TERMS OF
SERVICE
These Terms of
Service (“Terms”) are an agreement between you (“you”) and Beyond Analytics (including without limitation its brands, such as LangLang (“Company”, “LangLang”,
“we”, “us” or “our”) that allows you to use our applicable website(s),
application(s) (“app(s)”), tools, software, subscriptions, memberships,
content, API(s), widgets, and/or other products and services (collectively, as
applicable, the "Services"), as long as you follow these
Terms. By accessing or using any of our Services, including without limitation
by downloading, installing or using any associated Software (defined below),
you signify your agreement to all of the following, which are all expressly incorporated
herein and must also be observed and followed (collectively, the “Agreement”):
(1) these Terms;
(2) our privacy policy as posted on our website (“Privacy Policy”); and
(3) any other standard policies or community guidelines (such as Acceptable
Use Policies), if any, posted in any applicable parts of our Services
IF YOU ARE HAVING AN EMERGENCY, CONTACT 911, AND DO NOT USE
THIS SERVICE.
To Use Our Services (defined below), You:
• May need to register with us to access and use some of our Services
• Must not initiate or participate in any activities on our Services that
are illegal, harmful, or interfere with anyone's use of our services, including
the sending of e-mail or instant messaging spam
If You Post Content On our Services, You:
• May post content that you create or have been given permission to post
by the owner, is legal, and doesn't violate this Agreement
• Are responsible for content, data and information that you post to our
Services and assume all risks of posting personal information online
You must be at least 18 years of age,
and, where law requires an older legal age, of legal age for contractual consent or older to use this website and/or
the other Services. If you are younger, you must have consent
and approval of your parent or guardian to use the website and enter this
Agreement, and you must ensure they have seen and agreed to these terms. Due to the age
restrictions, no content or information from the Services falls within the
Child Online Privacy Protection Act (“COPA”) and is not monitored as doing so.
1.
DESCRIPTION OF SERVICES
1.1. Definitions.
1.1.1. Any reference to “www.langlang.co”, “langlang.co”,
the
“website(s)”, the “web site(s)”, the “site”, or other
similar references, shall include any and all pages, subdomains, affiliated
domains, brands, products or other areas of our website, or any other
affiliated sites or domains owned or operated by or on behalf of us, plus any
of the online content, information and services as made available in or through
the website.
1.1.2. As used herein, “Software” means any software (including without
limitation APIs or apps) supplied by or on behalf of the Company, including
without limitation any for which the purpose is to enable you to use certain
portions of the Services. For clarity, the Software is a part of the Services.
1.1.3. The Services include without limitation all aspects of the website, or
of any app or other product or service, including but not limited to all products,
Software and other applications, features, channels and services offered
therein.
1.1.4. Any reference to “content” shall include all content in all forms or
mediums, such as (without limitation) text, software, scripts, graphics,
photos, sounds, music, videos, audio / voice recordings, audiovisual
combinations, interactive features and other materials you may view on, access
through, or contribute to the Services.
1.2. All information and services are exchanged electronically, via the
internet. You are responsible for
maintaining your own access to the internet and for obtaining and maintaining any
equipment and ancillary services needed to connect to, access or otherwise use
the Services, including, without limitation, modems, hardware, servers,
software, operating systems, networking, web servers and the like
(collectively, “Equipment”). You shall also be responsible for
maintaining the security of the Equipment. You consent
to receiving communications electronically.
1.3. Company is a privately owned and operated company and does not represent
or speak for any governmental office or authority.
1.4. You may acquire additional
products, services and/or content of ours from our websites or Services. We
reserve the right to require that you agree to separate agreements as a
condition of your use and/or purchase of such additional products, services
and/or content, which terms will apply in addition to these Terms.
1.5. ANY USE OF THE SERVICES
BY ANY PARTY, INCLUDING YOU, IN ANY HIGH RISK APPLICATION IS DONE AT THE USER’S
OWN RISK, WITHOUT ANY WARRANTY. AS USED
HEREIN, A “HIGH RISK APPLICATION” IS ANY USE WHERE THE FAILURE OF THE SERVICE
COULD CAUSE SERIOUS RISK, INCLUDING RISK OF INJURY TO PERSONS OR PROPERTY, OR A
LIFE-THREATENING SITUATION, INCLUDING BUT NOT LIMITED TO, MEDICAL, NUCLEAR,
AVIATION, NAVIGATION, EMERGENCY SERVICES, EMERGENCY WEATHER ALERTS, MILITARY
APPLICATIONS OR OTHER SIMILAR APPLICATIONS.
2.
PASSWORDS AND ACCESS
2.1. In order to access some features of the
Services, you may have to register or create an account. You may never use
another's account without permission. When creating your account, you must
provide accurate and complete information. Registration or subscription to the
Services and payment of any applicable fee, authorizes a single individual to
use the Services unless otherwise expressly stated. You are solely responsible for the activity
that occurs on your account, and you must keep your account password secure.
You must notify Company immediately of any breach of security or unauthorized
use of your account. Although Company will not be liable for your losses caused
by any unauthorized use of your account, you may be liable for the losses of
Company or others due to such unauthorized use. It is a condition of your use
of the Services that all the information you provide will be correct, current,
and complete; If we believe the information you provide is not correct,
current, or complete, we have the right to refuse you access to the Services or
any of its resources, and to terminate or suspend your access at any time,
without notice.
