E. Copyright and Content Ownership
- Our Rights. Unless otherwise agreed to, we have the right to display freely any content
that you explicitly share on community of babel any way
we choose to display our learning content on both web and mobile platforms. We may distribute this
Content within our
platform by any method of distribution now existing or later developed without further compensation to
you.
- Rights Clearances and Assignments. You will be solely responsible for obtaining all
rights clearances with respect
to all Content created or provided by User to us in connection with this Agreement. At our request, User
will obtain
the execution of any instrument, including from any employee or contractor, that may be appropriate to
assign these rights under
this Section to us.
- We claim no intellectual property rights over the material you provide to the Service. Your profile and
materials uploaded remain yours.
However, by setting certain types of your data to be shared publicly, you agree to allow others to view
and share your
Content.
- Proprietary Material. The Content and all other information, data, text, graphics,
images, photographs, audio and video clips, logos,
icons and software appearing on the Service ("Content") are and will remain our property, our suppliers,
our agents and our licensors.
The logo and figures, among others are the trademarks and/or service marks. These materials may be used
solely to the extent necessary
for your authorized use of the Service, as provided in this Agreement. You may not copy, distribute,
prepare derivative works from
or otherwise use Content for any public or commercial purpose without written permission.
- All content on communityofbabel.com is licensed under a
Creative Commons Attribution-No
Derivative Works 3.0 Unported License if no Copyright or other License is mentioned anywhere in the
content or
content description.
- In some instances where your content is displayed publicly, The Community Of Babel reserves the right to display
advertising and receive compensation for such advertising.
- The look and feel of the Service is copyright©2002-2019, The Community Of Babel Institute Ltd. All rights
reserved.
You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual
design elements
without express written permission from The Community Of Babel.
- Copyright. All Site materials, including, without limitation, text, pictures, graphics
and other files and the selection and
arrangement thereof are our copyrighted materials, ALL RIGHTS RESERVED, or by the original creator of
the material.
Permission is granted to display, copy, distribute, and download the materials on this Site for
personal, noncommercial use only,
provided you do not modify the materials and that you retain all copyright and other proprietary notices
contained in the materials.
You may not, however, distribute, copy, reproduce, display, republish, download, or transmit any
material on this Site for commercial
use without prior written approval. You may not "mirror" any material contained on this Site on any
other server without prior
written permission. Any unauthorized use of any material contained on this Site may violate copyright
laws,
trademark laws, the laws of privacy and publicity and communications regulations and statutes.
- Trademarks. The trademarks, service marks, trade names, and logos (the "Trademarks")
used and displayed on this Site are
registered and unregistered Trademarks. In addition, all page headers, custom graphics, button icons,
and scripts
are service marks, trademarks and/or trade dress, and may not be copied, imitated or used, in whole or
in part,
without the prior written permission. You acknowledge that the Trademarks used and displayed on this
Site are and
shall remain our sole property or the Trademark owner. Nothing in this Agreement shall confer any right
of
ownership of any of the Trademarks in you. Further, nothing in this Site shall be construed as granting,
by
implication, estoppel or otherwise any license or right to use any Trademark used or displayed on the
Site,
without the express written permission. The misuse of the trademarks displayed on this Site, or any
other content
on the Site, is strictly prohibited.
-
Notification of Copyright Infringement Claims. We respect the intellectual property
of others,
and we ask our Users to do the same. Because of the size of our community, we do not and can not
verify that Users
have the right to post Content. However, we cooperate in removing infringing or unlicensed items
once an authorized
representative of the rights owner properly reports them to us. If you believe a Message infringes
on your copyright,
trademark or other intellectual property rights, please provide us with a Notice of Infringement.
In the United States, the Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for
copyright
owners who believe that material appearing on the Internet infringes their rights under U.S.
copyright law.
