InstruNOTE TERMS AND CONDITIONS
Credit
This document was created using a Contractology
template available at http://www.freenetlaw.com.
Introduction
These terms and conditions govern your use of this website;
by using this website, you accept these terms and conditions in full. If you disagree with these terms and
conditions or any part of these terms and conditions, you must not use this
website.
This website uses cookies. By using this website and agreeing to these
terms and conditions, you consent to our InstruNOTE's
use of cookies in accordance with the terms of InstruNOTE's
privacy policy.
For the purposes of this legal document, the term
“website” refers to the InstruNOTE website as well as
applications and other products carrying InstruNOTE’s
name or affiliation, regardless of where they are found.
License to use website
Unless otherwise stated, InstruNOTE
and/or its licensors own the intellectual property rights in the website and
material on the website. Subject to the
license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and
print pages from the website for your own personal use, subject to the
restrictions set out below and elsewhere in these terms and conditions.
You must not:
Acceptable use
You must not use this website in any way that causes,
or may cause, damage to the website or impairment of the availability or
accessibility of the website; or in any way which is unlawful, illegal,
fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent
or harmful purpose or activity.
You must not use this website to copy, store, host,
transmit, send, use, publish or distribute any material which consists of (or
is linked to) any spyware, computer virus, Trojan horse, worm, keystroke
logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data
collection activities (including without limitation scraping, data mining, data
extraction and data harvesting) on or in relation to this website without InstruNOTE’s express written consent.
You must not use this website to transmit or send
unsolicited commercial communications.
You must not use this website for any purposes related
to marketing without InstruNOTE’s express written
consent.
Applications
The Site offers features and services that are
available to you via your mobile device, which features and services may
include, without limitation, (i) applications
featuring language learning modules, tutorials, educational games, and any and
all content, information, data, designs, code, and materials associated with
the application and all derivative works of the foregoing (“Application
Content”); and (ii) any files that are delivered to you by InstruNOTE
(via online transmission, through a third party distributor, or otherwise) to
patch, update, or otherwise modify the application (collectively, the
"Applications"). The Applications are the copyrighted works of InstruNOTE and contain trademarks, service marks, trade
names, and/or other intellectual property of InstruNOTE.
InstruNOTE reserves the right to change online or web-based
features of any Application at any time without notice or explanation.
If you are accessing an Application via Apple Inc.'s
("Apple") App Store, You acknowledge that Apple is not a party to and
has not agreed to these Terms and that Apple is not a sponsor of, affiliated
with and does not otherwise endorse any Application.
If you are accessing an Application via Google Inc.'s
Google Play Store, You acknowledge that Google is not a party to and has not
agreed to these Terms and that Google is not a sponsor of, affiliated with and
does not otherwise endorse any Application.
We may charge for an Application and these charges will
be disclosed prior to completion of download of the Application. By downloading
and/or installing a paid Application, You agree to pay the purchase fee. InstruNOTE may change pricing for the Application or
Application Content. We do not provide
price protection or refunds due to price reductions, promotional pricing, or
any other changes to pricing for any reason. Also, standard messaging, data and
other fees may be charged by your carrier. Fees and charges will appear on your
mobile bill or be deducted from Your pre-paid balance.
Your carrier may prohibit or restrict certain Applications and certain
Applications may be incompatible with your carrier or mobile device. Contact your
carrier with questions regarding these issues.
Restricted access
Access to certain areas of this website is
restricted. InstruNOTE
reserves the right to restrict access to other areas of this website, or indeed
this entire website, at InstruNOTE’s discretion.
If InstruNOTE provides you
with a user ID and password to enable you to access restricted areas of this
website or other content or services, you must ensure that the user ID and
password are kept confidential.
InstruNOTE may disable your user ID and password in InstruNOTE’s sole discretion without notice or explanation.
User content
In these terms and conditions, “your user content”
means material (including without limitation text, images, audio material,
video material and audio-visual material) that you submit to this website, for
whatever purpose.
Your user content must not be illegal or unlawful, must
not infringe any third party's legal rights, and must not be capable of giving
rise to legal action whether against you or InstruNOTE
or a third party (in each case under any applicable law).
