We (the people at 0 Sacreed Cows LLC) run a website called Lingomi and would love for you to use it. Some of our services are free, and we offer paid upgrades for advanced features. Our service is designed to give you as much control and ownership over what you create on the site. However, be responsible in what you publish. In particular, make sure that none of the prohibited items listed below appear in your content (things like spam, viruses, or hate content).
(Note, this Terms of Service is based on one developed for Wordpress.com and is available under a Creative Commons Share-alike license, which means you’re welcome to repurpose it for your own use.
Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by 0 Sacred Cows, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your Lingomi Account. If you create a account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify 0 Sacred Cows of any unauthorized uses of your account or any other breaches of security. 0 Sacred Cows will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by 0 Sacred Cows or otherwise.
By submitting Content to 0 Sacred Cows for inclusion on your Website, you grant 0 Sacred Cows a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt, publish, and sell content added by user (unless specifically disallowed by user. If you delete Content, 0 Sacred Cows will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, 0 Sacred Cows has the right (though not the obligation) to, in 0 Sacred Cows’s sole discretion (i) refuse or remove any content that, in 0 Sacred Cows’s reasonable opinion, violates any 0 Sacred Cows policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in 0 Sacred Cows’s sole discretion. 0 Sacred Cows will have no obligation to provide a refund of any amounts previously paid.
- Fees and Payment. Optional premium paid services such quizzes, recordings, etc. and downloadable products are available on the Website. By selecting a premium service or downloadable product you agree to pay 0 Sacred Cows the fees indicated for that service or product. Payments for a premium service will be charged on the day you sign up for a premium service and will cover the use of that service for a period as indicated. Premium service fees are not refundable. Payments for a downloadable product will be charged on the day you purchase the product. Downloadable product fees are fully refundable within the first thirty (30) days of the purchase date.
- Premium Plans.
- Fees; Payment. By signing up for a non-free subscription account you agree to pay 0 Sacred Cows indicated at http://lingomi.com/buy/ in exchange for the services listed at http://lingomi.com/buy/. Applicable fees will be invoiced starting from the day your plans are established (and any trial period has expired) and in advance of using such services. 0 Sacred Cows reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Premium plans can be canceled by you at anytime.
- Support. Premium plans include access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by 0 Sacred Cows to respond within one business day) concerning the use of the Lingomi service. “Priority” means that support for Premium plan customers takes priority over support for users of the standard, free Lingomi services. All Premium plan support will be provided in accordance with 0 Sacred Cows standard Premium plan practices, procedures and policies.
- Downloadable Products
- Fees; Payment. By purchasing a downloadable product you agree to pay 0 Sacred Cows indicated at http://lingomi.com/buy/ in exchange for the services listed at http://lingomi.com/buy/. Applicable fees will be invoiced in advance of receiving the downloadable product. Downloadable products may be returned for a full refund within thirty (30) days of the initial purchase. Returns should be made by contacting customer service through our the contact page at http://lingomi.com/contact or through email at [email protected] Refunds will be made within 5-10 business days of the original request.
- Support. Downloadable products include access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by 0 Sacred Cows to respond within one business day) concerning the downloadable product. “Priority” means that support for Downloadable product customers takes priority over support for users of the standard, free Lingomi services. All Downloadable product support will be provided in accordance with 0 Sacred Cows standard Downloadable product practices, procedures and policies.
- Responsibility of Website Visitors. 0 Sacred Cows has not reviewed, and cannot review, all of the material, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, 0 Sacred Cows does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. 0 Sacred Cows disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Lingomi links, and that link to Lingomi. 0 Sacred Cows does not have any control over those non-Lingomi websites and webpages, and is not responsible for their contents or their use. By linking to a non-Lingomi website or webpage, 0 Sacred Cows does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. 0 Sacred Cows disclaims any responsibility for any harm resulting from your use of non-Lingomi websites and webpages.
- Copyright Infringement and DMCA Policy. As 0 Sacred Cows asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Lingomi violates your copyright, you are encouraged to notify 0 Sacred Cows in accordance with 0 Sacred Cows’s Digital Millennium Copyright Act (“DMCA”) Policy. 0 Sacred Cows will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of 0 Sacred Cows or others, 0 Sacred Cows may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, 0 Sacred Cows will have no obligation to provide a refund of any amounts previously paid to 0 Sacred Cows.
- Intellectual Property. This Agreement does not transfer from 0 Sacred Cows to you any 0 Sacred Cows or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with 0 Sacred Cows. 0 Sacred Cows, Lingomi, the Lingomi logo, and all other trademarks, service marks, graphics and logos used in connection with Lingomi, or the Website are trademarks or registered trademarks of 0 Sacred Cows or 0 Sacred Cows’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any 0 Sacred Cows or third-party trademarks.
- Changes. 0 Sacred Cows reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. 0 Sacred Cows may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. 0 Sacred Cows may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Lingomi account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a Premium plan account, such account can only be terminated by 0 Sacred Cows if you materially breach this Agreement and fail to cure such breach within thirty (30) days from 0 Sacred Cows’s notice to you thereof; provided that, 0 Sacred Cows can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. 0 Sacred Cows and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither 0 Sacred Cows nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will 0 Sacred Cows, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to 0 Sacred Cows under this agreement during the twelve (12) month period prior to the cause of action. 0 Sacred Cows shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless 0 Sacred Cows, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between 0 Sacred Cows and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of 0 Sacred Cows, or by the posting by 0 Sacred Cows of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Maryland, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Montgomery County, Maryland. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; 0 Sacred Cows may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
- March 04, 2011: Added payment and refund terms for downloadable products.