LAST UPDATED: SEPTEMBER 6, 2017
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, LOG INTO YOUR ACCOUNT AND GO TO 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 BY LOGGING INTO YOUR ACCOUNT AND GOING TO 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.
LAST UPDATED: AUGUST 17, 2018
We collect information from you when you voluntarily submit information to the Web Site. The following are examples of Personal Information that we may collect from you:
Examples of information we collect may include:
first name, last name
financial information such as payment details and your transactional history with us.
We may collect Personal Information directly from you in the following circumstances:
When you fill in and submit forms on the Web Site, including forms submitted at the time of subscribing to use the Web Site or any of the Services, posting content, reporting a problem with the Web Site or requesting customer service from us.
When you contact us via online submission, telephone, electronic mail or regular mail, we may keep a record of that correspondence.
When you engage in any transactions through the Web Site or for Services and submit information for the fulfillment of anything you order or subscribe to through the Web Site or the Services.
Your Personal Information will not be distributed or shared with third parties unless it is to transact such Services as you have contracted us to do or to comply with any legal processes and/or law enforcement requests. We may also use your Personal Information for the marketing and/or promotion of our products or services. We may outsource all of these tasks to third parties. If you have received an email from us, and you wish to no longer receive emails, please click the unsubscribe link found at the bottom of the email.
Except as disclosed above, we do not collect Personal Information about visitors to this site or our customers who use this site. We do routinely gather data on Web Site activity, such as how many people visit the site, the pages they visit, where they come from, how long they stay on the site, etc. The data is collected on an aggregate, anonymous basis, which means that no Personal Information is associated with the data. This data helps us improve site content and overall usage. The information is not shared with other organizations for their independent use.
Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and/or across different websites. Our Services do not support Do Not Track requests at this time, which means that we collect information about your online activity both while you are using the Services and after you leave our Services.
We maintain standard Web logs that record data about all visitors and customers who use the Web Site and we store this information for a while. These logs may contain the Internet domain from which you access the site (such as aol.com, abc.org, etc.); the IP address which is automatically assigned to your computer when you get on the Internet (a static IP address may be identifiable as being connected to you, while a dynamic address is usually not identifiable); the type of browser and operating system you use; the date and time you visited the site; the pages you viewed on the site; the address of the web site you linked from, if any. If you sign on to this web site to use its secured features, our Web logs will also contain an individual identifier and show the services you have accessed.
All Web logs are stored securely, and may only be accessed by our staff on a need-to- know basis for a specific purpose to use web log information to help us design our site, to identify popular features, to resolve user, hardware, and software problems, and to make the Web Site more useful to visitors.
We may place Internet “cookies” on the computer hard drives of visitors to the Web Site. Information we obtain from cookies helps us to tailor our site to be more helpful and efficient for our visitors. The cookie consists of a unique identifier that does not contain information about you.
You may have software on your computer that will allow you to decline or deactivate Internet cookies, but if you do so, some features of this site may not work properly for you. For instructions on how to remove cookies from your hard drive, go to your browser’s web site for detailed instructions. In addition, further information regarding cookies may be available on other web sites or from your Internet service provider. Firefox and Google Chrome are two common browsers.
We may use a third-party vendor to help us manage some of our e-mail communications with you. While we do supply this vendor with e-mail addresses of those we wish them to contact, your e-mail address is never used for any purpose other than to communicate with you on our behalf. When you click on a link in an email, you may temporarily be redirected through one of the vendor’s servers (although this process will be invisible to you) which will register that you’ve clicked on that link, and have visited the Web Site. We never share any information, other than your e-mail address, with our third-party e-mail vendor, which does not share these e-mail addresses with anyone else.
Even if you have given us permission to send e-mails to you, you may revoke that permission at any time by following the “unsubscribe” information at the bottom of the e-mail.
Disclosure of Personal Information
We may disclose personal information to any person performing audit, legal, operational, or other services for us. We will use information which does not identify the individual for these activities whenever feasible. Information disclosed to vendors or contractors for operational purposes may not be re-disclosed to others by such a vendor or contractor.
