2. Changes to these Terms
Fabulingua may modify these Terms from time to time, at its sole discretion, and any modifications will be noted by updating the date these Terms were last revised. All such modifications are effective as of the time they are posted to the Site.
Your continued use of the Site following the posting of revised Terms shall constitute your acceptance of and agreement to such revised Terms, and you shall be bound by the revised Terms. You are expected to check this page regularly in order to be aware of any such revisions.
3. Permitted Uses; Modifications; License
Permitted Uses; Modifications. You may use the Site, including download of materials expressly made available for download, solely for private use, in either case subject to these Terms.
You are responsible for making all arrangements necessary for you to have access to the Site. In connection with registering for and using the Site, you agree (i) to provide accurate, current and complete information about you as requested by Fabulingua; (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) to maintain and promptly update any registration information you provide to Fabulingua, to keep such information accurate, current and complete; and (iv) to be fully responsible for all use of your account and for any actions that take place through your account.
We reserve the right to withdraw or modify the Site, and any content or services we may provide via the Site, in our sole discretion and without notice. We may also restrict access to some or all of the Site, at any time and to any user or users. We shall not be liable if for any reason any part of the Site is unavailable at any time or for any period.
Software License. Subject to these terms, with respect to any Software and Documentation (each, as defined below), Fabulingua hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Software and Documentation, and to install and use the Software supplied by Fabulingua hereunder on your personal device, including your mobile phone, laptop or desktop.
“Software” means Fabulingua’s proprietary software products (in object code format only) delivered to you in connection herewith (including but not limited to the Fabulingua stories and games), together with any update or upgrade thereto, when and if made available to you by Fabulingua. For clarity, Software does not include any software of certain third parties which Fabulingua may deliver with the Software (“Third Party Software”). Third Party Software is subject to separate terms and conditions included with, or contained in the setup installation segments of such Third Party Software. The license restrictions contained in these Terms do not apply to Third Party Software to the extent they are inconsistent with such Third Party Software terms. Fabulingua shall not be responsible for any Third Party Software.
“Documentation” means the standard end-user technical documentation, specifications, materials and other information Fabulingua supplies with the Software.
Software License Restrictions. The license granted to you under these Terms does not authorize you (nor may you allow any third party) to: (i) use the Software for any purpose or in any manner other than as set forth herein; (ii) copy, reproduce, use, sublicense, rent, lease or otherwise distribute or allow third party access to the Software except as expressly authorized hereunder; (iii) decompile, disassemble, reverse engineer, translate, modify, loan, convert or apply any procedure or process to the Software in order to ascertain, derive, and/or appropriate for any reason or purpose, including the Software source code or source listings or any trade secret information or process contained in the Software (except as permitted under applicable law); (iv) execute or incorporate other software into Software, or create a Derivative Work (as defined below) of the Software or any part thereof; (v) remove any product identification, trademarks, trade names or titles, copyrights, legends or any other proprietary marking on the Software; (vi) disclose the results of any benchmarking of the Software (whether or not obtained with Fabulingua’s assistance) to any third party; (vii) attempt to circumvent any user limits or other license, timing or use restrictions that are built into, defined or agreed upon, regarding the Software; (viii) use any of Fabulingua’s intellectual property rights protected by applicable laws and contained in or accessible through the Software for the purpose of building a competitive product or service or copying its features or user interface; (ix) use the Software to develop or enhance any (A) open source version of Software (including but not limited to any Fabulingua-labeled community edition of the Software) or (B) Derivative Works of any open source version of the Software.
For purposes of these Terms, “Derivative Works” has the meaning set forth in the Copyright Act of 1976 (17 U.S.C. §101).
4. Subscription; In-App Purchases; Payments
Subscription. If you purchase an auto-renewing periodic subscription for the Site, your Fabulingua account will be billed continuously for the subscription until you terminate it as set forth below. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically renew for an additional equivalent period. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your Fabulingua account and follow instructions to terminate or change your subscription, even if you have deleted your account.
Payments. You agree to pay all fees and applicable taxes incurred by you or anyone using a Fabulingua account registered to you. Fabulingua may revise the pricing for the goods and services offered through the Site at any time. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Site must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Site at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
Payment Processors. All financial transactions made in connection with the Site will be processed by a third party in accordance with their respective terms of use, privacy policy, or any applicable payment terms and conditions. We encourage you to learn about the practices of such third party. In no event will Fabulingua be responsible for the actions or inactions of any third party payment processor, including, but not limited to, system downtime or payment service outages.
