Terms and Conditions

This is uSpeak

uSpeak Limited. ("uSpeak," "we," "us," "our") provides its services (described below) to you through its website located at www.uSpeak.com (the "Site") and its mobile applications and related services (together and including any new services features and applications, the "Service(s)"), subject to the following Terms and Conditions (including any amendment, modification of or addition to the whole or part thereof). We reserve the right, in our absolute discretion, to amend or modify (in whole or in part) the whole or any part of these Terms and Conditions at any time without reference to you. It is your sole responsibility, periodically, to revisit this page to review the current Terms and Conditions applicable to you, so that you are aware of any amendment or modification which affects you. If we do this, we will post the changes to these Terms and Conditions on this page together with the date of the latest revision. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions on a continuing basis. If you do not agree to abide by these or any amended Terms and Conditions, you should not use or access (or continue to use or access) the Service.

In addition, when using certain services, you maybe subject to any additional terms and conditions which may be applicable to such services and which may be posted on the Site from time to time, including, without limitation, our Privacy Policy. Any such additional terms and conditions are deemed to be included in these Terms and Conditions (and any amendment thereof).

Accessing and using the Service

Our Service: The Service is designed to facilitate your playing learning games on mobile devices.

Registration: You will be required to register with uSpeak so that you can have access to and use of the Service1. If you register to use the Service, you hereby represent, warrant and undertake that you will provide and maintain true, accurate, up to date and complete information about you at all times. Registration data and certain other information about you is governed by our Privacy Policy. [If you are under 13 years of age, you are not authorized to use the Service, with or without registration] In addition, if you are under 18 years old, you may use the Service, with or without registration, only with the approval of your parent or guardian.

Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are solely responsible for any and all activities that occur under your password or account. You agree (a) to notify us immediately of any unauthorised use of your password or account or any other breach of security, and (b) to ensure that you exit from your account at the end of each session when accessing the Service. We will not be liable for any loss or damage arising from your failure to comply with this provision.

Modifications to Service: We reserve the right to amend, modify or cease provision of the Service (including any part thereof) temporarily or permanently, without notice to you. You agree that uSpeak willnot be liable to you or to any third party for any such amendment, modification, or cessation of the Service.

General Practices Regarding Use and Storage: You acknowledge and agree that uSpeak may establish general policies and practices in relation to use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on our servers on your behalf. You also agree that we have no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Service. You acknowledge that we reserve the right to terminate your account if it remains inactive for an extended period of time. You further acknowledge and agree that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice. The existence of any of these practises is without prejudice to your rights in respect of personal data which we may hold about you. Please see our Privacy Policy.

Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to browse the Service and the Site from a mobile device and (ii) the ability to access certain features through an application downloaded and installed on a mobile device (together the "Mobile Services"). To the extent you access the Service through a mobile device, your service provider’s standard charges, data charges and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your service provider. You should also be aware that not all Mobile Services may be compatible with all service providers or devices and you acknowledge and agree that uSpeak will have no liability to you in respect of any such lack of compatability.

Conditions of Use

Your Use of the Site and Service: You are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("content") that you upload, post, publish or display ("post") or email or otherwise transmit or use via the Service. You must not use the Service to publish or transmit any material which is illegal or offensive. The following is a non- exhaustive list of offensive, illegal or prohibited material. You agree not to use the Service :

• To publish or transmit by any means any content that is unlawful, harmful, threatening, abusive, harassing, tortious, violent, defamatory, vulgar, obscene, pornographic, invasive of another's privacy, discriminatory on the grounds of race, colour, ethnicity, sexual orientation, religious belief or is otherwise objectionable;
• To pose or create a privacy or security risk to any person;
• To infringe any intellectual property or other proprietary rights of any person;
• For the purposes of unsolicited or unauthorised advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of advertising;
• To distribute or promulgate any 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;
• In any other manner which, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose uSpeak or its users to liability of any type;
• To impersonate any person or entity, or to misrepresent (whether or not such misrepresentation is dishonest) a connection with a person or entity;
• To solicit personal information from anyone under the age of 18;
• To collect email addresses or other personal data from other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
• To advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorised in writing;
• To interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service
• To violate any applicable local, state, national or international law, or any regulations having the force of law;
• To further or promote any criminal activity or enterprise or provide instructional information about illegal activities; and
• To obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, we believe to have breached these Terms and Conditions including, without limitation, removing the offending content from the Service, suspending or terminating the account of those concerned and where appropriate or mandated by law, make such reports as we consider necessary to the regulatory authorities.

uSpeak may from time to time provide interactive services on the Site, including, without limitation:

• Chat rooms.
• Bulletin boards.