2.2. You shall not download any content,
software or services unless you see a “download” or similar link displayed by
Company on the Services for that content. You shall not copy, reproduce,
distribute, transmit, broadcast, display, sell, license, or otherwise exploit
any content for any other purposes without the prior written consent of Company
or the respective licensors of the content. Company and its licensors reserve
all rights not expressly granted in and to the Services and their content.
2.3. You agree not to circumvent, disable or
otherwise interfere with security-related features of the Services or features
that prevent or restrict use or copying of any content or enforce limitations
on use of the Services or the content therein.
3. YOUR
OBLIGATIONS
3.1. You represent and warrant that all information that you provide to us
will be true, accurate, complete and current, and that you have the right to
provide such information to us in connection with your use of the
Services. You must comply with the terms
of any applicable policies posted in our Services, including any Acceptable Use
Policy. You are granted a non-exclusive, non-transferable, revocable license
to access and the website and Services during the Term of this Agreement
strictly in accordance with this Agreement. As a condition of your use of the
Site, you warrant that you will not use the Site for any purpose that is
unlawful or prohibited by these Terms. You may not use the Site in any manner
which could damage, disable, overburden, or impair the Site or interfere with
any other party's use and enjoyment of the Site. You may not obtain or attempt
to obtain any materials or information through any means not intentionally made
available or provided for through the Site.
You may not:
1. restrict or inhibit any other user from using and enjoying the Services;
2. post or transmit any unlawful, fraudulent, libelous, defamatory,
obscene, pornographic, vulgar, sexually-orientated, profane, threatening,
abusive, hateful, offensive, false, misleading, derogatory, or otherwise
objectionable information of any kind, including without limitation any
transmissions constituting or encouraging conduct that would constitute a
criminal offense, give rise to civil liability, or otherwise violate any local,
state, national or foreign law, including without limitation the U.S. export control
laws and regulations;
3. post or transmit any advertisements, solicitations, chain letters,
pyramid schemes, investment opportunities or schemes or other unsolicited
commercial communication (except as otherwise expressly permitted by Company)
or engage in spamming or flooding;
4. post or transmit any information or software which contains a virus,
Trojan horse, worm or other harmful component;
5. upload, post, publish, reproduce, transmit or distribute in any way any
component of the Services itself or derivative works with respect thereto;
6. resell or otherwise exploit for commercial purposes, directly or
indirectly, any portion of the Services, or access to them;
7. use email addresses obtained from the Services for solicitation purposes
of any kind, directly or indirectly;
8. use data mining, robots or other similar data gathering and extraction
tools;
9. access (or attempt to
access) the Services or any content therein through any automated means
(including use of any script or web crawler, page-scrape, spider, robot, index,
Internet agent or other automatic device, program, algorithm or technology
which does the same things) including without limitation, to use, access, copy,
acquire information, generate impressions, input information, store
information, search, generate searches or monitor any portion of this website;
10. make any derivative works based, in whole or in part, on any portion or
all of the Services;
11. use i-frames, webpage frames, or any similar framing, to enclose,
capture or distribute any part of the Services;
12. mirror or cache or store
any pages or portions of the Service;
13. co-brand any portion of the
Services;
14. otherwise imply any
relationship with or endorsement of your brands or services;
15. use a false email address, impersonate any person or entity, forge e-mail
headers or otherwise disguise the origin of any communication or mislead as to
the source of the information you provide to the Services;
16. portray Company or any company affiliated with it in a negative manner
or otherwise portray its Services in a false, misleading, derogatory or
offensive manner;
17. use the Services in any manner that could damage, disable, overburden,
or impair our servers or interfere with any other party's use and enjoyment of
the Services;
18. attempt to gain unauthorized access to any services or information to
which you have not been granted access through password mining or any other
process;
19. post or transmit any photograph or likeness of another person without
that person's consent, if and to the extent necessary under applicable laws;
20. post, publish, transmit, reproduce, distribute or in any way exploit any
information, software or other material obtained through the Services for
commercial purposes (other than as expressly permitted by the Services and by
the provider of such information, software or other material); or
21. upload, post, publish, transmit, reproduce, or distribute in any way,
information, software or other material obtained through the Services which is
protected by copyright, or other proprietary right, or derivative works with
respect thereto, without obtaining permission of the copyright owner or
rightsholder, or which otherwise violates or infringes the rights of others,
including without limitation, patent, trademark, trade secret, copyright,
publicity, or other proprietary rights.
3.2. Company has no obligation to monitor the
Services. However, you acknowledge and agree that Company has the right to monitor
the Services electronically from time to time, and to disclose any information
as necessary or appropriate to satisfy any law, regulation or other
governmental request, to operate the Services properly, or to protect itself or
its customers. Company reserves the
right to refuse to post or to remove any information or materials, in whole or
in part, that, in its sole discretion, are unacceptable, undesirable,
inappropriate or in violation of this Agreement.
