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By accessing the WordLearner.com website at www.wordlearner.com ("the website") and wap site at wap.wordlearner.com ("the WAP site") you agree to be bound by the following terms and conditions:
1. Definition of Terms
1.1 In these terms and conditions, "WordLearner.com", "WordLearner", "we" and "us" means UpSpring Bt., whose registered office is at UpSpring Bt., Akácfa u. 6., Budapest , 1072, Hungary.
1.2 "You" refers to the customer or user who uses the Site subject to these terms and conditions and "your" will be construed accordingly.
1.2 "Members Area" refers to any part of the website or WAP site which may only be viewed or accessed using a valid username and password.
1.3 "Premium Membership" refers to any membership level provided by WordLearner.com for which the user must pay. This includes 'Silver Membership', 'Gold Membership', 'Platinum Membership' and 'Platinum Membership FOR LIFE'.
2. Access to the website and content
2.1 We will endeavour to allow uninterrupted access to the website, but access to the website may be suspended, restricted or discontinued at any time.
2.2 We reserve the right to change, modify, substitute or remove without notice any information, product or service on the website from time to time.
2.3 We assume no responsibility for the quality or nature of content that has been submitted to this website by users of WordLearner.com.
3. Age Requirement
3.1 WordLearner.com is directed to adults and teenagers and is not directed to children under the age of 13. You must be 13 years of age or older to use WordLearner.com. UpSpring Bt. complies with the Children's Online Privacy Protection Act and does not permit registration by and will not knowingly collect personally identifiable information from anyone under 13. This requirement will be posted wherever UpSpring Bt. collects data within the Service, such as during the sign up process. By signing up for the Service, you represent and warrant that you are 13 years of age or older. Additionally, you must provide true, accurate and complete registration information to become a member of the Service ("Member"). Creating a Member account under automated means or under false or fraudulent pretenses constitutes unauthorized use of the Service and such accounts will be terminated.
4. Intellectual Property
4.1 The copyright of the material contained in the website (not including material submitted to the website by WordLearner.com members), together with the website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software belongs to UpSpring Bt. All rights are reserved. None of this material may be reproduced or redistributed without our written permission. You may, however, download or print a single copy for your own off-line viewing.
4.2 WordLearner.com is a registered trademark of UpSpring Bt. Other product and company names mentioned on this website may be the trademarks or registered trademarks of their respective owners.
4.3 All content uploaded by members to the website remains the property of the owner, however, by submitting content to this website, you explicitly grant us indefinite permission to provide other members access to this content, even after your account has been terminated.
5. Liability
5.1 The information, products and services included in or available through the WordLearner.com site may include inaccuracies or typographical errors. Changes are periodically made to the WordLearner.com site and to the information therein. WordLearner.com may make improvements and/or changes to the WordLearner.com site at any time. WordLearner.com make no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, products, services and related graphics contained within the WordLearner.com site for any purpose. All such information, products, services and related graphics are provided "as is" without warranty of any kind. WordLearner.com hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement. You specifically agree that WordLearner.com shall not be responsible for unauthorized access to or alteration of your transmissions of data and for any material or data sent or received or not sent or received. You specifically agree that WordLearner.com is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights.
5.2 Damages: In no event shall WordLearner.com be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the WordLearner.com site/service, with the delay or inability to use the WordLearner.com site/service or related services, the provision of or failure to provide services, or for any information, products, services and related graphics obtained through the WordLearner.com site/service, or otherwise arising out of the use of the WordLearner.com site/service, whether based on contract, tort, negligence, strict liability or otherwise, even if UpSpring Bt. have been advised of the possibility of damages. If you are dissatisfied with any portion of the WordLearner.com site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the WordLearner.com site.
5.3 Costs: In no event shall WordLearner.com be liable for any costs incurred to you while accessing the WordLearner.com site/services.
6. User Name and Password
6.1 On registering membership with us, you are required to have a unique User Name and a unique email address - which is registered in your name and which is valid at the time of registration - and a Password which must be used in order to access the services of WordLearner.com. The WordLearner.com services associated with this User Name, Email Address and Password are personal to you and are not transferable.
6.2 Your User Name, Email Address and Password are the methods used by us to identify you and so are very important. You are responsible for all access to the WordLearner.com services associated with this User Name, Email Address and Password, and the User Name and Password may not be used by any other individual other than yourself. Any breach of security of a User Name and/or Password should be notified to us immediately.
6.3 You may not adapt or circumvent the systems in place in connection with the website, nor access the website other than through normal operations.
7. Data displayed on the website
7.1 We accept no liability for data displayed on the website and the limitations in Condition 5 above (Exclusions of liability) apply.
