LingoDeer

Terms of Service

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General Terms and Conditions 1 Introduction LingoDeer is an online learning system (“LingoDeer”) operated by LingoDeer Co, Ltd., ( “LingoDeer”) with headquarters at Rm.1501, Grand Millennium Plaza, 181 Queen's Road Central, Hong Kong, under the internet domain www.lingodeer.com which you can use to learn languages. LingoDeer is available through mobile applications on Android and iOS devices. With your registration with LingoDeer you (the “User”) agree to these general terms and conditions of business (“T&C”). By completing the registration you enter into a valid contract with LingoDeer. Please read these T&C carefully, as they make up the legal framework applying to the use of LingoDeer. To date, LingoDeer offers free content and features. The content is professionally produced and ad-free.  2 Scope, Definitions The T&C apply to all non-commercial Users of LingoDeer. Any deviating or supplementary provisions agreed upon the conclusion of the contract shall only apply if agreed between the parties and drawn up in writing. The T&C apply both to free services and services against payment provided by LingoDeer. 3 Registration and Conclusion of the Contract 3.1 Each User may only register once. The User is obligated to provide complete and truthful information in the sections provided on the registration form. The User agrees to the publication of its Username, its profile information including but not limited to language combinations, LingoDeer Streak, weekly learning statistics as well as additional information voluntarily provided, including the profile image. The email address will not be published. 3.2 The contract between the User and LingoDeer regarding the use of LingoDeer is concluded when the User completes and sends the registration form by clicking the respective submit button and the User will also be asked to accept the T&C. 4 Paid Use of LingoDeer The basic version of the Services can be used completely free of charge. This includes basic learning courses and content. If you decide to advance your learning, we have a range of payment options to best meet your needs. You can opt to subscribe for our monthly, 3-month or annual subscription or purchase a lifetime membership to access advanced learning courses and content. Our fees for subscriptions and lifetime access are available to view within the app. Our Fees are subject to different subscription plans, gift plans andpromotions, and we therefore reserve the right to update our Fees from time to time. If you select Monthly Subscription your subscription will automatically renew as a rolling subscription and renew at the end of each monthly period, being one month (or as near to the date as possible) from the date on which your Monthly Subscription was activated. If you select 3-Month Subscription your subscription will automatically renew as a rolling subscription and renew at the end of each three monthlyperiod, being three months (or as near to the date as possible) from the date on which your 3-Month Subscription was activated. If you select Annual Subscription, your subscription will automatically renew as a rolling subscription at the end of each annual period, on the date on which your Annual Subscription was activated (each being a “Renewal”). If you proceed with a Renewal, the method of payment used to pay the Fees will be debited at the end of your current subscription. If you select Lifetime Membership, this will be charged as a one-off upfront payment without any renewals. Lifetime Pro subscription constitutes 100 years or until the date LingoDeer ceases to commercially offer the Services. You acknowledge that, if we change the Fees, this will not affect your existing subscription, therefore, if you have signed up for subscription at a certain Fee, any Fee changes will not affect any current subscription or any Renewals). 5 Content and Accessibility of the Language Portal and Liability 5.1 For providing its service, LingoDeer uses the technologies currently and commonly used in the field. To be able to make full use of the services offered by LingoDeer, the User must likewise use these technologies (e.g. up-to-date operating systems, Google services) or enable their use on its mobile devices. If older or not commonly used technologies are used, the User might only be able to make limited use of the services provided by LingoDeer. 5.2 Claims for damage on the part of the User are excluded unless stated otherwise below. The exclusion does not extend to damage claims asserted by the User arising from death or injury to body or health or infringement of essential contractual obligations (cardinal obligations) as well as the liability for other loss or damage caused by a premeditated or grossly negligent contractual infringement on the part of LingoDeer, its legal representatives or vicarious agents. Essential contractual obligations are those which must be met to achieve the goal intended by the contract. A “cardinal obligation” or “essential contractual obligations” are obligations the discharge of which enables the contract to be properly performed in the first place and the contracting party usually relies on and may rely on. 5.3 In the event of infringement of essential contractual obligations, LingoDeer shall only be liable for contractually typical, foreseeable loss or damage if the infringement was due to ordinary negligence unless it is a case of damage claims asserted by the User arising from death or injury to body or health. 5.4 The restrictions as set forth under Sections 10.2 and 10.3 shall also apply to the benefit of LingoDeer’s legal representatives and vicarious agents if claims are asserted against them directly. 6 Copyrights, Trademark Rights, Property Rights and Rights to the Use of Names Unless content is expressly labelled as creative commons, all texts, images and other works created by LingoDeer and distributed within the context of the language portal are protected by copyright and any use outside of the language portal requires LingoDeer’s prior approval. 