3.3. With respect to any Software, including
without limitation subscription software as a service, subject to the terms and
conditions of this Agreement, we hereby grant to you a limited, nonexclusive,
non-transferable license to access and use such Software during the term of
this Agreement, solely by the number of authorized users, and only up to the
approved and mutually agreed usage volumes, as set forth on the applicable
ordering document or as otherwise mutually agreed, and solely for internal and
non-commercial purposes, provided that you shall also comply at all times with all official documentation, technical manuals,
functional manuals, operator and user guides and manuals.
3.4. You shall not, and shall not attempt to
(and shall not authorize or allow any third party to or attempt to): (a)
download or otherwise obtain a copy of the Service (as applicable as such term
is used herein, including any portion thereof) in any form; (b) reverse
engineer, reverse compile, decompile, disassemble, or translate, exploit, or
otherwise derive the source code of the Service or otherwise modify, the
Service, or create any derivative works thereof; or (c) use the Service on
behalf of any third party or for any purpose other than as described in this
Agreement; (d) sell, resell, lease,
license, sublicense, distribute, reproduce, copy, duplicate, or otherwise
transfer or exploit the Service or use it as a service bureau; (e) post, send, process or store
infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous
material, including material violating of third party rights; (f) post, send,
process or store material containing software viruses, worms, Trojan horses or
other harmful or malicious computer code, files, scripts, agents or programs;
(g) interfere with or disrupt the integrity or performance of the Service or
attempt to gain unauthorized access to the Service or related systems or
networks; (h) remove, alter or obscure any titles, product logo or brand name,
trademarks, copyright notices, proprietary notices or other indications of the
intellectual property rights and/or our rights and ownership thereof, whether
such notice or indications are affixed on, contained in or otherwise connected
to the software or on any copies made in accordance with this Agreement; (i) remove, alter or obscure any titles, product logo or
brand name, trademarks, copyright notices, proprietary notices or other
indications of the intellectual property rights and/or our rights and ownership
thereof, whether such notice or indications are affixed on, contained in or
otherwise connected to the Service, or documentation, or on any copies made in
accordance with this Agreement; (j) use, or authorize or permit the use of, the
Service except as expressly permitted herein; (k) use the Service to perform
any activity which is or may be, directly or indirectly, unlawful, harmful,
threatening, abusive, harassing, tortuous, or defamatory, nor to perform any
activity which breaches the rights of any third party. The Service may be used only by you (i) for
your internal business purposes and only for your direct benefit; (ii) only by
the number of persons for whom a license fee has been paid, and all such use
may only be by those persons using the Service for the benefit of you in the
course and scope of their employment, subject to the terms hereof; (iii) only
in its original form without alteration or combination with other products,
services or software except as expressly authorized in any applicable
documentation; and (iv) in compliance with all applicable laws and in compliance
with all documentation and instructions provided by us. You agree not to copy,
duplicate or imitate, in whole or in part, any concept, idea, business model,
business process, product, service or other intellectual property or other
ideas or content embodied in the Services or learned by you from your use of or
access to the Services. You agree not to
use the Services to violate any local, state, national or international law or
to impersonate any person or entity, or otherwise misrepresent your identity or
your affiliation with a person or entity. Materials you post to the Services may not
contain URLs or links to websites that compete with the Services nor other
competitive content or references.
3.5.
We grant to you a limited, revocable, and nonexclusive right to create a
hyperlink to our publicly available website(s), subject to the terms hereof,
provided that the link does not portray us or our products or services in a
false, misleading, derogatory, or offensive matter, and provided you do not i-frame them or alter the content therein or in any way
imply a relationship therewith. You may not use any logo, trademark, or
tradename that may be displayed on this site or other proprietary graphic image
in the link without our prior written consent.
3.6. You will keep and protect any of our
Confidential Information as confidential, using at least the same efforts you
use to protect your own confidential information and in no event less than
reasonable and industry standard efforts.
Our “Confidential Information” includes the Services, documentation and
information about the Services and their operation, and any other information
you obtain from or about us or from or about the Services, or any other information
which a reasonable person would or should understand to be confidential or
proprietary in nature. You agree to
return or destroy our Confidential Information when this Agreement is over. You
acknowledge and agree we shall be entitled to seek equitable relief in any
court of competent jurisdiction without the necessity of posting bond and in
addition to such other remedies as may be available under law or in
equity. Your confidentiality obligations
shall survive termination or expiration of this Agreement.
3.7. While this Section highlights some of
your key obligations, headers and section titles are for convenience only, and
you are bound by all the terms of this Agreement.
4.
PUBLIC POSTINGS AND LICENSED MATERIALS
4.1. We will use reasonable efforts to
protect the confidentiality of certain personally identifiable information you
submit to us (e.g., your address and credit card information submitted by you
initially for the purpose subscribing to the Service) (“Personally Identifiable
Information”), in accordance with the Privacy Policy posted on our
website.
4.2. Other content or communications you
transmit to us, including without limitation any feedback, data, questions,
comments, suggestions, in any form or media, that you submit to us via e-mail,
the Services or otherwise (to the extent excluding any Personally Identifiable
Information, collectively, "Submissions"), will be treated as
non-confidential and nonproprietary.
