Thank you for using Lingoal, like every other service some terms applies. You should read the full legal text below, but here a few of the major points:
Third Party Terms of Agreement: You must comply with applicable, if any, third party terms of agreement when using the Service.
Maintenance and Support: Brainglass provides maintenance and support on a best-effort basis with respect to the Service, or as required under applicable law. You and Brainglass acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.
If enabled by Brainglass in its sole discretion, you may establish an account with account data provided to Brainglass by a third party such as a social networking service, in which case you may have a separate, additional account relationship with such third party.
Brainglass reserves the right to add, delete, or modify services, products and any information from the Service at any time. Brainglass makes no representation or warranty as to the accuracy or completeness of the Service or information contained in the Service, nor does it warrant or represent that the Service will be available at all times or at any time. The information contained in the Service may be incomplete, may contain errors, or become out of date at any time. Brainglass makes no commitment and expressly disclaims any duty to update any of the content in the Service. The Service is provided on an “as is” basis without any express or implied warranties. The provision of the Service does not include the provision of a device or other necessary equipment to access the Service. To use the Service, you will require Internet connectivity and appropriate telecommunication links. As a result, you may and most likely be charged by a third party provider of such connectivity and links. You accept responsibility for any such charges that arise.
a. The basic limited version of the Service can be used completely free of charge. However, you have the option to subscribe to a Premium subscription in order to get access to additional learning functionalities (such as unlimited lookups) in the Service.
b. The prices and the related terms for all Paid Services, including the Premium subscription, are governed by the Paid Services terms set out in clause 8 below.
c. Where a free-trial period is included, you will not be charged until the free period is over. At this point your payment card will automatically be charged using the card details entered at the beginning of the trial. There are no refunds or credits for partial monthly subscriptions.
Where you have purchased a Paid Service (including a Premium Subscription), the following terms set out in this clause 8 shall also apply to your use and access of the Paid Service. Where there is any conflict between this clause 8 and the other terms set out in these Terms of Service, the terms in this clause 8 will prevail. The following terms shall apply to you whether or not you are the individual using the Paid Service or if you are a third party facilitating and/or paying on behalf of an individual (such as a student, employee, agent, contractor or other representative) to use the Paid Service. Notwithstanding the foregoing if you are using the Paid Service pursuant to an agreement entered into by Brainglass and a third party paying for and/or facilitating your use of the Paid Service then where the terms below are in conflict with the terms of the agreement entered into by Brainglass and the third party the terms of such agreement shall prevail.
a. The ordering process for a Paid Service allows you to check your order before you proceed with your purchase: please check the details of the order before you proceed to payment. The contract between you and Brainglass for the relevant Paid Service, which is subject to these Paid Service terms, is formed at the time you complete the payment.
b. By placing an order, you agree to pay the stipulated fees (which may be separately agreed with Brainglass) for the relevant Paid Service(s) by credit card or any other form of payment accepted by Brainglass, along with the VAT (if applicable) and any other fees or amounts associated with such Paid Service(s). The most recent fees for each Paid Service are set out in each respective outlet and you acknowledge and agree that such fees may change from time to time. Any price changes will be announced in each outlet, but will not affect existing subscriptions (so if you have signed up for a membership for a certain price, price changes won’t affect your existing subscription, and will only apply to any future subscription purchase).
c. Brainglass uses secure payment service providers to make sure that your payments are secure.
d. In relation to a Paid Service that are offered on a subscription basis, Brainglass offers different subscription periods so that you can choose the one that best meets your needs. Payment for subscription-based Paid Services is made in advance.
e. Where a subscription-based Paid Service renews automatically, your credit card will be charged automatically at the end of your current subscription period and your subscription will, unless you cancel it, be renewed for the same period of time as the initial premium subscription ordered. Subscriptions do not expire during the subscription period due to non-use of the subscribed Paid Service.
f. Brainglass may run promotions, discounts, trials or free offers which may be subject to additional terms or restrictions. These promotions and offers may not be shared among different Users, unless specifically stated, and do not apply to existing premium subscriptions.
g. Please be advised before you pay that, unless and to the extent expressly set out to the contrary in these Paid Services terms or otherwise agreed with Brainglass in writing, any amounts paid in advance will not be refunded.
i. Brainglass may suspend or terminate your access to and/or use of any one or more Paid Services immediately and without liability if:
i.1. Brainglass has reason to believe that you are in breach of or have acted inconsistently with these Paid Services Terms; or
i.2. Brainglass is entitled to suspend or terminate your account, or your use of the Service generally, under clause 9 below.