If you believe in good faith that items, information or other materials appearing on the Service
infringe your U.S. copyright,
you (or your agent) may send us a notice requesting that the item, information or material be
removed, or access to it blocked.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against
you, the DMCA permits you
to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by
the DMCA. One place to
find more information is the U.S. Copyright Office Application, currently located at
http://www.loc.gov/copyright/.
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be
aware that there
can be substantial penalties for false claims.
F. General Conditions
- Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available"
basis.
- Technical support is only provided to paying account holders and is only available via email.
- You understand that The Community Of Babel uses third party vendors and hosting partners to provide the
necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it
is
associated with the Service, The Community Of Babel, or any other The Community Of Babel service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of
the Service,
or access to the Service without the express written permission of The Community Of Babel.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in
our sole
discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or
otherwise objectionable
or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any The Community Of Babel
customer,
employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content,
may be transfered
unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to
technical
requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage
(as determined solely by The Community Of Babel) of other community of babel customers, we reserve the right to
immediately disable
your account or throttle your file hosting until you can reduce your bandwidth consumption.
- The Community Of Babel does not warrant that (i) the service will meet your specific requirements, (ii) the
service will
be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of
the
service will be accurate or reliable, (iv) the quality of any products, services, information, or other
material
purchased or obtained by you through the service will meet your expectations, and (v) any errors in the
Service
will be corrected.
- You expressly understand and agree that The Community Of Babel shall not be liable for any direct, indirect,
incidental,
special, consequential or exemplary damages, including but not limited to, damages for loss of profits,
goodwill,
use, data or other intangible losses (even if The Community Of Babel has been advised of the possibility of such
damages),
resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of
substitute goods
and services resulting from any goods, data, information or services purchased or obtained or messages
received or
transactions entered into through or from the service; (iii) unauthorized access to or
alteration of your transmissions or data; (iv) statements or conduct of any third party on the service;
(v)
or any other matter relating to the service.
- The failure of The Community Of Babel to exercise or enforce any right or provision of the Terms of Service shall
not
constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement
between you
and The Community Of Babel and govern your use of the Service, superceding any prior agreements between you and
The Community Of Babel
(including, but not limited to, any prior versions of the Terms of Service).
- Questions about the Terms of Service should be sent to support at community of babel dot com.
G. DISCLAIMERS OF WARRANTY
WE PROVIDE THE SERVICE AND PRODUCTS ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTY OR CONDITION,
EXPRESS OR IMPLIED. YOU AGREE THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. TO THE EXTENT PERMITTED BY
LAW,
WE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO: (A) THE IMPLIED WARRANTIES
OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE; (B) THAT SERVICE WILL BE
CONTINUOUS, UNINTERRUPTED, TIMELY, SECURE AND/OR ERROR-FREE; (C) AS TO THE QUALITY, IDENTITY OR RELIABILITY
OF
ANY USER AND WHETHER YOU SHOULD RELY ON ANY INFORMATION PROVIDED BY SUCH USER; (D) AS TO THE TRUTH, QUALITY,
ACCURACY, OR EFFECTIVENESS OF THE CONTENTS OF ANY MESSAGE OR THE QUALITY, SAFETY, EFFECTIVENESS, CONFORMANCE
OR
LEGALITY OF ANY PRODUCT OR SERVICE DESCRIBED OR RECOMMENDED IN ANY MESSAGE; AND (E) NO ADVICE OR
INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY
STATED IN THESE TERMS.