4.3. By providing any Public Posting or
Submission, you (i) grant to Company a royalty-free,
non-exclusive, perpetual, irrevocable, sub-licensable right to use, reproduce,
modify, adapt, publish, translate, create derivative works (including products)
from, distribute, and display such content throughout the world in all media
and you license to us all patent, trademark, trade secret, copyright or
other proprietary rights in and to such content for publication on the Services
pursuant to this Agreement; (ii) agree that we shall be free to use any ideas,
concepts or techniques embodied therein for any purpose whatsoever, including,
but not limited to, developing and marketing products or services incorporating
such ideas, concepts, or techniques, without attribution, without any liability
or obligation to you; (iii) grant to Company the right to use the name that you
submit in connection with such content. In addition, you hereby waive all moral
rights you may have in any Public Posting or Submissions.
4.4. You shall be solely responsible for your
own content and any Public Postings and Submissions. You affirm, represent, and
warrant that you own or have the necessary licenses, rights, consents, and
permissions to publish content you post or submit. You further agree that content you submit via
Public Postings or Submissions 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 us all of the
license rights granted herein. You
further agree that you will not submit to the Services any content or other
material that is contrary to any posted “community guidelines” or similarly
titled document, if any, which may be updated from time to time, or contrary to
applicable local, national, and international laws and regulations.
4.5. We do not endorse any content submitted
to the Services by any user or other licensor, or any opinion, recommendation,
or advice expressed therein, and we expressly disclaim any and all liability in
connection with content. We do not permit copyright infringing activities and
infringement of intellectual property rights on the Services, and we will
remove all content if properly notified that such content infringes on
another's intellectual property rights as set forth herein below. We reserve
the right to remove content without prior notice. We reserve the right to decide whether your
content violates this Agreement for reasons other than copyright infringement,
such as, but not limited to, pornography, obscenity, or excessive length. We
may at any time, without prior notice and in our sole discretion, remove such
content and/or terminate a user's account or otherwise block access for
submitting such material in violation of this Agreement.
4.6. We are not responsible for end user
error or errors in inputs or for errors in any user supplied data. We do not independently verify the
truthfulness or accuracy of any data or content input into the Services and are
not responsible for the fraud, misrepresentation, negligence or misconduct of
any end user or other third party.
5.
FEES AND PAYMENTS
5.1. If and to the extent any portion of the Services
may require a fee payment or incremental payment or subscription, you agree to
pay Company any applicable fees posted for the Services. By completing and
submitting any credit card or other payment authorization through the Services,
you are authorizing Company to charge the fees to the account you identify. You
must keep all billing information, including payment method, up to date. You
agree to pay us for all charges incurred under your account, including all
applicable taxes, fees, and surcharges. You authorize and direct us to charge
your designated payment method for these charges or, if your designated payment
method fails, to charge any other payment method you have on file with us.
Further, you authorize and direct us to retain information about the payment
method(s) associated with your account. If we do not receive payment from your
designated payment method or any other payment method on file, you agree to pay
all amounts due upon demand by us. You will
be responsible for accrued but unpaid charges, even if your account is canceled
by you or terminated by us. During any
free trial or other promotion, if any, you will still be responsible for any
purchases and surcharges incurred using your account.
5.2. After 30 days from the date of any
unpaid charges, your fee-based Services will be deemed delinquent and we may
terminate or suspend your account and Services for nonpayment. We reserve the
right to assess an additional 1.5 percent late charge (or the highest amount
allowed by law, whichever is lower) per month if your payment is more than 30
days past due and to use any lawful means to collect any unpaid charges. You
are liable for any fees, including attorney and collection fees, incurred by us
in our efforts to collect any remaining balances from you. Except as otherwise
mutually agreed in writing, we reserve the right to change our fees with 30
days’ notice.
5.3. You are responsible for all charges
incurred under your account, including applicable taxes, fees, surcharges, and
purchases made by you or anyone you allow to use your account (including your
children, family, friends, or any other person with implied, actual, or
apparent authority) or anyone who gains access to your account as a result of
your failure to safeguard your username, password, or other authentication
credentials or information.
6.
WARRANTIES AND LIMITATIONS OF WARRANTIES.
6.1. If you are not completely satisfied with
the Services, your sole remedy is to cease using the Services. With respect to any fee-based Services, if
you signed up for designated term or timeframe, you will still be responsible
for payment for the full term. If you
did not subscribe for any minimum period, then you may cancel at any time on 30
days advanced notice, and cease to use the Services, then you will not be
charged any additional amounts after the effective date of such
termination. In any case, you will be
responsible for any and all charges and activity accrued prior to your Services
termination date, and those obligations will survive your termination of the
Services. Company undertakes commercially reasonable efforts to ensure that the
information it provides is current and accurate, however, Company does not
warrant the accuracy of information.
Company also undertakes commercially reasonable efforts to protect the
confidentiality of any confidential information you provide, in accordance with
the Privacy Policy, however, Company does not guaranty the confidentiality of
such information against unauthorized third party access or system failure.
