ALTHOUGH THE SERVICES INCLUDE PROVIDING ACCESS TO CONTENT SUBMITTED BY OTHER USERS OF THE WEBSITE, WE ARE SOLELY A LICENSEE AND ARE NOT THE AUTHOR OF USER-SUBMITTED CONTENT.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at firstname.lastname@example.org.
Account Registration. As a condition of your use of certain Services, you may be required to register an account with us and must provide true and accurate account information at all times (including, without limitation, ensuring that your account information remains current at all times.)
Account Security: As part of the registration process, you will be instructed to choose a username and password. The selected username and password may only be used by you. You are solely responsible for maintaining and protecting the confidentiality of your username and password, and are fully responsible for all activities that occur thereunder. We reserve the right to reclaim user names on behalf of businesses or individuals that hold legal claim or trademark on those usernames. Accounts using business names and/or logos to mislead others will be permanently suspended.
Use of the Website/Services by All Users
Any use of Content made available to users of the Services for free shall be subject to the terms listed with the Content. Any use of Content made available to users of the Services for a fee, or as part of a subscription, shall be subject to the terms of Section 6 hereof.
- Transmitting material that infringes or violates the intellectual property or contractual rights of others or the privacy or publicity rights of others.
- Transmitting content that is unlawful, obscene, defamatory, predatory of minors, threatening, harassing, abusive, slanderous, or hateful to any person or entity as determined by us in our sole discretion.
- Using the Website or Service in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others.
- Collecting information about others, including e-mail addresses.
- Interfering with or damaging the Website or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology.
- Posting any materials or otherwise engaging in conduct at the Website in violation of any applicable local, state, national, or international law or regulation.
- Using the Website or Services for any competitive purpose whatsoever without our express, written permission.
- Using any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Website or Services or any portion thereof, without our express, written consent.
- Taking any action with respect to the Website or Services which we deem to be (in our sole and absolute discretion) inappropriate for, damaging to, or not in the best interest of, the Web Site, any of the Services or the best interests of our business operations.
- Assisting any other party in doing or engaging in any of the foregoing conduct.
DISCLAIMER: THE WEBSITE (AND ITS CONTENTS) AND SERVICES ARE PROVIDED AS IS, WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND SERVICES AND ANY THIRD PARTY WEB SITES YOU MAY ACCESS FROM THE WEBSITE OR SERVICES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OF ANY KIND. ANY REFERENCES TO SPECIFIC THIRD PARTY PRODUCTS OR SERVICES ON THE WEBSITE DO NOT CONSTITUTE OR IMPLY A RECOMMENDATION OR ENDORSEMENT BY US, UNLESS EXPLICITLY STATED OTHERWISE.
The Website Is Solely as a Venue for User/Third Party Content. We do not guarantee the accuracy, integrity, quality or appropriateness of any content transmitted to or through the Website or Services. The Website simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of content users and third party providers. You understand that all content posted on, transmitted through or linked through the Website and Services, are the sole responsibility of the person or party from whom such content originated. You acknowledge that we do not own or control, and are not responsible for any claims, representation or warranties within the content made available through the Website or Services, and that by using the Services, you may be exposed to content that is inaccurate, misleading, or offensive. You agree that you must bear all risks associated with the use of the Website and Services and any content accessible therefrom.
Third Party Content and Websites. The Website and Services (and any portions or content thereof) may contain features and functionalities that may link to, or access the API of, other websites and content offered by third parties which may be of interest to you. We are providing these links and/or access to you only as a convenience, and the inclusion of any link or access does not imply endorsement by us of the linked or accessed website and/or the content and materials found at the linked or accessed website, except as specifically stated otherwise by us. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature. We do not accept responsibility for those sites. Accessing any links from the Website to gain access to other websites is at your own risk. The Noun Project has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, we will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Your Content. You are responsible for all content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
Third Party Advertising at the Website. In consideration for our granting you access to and use of the Website and Services, you agree that we and our third party providers and partners may place such advertising on the Website or in connection with the display of content or information from the Website or Services whether submitted by you or others. We are not be responsible or liable for any loss or damage of any sort incurred as the result of any such advertising displays while you navigate or use the Website or Services. If there is a dispute arises between you and any third party advertiser relative to interactions or transactions involving the Website or Services, you understand and agree that we bear no liability in connection therewith.