You must not submit any user content to the website
that is or has ever been the subject of any threatened or actual legal
proceedings or other similar complaint.
InstruNOTE reserves the right to edit or remove any material
submitted to this website, or stored on InstruNOTE’s
servers, or hosted or published upon this website.
Notwithstanding InstruNOTE’s
rights under these terms and conditions in relation to user content, InstruNOTE does not undertake to monitor the submission of
such content to, or the publication of such content on, this website.
No warranties
This website is provided “as is” without any
representations or warranties, express or implied. InstruNOTE makes no
representations or warranties in relation to this website or the information
and materials provided on this website.
Without prejudice to the generality of the foregoing
paragraph, InstruNOTE does not warrant that:
l this website will be constantly available,
or available at all; or
l the information on this website is complete,
true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to
constitute, advice of any kind.
Limitations of liability
InstruNOTE will not be liable to you (whether under the law of
contact, the law of torts or otherwise) in relation to the contents of, or use
of, or otherwise in connection with, this website:
l to the extent that the website is provided
free-of-charge, for any direct loss;
l for any indirect, special or consequential
loss; or
l for any business losses, loss of revenue,
income, profits or anticipated savings, loss of contracts or business
relationships, loss of reputation or goodwill, or loss or corruption of
information or data.
These limitations of liability apply even if InstruNOTE has been expressly advised of the potential
loss.
Exceptions
Nothing in this website disclaimer will exclude or
limit any warranty implied by law that it would be unlawful to exclude or
limit; and nothing in this website disclaimer will exclude or limit InstruNOTE’s liability in respect of any:
l death or personal injury caused by InstruNOTE’s negligence;
l fraud or fraudulent misrepresentation on the
part of InstruNOTE; or
l matter which it would be illegal or unlawful for InstruNOTE to exclude or limit, or to attempt or purport to
exclude or limit, its liability.
Reasonableness
By using this website, you agree that the exclusions
and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not
use this website.
Other parties
You agree that the limitations of warranties and
liability set out in this website disclaimer will protect InstruNOTE’s
officers, employees, agents, subsidiaries, successors, assigns and
sub-contractors as well as InstruNOTE.
Unenforceable provisions
If any provision of this website disclaimer is, or is
found to be, unenforceable under applicable law, that will not affect the
enforceability of the other provisions of this website disclaimer.
Indemnity
You hereby indemnify InstruNOTE
and undertake to keep InstruNOTE indemnified against
any losses, damages, costs, liabilities and expenses (including without
limitation legal expenses and any amounts paid by InstruNOTE
to a third party in settlement of a claim or dispute on the advice of InstruNOTE’s legal advisers) incurred or suffered by InstruNOTE arising out of any breach by you of any
provision of these terms and conditions, or arising out of any claim that you
have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to InstruNOTE’s
other rights under these terms and conditions, if you breach these terms and
conditions in any way, InstruNOTE may take such
action as InstruNOTE deems appropriate to deal with
the breach, including suspending your access to the website, prohibiting you
from accessing the website, blocking computers using your IP address from
accessing the website, contacting your internet service provider to request
that they block your access to the website and/or bringing court proceedings
against you.
Variation
InstruNOTE may revise these terms and conditions from
time-to-time. Revised terms and
conditions will apply to the use of this website from the date of the
publication of the revised terms and conditions on this website. Please check this page regularly to ensure
you are familiar with the current version.
Assignment
InstruNOTE may transfer, sub-contract or otherwise deal with InstruNOTE’s rights and/or obligations under these terms
and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal
with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is
determined by any court or other competent authority to be unlawful and/or
unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision
would be lawful or enforceable if part of it were deleted, that part will be
deemed to be deleted, and the rest of the provision will continue in effect.
Entire agreement
These terms and conditions constitute the entire
agreement between you and InstruNOTE in relation to
your use of this website, and supersede all previous agreements in respect of
your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and
construed in accordance with the laws of New York, and any disputes relating to
these terms and conditions will be subject to the exclusive jurisdiction of the
courts of New York.
InstruNOTE’s details
You can contact InstruNOTE by
email to support@InstruNOTE.com.
(Updated December 2, 2014)