1.6. 6.2. THE SERVICES, THE WEBSITE, APPS, AND ALL INFORMATION, CONTENT, AND
MATERIALS RELATED TO THE FOREGOING, ARE PROVIDED "AS IS." EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT,
WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF
DATA. WE DO NOT WARRANT THAT USE OF THE
SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS FREE. ALTHOUGH INFORMATION THAT YOU SUBMIT MAY BE
PASSWORD PROTECTED, WE DO NOT GUARANTEE THE SECURITY OF ANY INFORMATION
TRANSMITTED TO OR FROM THE SERVICES AND YOU AGREE TO ASSUME THE SECURITY RISK
FOR ANY INFORMATION YOU PROVIDE THROUGH THE SERVICES. THIS SERVICE MAY
CONTAIN TRANSLATIONS POWERED BY THIRD PARTIES, SUCH AS GOOGLE. WITHOUT LIMITING
THE GENERALITY OF THE OTHER LIMITATIONS AND DISCLAIMERS HEREIN, WE, AND ANY
SUCH THIRD PART(Y)(IES), DISCLAIM ALL WARRANTIES RELATED TO ANY TRANSLATIONS,
EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT.
7.
LIMITATIONS OF LIABILITY.
7.1. IN NO EVENT SHALL WE OR OUR AFFILIATES
BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, OR
FOR LOSS OF PROFITS OR DAMAGES ARISING DUE TO BUSINESS INTERRUPTION OR FROM
LOSS OR INACCURACY OF INFORMATION, INCLUDING IF AND TO THE EXTENT ANY OF THE
FOREGOING ARISES IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OR INABILITY TO
USE THE SERVICES, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF WE
WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF
US TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT OR
THE SERVICES, EXCEED THE TOTAL FEES PAID TO US BY YOU, IF ANY, DURING THE
SIX-MONTH PERIOD PRECEDING THE DATE OF ANY CLAIM (OR $10 IF THE SERVICES ARE
FREE). YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM
BETWEEN YOU AND US RELATING TO THE PROVISION OF THE SERVICE TO YOU AND WE WOULD
NOT PROVIDE THE SERVICE TO YOU WITHOUT THIS LIMITATION.
7.2. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD
HARMLESS US AND OUR AFFILIATED COMPANIES, AND EACH OF OUR AND THEIR RESPECTIVE
OFFICERS, DIRECTORS, MEMBERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ALL
LOSSES, EXPENSES, DAMAGES, CLAIMS, JUDGMENTS, COSTS, EXPENSES AND LIABILITIES,
INCLUDING REASONABLE ATTORNEYS' FEES, INCURRED BY US OR SUCH PARTIES AND/OR
ARISING OUT OF OR RESULTING FROM (1) ANY ACTUAL OR ALLEGED VIOLATION BY YOU OF
THIS AGREEMENT (INCLUDING ANY REPRESENTATION OR WARRANTY HEREIN); (2) ANY
ACTIVITY RELATED TO YOUR ACCOUNT BY YOU OR ANY OTHER PERSON ACCESSING THE
SERVICE WITH YOUR PASSWORD; (3) YOUR USE OF AND ACCESS TO THE SERVICES; (4)
YOUR ACTUAL OR ALLEGED VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT
LIMITATION ANY COPYRIGHT, PROPERTY OR PRIVACY RIGHT; (5) YOUR ACTUAL OR ALLEGED
VIOLATION OF ANY LAW, RULE OR REGULATION; AND/OR (6) YOUR CONTENT OR DATA,
INCLUDING IF IT CAUSES ANY DAMAGE TO A THIRD PARTY. YOUR DEFENSE,
INDEMNIFICATION AND HOLD HARMLESS OBLIGATIONS IN THIS AGREEMENT WILL SURVIVE
THIS AGREEMENT AND YOUR USE OF THE SERVICES.
7.3. You acknowledge that the information on
the Website and other Services is provided 'as is' for general information
only. If you use the Services to provide any services in any heavily regulated
industry, such as, without limitation, medical, legal, tax or financial advice,
you are fully responsible for all such services, and represent and warrant that
you are appropriately qualified and certified to do so, possessing all
necessary licenses and permits to do so. You indemnify us for any failure by
you or your agents to do so and/or to follow any applicable laws, rules and
regulations. You may use the Services for informational purposes only, as an
aid, but only as one information source among many, and not as the sole basis
for making any decisions; you must conduct proper due diligence and use your own
judgment when making any decisions based on any information, analytics or
reports derived from the Services.
7.4.
We shall not be liable for any circumstances arising out of causes beyond our
reasonable control or without our fault or negligence, including, but not
limited to, Acts of God, acts of civil or military authority, fires, riots,
wars, embargoes, Internet disruptions, hacker attacks, or communications
failures, or other force majeure.
7.5. If we breach this Agreement, you agree
that your exclusive remedy is to recover, from us or any affiliates, resellers,
distributors, and vendors, direct damages up to an amount equal to your
Services fee for one month (or up to USD$10.00 if the Services are
free). YOU CAN'T RECOVER ANY OTHER DAMAGES OR LOSSES, INCLUDING, WITHOUT
LIMITATION, DIRECT, CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL,
OR PUNITIVE. These limitations and exclusions apply if this remedy doesn't
fully compensate you for any losses or fails of its essential purpose or if we
knew or should have known about the possibility of the damages. To the maximum
extent permitted by law, these limitations and exclusions apply to anything
related to this Agreement such as, without limitation, loss of content; any
virus affecting your use of the Services; delays or failures in starting or
completing transmissions or transactions; claims for breach of contract,
warranty, guarantee, or condition; strict liability, negligence,
misrepresentation, or omission; trespass, or other tort; violation of statute
or regulation; or unjust enrichment. Some
or all of these limitations or exclusions may not apply to you if your state,
province, or country doesn't allow the exclusion or limitation of incidental,
consequential, or other damages.
