ACCEPTANCE OF TERMS

Lingoly Inc ("LINGOLY"), through its website, https://www.lingoly.com (this, including all sub-domains and related domains, is the “Site”) is an online translator store-front provider (the foregoing, along with any and all associated services, referred to hereafter as the "Service") subject to the following Terms of Use ("TOU"). By using the Service in any way, you are agreeing to comply with the TOU. In addition, when using particular LINGOLY services, you agree to abide by any applicable posted guidelines for all LINGOLY services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with LINGOLY in any way, your only recourse is to immediately discontinue use of the Site. LINGOLY has the right, but is not obligated, to strictly enforce the TOU through self-help, community moderation, active investigation, litigation, and prosecution.

LINGOLY enables users to create their own websites (“User Sites”) utilizing LINGOLY’s technology platform (the “LINGOLY Platform“). A user who creates, manages and/or operates one or more User Sites is a “Site Creator” and is additionally subject to LINGOLY’s Site Creator Terms. LINGOLY is not involved in the management of User Sites and is not involved in any decisions relating to User Sites.

THE TOU GOVERN YOUR USE OF THE SITE ON THE INTERNET, THE WORLD WIDE WEB, MOBILE NETWORKS, OR ANY OTHER COMMUNICATION METHODS NOW KNOWN OR IN THE FUTURE DEVELOPED. THE TOU ARE A BINDING, LEGAL CONTRACT BETWEEN YOU, AN INDIVIDUAL USER AND LINGOLY. THE TERMS SHALL GOVERN YOUR ACCESS TO, AND USE OF, THE SITE. THE TERMS SHALL FURTHER GOVERN YOUR USE OF THE SERVICE AVAILABLE THROUGH THE SITE.

IF YOU ARE UNDER THE AGE OF 18, YOUR PARENT OR GUARDIAN MUST ENTER INTO THIS AGREEMENT AND ACCEPT THE TERMS ON YOUR BEHALF. IF YOU OR YOUR PARENT OR GAURDIAN DOES NOT AGREE WITH ANY OF THESE TERMS, LEAVE THE SITE IMMEDIATELY AND DO NOT ACCESS OR OTHERWISE USE THE SITE OR ANY INFORMATION CONTAINED ON THE SITE.

YOUR USE OF THE SITE SHALL BE DEEMED YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. IF YOU ARE UNDER THE AGE OF 18 YOU AFFIRM BY YOUR CONTINUED OR FUTURE USE THAT YOUR PARENT OR LEGAL GUARDIAN HAS FIRST AGREED TO THESE TERMS ON YOUR BEHALF.

LINGOLY reserves all rights not expressly granted in these TOU.

MODIFICATIONS TO THIS AGREEMENT

LINGOLY reserves the right, at its sole discretion, to change, modify or otherwise alter the TOU and other conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TOU at:

https://www.lingoly.com/terms

PROHIBITED USERS

The Site is not available to persons under the age of 13, or to any users previously suspended or removed from the Site by LINGOLY. BY USING THE SITE, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE. The content on the Site is available for personal, noncommercial use for end users only.

COMMERCIAL USE POLICY: Commercial Users (for the purpose of this Agreement, “Commercial User” refers to any user who uses the service on behalf of a business, organization, or other entity, or for nonpersonal or commercial use) must accept LINGOLY’s Commercial Use Policy. Continued use of the Site or the Service by a Commercial User shall constitute acceptance of the Commercial Use Policy, set out in full here: You agree to indemnify and hold LINGOLY, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by you or by any third party due to or arising out of your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, and/or your violation of any rights of another. You specifically agree to indemnify and hold LINGOLY, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand arising out of any event or other gathering which was organized, advertised, promoted, discussed, or otherwise connected to the Site.

UNDER NO CIRCUMSTANCES SHALL LINGOLY BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF LINGOLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE OR THE SERVICE, OR RESULTING FROM ANY EVENT OR OTHER GATHERING CONNECTED TO THE SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR THE SERVICE, FROM INABILITY TO USE THE LINGOLY SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR THE SERVICE OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR THE SERVICE OR ANY LINKS ON THE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

LINGOLY reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Site, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding unauthorized use.

CONTENT

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that LINGOLY does not control, and is not responsible for, Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Site and Content available through the Service may contain links to other websites, which are completely independent of LINGOLY. LINGOLY makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will LINGOLY be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that LINGOLY does not promise to pre-screen or approve Content, but that LINGOLY shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.

