InstruNOTE TERMS AND CONDITIONS
This document was created using a Contractology template available at http://www.freenetlaw.com.
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
You can contact InstruNOTE by email to support@InstruNOTE.com.
(Updated December 2, 2014)