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

uSpeak will endeavour to assess any possible risks for users (and, in particular, for minors) from third parties when they use any interactive service provided on our site and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, uSpeak is under no obligation to oversee, monitor or moderate any interactive service it provides on the Site, and expressly excludes its liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the Service is moderated or not.

The use of any of our interactive services by a person under the age of 18 is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where uSpeak moderates an interactive service, it will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Fees: You acknowledge that uSpeak reserves the right to charge for any portion of the Service and to change its fees (if any) from time to time in its discretion. You agree to pay all fees when due in accordance with the provisions set out on the Site.

Commercial Use: Save to the extent expressly agreed in writing with uSpeak, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is strictly for your personal use and enjoyment and may not be used for commercial purposes, save as referred to above.

Intellectual Property Rights: You acknowledge and agree that the Service may contain content ("Service Content") that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. All such rights are reserved. The technology and software underlying the Service or distributed in connection with it is the property of uSpeak (the "Software"). We are the owner or the licensee of all other intellectual property rights in the Site and in the material published on it, including the uSpeak name, logos service marks and trademarks. Nothing in these Terms and Conditions is or should be deemed to be the granting of a licence or permission to use any intellectual property belonging to uSpeak. You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on the Site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on the Site must always be acknowledged. If you print off, copy or download any part of the Site in breach of these terms of use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. The foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. Any use of the Site or the Service Content other than as specifically authorised herein is strictly prohibited

Third Party Material: Under no circumstances will uSpeak be liable in any way for any content posted by third parties, or at the direction of users, including, but not limited to, for any errors or omissions in 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 transmitted via the Service. You acknowledge and agree that you understand uSpeak does not pre-screen content, but that both we and our agents shall have the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service. You agree that you must evaluate and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

User Content Posted on the Site: Whenever you make use of a feature that allows you to upload material to the Site, or to make contact with other users of the Site, you must comply with the content standards set out in these Terms and Conditions You warrant that any such contribution does comply with those standards, and you indemnify uSpeak for any breach of that warranty. Any material you upload to the Site (“User Content”) will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site. We have the right to remove any material or posting you make on the Siite if, in our opinion, such material does not comply with the content standards set out in these Terms and Conditions.

Linking to our Site: You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in in these Terms and Conditions.

If you wish to make any use of material on our site other than that set out above, please address your request to info@uspeaklanguages.com.

Links from our Site: Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Limitation of Liability

Commentary and other materials posted on the Site are not intended to amount to advice on which reliance should be placed. We, therefore, disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents. The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it, including loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

Termination

You agree that uSpeak, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if we believe that you have breached or acted inconsistently with these Terms and Conditions. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be reported to the appropriate authorities. We may also in our sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms and Conditions may be undertaken without prior notice and further acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that any such action shall be without liability to you.

General

These Terms and Conditions constitute the entire agreement between you and uSpeak and govern your use of the Service and the Site, superseding all prior agreements (written or oral) between you and uSpeak with respect to the Service and the Site. You also may be subject to additional terms and conditions that may apply when you use third-party services, third-party content or third-party software. These Terms and Conditions shall be governed by the laws of England and Wales. The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these Terms and Conditions in your country of residence or any other relevant country. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, you nevertheless agree that these Terms and Conditions shall remain binding upon you with such modifications as the court shall decide; the invalidity of one provision shall not affect the enforceability of any other provision. Any claim or cause of action arising out of or related to use of the Service, the Site or these Terms and Conditions must be notified to us within six months of the date you first become aware of the existence of such claim and proceedings in respect thereof must have been served on us no later than one year from such date. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial proceedings based upon or relating to either of them to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The Headings in these Terms and Conditions are for convenience only and have no legal or contractual effect. Notices to you may be made by electronic means as well as by conventional letter or facsimile. The Service may also provide notices to you of changes to these Terms and Conditions or other matters by displaying notices or links on the Site to notices generally on the Service.

Your Privacy

We respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.

Contact us

If you have any concerns about material which appears on the Site or about any provision contained in these Terms and Conditions, please contact info@uspeaklanguages.com.