8. DURATION
OF TERMS
8.1. Once in effect, this Agreement will
continue in operation until terminated by either you or us. However, even after termination, the
provisions of sections 3 through 15 of this Agreement will remain in effect in
relation to any prior use of the Services by you. You may terminate this
Agreement at any time and for any reason by providing notice to Company in the
manner specified in this Agreement or by choosing to cancel your access to the
Services using the tools provided for that purpose within the Services. We may terminate this Agreement without
notice or, at our option, temporarily suspend your access to the Services, in
the event that you breach this Agreement.
Notwithstanding the foregoing, Company also reserves the right to
terminate this Agreement at any time and for any reason by providing notice to
you either through email or other reasonable means. After termination of this
Agreement for any reason, you understand and acknowledge that Company will have
no further obligation to provide the Services or access thereto. Upon termination, all licenses and other
rights granted to you by this Agreement, if any, will immediately cease, but
your licenses to us shall survive, and certain of your obligations (including
payment obligations, if any) will survive in accordance with the terms hereof.
9. MODIFICATION OF TERMS
9.1. Company may change the terms of this
Agreement from time to time. You will be
notified of any such changes via e-mail (if you have provided a valid email address)
and/or by our posting notice of the changes on the Services (which may consist
of publishing the changes on our website).
Any such changes will become effective when notice is received or when
posted on the Services, whichever first occurs.
If you object to any such changes, your sole recourse will be to
terminate this Agreement. Continued use
of the Services following such notice of any such changes will indicate your
acknowledgement of such changes and agreement to be bound by such changes.
10.
MODIFICATIONS TO SERVICES
10.1. We reserve the right to modify or
discontinue the Services at any time with or without notice to you, including
without limitation by adding or subtracting features and functionality, third
party content, etc. In the event of such
modification or discontinuation of the Services, your sole remedy shall be to
terminate this Agreement as set forth herein.
Continued use of the Services following notice of any such changes will
indicate your acknowledgement and acceptance of such changes and satisfaction
with the Services as so modified.
11.
OWNERSHIP
11.1. We and/or our vendors and suppliers, as
applicable, retain all right, title and interest in and to the Services, the
website and all information, content, Software, and other software and
materials provided by or on behalf of us, including but not limited to all
text, images, videos, logos, button icons, audio clips, and the look and feel
of the website and our brands and logos, and any data compilations, including without
limitation any data input by or on behalf of us or our third party providers,
and any data to the extent processed by, or resulting as an output of, the
Services, and all Services usage data, statistical data or aggregated data
collected or reported with respect to the any part or all of the Services, including without
limitation any aggregated and anonymized data extracted or derived from the
Service, including all aggregated and anonymized usage data, statistical data,
transactional data, metadata, market data and other aggregated and anonymized
data collected from user data and files. We own the rights to any metadata we collect from or about your use of
the Services. Without limiting the generality of the foregoing, we reserve the
right to create and market public indexes, analysis or insights created from
such data. You agree that you will not copy, reproduce, distribute or create
derivative works from any information, content, software or materials provided
by us, or remove any copyright or other proprietary rights notices contained in
any such information, content, software or materials without the copyright
owner's prior written consent.
11.2. Unless otherwise stated, all content in
our websites or other Services, is our property or the property of third
parties. These contents are protected by copyright as a collective work
and/or compilation, pursuant to U.S. copyright laws, international conventions
and other copyright laws.
11.3. Your feedback is welcome and
encouraged. You agree, however, that (i) by
submitting unsolicited ideas to us, you automatically forfeit your right to any
intellectual property rights in such ideas; and (ii) unsolicited ideas
submitted to us or any of our employees or representatives automatically become
our property.
12.
INTERNATIONAL USERS
12.1. The Services are controlled, operated and administered by us from
within the United States. We make no representation that this site is available
for access or use at other locations outside the U.S. However, any access or use
from outside the U.S. is still subject to this Agreement. Access to the
Services is expressly prohibited from territories where this site or any
portion thereof is illegal. You agree not to access or use any information or
materials on the Services in violation of U.S. export laws and regulations, or
in violation of any laws or regulations in the country from which you are
accessing the Services. Any personal information
which we may collect via the Services may be stored and processed in our
servers located in the United States or in any other country in which we, or
our affiliates, subsidiaries, or agents maintain facilities. You consent to any
such transfer of personal information outside your country of residence to any
such location.
13.