We may disclose your personal information to third parties:
In the event that we sell or buy or transfer any business or assets (in part or whole), in which case we may disclose your personal information to the prospective seller, buyer or recipient of such business or assets.
In order to respond to a subpoena, court order or other legal duty or obligation (including without limitations requests or demands from law enforcement and government authorities and regulators).
In order to investigate, prevent, or take action regarding suspected or actual prohibited activities, including but not limited to, fraud and situations involving potential threats to the physical safety of any person or to prevent financial loss to any person or entity, including The Noun Project, Inc., its customers, clients, and other parties.
In order to enforce or apply our Terms and Conditions and other agreements.
Third Party Payment Processors
Third Party Web Sites
We may collect data from third party web sites (“Third Party Sites”). The use of personal data of users from Third Party Sites is restricted to necessary operations of our business and is used by staff on a need-to-know basis. The use of any data derived from Third Party Sites will be utilized in accordance with Third Party Sites terms of services as outlined on such Third Party Site pages.
If a user makes a request to receive information in an ongoing manner through this Web Site by providing their e-mail address (for example, requesting a subscription to one of our online publications), we may send you emails for the marketing and/or promotion of our products or services. If you have received an email from us, and you wish to no longer receive emails, please click the unsubscribe link found at the bottom of the email.
If you are under 16 years of age, you are not authorized to use the Service, with or without registering. We do not intentionally collect or store Personal Information from users under the age of 16. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.
Please note that data that is transported over an open network, such as the Internet or e-mail, may be accessible to anybody. We cannot guarantee the confidentiality of any communication or material transmitted via such open networks. When disclosing any Personal Information via an open network, you should remain mindful of the fact that it is potentially accessible to others, and consequently, can be collected and used by others without your consent. Your data may be lost during transmission or may be accessed by unauthorized parties. We do not accept any liability for direct or indirect losses as regards the security of your Personal Information or data during its transfer via Internet. Please use other means of communication if you think this is necessary or prudent for security reasons.
For network security purposes and to ensure that the Web Site remains available to all users, we employ commercial software programs to monitor network traffic and attempt to identify unauthorized attempts to upload or change information, or otherwise cause damage. All payment information is transmitted via Secure Socket Layer (SSL) technology, encrypted into our payment gateway, and accessible only by those authorized with special access rights to such systems who are required to keep the information confidential.
Password-protected areas of the Web Site can be accessed only with a valid user name and password. Each password owner is responsible for keeping the password confidential and safe, as we have no control or responsibility for this type of user information. If the password may have been stolen or might otherwise be misused, it is the responsibility of the password owner to notify us immediately for further action.
If you are a resident of the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) with respect to your Personal Data, as outlined below.
For this section, we use the terms “Personal Data” and “processing” as they are defined in the GDPR, but “Personal Data” generally means information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure. Company will be the controller of your Personal Data processed in connection with the Services.
What Personal Data Do We Collect From You?
We collect Personal Data about you when you provide such information directly to us or when Personal Data about you is automatically collected in connection with your use of our Services.
Information we collect directly from you
We receive Personal Data directly from you when you provide us with such Personal Data, including without limitation the following:
First and last name
Credit/debit card information
Information we automatically collect when you use our Services
Some Personal Data is automatically collected when you use our Services, such as the following:
Web browser information
Page view statistics
Transaction information (e.g. transaction amount, date and time such transaction occurred)
Cookies and other tracking technologies (e.g. web beacons, pixel tags, SDKs, etc.)
Log data (e.g. access times, hardware and software information)
How Do We Use Your Personal Data?
We process Personal Data to operate, improve, understand and personalize our Services. For example, we use Personal Data to:
Create and manage user profiles
Communicate with you about the Services
Contact you about Service announcements, updates or offers
Provide support and assistance for the Services
Personalize website content and communications based on your preferences
Meet contract or legal obligations
Respond to user inquiries
Fulfill user requests
Comply with our legal or contractual obligations
Protect against or deter fraudulent, illegal or harmful actions
Enforce our Terms and Conditions
We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our “legitimate interests” or the legitimate interest of others, as further described below.