7.2 If you upload or submit data to or via the website you are responsible for ensuring that the data is accurate, complete and up to date and for updating that data where necessary.
7.3 If you upload or submit data to or via the website you are responsible for ensuring that none of this data is untrue, defamatory, obscene or abusive or otherwise objectionable or in breach of any applicable laws or rights of third parties. You are also responsible for ensuring that no data is uploaded or submitted to or via the website which attempts in any way to promote the products or services of yourself or others.
7.4 We reserve the right (without limiting our rights to seek other remedies) to remove offending material placed on the website that we consider to constitute a misuse of the website or which is otherwise harmful to other users of the website.
7.5 You will indemnify us for any claim or loss (including without limitation, economic loss) suffered by us arising out of your failure to observe any of the terms of this condition.
8. Premium Membership
8.1 The Premium Membership benefits vary dependant upon the level of membership.
8.2 Unless our website explicitly states otherwise, Premium Membership is subject to our Terms & Conditions. Users will also be required to firstly register and create a 'free' account if they have not already done so.
8.3 To become a Premium Member, you must provide 2CheckOut.com with valid credit card information - 2CheckOut.com Inc. (Ohio, USA) is an authorized retailer for goods and services provided by WordLearner.com. By submitting it, you give 2CheckOut.com permission to charge the appropriate membership fees incurred through your account to the credit card you designate on the 2CheckOut.com payment form.
8.4 Premium Membership fees, once paid and processed, are not refundable.
8.5 Your Premium Membership level will commence from the date of payment and will terminate after the stated period of membership, regardless of whether or not you already have Premium membership status at WordLearner.
8.6 The term 'FOR LIFE' which is used in conjunction with Premium Membership levels - including 'Platinum Membership FOR LIFE' - will be a period of not more than 60 years.
9. Data protection
9.1 We take privacy issues very seriously. Please see our separate Privacy Policy for details.
10. Termination
10.1 If you have registered as a WordLearner.com member, we may terminate your access to the Members Area of the site without prior notice to you.
10.2 We may terminate access to the website at any time without notice to you.
10.3 All disclaimers, indemnities and exclusions in these terms and conditions shall survive termination of this Contract between us for any reason.
10.4 This agreement will terminate immediately without notice at the sole discretion of UpSpring Bt., should you fail to comply with any of the terms and conditions of this agreement.
10.5 Your account at WordLearner will be terminated after 12 months of inactivity, regardless of your Premium Membership status (this includes any Premium Membership that has been paid for "FOR LIFE"). The term "inactivity" is defined as the user not signing into the members area of the website using the username that was provided for that account.
10.6 This agreement will remain effective until terminated by either party.
11. Limitations
11.1 You may only download the WordLearner.com software for mobile phone from the WAP site located at wap.wordlearner.com and downloading is restricted to one mobile phone handset per user account. At the time of downloading the mobile phone software, the brand and model of your mobile phone will be recorded by the server and it is this information that will be used to determine whether or not permission to download the mobile phone software will be granted. If you acquire a different mobile phone then we may, upon your request, grant you permission to download to a different mobile phone, though this permission will only be granted once in any 12 month period.
12. General
12.1 You acknowledge that you have entered into this Contract in reliance only on the (non-fraudulent) representations, warranties and promises specifically contained or incorporated in this Contract. Save as expressly set out in this Contract, WordLearner.com shall have no liability in respect of any other representation, warranty or promise made prior to the date of this Contract unless it was made fraudulently.
12.2 If any provision of these terms and conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these terms and conditions shall not be affected.
12.3 We reserve the right to vary the terms of this contract from time to time, such variations becoming effective immediately upon posting of the varied terms on the Site. By continuing to use the Site you will be deemed to accept such variation.
12.4 You will contact us by submitting your message via this form. We will contact you by sending electronic mail to the address you provide to us, or by posting a notice on the Site.
12.5 By accepting these Terms & Conditions, you acknowledge that you have fully reviewed both the Terms & Conditions and the Privacy Policy of WordLearner.com.
13. Indemnification
13.1 You agree to defend, indemnify and hold harmless UpSpring Bt. (and any of its affiliates, employees, agents, third party content providers, or licensors, and their respective directors, officers, employees, and agents) from and against all claims, liability, and expenses, including attorneys' fees and legal fees and costs, arising out of your use of the Site or your breach of any provision of this Agreement. UpSpring Bt. reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required in the defense of any claim.
14. Governing laws
14.1 These terms and conditions shall be governed by and construed in accordance with International law.
14.2 Any disputes shall be subject to the exclusive jurisdiction of applicable courts, to which both parties submit.
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