7 User-Generated Content 7.1 Through the interactive use of LingoDeer, LingoDeer offers each User the opportunity to transfer self-generated contents (such as images, translations or texts) to LingoDeer and to post them at LingoDeer so that they may be accessible to the public. 7.2 The User hereby grants LingoDeer a perpetual, worldwide, non-exclusive, free and transferable right to make such content available to the public and to modify it in and to all content, like vocabulary listings, manuals, advertisements transferred to and published on LingoDeer. 7.3 LingoDeer may at any time remove or delete any content published by the User in its own discretion. 7.4 Being of age and proper registration via a User account is a prerequisite for posting contents. All contents transferred and, if applicable, posted by Users can be traced back to the self-chosen Username. 7.5 The User accepts that the opportunity to post contents is only granted for personal, non- commercial use. Therefore, the User is not entitled to post such content with which it intends to pursue commercial interests, in particular, advertising. 7.6 The User itself shall ensure that its registration information cannot be misused by third parties. In this context the User is particularly obligated to block all third-party access to its registration information. At the consequence of being held personally liable, the User is also responsible for ensuring that the contents it has posted at LingoDeer are free from viruses, worms, Trojans or other programs that could jeopardize or impair the operability or the existence of the language portal or the websites of other Users. 7.7 The User warrants that the content transferred by the User does not infringe on any third party’s intellectual property rights and that the content can be used in accordance with Section 7.2. This includes any moral rights of any people pictured, mentioned or else referred to in the content. 7.8 LingoDeer reserves the right to exclude the User from its offer or to limit the User option to publish content if this agreement is breached. Furthermore, the User warrants and represents and shall ensure at the consequence of being held personally liable that the contents posted by it violate neither pertinent statutory or administrative regulations nor - in addition - are harmful to young persons, are pornographic, racist or insulting or in any other similar manner violate morals. 7.9 The rights granted to LingoDeer by the User and the preceding warranties and releases shall not expire upon termination of the User relationship. 8 Final Provisions 8.1 Agreements between LingoDeer and the User shall be subject to the laws of Hong Kong, Special Administration Region of the People’s Republic of China. 8.2 Should individual points of these T&C be legally invalid, the remaining portions hereof shall be unaffected and remain binding. 8.3 LingoDeer reserves the right to modify these T&C at any time and without indicating the reason for such modification, as far as those modifications are based upon changes in the services provided by LingoDeer, changes of LingoDeer or upon legal changes or changes due to technical requirements. This includes LingoDeer offering new services. The modified T&C shall be sent to the User in advance by email. If the User does not object to the modified T&C within a period of six weeks, they are deemed to be accepted. If the User objects, LingoDeer may close the User’s account and receive a refund for any of the rest of the respective term. LingoDeer shall separately point out these legal consequences in the email with the modified T&C. 9 Additional Provisions Applicable for Residents of the United States of America 9.1 If the User is a resident of the United States of America the provisions of this Section 14 shall be applicable in addition to the provisions above or where in conflict with the provisions above, the User may choose which provisions shall be applicable. 9.2 Registration and Conclusion of the Contract The following addition provisions shall apply: 3.5 The User agrees and acknowledges that the User will never access or use another person’s account without permission. 3.6 The User agrees and acknowledges that the User will not transfer their account to another person or entity without LingoDeer’s prior written approval. 3.7 [Reserved] 3.8 If the User selects a Username or similar identifier for their account, LingoDeer reserves the right to remove or reclaim it if LingoDeer, in its sole discretion, believes it is inappropriate or violates the rights of a third party (including, but not limited to any applicable trademarks). 9.3 Content and Accessibility of the Language Portal and Liability The following shall replace and supersede Section 6 of the T&C: 6.1 [Reserved] 6.2 [Reserved] 6.3 For providing its service, LingoDeer uses the technologies currently and commonly used in the field. To be able to make full use of the services offered by LingoDeer, the User must likewise use these technologies (e.g. up-to-date browser technologies, Adobe Flash) or enable their use on its computer (e.g. activate JavaScript, enable cookies and pop-ups). If older or not commonly used technologies are used, the User might only be able to make limited use of the services provided by LingoDeer. The User is solely liable for any loss or damage incurred by the User, LingoDeer or any third party caused by the User’s failure to use up-to-date technologies when accessing LingoDeer. 6.4 [Reserved] 6.5 The content on LingoDeer (excluding User Generated Content as defined below) and the trademarks, service marks and logos on LingoDeer are owned or licensed to LingoDeer, subject to copyright and other intellectual property rights under the law. 6.6 The User agrees (a) not to modify any part of LingoDeer, except with the express and prior written consent of LingoDeer. (b) not to download or copy any account information for the benefit of any other party. (c) not to collect or make any use of any product listings, descriptions or prices. not to resell or make any commercial use of LingoDeer or its contents. not to reproduce, duplicate, copy, sell, resell or otherwise exploit LingoDeer for any commercial purpose without express written consent of LingoDeer. not to use any meta tags or any other “hidden tag” utilizing the LingoDeer name or any LingoDeer trademarks without the express written consent of LingoDeer. 