Contractual Necessity: We process your first and last name, email address, location and credit/debit card information as a matter of “contractual necessity”, meaning that we need to process the data to perform under our Terms of Service with you, which enables us to provide you with the Services. When we process data due to contractual necessity, failure to provide such Personal Data will result in your inability to use some or all portions of the Services that require such data.
Legitimate Interest: We also process the Personal Data above when we believe it furthers our legitimate interests, examples of which include:
Operation and improvement of our business, products and services
Marketing of our products and services
Provision of customer support
Protection from fraud or security threats
Compliance with legal obligations
Completion of corporate transactions
Consent: In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection.
Other Processing Grounds: From time to time we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.
How and With Whom Do We Share Your Data?
Fraud prevention service providers
Analytics service providers
Hosting service providers
We also share Personal Data when necessary to complete a transaction initiated or authorized by you or provide you with a product or service you have requested, including to other users (where you post information publicly or as otherwise necessary to effect a transaction initiated or authorized by you through the Services)
We also share Personal Data when we believe it is necessary to:
Comply with applicable law or respond to valid legal process, including from law enforcement or other government agencies
Protect us, our business or our users, for example to enforce our terms of service, prevent spam or other unwanted communications and investigate or protect against fraud
Maintain the security of our products and services
We also share information with third parties when you give us consent to do so.
Furthermore, if we choose to buy or sell assets, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party, and we would share Personal Data with the party that is acquiring our assets. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this policy.
How Long Do We Retain Your Personal Data?
We retain Personal Data about you for as long as you have an open account with us or as otherwise necessary to provide you Services. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. Afterwards, we retain some information in a depersonalized or aggregated form but not in a way that would identify you personally.
What Security Measures Do We Use?
We seek to protect Personal Data using appropriate technical and organizational measures based on the type of Personal Data and applicable processing activity, including by using data hosting service providers to host the information we collect.
Personal Data of Children
What Rights Do You Have Regarding Your Personal Data?
You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please email email@example.com. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need to you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.
Access: You can request more information about the Personal Data we hold about you and request a copy of such Personal Data. You can also access certain of your Personal Data by accessing your account profile.
Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. You can also correct some of this information directly by accessing your account profile.
Erasure: You can request that we erase some or all of your Personal Data from our systems.
Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Services.
Portability: You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.
Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes, such as for direct marketing purposes.
Restriction of Processing: You can ask us to restrict further processing of your Personal Data.
Right to File Complaint: You have the right to lodge a complaint about Company’s practices with respect to your Personal Data with the supervisory authority of your country or EU Member State.
Transfers of Personal Data
The Services are hosted and operated in the United States (“U.S.”) through Company and its service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Services, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to Company in the U.S. and will be hosted on U.S. servers, and you authorize Company to transfer, store and process your information to and in the U.S., and possibly other countries.
Questions, Complaints, and Contacts
If you have any questions about this Privacy Statement, our policies and practices concerning this site, your rights under this statement, and your dealings with this web site, you can contact us by sending a message to firstname.lastname@example.org.
LAST UPDATED: May 2, 2019
BY CLICKING ON THE LINK OR BUTTON TO GENERATE THE LINGO API TOKEN, YOU OR THE ENTITY OR COMPANY THAT YOU REPRESENT (“YOU,” “YOUR,” “YOURS” OR “LICENSEE”) ARE UNCONDITIONALLY CONSENTING TO BE BOUND BY, ARE BECOMING A PARTY TO THESE LINGO API LICENSE TERMS (THE “TERMS”), AND ARE HEREBY REPRESENTING AND WARRANTING THAT YOU ARE AUTHORIZED TO BIND LICENSEE. YOUR DOWNLOAD OR CONTINUED USE OF ANY PORTION OF THE API (AS DEFINED BELOW) SHALL ALSO CONSTITUTE ASSENT TO THESE TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL OF THE TERMS OF THESE TERMS, DO NOT GENERATE AN API TOKEN AND YOU WILL HAVE NO RIGHT TO USE THE API. IF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS TO THE EXCLUSION OF ALL OTHER TERMS.