PARENTAL CONTROLS: We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the Internet by using search engines to search for "parental control protection," for example.

LICENSE TO UPLOAD AT YOUR OWN RISK: Subject to your compliance with the TOU, LINGOLY hereby grants to you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the Site for the uploading, submitting, posting, distributing or otherwise making available Content. Content is uploaded at your own risk. Notwithstanding any obligations hereunder of LINGOLY to protect Content with security measures, LINGOLY cannot guarantee that there will be no unauthorized copying or distribution of Content nor will LINGOLY be liable for any copying or usage of Content not authorized by LINGOLY.

LICENSE TO USE YOUR CONTENT: By uploading, making available for upload, distributing or disseminating Content through the Site, you hereby grant to each user that is authorized to access your Content a non-exclusive license to access and use your Content under the terms indicated by you when you uploaded or made available for uploading such Content. Notwithstanding the foregoing, you hereby grant to each user that is authorized to access your Content at least a limited, non-exclusive, license to view, download, reproduce, and store such Content in the manner contemplated by the TOU and the Site. Further, unless you clearly state otherwise, you grant a license to users to modify, edit, reproduce, alter and use your Content for personal use or for business use. The foregoing license granted by you terminates as to a specific piece of Content once you remove or delete such Content from the Site provided, however, that user rights to such Content arising out of distributions occurring on or prior to deletion of such Content from the Site survive any termination or expiration of the license granted in this section. In other words, once another user has downloaded your Content, no one can stop that user from possessing, displaying or otherwise using your Content. Further, such Content might remain available by search engines or internet services, for example, that might have cached or archived such Content.

WARRANTIES: You are solely responsible for your Content and the consequences of posting or publishing it. By uploading and publishing Content, You affirm, represent, and warrant that:

(1) You are the creator and owner of or have all the necessary licenses, rights, consents, releases and permissions to use and to authorize LINGOLY and LINGOLY's users to use your Content as necessary to exercise the licenses granted by you in this section and in the manner contemplated by LINGOLY and the Terms;

(2) Your Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, or libel any other person; and

(3) Your Content does not contain any viruses, adware, spyware, worms, trojans, or other malicious code.

COPYRIGHT INFRINGMENT: LINGOLY does not permit copyright infringing activities on the Site.

THIRD PARTY CONTENT, SITES, AND SERVICES

The Site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of LINGOLY, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, attendance at outside events, and off-Site communications, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties.

You agree that LINGOLY shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that LINGOLY is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release LINGOLY, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify LINGOLY's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at

dmca(at-lingoly.com)lingoly.com

or:

Physical Address
CDMA Agent
8609 Nada St

Please provide LINGOLY with the following Notice:

a) Identify the material on the LINGOLY site that you claim is infringing, with enough detail so that we may locate it on the website;

b) Include a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

d) Your address, telephone number, and email address; and

e) Your physical or electronic signature.

LINGOLY will remove the infringing posting(s), subject to the procedures outlined in the Digital Millenium Copyright Act (DMCA).

PRIVACY AND INFORMATION DISCLOSURE

LINGOLY has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address:

https://www.lingoly.com/privacy

Your use of the Site or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that LINGOLY may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOU; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of LINGOLY, its users or the general public.

PAYMENT

LINGOLY has established a Purchase and Sale Policy. The Purchase and Sale Policy is located at the following web address:

https://www.lingoly.com/purchase

Your use of the LINGOLY website or the Service signifies acknowledgement of and agreement to the LINGOLY Purchase and Sale Policy.

CONDUCT

You agree not to post, email, or otherwise make available Content:

a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;

b) that is pornographic or depicts a human being engaged in actual sexual conduct;

c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

d) that violates any law prohibiting discrimination;

e) that impersonates any person or entity, including, but not limited to, a LINGOLY employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);

f) that includes personal or identifying information about another person without that person's explicit consent;

g) that is false, deceptive, misleading, deceitful, or misinformative;

h) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

i) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;

j) that constitutes or contains any form of advertising or solicitation if: posted in areas of the LINGOLY sites which are not designated for such purposes; or emailed to LINGOLY users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.

k) that includes links to commercial services or web sites, except as specifically allowed by LINGOLY;

l) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by California law.

m) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

o) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or

p) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

Additionally, you agree not to:

q) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;

r) "stalk" or otherwise harass anyone;

s) collect personal data about other users for commercial or unlawful purposes;

t) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by LINGOLY;

u) post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;

v) post the same item or service in more than one classified category or forum, or in more than one metropolitan area;

w) attempt to gain unauthorized access to LINGOLY's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the LINGOLY website;

x) use any form of automated device or computer program that enables the submission of postings on LINGOLY without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals; or

y) use any form of automated device or computer program ("flagging tool") that enables the use of LINGOLY's "flagging system" or other community moderation systems without each flag being manually entered by the person that initiates the flag (an "automated flagging device"), or use the flagging tool to remove posts of competitors, or to remove posts without a good faith belief that the post being flagged violates these TOU;

The preceding list of prohibitions provides examples and is not complete or exclusive. LINGOLY reserves the right to (a) terminate your access to your account, your ability to post to the Site (or the Services) and (b) refuse, delete or remove any Content; with or without cause and with or without notice, for any reason or no reason, or for any action that LINGOLY determines is inappropriate or disruptive to the Site or to any other user of the Site and/or Services. LINGOLY may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at LINGOLY’s discretion, LINGOLY will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Site or on the Internet.

These prohibitions do not require LINGOLY to monitor, police or remove any Content or other information submitted by you or any other user.

PASSWORDS

You may be required to register to log into the Site. As part of the registration process, you may be asked to select a username and password. LINGOLY may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by LINGOLY in its sole discretion. You are responsible for maintaining the confidentiality of your password and account, and agree to notify LINGOLY if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for all activities that occur under your registered account. You agree to immediately notify LINGOLY of any unauthorized use of your account or any other breach of security in relation to this Site known to you. If you have reason to believe that your account is no longer secure, you agree to immediately notify LINGOLY. You may be liable for the claims against or losses incurred by LINGOLY or others due to any unauthorized use of your account.

NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to LINGOLY email addresses or through LINGOLY computer systems, which is expressly prohibited by the TOU, will use or cause to be used servers located in California. Any unauthorized use of LINGOLY computer systems is a violation of the TOU and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.

LIMITATIONS ON SERVICE

You acknowledge that LINGOLY may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that LINGOLY has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that LINGOLY reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that LINGOLY shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

TERMINATION OF SERVICE

You agree that LINGOLY, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if LINGOLY believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that LINGOLY shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.

PROPRIETARY RIGHTS

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Site or the collective work, and/or copying or reproducing the Site or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of LINGOLY. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of LINGOLY, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. Give a Shout, Give a Shout, Inc., Lingoly, Lingoly.com, and related marks, are all trademarks, servicemarks, and/or copyrights of Give a Shout, Inc. Although LINGOLY does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant to LINGOLY an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant LINGOLY all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE LINGOLY SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, LINGOLY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE LINGOLY SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, LINGOLY DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE LINGOLY SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE LINGOLY SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, LINGOLY DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE LINGOLY SITE OR THE SERVICE.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL LINGOLY BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF LINGOLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE OR THE SERVICE, OR RESULTING FROM ANY EVENT OR OTHER GATHERING CONNECTED TO THE SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR THE SERVICE, FROM INABILITY TO USE THE LINGOLY SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR THE SERVICE OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR THE SERVICE OR ANY LINKS ON THE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

INDEMNITY

You agree to indemnify and hold LINGOLY, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by you or by any third party due to or arising out of your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, and/or your violation of any rights of another. You specifically agree to indemnify and hold LINGOLY, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand arising out of any event or other gathering which was organized, advertised, promoted, discussed, or otherwise connected to the Site.

GENERAL INFORMATION

The TOU, incorporating the LINGOLY Privacy Policy, DMCA guidelines, and Purchase and Sale Policy, constitute the entire agreement between you and LINGOLY and govern your use of the Service, superceding any prior agreements between you and LINGOLY. The TOU and the relationship between you and LINGOLY shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and LINGOLY agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California. The failure of LINGOLY to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU 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 the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

VIOLATION OF TERMS

Please report any violations of the TOU, by emailing to:

team@lingoly.com

LINGOLY’s failure to act with respect to a breach by you or others does not waive LINGOLY’s right to act with respect to subsequent or similar breaches.

In the event that you breach the TOU or other LINGOLY term or condition, you agree to pay LINGOLY's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, LINGOLY retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.