Third Party Disputes. If there is a dispute between participants on this site, or between users and any third party, you agree that The Noun Project is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release The Noun Project, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do 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."
Specific Terms Governing Users Submitting Content to the Lingo Marketplace:
The Website and Services may offer users the ability to submit Content for display or otherwise publication through the Services. Any submission of Content to the Lingo Marketplace or the Website by users shall be governed by the terms of a separate License Agreement between such user and The Noun Project (the “License Agreement”). The License Agreement sets forth, among other things, our license rights with respect to any Content submitted by you, and your rights to payment for any Content you make available for a fee. In addition to the terms set forth in the License Agreement, any user that submits Content to the Lingo Marketplace shall be subject to the following terms and conditions:
By submitting Content to the Lingo Marketplace, you represent and warrant that you:
- are at least eighteen (18) years of age;
- are the author and owner of the intellectual property rights thereto or that you have obtained the necessary waiver of any moral rights owned by any third party in any intellectual property;
- will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with us, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
- will not use the Website or Services in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
- will not send unsolicited email advertisements to any other users of the Website or Services via any contact made through the Website or Services.
By submitting Content to the Lingo Marketplace, you represent and warrant that your Content:
- constitutes your own work and you own all copyright or other intellectual property rights in and for such Content;
- will be accurate and based on facts and research referenced within your personal knowledge;
- does not contain threats to incite violence, does not violate the privacy or publicity rights of any third party, is legal to distribute and is not defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
- is not authored or displayed in a manner that misleads readers and subscribers into thinking you are a different person or company;
- does not contain or install any malware, viruses, worms, Trojan horses, or any other destructive content;
- is not spam or automatically generated, and that it does not content unethical content designed to direct traffic to third party sites; and
- will not express or imply any endorsement by us (or any of our websites or mobile applications) of any views or opinions expressed therein.
No Employment Relationship
We are not an employment service and do not serve as an employer of any user (regardless of the volume of Content submissions to the Website). We shall not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with your use of the Website or Services. You understand and agree that, if we are found to be liable for any tax or withholding tax in connection with your use of the Website or Services, then you will immediately reimburse and pay to us an equivalent amount, including any interest or penalties thereon.
No Agency Relationship
You are solely responsible for complying with all applicable tax laws and regulations related to your use of the Website and Services. Without limiting the foregoing, each user who receives any compensation from us relative to any content submission(s) is solely responsible for determining any applicable local indirect taxes and for including such taxes or obligations related to such taxes in content submissions. We are not responsible for any taxes related to your use of the Website or Services.
Specific Terms for Buyers of Content. Certain Content is not available for free via the Services and is only available to users who have purchased such Content through the Lingo Marketplace or the Website (such users, “Buyers”). Buyers are subject to the following additional restrictions regarding Content purchased from the Lingo Marketplace or the Website:
- Each time a Buyer purchases Content from the Lingo Marketplace or the Website, such Content may only be used for a single commercial project.
- Any paid Content cannot be sublicensed, sold, distributed or otherwise transferred, even for free, other than as an immaterial part of a separate product or presentation.
- Without limiting the scope of the foregoing, paid Content cannot be used in a product offered for sale where such Content contributes to the core value of the product being sold.
Any Buyer who purchases an item of Content through Lingo Marketplace or the Website does so through their unique user account. If such Buyer has multiple Lingo accounts, such Buyer may only access such purchased Content through the account(s) from which they purchased the Content. Without limiting the scope of the foregoing, a user who purchases Content through a “team account” may not access such Content through their personal account, unless they have separately purchased such Content through their personal account.
Specific Terms for Subscribers of the Service.
- Subscription Services. Certain Services may be available on a subscription basis (the “Subscription Services”). Please see our online pricing page (the “Pricing Page”) for a description of the current Subscription Services at https://www.lingoapp.com/pricing/. Please note that any payment terms presented to you in the process of using or signing up for a Subscription Service are deemed part of this Agreement. By subscribing to the Subscription Services you agree that Lingo may use your company’s logo, trademark, brand and name on the Website to disclose that you are a customer of the Subscription Services.
- Billing. We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for use of the Subscription Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for error by the Payment Processor. By choosing to use Subscription Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Subscription Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
- Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
- Recurring Billing. Some of the Subscription Services may consist of recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO https://www.lingoapp.com/settings/billing/.
- Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT https://www.lingoapp.com/settings/billing/.
- Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
- Auto-Renewal for Subscription Services. Unless you opt out of auto-renewal, which can be done through your Account Settings, any Subscription Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or resign your Subscription Services at any time, go to Account Settings. If you terminate a Subscription Service, you may use your subscription until the end of your then-current term; your subscription will not be renewed after your then-current term expires. However, you won't be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
- Reaffirmation of Authorization. Your non-termination or continued use of a Subscription Services reaffirms that we are authorized to charge your Payment Method for that Subscription Services. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Subscription Services.
Modification, Limitation and Discontinuance of Website/Services. We reserve the right at any time to limit access to, modify, change or discontinue any aspect of the Website or Services with or without notice to you. In no event will we be liable to you for any such modification, suspension or discontinuance of the Website or Services. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you. You agree that we will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of Website or Services.
DISCLAIMER: ALL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE ASSUME NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS, DELETION OF CONTENT OR FAILURE BY THE SERVICES. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) SERVICES WILL MEET YOUR REQUIREMENTS, (B) SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SERVICES WILL BE ACCURATE OR RELIABLE, (D) ANY CONTENT OR INFORMATION YOU PROVIDE OR WE COLLECT WILL NOT BE DISCLOSED OR (E) ANY ERRORS IN ANY SERVICES WILL BE CORRECTED. YOU AGREE THAT USE OF THE SERVICES AND THE WEBSITE IS AT YOUR OWN RISK. IN SOME JURISDICTIONS, DISCLAIMERS OF IMPLIED WARRANTIES ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU AS THEY RELATE TO IMPLIED WARRANTIES.
LIMITATION OF LIABILITY. TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE NOUN PROJECT OR ANY OF ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS, EXCEED THE AMOUNT YOU HAVE PAID TO US UNDER THIS AGREEMENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THE WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE ANY ASPECT OF THE SERVICES; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICES; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICES; (F) ANY OTHER MATTER RELATING TO THE SERVICES; (G) ANY BREACH OF THIS AGREEMENT BY US OR OUR FAILURE TO PROVIDE THE SERVICES UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). 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 LIMITATIONS MAY NOT APPLY TO YOU. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED “INDEMNIFICATION.”
Notice. You agree that we may communicate any notices to you under this Agreement, through electronic mail, regular mail or posting the notices on the Website. All notices to us will be provided by either sending: (i) an email to email@example.com; or (ii) a letter, first class certified mail, to The Noun Project, 8800 Venice Blvd., Suite 217, Los Angeles, CA 90034, Attn: Customer Support. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
Entire Agreement. This Agreement, together with any amendments and any additional agreements you may enter into with The Noun Project in connection with the Services, governs your use of the Website and Services and constitutes the entire agreement between you and The Noun Project and supersedes any prior negotiations, discussions or agreements, whether written or oral, between you and The Noun Project regarding the subject matter contained in this Agreement.
COPYRIGHT DISPUTE POLICY. We have adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of our Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this Section 18. It is our policy to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
Procedure for Reporting Copyright Infringements:
If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, email address;
- A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once Proper Bona Fide Infringement Notification is Received by the Designated Agent: It is our policy:
- to remove or disable access to the infringing material;
- to notify the content provider, member or user that it has removed or disabled access to the material; and
- that repeat offenders will have the infringing material removed from the system and that we will terminate such content provider’s, member’s or user’s access to the Services.
Procedure to Supply a Counter-Notice to the Designated Agent:
It is our policy, if the content provider, member or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider, member, or user, must send a counter-notice containing the following information to the Designated Agent listed below:
- A physical or electronic signature of the content provider, member or user;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; an
- Content provider’s, member’s or user’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or, if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which we are located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
It is our policy, if a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.
Please contact our Designated Agent to Receive Notification of Claimed Infringement at the following address: Attn: The Noun Project, 8800 Venice Blvd., Suite 217, Los Angeles, CA 90034.
Notice for Users in California. This notice is for users of the Website residing in the State of California. Please be advised that the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be reached by mail at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (800) 952-5210.
Contact Us. Please feel free to contact us with any comments, questions or suggestions you might have regarding the Website or Services. You may contact us at: firstname.lastname@example.org or Attn: The Noun Project, 8800 Venice Blvd., Suite 217, Los Angeles, CA 90034.