H. LIMITATION OF LIABILITY
AS A CONDITION OF USING THE SERVICE AND PRODUCTS, AND IN CONSIDERATION OF THE SERVICES PROVIDED BY DOMAIN
NAME, YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, OR CONSEQUENTIAL LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES,
DAMAGES,
EXPENSE, OR COSTS, HOWEVER ARISING (INCLUDING NEGLIGENCE), BUT INCLUDING THOSE RESULTING DIRECTLY OR
INDIRECTLY
FROM, OR OTHERWISE ARISING IN CONNECTION WITH: (A) THE USE OF THE SERVICE BY YOU, INCLUDING BUT NOT LIMITED
TO
DAMAGES RESULTING FROM OR ARISING FROM YOUR RELIANCE ON THE SERVICE, OR THE MISTAKES, OMISSIONS,
INTERRUPTIONS,
ERRORS, DEFECTS, DELAYS IN OPERATION, NON-DELIVERIES, MISDELIVERIES, TRANSMISSIONS, EAVESDROPPING,
STATEMENTS
OR OTHER CONDUCT BY THIRD PARTIES, OR ANY FAILURE OF PERFORMANCE OF THE SERVICE; (B) THE CONTENT OF ANY
MESSAGE OR ANY PRODUCT, SERVICE, OR PROVIDER MENTIONED OR RECOMMENDED THEREIN; (C) THE BREACH, OR ALLEGED
BREACH, OF ANY WARRANTY, EXPRESS OR IMPLIED, RELATING TO ANY TRANSACTION; OR (D) GOVERNMENT RESTRICTION,
STRIKES, WAR, ANY NATURAL DISASTER OR FORCE MAJEURE, OR ANY OTHER CONDITION BEYOND DOMAIN NAME'S REASONABLE
CONTROL. YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY INTERRUPTION, SUSPENSION OR
TERMINATION OF THE SERVICE. THE LIMITATION IN THIS SECTION APPLIES ONLY TO THE EXTENT PERMISSIBLE BY
APPLICABLE LAW.
IN ANY EVENT, DOMAIN NAME'S LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE
AMOUNT PAID TO US BY THE CLAIMANT, AND (B) $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY
TO YOU.
I. Indemnity
Without limiting the generality or effect of other provisions of this Agreement, as a condition of use
of the Services and Products, each User agrees to indemnify, hold harmless, and defend us and each of our
respective affiliates, sub-contractors, agents, and employees against all third party claims, liabilities
and damages, including reasonable attorney's fees, incurred or allegedly incurred by or arising out of
your breach of this Agreement, the content of any Message posted by you, and/or your violation of any law
or the rights of a third party.
J. Modification, Entire Agreement, and Severability
(a) Modification. This Agreement may be supplemented, amended, or modified unilaterally at
any time for
any reason by us. Any supplement, amendment, or modification of this Agreement shall be binding at the time
of updating, posting, or otherwise providing public notice on.
(b) Entire Agreement. This Agreement and all other agreements, exhibits, and schedules
referred to in
this Agreement constitute the final, complete, and exclusive statement of the terms of the agreement between
the parties pertaining to the subject matter of this Agreement and supersedes all prior and contemporaneous
understandings or agreements of the parties. This Agreement may not be contradicted by evidence of any prior
or contemporaneous statements or agreements. No party has been induced to enter into this Agreement by, nor
is any party relying on, any representation, understanding, agreement, commitment or warranty outside those
expressly set forth in this Agreement.
(c) Severability. In the event that any provision of this Agreement is determined to be
invalid or
unenforceable, such provision shall be severed from this Agreement, and the remainder of this Agreement
shall
continue to be valid and enforceable.
K. Miscellaneous Terms
This Agreement shall be interpreted in accordance with the laws of the Province of British Columbia without
regard to its conflicts of law principles. You and we are independent contractors, and no agency,
partnership,
joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this
Agreement.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect
to subsequent or similar breaches. At any time upon request by us, you agree to sign a non-electronic
version
of this Agreement.
This Agreement's section headings, bold text, and capitalized text are included for convenience only, and
shall not limit or otherwise affect the terms of this Agreement.
This Agreement is the complete and entire statement between you and us with respect to the subject
matter hereof.
Last updated: APRIL 2012
2012 community of babel, All Rights Reserved
L. 90 Day Refund
If you meet your targets on community of babel, in the Progress Snapshot, for a period of 90 days from signup
and you don't feel you have achieved a significant improvement in your target language, community of babel
will refund all of your payments for that 90-day period.