Terms of Use

Overview

These are the Terms of Use for WordSwing. The official copy is at https://wordswing.com/terms. They specify your obligations when using the WordSwing website and related services.

Acknowledgement and Acceptance of Terms of Use

The WordSwing website and related services (collectively “the Service”) is operated by WordSwing LLC (“WordSwing”, “we”, or “us”). Access and use of the Service is subject to these Terms of Use (“Agreement”). Accessing or using any part of the Service constitutes an agreement that you have read or otherwise perceived, and understand these Terms of Use, and agree to be legally bound by them. WordSwing may amend these Terms of Use at any point. WordSwing will post a notice on the WordSwing website indicating that the Terms of Use have been updated, and your continued use of the service will represent your acceptance and agreement to the modified terms. It is your sole responsibility to watch for such changes to the Terms of Use and read and understand the updated version. The new Terms of Use become effective upon your continued use of the service after they have been updated and the notice posted.

If you do not agree to be bound by these Terms of Use, you are not permitted to access, use, or otherwise participate in any part of the Service.

Description of Services

The Service helps students learn natural (i.e., foreign) languages by providing them with activities that are selected based on our estimate of their present knowledge of the language. This way we hope the learning experience will be maximally effective. The Service involves collecting data on your study interactions in the language so we can estimate a high-resolution map of your knowledge of the language. We also run randomized, controlled experiments to measure the effectiveness of our study material, the structure of activities, and the algorithms we use to direct student learning.

Registration Eligibility and Requirements

By registering to use the Service you agree that you will provide accurate and complete registration information, keep this information up to date, and keep your password and access to your account (including access through third-party authentication providers, such as Twitter) private and secure. By accepting these Terms of Use you also agree to take full responsibility for all actions take through your account whether or not those are your actions.

Minors under the age of 13 years of age are not eligible to access the Service and should not register or otherwise provide any personal information to the Service.

Subscription through Apple App Store

If you subscribe to WordSwing's premium services through the Apple App Store, your subscription will automatically renew at the original price each month until you cancel it. You are free to cancel your subscription at any time, though you must do so at least 24 hours before the end of the current period for it to take effect that month. Each renewal will charge your iTunes Account within the 24 hours prior to the end of the current period. After purchase, you can manage your subscription or turn off auto-renew through your App Store Account Settings.

Your representations and warranties

You represent and warrant to WordSwing that your use of the Service will be in compliance with these Terms of Use and all applicable laws and regulations of the United States and all other relevant jurisdictions to which you may be subject.

Conduct and Inappropriate Use

You are solely responsible for the content and substance of all communications through the Service, which includes all information or data uploaded to or otherwise posted to or displayed using the Service. These communications include text messages, blog posts, comments, audio and sounds, images, videos, and any any other data. Your communications may not under any circumstance be:

WordSwing reserves the right to remove any content, communications or data that it determines, according to its sole judgement, is objectionable or in violation of these Terms of Use for any reason and without warning or explanation.

WordSwing Proprietary Rights

By accepting these Terms of Use, you acknowledge and agree that all learning material and other content that is available through the Service, including text, images, audio, video, information, designs, cartoons, software, data, other files, and their organization (collectively “Content”), is the proprietary property of WordSwing or its licensors, and is protected by copyrights, trademarks, service marks, patents or other proprietary rights. No Content may be copied, distributed, modified, reproduced, downloaded, displayed, posted, transmitted, republished, or sold in any form or by any means, except what is explicitly permitted in these Terms of Use.

A critical part of the Service is collecting data regarding student study behavior and interactions in the language, user-generated content that is produced in the course of learning activities, including recording speech, text, responses, study activity interactions, definitions and other information requested about words and phrases, and much more. All information and data collected by WordSwing regarding student knowledge and learning interactions, including user-generated content and all estimates and computed quantities derived from these data (collectively “Interaction Data”), is exclusively the proprietary property of WordSwing, and you cannot use or access these data for any purpose other than in the course of using the Service as permitted by these Terms of Use. By using the Service, you assign any and all rights, title, interest, property rights, and proprietary rights in the Interaction Data to WordSwing. All rights of WordSwing that are not expressly granted in these Terms of Use are reserved to WordSwing.

You understand and agree that any feedback including questions, comments, ideas, suggestions, and other information about the the Service, provided to WordSwing by you are non-confidential, shall become the sole property of WordSwing, and WordSwing shall own exclusive rights, including all intellectual property rights and the right to use the feedback for any purpose, commercial or noncommercial, without acknowledgment or compensation to you.

Warranties Disclaimer

The Service, including all learning material, images, audio and video files, and all other content therein is provided “as is”. WordSwing and its suppliers hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither WordSwing makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand and agree that we have no control over any third party networks, hardware, or other systems that you use to access the Service.

Limitations of Liability

In no event will WordSwing, or its suppliers, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to WordSwing under this Agreement during the twelve month period prior to the cause of action. WordSwing shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Indemnification

You agree to defend, indemnify, and hold WordSwing and its employees, officers, directors, contractors, and other affiliates harmless from any and all liabilities, claims, losses, obligations, damages, and attorneys’ fees resulting from the use or misuse of the Service or any violation of these Terms of Use.

Termination

WordSwing may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your WordSwing account (if you have one), you may simply discontinue using the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Governing Law and Arbitration

These Terms of Use, its subject matter and the rights it affords WordSwing and you shall be governed by the laws of the State of Delaware, the United States of America, excluding the conflict of law provisions. Any dispute arising under these Terms of Use shall be resolved by binding arbitration. The arbitration shall take place in the State of Delaware or another location mutually agreeable to the parties. The Arbitrations shall be in the English language and the decision may be enforced in any court. Unless otherwise expressly required by applicable law, each party shall pay its own attorneys fees without regard to which party is the prevailing party.

International Use

Although the Service may be accessible worldwide, WordSwing makes no representation that material accessible through the Service is appropriate for use outside the United States. Accessing the Service from territories where its content is illegal is prohibited. Anyone accessing the Service from outside the US is responsible for compliance with local laws.

Agreement Scope and Future Modifications

These Terms of Use constitutes the entire agreement between WordSwing and you concerning the subject matter hereof. If any part of these Terms of Use is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. These Terms of Use may be modified at any time by WordSwing by posting a new version on the WordSwing website. The new version automatically comes into effect seven days after the updated Terms of Use has been posted or when you next use the Service, whichever is sooner. It is your sole responsibility to check updated versions of this Agreement. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes.

Last modified: 12 February 2013

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