Your continued access to the Service and license to use the Service is subject to proper conduct. Without limiting Brainglass’s rights to control the Service’s environment, and the conduct of the users within that environment, Brainglass prohibits the following practices that Brainglass has determined detract from the overall user experience: any action that imposes an unreasonable or disproportionately large load on the system; use of your own or third-party software to modify any content appearing within the Service, its environment or change how the Services are used; use of the Service, the software, or any information accessible through the System, to bypass the System login architecture or create or provide any other means through which the System may be accessed and/or the Services may be used by others.
a. Your business dealings or correspondence with, or participation in promotions of advertisers found on or through the Service, including payment for and delivery of related goods or services, and any other terms, warranties, conditions or representations associated with such dealings, are solely between you and said advertiser. You agree that Brainglass shall not be held responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
b. You agree and understand that the Service from time to time may include advertisements and that these are necessary for Brainglass to provide the Service. You also understand and agree that you will not obscure any advertisements from general view via HTML/CSS or any other means By using the Service, you agree that Brainglass has the right to run such advertisements with our without prior notice, and without recompense to you or any other user. The mode, manner and extent of advertising by Brainglass in the Service are subject to change at any time at Brainglass’s own discretion.
THE SERVICE IS PROVIDED BY BRAINGLASS ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BRAINGLASS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, BRAINGLASS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE SERVICE, THE WEBSITE, THE SOFTWARE, OR THE INFORMATION AND CONTENT CONTAINED THEREIN OR BRAINGLASS MATERIALS OR SERVICES INCLUDED THEREON; (II) THAT THE SERVICE WILL BE CONTINUOUS, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE PROVIDED IN THE SERVICE; OR (IV) THAT THE SERVICE, SERVERS, OR E-MAILS SENT FROM OR ON BEHALF OF BRAINGLASS , ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS.
THE OPERATION OF THE SERVICE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF BRAINGLASS, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL BRAINGLASS , ITS PARENTS AND/OR AFFILIATES (COLLECTIVELY “BRAINGLASS” FOR PURPOSES OF THE REMAINDER OF THIS SECTION 12 AND THE FOLLOWING SECTION 13) BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SERVICE OR OTHERWISE FROM BRAINGLASS OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, BLOGS, CHATS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO BRAINGLASS’S RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT AND SERVICES AVAILABLE IN THE SERVICE.
YOU ARE SOLELY RESPONSIBLE FOR YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS. BRAINGLASS RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR OR INTERVENE IN YOUR COMMUNICATIONS WITH OTHER USERS AND/OR OTHER USERS' COMMUNICATIONS WITH YOU. BRAINGLASS SHALL HAVE NO LIABILITY FOR YOUR INTERACTIONS WITH OTHER USERS.
BRAINGLASS TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER CONTENT (DEFINED BELOW) THAT YOU OR ANY OTHER USERS OR THIRD PARTIES POST ON THE WEBSITE. YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO USER CONTENT THAT IS INACCURATE, OBJECTIONABLE, INAPPROPRIATE FOR CHILDREN OR OTHERWISE UNSUITED TO YOUR PURPOSE AND YOU AGREE THAT BRAINGLASS SHALL NOT BE LIABLE FOR ANY DAMAGES YOU ALLEGE TO INCUR AS A RESULT OF SUCH USER CONTENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL BRAINGLASS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE SERVICE OR THE PURCHASE OF ANY PRODUCT OR SERVICE THEREFROM.
In rare instances, some users may experience seizures when exposed to certain light patterns or flashing lights. Exposure to certain light patterns or backgrounds on a video monitor may induce an epileptic seizure, even in persons who have no history of prior seizures or epilepsy. Brainglass takes no responsibility for such effects and end results and the user is using the services on his/her own risk.
The names, logos, characters, brands and product and services names appearing in the Service are trademarks/service marks or registered trademarks/service marks of Brainglass or third parties (the respective holders). The use of any such trademark or service mark without express written consent of the respective holder is strictly prohibited.
You acknowledge and agree that all content available in the Service, including without limitation, animations, dictionaries, e-books, grammars, music, tools, software, code, engines etc. (“Brainglass Content”) are owned by Brainglass and/or its partners and licensors and protected by copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary rights of Brainglass and/or its partners and licensors. Brainglass and its partners and licensors retain all right, title and interest in and to the Brainglass Content. You may not use, copy, reproduce, modify, republish, upload, post, transmit or distribute any Brainglass Content on a stand-alone basis in any form or for any means. In addition, you may not sell, license, rent, perform, display, create derivative works from, or in any way use or exploit Brainglass Content in any way unless expressly permitted in this Agreement. You agree not to disassemble, decompile or reverse engineer any software or other component of the Service or Brainglass Content.
By using the Service you may create certain content such as dictionary entries, animated films, characters, movies, scenes etc. (“Submissions”). Except for the Brainglass Content contained therein, any intellectual property right and title to such Submissions shall remain and where applicable shall become your intellectual property, including textual representations (e.g., stories, manuscripts, screenplays, etc.) and/or audio content (e.g., voice recordings, sounds and music etc.) created and submitted by you for use in the Service. That portion of a Submission that is not Brainglass Content is sometimes referred to herein as User Content.
