Statement of Rights and Responsibilities
This agreement was written in English (Canada). To the extent any translated version of this agreement conflicts with the English version, the English version controls. Please note that Section 14 contains certain changes to the general terms for users outside Canada.
Date of Last Revision: November 15, 2013.
Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities (“Statement,” “Terms,” or “SRR”) derives from the LingSync Principles, and is our terms of service that governs our relationship with users and others who interact with LingSync. By using or accessing LingSync, you agree to this Statement, as updated from time to time in accordance with Section 14 below. Additionally, you will find resources at the end of this document that help you understand how LingSync works.
Your privacy is very important to us. We designed our Data Use Policy to make important disclosures about how you can use LingSync to share with others and how we collect and can use your content and information. We encourage you to read the Data Use Policy , and to use it to help you make informed decisions.
2. Sharing Your Content and Information
You own all of the content and information you post on LingSync, and you can control how it is shared through your privacy and application settings. In addition:
- For content which you haved deamed as "shared content" with other users and/or the public at large, and which is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to provide access to any IP content that you post on or in connection with LingSync (IP License). This IP License applies only to data which you have "shared" with other users and/or the public at large. You are in control of which data is "shared". By default none of your data is "shared;" sharing your data is opt-in only. This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
- LingSync.org is an open ended plugin system which is composed of numerous applications. When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information. (To learn more about Infrastructure, including how you can control what information other people may share with applications, read our Data Use Policy and Infrastructure Page.)
- When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of LingSync, to access and use that information, and to associate it with you (i.e., your name and profile picture).
- We always appreciate your feedback or other suggestions about LingSync, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep LingSync safe, but we cannot guarantee it. We need your help to keep LingSync safe, which includes the following commitments by you:
- You will not post unauthorized commercial communications (such as spam) on LingSync.
- You will not collect users’ content or information, or otherwise access LingSync, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on LingSync.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
- You will follow our Promotions Guidelines and all applicable laws if you publicize or offer any contest, giveaway, or sweepstakes (“promotion”) on LingSync.
- You will not use LingSync to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of LingSync, such as a denial of service attack or interference with page rendering or other LingSync functionality.
- You will not facilitate or encourage any violations of this Statement or our policies.
4. Registration and Account Security
Thus far most LingSync users use their actual identities, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on LingSync, or create an account for anyone (including famous linguists) other than yourself without their permission.
- If you register an account for someone else without their knowledge, or an account for a fictional persona, we reserve the right to disable this account.
- You will not create more than one personal account.
- If we disable your account, you will not create another one without our permission.
- In the eventuality that you need to reset your password, or we have identified your account as fictional, you must keep your contact information accurate and up-to-date.
- You will not share your password or let anyone else access your account, or do anything else that might jeopardize the security of your account.
- If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).
5. Protecting Other People’s Rights
We respect other people’s rights, and expect you to do the same.
- You will not post content or take any action on LingSync that infringes or violates someone else’s rights or otherwise violates the law.
- We can remove any content or information you post on LingSync if we believe that it violates this Statement or our policies.
- If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or trademarks (including LingSync, the LingSync logs), or any confusingly similar marks, except with our prior written permission.
- You will not post anyone’s identification documents or private information on LingSync.
- You will not send email invitations to non-users without their consent.
6. Mobile and Other Devices
We provide our mobile services for free, but please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply.
- You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on LingSync.
7. Special Provisions Applicable to Plugins
If you include our Plugins, such as the LingSync widget on your website, the following additional terms apply to you:
- We give you permission to use LingSync’s Plugins so that users can post content from your website on LingSync.
- You give us permission to use and allow others to use such content on LingSync.
- You will not place a Plugin on any page containing content that would violate this Statement if posted on LingSync.
8. Special Provisions Applicable to Developers/Operators of Applications and Websites
If you are a developer or operator of an application or website, the following additional terms apply to you:
- You are responsible for your application and its content and all uses you make of the LingSync Infrastructure. This includes ensuring your application or use of the LingSync Infrastructure meets our policies.
- Your access to and use of data you receive from LingSync, will be limited as follows:
- You will only request data you need to operate your application.
- You will delete all data you receive from us concerning a user if the user asks you to do so, and will provide a mechanism for users to make such a request.
- You will not include data you receive from us concerning a user in any advertising creative.
- You will not directly or indirectly transfer any data you receive from us to (or use such data in connection with) any ad network, ad exchange, data broker, or other advertising related toolset, even if a user consents to that transfer or use.
- You will not sell user data. If you are acquired by or merge with a third party, you can continue to use user data within your application, but you cannot transfer user data outside of your application.
- We can require you to delete user data if you use it in a way that we determine is inconsistent with users’ expectations.
- We can limit your access to data.
- You will comply with all other restrictions contained in our Privacy Policies.
- You will not give us information that you independently collect from a user or a user’s content without that user’s consent.
- You will make it easy for users to remove or disconnect from your application.
- You will make it easy for users to contact you. We can also share your email address with users and others claiming that you have infringed or otherwise violated their rights.
- You will provide customer support for your application.
- You will not show third party ads or web search boxes on LingSync.org.