License Grant. Subject to full compliance with these Terms, The Noun Project, Inc. (“we,” “us” “our” or “Noun Project”) hereby grants you a limited, personal, non-sublicensable, non-transferable, nonexclusive license to use our Lingo application programming interface and related information and documentation we may provide (collectively, the “API”) for the sole purpose of allowing you to build software applications (each an “App”) that communicate with Noun Project’s proprietary Lingo service found at https://www.lingoapp.com (the “Service”), and for other purposes authorized by us in writing.
Restrictions; Ownership. You shall not (and shall not authorize or encourage any third party to), directly or indirectly: (i) rent, lease, loan, sell, sublicense, assign, or otherwise transfer any rights in or to the API; (ii) clone the API; (iii) remove any proprietary notices from the API (or any portion thereof); (v) decompile, reverse engineer, disassemble, or derive the source code, underlying ideas, concepts or algorithms of the API (except as and only to the extent the foregoing restrictions are expressly prohibited by applicable statutory law); or (vi) modify or create derivative works of the API. Noun Project shall own all right, title, and interest (and all related moral rights and intellectual property rights) in and to the API, including any copies and derivative works thereof. No rights or licenses are granted except as expressly and unambiguously set forth herein.
Confidentiality. You agree not to disclose (or allow access to) the API (or any information derived therefrom) to any third party and will limit access to the API (and any derived information) to your employees who are developing the App(s). In support of this obligation, you will apply at least the same security that you use to protect your own most confidential information.
Community Policy. These Terms include the provisions in the Lingo API Restrictions found at https://developer.lingoapp.com/guides/restrictions/, as it may be updated from time to time, which you agree to abide by.
API Updates. If Noun Project provides you with any upgrades, patches, enhancements, or fixes for the API, then all items that are so provided will become part of the API, respectively, and subject to these Terms. Notwithstanding the foregoing, Noun Project shall have no obligation under these Terms to provide any such upgrades, patches, enhancements, fixes or any other support for the API.
Compatibility. Each App must maintain 100% compatibility with the API and the Service (including changes provided to you by Noun Project, which shall be implemented in each App promptly thereafter). If any App uses or implements an outdated version of the API or the Service, you acknowledge and agree that such App may not be able to communicate with the Service. You agree not to modify, extend, subset or superset the API to any extent. You understand that we may cease support of old versions or releases of the API.
Indemnification. Licensee shall defend, indemnify, and hold harmless Noun Project, its affiliates and each of its and its affiliates’ employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses (including reasonable attorneys’ fees), that arise from or relate to (i) Licensee’s or Licensee’s end users’ use or misuse of, or access to, the Service (ii) Licensee’s violation of these Terms, (iii) infringement by Licensee, or any third party using Licensee’s account, of any intellectual property or other right of any person or entity, or (iv) a claim alleging that any Licensee data infringes the rights of, or has caused harm to, a third party. Noun Project reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by Customer, in which event Customer shall assist and cooperate with Noun Project in asserting any available defenses.
WARRANTY DISCLAIMER. NOUN PROJECT PROVIDES THE API “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILITY, AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL NOUN PROJECT OR ITS LICENSORS, SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, OR DAMAGES RESULTING FROM LICENSEE’S USE OF THE API. NOUN PROJECT’S LIABILITY FOR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF THESE TERMS SHALL BE LIMITED TO $100. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOU HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
Modification. We may modify these Terms at any time, for example, to reflect changes to the laws or the API. If we modify these Terms, we will bring it to your attention by placing a notice on the www.lingoapp.com website, by sending you an email, and/or by some other means. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the API. If you use the API in any way after a change to the Terms is effective, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.