THIRD PARTY CONTENT AND SERVICES
13.1. Certain content (including without limitation advertisements) on the Services may be supplied by third parties. Company does not have
editorial control over such content. Any opinions, advice, statements,
services, offers, or other information that constitutes part of the content
expressed or made available by third parties, including without limitation,
suppliers and vendors, advertisers,
or any customer or user of the Services, are those of the
respective authors or distributors and not of Company or its affiliates or any
of its officers, directors, employees, or agents. In many instances, the
content available on the Services represents the opinions and judgments of the
respective third parties, whether or not under contract with Company. You may enter into
correspondence with or participate in promotions of such third parties, such as
advertisers promoting their products, services or content on this site. Any
such correspondence or participation, including the delivery of and the payment
for products, services or content, are solely between you and each such third
party. Company neither endorses nor is responsible
for the accuracy or reliability of any opinion, advice, submission, posting, or
statement made on the Services. Under no circumstances shall Company, or its
affiliates, or any of their respective officers, directors, employees, or
agents, be liable for any loss or damage caused by your reliance on any content
or other information obtained through the Services.
13.2. The Services may integrate and/or
interact with third party services, such as via APIs or browser extensions. For
example, the Services may leverage APIs from third parties such as (without limitation) Facebook, WhatsApp, Twitter, LinkedIn, Google (e.g., Analytics, Google
Classroom, Google Docs, Gmail, etc.), Tidio,
Clicky, Firebase, etc., and/or we may rely on third
party browser extensions, and Company has no
affiliation, association, endorsement, or sponsorship by any other third party
services with which it integrates or interacts from time to time (collectively,
“Third Party Services”). As such, you may be subject to their respective
privacy policies, terms of use or other applicable terms and conditions of such
Third Party Services. Company makes no claim, representation or warranty of any
kind, type or nature concerning any Third Party Services, nor Company’s or any
User’s compliance with any third party terms of service for any such Third
Party Services (collectively, “Third Party Terms”). It shall be each User’s
sole responsibility to analyze and interpret any applicable Third Party Terms
and comply therewith. Each User is solely responsible for their interpretation
of Third Party Terms and their actions relevant to compliance thereof. By using
the Services, you hereby release Company and waive any and all claims or claim
rights that you may have against Company, and release and indemnify Company
against any claims that any third party may have against you, including with
respect to your use of any Third Party Services, including if accessed or used
via our Services, and with respect to Third Party Terms, applicable privacy
policies or any other rules or regulations of such third parties.
13.3. Without limiting the generality of the foregoing, we may elect, in
our discretion, to utilize social logins, allowing you to login to the Services
via other third party authentication services, such as (without limitation)
your Facebook, WhatsApp, Twitter, LinkedIn, Google (e.g., Analytics, Google
Classroom, Google Docs, Gmail, etc.), or other account credentials. You understand that these are Third Party Services, and this in no way creates and endorsement of, by or from us to them
or vice versa, that we are not responsible for their logins, systems or data, and
that by using such third party logins, you may be subject to their respective
privacy policies and other terms of use.
13.4. You understand that when using the Services, you will be exposed
to content from a variety of sources, and that we are not responsible for the
accuracy, usefulness, safety, or intellectual property rights of or relating to
such content. You further understand and acknowledge that you may be exposed to
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 us with respect thereto, and, to the extent
permitted by applicable law, agree to indemnify and hold harmless Company, its
owners, operators, affiliates, licensors, and licensees to the fullest extent
allowed by law regarding all matters related to your use of the Services.
13.5. As a convenience to you, Company may
provide, in or through the Services, one or more links to third party web sites
or services and/or provide email contacts respecting third parties. Company
makes no endorsement of such third parties, nor any representation or warranty
regarding anything that takes place between you and any such third parties,
including, without limitation, visits to third party web sites, services, email
correspondence with third parties, and business or other transactions with third
parties found through the Services. Please understand that such third parties
are independent from and not controlled by Company, even if, for example, a
Company link or logo appears on a website linked from this website or our other
Services. It is up to you to read those third party sites’ applicable terms of
use, privacy, and other applicable policies. For example, without limitation,
we may outsource operation of certain aspects of our Services to one or more
third parties, and they may have access to certain data by virtue of operating
such Services, subject to their own policies.
13.6.
Certain third parties may be third party beneficiaries to this contract. For
example, without limitation, Apple Inc.,
Google, Inc., or Microsoft Corporation will be a third-party beneficiary to
this contract if you access the Services using applications developed for Apple
iOS, Android, or Microsoft Windows-powered mobile devices, respectively. These
third party beneficiaries are not parties to this contract and are not
responsible for the provision or support of the Services in any manner.
However, your access to the Services using these devices is subject to terms
set forth in the applicable third party beneficiary's terms of service.
14. Digital Millennium Copyright Act
14.1. If
you are a copyright owner or an agent thereof and believe that any content in
our Services infringes upon your copyrights, you may submit a notification
pursuant to the Digital Millennium Copyright Act ("DMCA") by
providing our Copyright Agent with the following information in writing (see 17
U.S.C 512(c)(3) for further detail):
· A physical or
electronic signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed;
· Identification of the
copyrighted work claimed to have been infringed, or, if multiple copyrighted
works at a single online site are covered by a single notification, a
representative list of such works at that site;
· Identification of the
material that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled and
information reasonably sufficient to permit the service provider to locate the
material;
· Information reasonably
sufficient to permit the service provider to contact you, such as an address,
telephone number, and, if available, an electronic mail;
· A statement that you
have a good faith belief that use of the material in the manner complained of
is not authorized by the copyright owner, its agent, or the law; and
· A statement that the
information in the notification is accurate, and under penalty of perjury, that
you are authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
14.2. Company's
designated method to receive notifications of claimed infringement is by
emailing the Copyright Agent at info@langlang.co
You acknowledge that if you
fail to comply with all of the requirements of this Section your DMCA notice
may not be valid.