Refund Policy. In the event that Fabulingua suspends or terminates your use of the Site or these Terms, or you close your account voluntarily, you understand and agree that you will receive no refund or exchange of any kind, including for any content or data associated with your use of the Site, or for anything else.
5. Intellectual Property
The Site and all of its contents and services (including, but not limited to, the Software and all information, code, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Fabulingua, its licensors, or other providers of such material and may be protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
No right, title, or interest in or to the Site or any contents or materials on the Site is granted or transferred to you except as expressly set forth herein, and all rights not expressly granted herein are reserved by Fabulingua. Any use of the Site not expressly permitted by these Terms constitutes a breach of these Terms and may violate copyright, trademark, and other laws.
These Terms permit you to use the Site for private use or use for internal business purposes only. Except as provided herein, and without limiting the generality of Section 3, you shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit the Site or any of the contents of the Site, except as follows:
· Your computer may temporarily store copies of such contents of the Site in RAM incidental to your accessing and viewing those contents.
· You may store files that are automatically cached by your browser for display enhancement purposes.
· You may print or download a reasonable number of pages of the Site or a reasonable amount of materials from the Site, in either case solely for private use or use for internal business purposes and not for further reproduction, publication, or distribution.
You must not:
· Modify copies of any materials from the Site.
· Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site.
If you print, copy, modify, download, publicly display or distribute, or otherwise use any contents or materials from the Site in breach of these Terms, we may immediately terminate your right to use the Site, and you must, at our option, return or destroy any and all copies of contents or materials from the Site in your possession.
Trademarks. The name Fabulingua, the name “Magical Translations,” the Fabulingua logos, and all related names, logos, product and service names, designs, and slogans are trademarks of Fabulingua or its affiliates or licensors.
You shall not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
6. Privacy and Information Practices
We value individual privacy, and we are committed to protecting individuals’ information. All information collected through the Site is subject to our Privacy Notice, available at www.fabulingua.com/privacy-policy. By accessing or using the Site, or otherwise agreeing to these Terms, you acknowledge that you have read and understand the terms of the Privacy Notice and consent to the treatment of your information in accordance with the Privacy Notice.
7. Prohibited Uses
You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:
· In any way that violates any applicable federal, state, local, or international law or regulation.
· To send, knowingly receive, upload, download, use, or re-use any material with unlawful, defamatory, threatening, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content.
· To impersonate or attempt to impersonate Fabulingua, a Fabulingua employee or representative, another user, or any other person or entity.
· To build any competitive products or services.
· To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm Fabulingua or users of the Site or expose them to liability.
Additionally, you agree not to:
· Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site.
· Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
· Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose.
· Use any device, software, or routine that interferes with the proper working of the Site.
· Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
· Create internet “links” to the Site or “frame” or “mirror” any portions of the Site in any other website or mobile site, or on any other server or wireless or internet-based device.
· Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
· Otherwise attempt to interfere with the proper working of the Site.
If we learn or reasonably suspect that you, or others under your control or direction, have used the Site in a manner prohibited herein, we may block, suspend, terminate, or withhold your access to the Site as we deem appropriate in our sole discretion.
8. Monitoring and Enforcement
We have the right to:
· Take any action with respect to any user conduct that we deem necessary or appropriate in our sole discretion, including if we believe that such user conduct violates these Terms, including those prohibited uses described herein, or that such user conduct infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for Fabulingua.
· Disclose your identity or other information about you to any third party who claims that your use of the Site violates their rights, including their intellectual property rights or their right to privacy.
· Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
· Terminate or suspend your access to all or part of the Site for any or no reason, including, without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of any users of the Site or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS FABULINGUA AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY FABULINGUA DURING, OR AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER FABULINGUA OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material from the Site. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We shall have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
9. No Warranties
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL INFORMATION PRESENTED VIA THE SITE ARE PROVIDED “AS IS” AND “WITH ALL FAULTS,” AND FABULINGUA HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY NATURE, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE SITE AND ALL INFORMATION PRESENTED VIA THE SITE, AND FABULINGUA SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, FABULINGUA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION PRESENTED VIA THE SITE; AVAILABILITY, SECURITY OR PERFORMANCE OF THE SITE; EXISTENCE OR ABSENCE OF ANY DEFECTS IN THE SITE; OR COMPATIBILITY OF THE SITE WITH ANY EQUIPMENT OR SOFTWARE
10. Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FABULINGUA OR ANY OF ITS REPRESENTATIVES BE LIABLE TO YOU OR TO ANY THIRD PARTY UNDER OR IN CONNECTION WITH THESE TERMS OR THEIR SUBJECT MATTER, UNDER ANY LEGAL THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, FOR ANY (A) CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES; (B) YOUR USE OF THE SITE OR ANY IMPAIRMENT, DELAY OR OTHER INTERRUPTION IN THE SITE OR YOUR ABILITY TO USE THE SITE; (C) LOSS OF BUSINESS, REVENUE OR PROFIT, DIMINUTION IN VALUE OR OTHER ECONOMIC LOSS; (D) HARM TO REPUTATION OR BUSINESS GOODWILL; OR
(E) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY; (F) CONTENT, ACCURACY OR COMPLETENESS, AND ANY ERRORS IN, OR OMISSIONS FROM, THE MATERIALS INCLUDED IN OR AVAILABLE THROUGH THE SITE; OR (G) CONTENT RETRIEVED FROM THE INTERNET EVEN IF RETRIEVED OR LINKED TO, FROM, OR WITHIN THE SITE, IN EACH CASE REGARDLESS OF WHETHER FABULINGUA OR ANY ITS REPRESENTATIVES WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL THE TOTAL AND AGGREGATE LIABILITY OF FABULINGUA TO YOU UNDER OR IN CONNECTION WITH THESE TERMS OR THEIR SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, EXCEED FIFTY U.S. DOLLARS ($50). ALL CLAIMS AGAINST FABULINGUA WITH RESPECT TO ANY LIABILITY RELATED TO THESE TERMS SHALL BE AGGREGATED TO DETERMINE SATISFACTION OF SUCH LIMIT, AND THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ENLARGE OR EXTEND THE FOREGOING LIMITATION. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
11. Indemnity
You shall indemnify, defend and hold harmless Fabulingua and its affiliates, and each of its and their respective officers, directors, employees, agents, successors and assigns (each, an “Indemnitee”) from and against any and all losses incurred by such Indemnitee in connection with any claim or action by a third party arising out of or relating to any: (i) content that you upload, post, email, transmit or otherwise make available via the Site; (ii) your breach of any of your representations, warranties, covenants or obligations under these Terms; or (iii) negligence or any more culpable act or omission (including recklessness or willful misconduct) by you in connection with these Terms or their subject matter.
12. Termination, Suspension, and Limitations of Access
You agree that we may, with prior written notice, terminate, suspend, or otherwise limit your access and license to the Site for cause. Cause for such termination, suspension, or other limitation of access shall include but not be limited to: (a) any material breach of these Terms or other incorporated agreements or guidelines; (b) any request by law enforcement or other government agency; (c) unexpected technical or security issues or problems; and (d) your engagement in fraudulent or illegal activities. Further, you agree that all terminations, suspensions, or other limitations of access for cause shall be made in our sole discretion, and we shall not be liable to you or any third party for any termination, suspension, or other limitation of your access to the Site. We are not responsible for any loss or damage arising out of your failure to comply with these Terms or the steps that may be required as a consequence of any actual or perceived breach or other violation of these Terms by you.
13. General
Entire Agreement. These Terms, together with any disclaimers that may appear on the Site, shall constitute the entire agreement between you and Fabulingua regarding the Site. The section headings in these Terms are for convenience only and have no legal or contractual effect.
Notices. Fabulingua may provide you with notices, by email, regular mail, or similar methods regarding the Site. For all requests and notices regarding the Site, your communication must be sent via email to support@fabulingua.com.
Choice of Law; Submission to Jurisdiction. You and Fabulingua each agree that these Terms and any dispute arising out of or relating to these Terms shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. Any legal suit, action, or proceeding arising out of or related to these Terms or the licenses granted hereunder will be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in the city of Austin and County of Travis, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. Service of process, summons, notice, or other document by mail to such party’s address set forth herein shall be effective service of process for any suit, action, or other proceeding brought in any such court.
Waiver and Severability of Terms. The failure of Fabulingua or you to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms 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 of these Terms remain in full force and effect.