By publishing any Submission containing User Content via the Service you represent and warrant that you have all rights necessary to grant the licenses contained herein. Furthermore, you represent and warrant that there is no suit, action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect any of your User Content, or any part thereof, or which might in any way impair the rights granted by you hereunder.
Brainglass does not make a claim of ownership of the User Content. However, you agree that Brainglass shall be given also for commercial purposes the irrevocable, non-exclusive, sublicensable, perpetual, worldwide, royalty free right to utilize, reproduce, incorporate in to the Service, modify, edit, publicly perform, publicly display, distribute and make derivative works from your User Content as contained in the Submissions on the Website and the Service in any and all media now known or hereafter devised for marketing and promotional purposes and to feature your User Content and Submissions, and any derivative works created therefrom, in its Service, for example as educational material, in tutorials etc.
The license granted to You for the Service is extended for use on any Apple-branded Products that You own or controls and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such Service may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
User Content must comply with all guidelines and requirements as may be notified to you by Brainglass from time to time and must not contain content that: i) includes graphic depictions of gratuitous or excessive violence; ii) is sexually explicit; iii) includes profane or obscene language or gestures; iv) depicts intoxication or substance abuse; v) promotes negative racial, ethnic, gender, political or religious stereotypes; vi) makes negative or disrespectful use of religious symbolism; or vii) reflects adversely on the name, reputation or goodwill of Brainglass.
You shall be fully responsible for your User Content and represent that any content that you post to the Website (including, without limitation all stories, manuscripts, screenplays, voice recordings, sounds and music) does not infringe on any third party’s Intellectual Property Rights, right of privacy or right of publicity. You are responsible that no copyright protected material owned or controlled by third parties is inserted into your User Content without the prior written consent of such third party.
Brainglass will delete or remove your content if Brainglass believes it is infringing someone else’s Intellectual Property Rights, right of privacy or right of publicity. If you believe Brainglass has removed such content by mistake, you may notify us and Brainglass may, but has no obligation to, provide you with an opportunity to appeal that decision.
If you repeatedly infringe other people's intellectual property rights, Brainglass will disable your account and take such action as we may deem appropriate.
Brainglasss acknowledge that, in the event of any third party claim that the Service or the End-User’s possession and use of that Service infringes that third party’s intellectual property rights, Brainglass, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Brainglass respects the intellectual property of others and expects our users to do so as well. If you believe that a Submission or other content accessible on our Website is in violation of your copyright or trademark rights, please submit a “Take Down Notice”.
The following information must be included when submitting a Take Down Notice: Identify in sufficient detail, the work or intellectual property that you claim has been infringed; Identify in sufficient detail, the work or intellectual property you claim to be infringing so that the material can be located on the Website; 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 law; A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of the work that is allegedly being infringed; and Sufficient contact details for the person making the complaint, including an address, telephone number and e-mail address and the physical or electronic signature of the person making the complaint.
The Take Down Notice should be submitted to Brainglass at firstname.lastname@example.org. Subject field shall be “TAKE DOWN NOTICE”. After reviewing your Take Down Notice, Brainglass will remove or disable access to the applicable material if we consider it appropriate to do so. Brainglass may advise the alleged infringer of your claim and you expressly authorize Brainglass to do so.
Your continued access to the Service is subject to proper conduct. You are strictly prohibited from:
a) Creating User Content with the Service that infringes or violates any third party rights (including, but not limited to, Intellectual Property Rights, privacy rights and publicity rights), defames a third party or otherwise violates applicable laws;
b) Uploading any audio content (including, but not limited to, voice recordings, sounds or music) to the Service that infringes or violates any third party rights (including, but not limited to, Intellectual Property Rights, rights of privacy and rights of publicity), defames a third party or otherwise violates applicable laws;
c) Posting content or taking action on the Website or via the Service that infringes or violates third party rights or otherwise violates applicable laws;
d) Using Brainglass’s copyrights or trademarks or any confusingly similar marks;
e) Uploading invalid data, viruses, worms, or other software agents through the Service;
f) Impersonating another person, misrepresenting your affiliation with an entity or person, hiding or attempting to hide your identity or otherwise conducting fraud;
g) Collecting information from other users without obtaining their consent and making it clear you (and not Brainglass) are the one collecting their information;
h) Making public anyone’s identification documents or sensitive financial information or posting such information on the Website or other permitted websites;
i) Taking any action that imposes an unreasonable or disproportionately large load on the Service; and
j) Using your own or third-party software to modify any content within the Service, or to bypass any part of the Service architecture to allow you to use the service in ways other than those intended by Brainglass.
When you use the Service, visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receiving communications from us electronically and communicate with us electronically. We will communicate with you by e-mail or by posting notices in the Service or by any other means Brainglass finds suitable. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically (whether by email, posting notice on the Service or otherwise) satisfy any legal requirement that such communications be in writing.
Legal Compliance: You must represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) that You are not listed on any U.S. Government list of prohibited or restricted parties.
Last Updated: 2020-06-23