- We give you all rights necessary to use the code, APIs, data, and tools you receive from us.
- You will not sell, transfer, or sublicense our code, APIs, or tools to anyone.
- You will not misrepresent your relationship with LingSync to others.
- You may use the logos we make available to developers or issue a press release or other public statement so long as you follow our Privacy Policies.
- We can issue a press release describing our relationship with you.
- You will comply with all applicable laws. In particular you will (if applicable):
- have a policy for removing infringing content and terminating repeat infringers that complies with the Digital Millennium Copyright Act.
- comply with the Video Privacy Protection Act (VPPA), and obtain any opt-in consent necessary from users so that user data subject to the VPPA may be shared on LingSync. You represent that any disclosure to us will not be incidental to the ordinary course of your project management.
- We do not guarantee that Infrastructure will always be free.
- You give us all rights necessary to enable your application to work with LingSync, including the right to incorporate content and information you provide to us into streams, timelines, and user action stories.
- You give us the right to link to or frame your application, and place content, including ads, around your application.
- We can analyze your application, content, and data for any purpose, including commercial (such as for targeting the delivery of advertisements and indexing content for search).
- To ensure your application is safe for users, we can audit it.
- We can create applications that offer similar features and services to, or otherwise compete with, your application.
9. Special Provisions Applicable to Pages
If you create or administer a Page on LingSync, or run a promotion or an offer from your Page, you agree to our Terms.
10. Special Provisions Applicable to Software
- If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.
- Our software is open source, if your applicaiton is not open source we request that you document this in your Terms and Services in your Application.
- Unless we make a change for legal or administrative reasons, or to correct an inaccurate statement, we will provide you with seven (7) days notice (for example, by posting the change on our GitHub Project Management Page) and an opportunity to comment on changes to this Statement. You can also visit our GitHub Project Management Page and follow the project to get updates about changes to this Statement and/or the software.
- If we make changes to policies referenced in or incorporated by this Statement, we may provide notice on the Site Governance Page.
- Your continued use of LingSync following changes to our terms constitutes your acceptance of our amended terms.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of LingSync to you. We will notify you by email (if you have provided an email) or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2.2, 2.4, 3-5, 7.2, 8.1-8.3, 8.8, 8.10, 8.13, 8.15, 8.18 and 12-16.
- You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or LingSync exclusively in the Montreal Quebec Courts, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the Quebec will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
- If anyone brings a claim against us related to your actions, content or information on LingSync, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users’ actions on LingSync and are not responsible for the content or information users transmit or share on LingSync. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on LingSync. We are not responsible for the conduct, whether online or offline, or any user of LingSync.
- WE TRY TO KEEP LINGSYNC.ORG UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING LINGSYNC.ORG AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT LINGSYNC.ORG WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT LINGSYNC.ORG WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. LINGSYNC.ORG IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §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. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR LINGSYNC.ORG, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR LINGSYNC.ORG WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, LINGSYNC.ORG’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
14. Special Provisions Applicable to Users Outside Canada
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with LingSync outside Canada:
- You consent to having your personal data transferred to and processed in Canada.
- If you are located in a country embargoed by Canada you will not integrate a LingSync Plugin on your website. You will not use LingSync if you are prohibited from receiving products, services, or software originating from Canada.
- Certain specific terms that apply only for German users, please contact us for more details.
- By “LingSync” we mean the features and services we make available, including through (a) our website at LingSync.org and any other LingSync branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Infrastructure; (c) plugins and other similar offerings and (d) other media, software (such as a toolbar), devices, or networks now existing or later developed.
- By “Infrastructure” we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from LingSync or provide data to us.
- By “information” we mean facts and other information about you, including actions taken by users and non-users who interact with LingSync.
- By “content” we mean anything you or other users post on LingSync that would not be included in the definition of information.
- By “data” or “user data” or “user’s data” we mean any data, including a user’s content or information that you or third parties can retrieve from LingSync or provide to LingSync through Infrastructure.
- By “post” we mean post on LingSync or otherwise make available by using LingSync.
- By “use” we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
- By “active registered user” we mean a user who has logged into LingSync at least once in the previous 30 days.
- By “application” we mean any application or website that uses or accesses Infrastructure, as well as anything else that receives or has received data from us. If you no longer access Infrastructure but have not deleted all data from us, the term application will apply until you delete the data.
- If you are a resident of or have your principal place of work in the US or Canada, this Statement is an agreement between you and LingSync, Inc. Otherwise, this Statement is an agreement between you and LingSync Ireland Limited. References to “us,” “we,” and “our” mean the LingSync team.
- This Statement makes up the entire agreement between the parties regarding LingSync, and supersedes any prior agreements.
- If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of this Statement, it will not be considered a waiver.
- Any amendment to or waiver of this Statement must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
- All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or transfer of assets, or by operation of law or otherwise.
- Nothing in this Statement shall prevent us from complying with the law.
- This Statement does not confer any third party beneficiary rights.
- We reserve all rights not expressly granted to you.
- You will comply with all applicable laws when using or accessing LingSync.
You may also want to review the following documents, which provide additional information about your use of LingSync:
- Data Use Policy : The Data Use Policy contains information to help you understand how we collect and use information.