14.3. If you believe
that your content that was removed (or to which access was disabled) is not
infringing, or that you have the authorization from the copyright owner, the
copyright owner's agent, or pursuant to the law, to post and use the material
in your content, you may send a counter-notice containing the following
information to the Copyright Agent:
·
Your physical or electronic signature;
·
Identification of the content that has been
removed or to which access has been disabled and the location at which the
content appeared before it was removed or disabled;
·
A statement that you have a good faith belief
that the content was removed or disabled as a result of mistake or a
misidentification of the content; and
·
Your name, address, telephone number, and
e-mail address, a statement that you consent to the jurisdiction of the federal
courts in Broward County, Florida, and a statement that you will accept service
of process from the person who provided notification of the alleged
infringement.
14.4. If a counter-notice is received by the
Copyright Agent, Company may send a copy of the counter-notice to the original
complaining party informing that person that it may replace the removed content
or cease disabling it in 10 business days. Unless the copyright owner files an
action seeking a court order against the content provider, member or user, the
removed content may be replaced, or access to it restored, in 10 or more
business days after receipt of the counter-notice, at Company's sole
discretion.
15. CLASS ACTION WAIVER AND ARBITRATION
THIS SECTION CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION
WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH US.
15.1. Except if you opt-out as expressly permitted below, or except to
the extent contrary to applicable law ("Excluded Disputes"), you
hereby agree that all disputes between you and us (whether or not such dispute
involves a third party) with regard to your relationship with us, including
without limitation disputes related to these Terms, your use of the Service,
and/or rights of privacy and/or publicity, may, in our discretion, be resolved
by binding, individual arbitration under the American Arbitration Association's
rules for arbitration of consumer-related disputes and you hereby expressly
waive trial by jury. As an alternative, you may bring your claim in your local
"small claims" court, if permitted by that small claims court's
rules. You may bring claims only on your own behalf. You agree that you shall
not participate in any class action or class-wide arbitration for any claims
covered by this Agreement. You also agree not to participate in claims brought
in a private attorney general or representative capacity, or consolidated
claims involving another person's account, if we are a party to the proceeding.
This dispute resolution provision will be governed by the US Federal
Arbitration Act, to the extent permissible. In the event the American Arbitration
Association is unwilling or unable to set a hearing date within one hundred and
sixty (160) days of filing the case, then either we or you can elect to have
the arbitration administered instead by the Judicial Arbitration and Mediation
Services. Judgment on the award rendered by the arbitrator may be entered in
any court having competent jurisdiction. Any provision of applicable law
notwithstanding, the arbitrator will not have authority to award damages,
remedies or awards that conflict with these Terms. You may opt out of this agreement to
arbitrate. If you do so, neither you nor we can require the other to
participate in an arbitration proceeding. To opt out, you must notify us in
writing within 30 days of the date that you first became subject to this
arbitration provision. You must use this address to opt out: info@langlang.co
15.2. You must include your name and
residence address, the email address you use for your account with us, and a
clear statement that you want to opt out of this arbitration agreement. If and to the extent the prohibition against
class actions and other claims brought on behalf of third parties contained
above is found to be unenforceable, then such preceding language in this
Arbitration section will be null and void. This arbitration agreement will
survive the termination of your relationship with us.
16. MISCELLANEOUS.
16.1. You shall comply with all laws, rules
and regulations now or hereafter promulgated by any government authority or
agency that are applicable to your use of the Services, or the transactions
contemplated in this Agreement. You may not assign your rights or obligations
hereunder, and any attempt by you to sublicense, assign or transfer any of the
rights, duties or obligations hereunder or to exceed the scope of this
Agreement is void. In the event that
Company is sold to a third party, such a sale will not be deemed a transfer of
personal information so long as that third party agrees to assume Company's
obligations as to these Terms of Services and any associated Privacy
Policy. This Agreement, the Services,
and the rights and obligations of the parties with respect to the Services will
be subject to and construed in accordance with the laws of the State of Delaware,
excluding conflict of law principles. By accessing or using any Services you
agree that the statutes and laws of the State of Delaware, without regard to conflicts of law principles thereof,
will apply to all matters arising from or relating to the use thereof. You also
agree and hereby submit to the exclusive legal jurisdiction and venues of the
Courts of Broward County, Florida, with respect to such matters. This is the
entire agreement between you and Company with regard to the matters described
herein and govern your use of the Services, superseding any prior agreements
between you and Company with respect thereto. The failure of Company to
exercise or enforce any right or provision of this Agreement shall not
constitute a waiver of such right or provision. If any provision of this Agreement
is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other provisions
hereof shall remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of this Agreement or related to use of the
Services must be filed within three (3) months after such claim or cause of
action arose or be forever barred.
Last Updated: July 30, 2024