6.7 The User agrees not to circumvent, disable or otherwise interfere with security-related features of LingoDeer or any associated websites and/or tablet and/or mobile applications or features that prevent or restrict use or copying of any content or enforce limitations on LingoDeer’s use. 6.8 The User agrees not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses LingoDeer in a manner that sends more request messages to the LingoDeer and/or LingoDeer 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, LingoDeer 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. LingoDeer reserves the right to revoke these exceptions either generally or in specific cases. The User agrees not to collect or harvest any personally identifiable information, including account names, from LingoDeer, nor to use the communication systems provided by LingoDeer (e.g., comments, email) for any commercial solicitation purposes. The User agrees not to solicit, for commercial purposes, any LingoDeer Users with respect to their content. In all use of LingoDeer and all associated services, website and mobile and/or tablet applications, the User agrees to comply with all applicable laws and regulations. 9.4 Copyrights, Trademark Rights, Property Rights and Rights to the Use of Names The following additional provisions shall apply: If the User is a copyright owner or an agent thereof, is located within the United States and its territories, and believes that any content on LingoDeer infringes upon the User’s copyrights, the User may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing LingoDeer’s Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail): <ul> <li>A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;</li> <li>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;</li> <li>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;</li> <li>Information reasonably sufficient to permit LingoDeer to contact the User, such as an address, telephone number, and, if available, an electronic mail address;</li> <li>A statement that the User has 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</li> <li>A statement that the information in the notification is accurate, and under penalty of perjury, that the User is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.</li> </ul> LingoDeer‘s designated Copyright Agent to receive notifications of claimed infringement is mentioned in the imprint. For clarity, only DMCA notices should go to the Copyright Agent. any other feedback, comments, requests for technical support, and other communications should be directed to LingoDeer customer service at: support@lingodeer.com. 9.5 User Generated Content The following Section shall replace Section 7.8 of the T&C in its entirety: 7.8 LingoDeer reserves the right, in its sole discretion, to exclude the User from its offer or to limit the User’s option to publish content if these T&C are breached. Furthermore, the User warrants and represents and shall ensure at the consequence of being held personally liable that any still photograph, text, music, audio, video, audio-visual work and sound recordings, computer graphics or visual effects (collectively, “User Generated Content”) posted by the User does not violate any applicable law, statute or administrative regulation and is not threatening, defamatory, indecent, harmful to young persons, pornographic, obscene, offensive to persons of any race, religion or national origin, descriptive or depictive of any graphic violence and/or offensive visual content, liable to incite violence or hatred, in breach or privacy (including uploading any private, financial or sensitive or personally-identifying information) or insulting or in any other similar manner in violation of morals. 9.6 Final Provisions The following shall replace and supersede Section 8 of the T&C and any contradictory provisions elsewhere in the T&C: 8.1 Agreements between LingoDeer and the User shall be subject to the laws of Hong Kong, SAR of People’s Republic of China, except with respect to subject matter that is governed by the federal copyright laws of the United States in which case United State copyright law will apply to the extent of such matters. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply. 8.2 Any failure of LingoDeer to exercise or enforce any right or provision of the T&C or the Privacy Statement shall not constitute a waiver of such right or provision. Should individual points of these T&C or the Privacy Statement be legally invalid, the remaining portions hereof shall be unaffected and remain binding. 8.4 The User and LingoDeer acknowledge and agree that these T&C, and the Privacy Statement and any other legal notices published by LingoDeer and incorporated herein shall constitute the entire agreement between the User and LingoDeer. 8.5 The Parties agree on the exclusive jurisdiction of the courts at the place of business of LingoDeer, if the User does not have a residence in Hong Kong. 8.6 These T&C and the Privacy Statement, and any rights and licenses granted hereunder may not be transferred or assigned by the Userbut may be assigned by LingoDeer without restriction. 8.7 The User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the T&C or the Privacy Policy must be filed within one (1) year after such claim or cause of action arose or be forever barred. 8.8 LingoDeer may, in its sole discretion, modify or revise the T&C at any time, and the User agrees to be bound by all such modifications or revisions. The modified T&C will be posted at this address and so we encourage Users to periodically check these T&C. If the User does not agree to any of these terms or the Privacy Statement, the User should immediately stop accessing and/or using this website or any of the other LingoDeer services or mobile and/or tablet applications. If the User has paid for Premium Services and objects to the T&C and/or the Privacy Statement, please notify LingoDeer immediately and we will close the applicable account and issue the applicable User a full refund for the remainder of the applicable term.