ACCEPTANCE OF TERMS
This web site located at www.lurnable.com (this "Site") is
provided by Lurnable Limited ("LURNABLE"), conditional on your
acceptance of the terms and conditions of use set forth below
(the "Terms and Conditions"). By browsing, accessing, linking,
using and/or downloading information ("Access" or similar term)
from this Site, you agree to accept and abide by these Terms and
Conditions for each use and each visit of this Site. If you do
not agree to these Terms and Conditions, you should not Access
this Site. LURNABLE provides this Site and all related URLs (the
"Services") to you, subject to these Terms and Conditions. These
Terms and Conditions are entered into between LURNABLE and you.
If you are using the Services on behalf of another person, you
represent that you are authorized to accept these Terms and
Conditions on that person's behalf. Unless explicitly stated
otherwise, these Terms and Conditions will govern your use of
any new features that augment or enhance the current Services,
including the release of new products or services. In addition
to the terms defined throughout these Terms and Conditions, the
terms "you", "your" and "yours" refer to the surfer, customer or
purchaser utilizing this Site to obtain Services. The terms
"we", "us" and "our" refer to LURNABLE.
CHANGES TO TERM AND CONDITIONS
LURNABLE reserves the right, at any time, to modify, add to,
delete from, alter, or update these Terms and Conditions
("Changes"), and you agree to be bound by such Changes. Changes
shall be effective immediately upon notice thereof, which may be
given by any means including, but not limited to posting on this
Site or by electronic or conventional mail. You agree to
regularly review the Terms and Conditions posted at this Site
and to be aware of Changes. Your use of this Site following any
Changes constitutes your agreement to follow and be bound by
these Terms and Conditions as changed.
PERMITTED AND PROHIBITED USES
This Site is intended for the lawful use of members of the
general public who are over the age of 16 years. Subject to
these Terms and Conditions, LURNABLE grants you a non-exclusive,
non-transferable, limited right to access, use and view this
Site and the information thereon, including without limitation,
all text, design, graphics, drawings, photographs, video clips,
music and sounds, and all trade marks, service marks and trade
names used at this Site and the selection and arrangements
thereof (collectively, the "Content"), solely for your own
personal use, provided, however, that you may not, nor may you
allow others to, directly or indirectly:
-
sell, license, rent, reproduce, modify or attempt to modify or
create derivative works from the Content in any way or
reproduce or publicly display, perform, transmit or distribute
or otherwise use the Content for any public or commercial
purpose, including without limitation use of the Content on
any other website or in any environment of networked computers
-
transfer the Content to any other person without the prior
written explicit consent of LURNABLE;
-
use this Site in any manner that could damage, disable,
overburden or impair this Site;
-
upload, post or otherwise transmit or distribute on this Site
any items, including without limitation computer viruses,
Trojan horses, worms, backdoor, shutdown mechanism or other
harmful, disruptive or destructive files or computer programs;
-
interfere with the security of, or otherwise abuse, this Site
or any Services, system resources, accounts, servers or
networks connected to or accessible through this Site or
associated or linked sites;
-
infringe on any patent, trade-mark, trade secret, copyright,
right of publicity, or other proprietary right of any person,
or impersonate any person or entity;
-
disrupt or interfere with any other person's use or enjoyment
of this Site or associated or linked sites;
-
use any robot, spider or other automatic program or device, or
manual process to monitor, copy, summarize, or otherwise
extract information from this Site or the Content in whole or
in part;
-
use or attempt to use another's account, password, service,
system or other information without prior written
authorisation from LURNABLE, or create or use a false identity
on this Site;
-
transmit on, to or from this Site spam, chain letters, junk
mail or any other type of unsolicited mass e-mail;
-
upload to, distribute to, or otherwise disseminate through
this Site any material or information of any kind that is
threatening, harassing, libellous, defamatory, obscene,
pornographic, fraudulent, deceptive, abusive, or otherwise
violates any law or infringes or violates any rights of any
other person or entity, or contains a solicitation of funds,
advertising, or a solicitation for goods or services; or
-
attempt to obtain unauthorised access to this Site or portions
of this Site which are restricted from general access.
You also agree that you are solely responsible for actions and
communications undertaken or transmitted in the course of your
usage of this Site, and that you will comply with all laws that
apply or may apply to your use of or activities on this Site or
in respect of the Content.
COPYRIGHT AND TRADEMARKS
Unless otherwise noted, all Content is subject to intellectual
property rights including copyrights and trade marks held or
licensed by LURNABLE. You may print or download one copy of the
Content on this Site on a single computer for your personal,
non-commercial use, provided you keep intact all copyright and
other proprietary notices. Any other reproduction or use without
express prior written permission from LURNABLE, or LURNABLE's
content providers as the case may be, is strictly prohibited.
Except as expressly provided herein, no license to use or
reproduce the Content is given to you and all intellectual
property rights therein are expressly reserved. Systematic
retrieval of data or other Content from this Site to create or
compile, directly or indirectly, a collection, compilation,
database or directory without express prior written permission
from LURNABLE is prohibited
LINKS AND THIRD-PARTY WEBSITES
LURNABLE provides to you, on this Site, links to Third-Party
Websites operated by other entities. These Third-Party Websites
will typically be identifiable through a change to the URL in
your Web browser, though the Site does occasionally contain
content from Third-Party Websites within the WEBSITE URL. You
agree that this Site provides no dialogue box or other clear
demarcation indicator when you leave this Site and enter a
Third-Party Website. Links to Third-Party Websites does not
constitute an endorsement, sponsorship or recommendation by
LURNABLE of the Third-Party Websites, the entities themselves or
of any content, services or products available on or through
such Third-Party Websites. If you use these Third-Party
Websites, you do so at your own risk and it is your
responsibility to take all protective measures to guard against
viruses and other destructive elements. Links do not imply that
LURNABLE or this Site is affiliated or associated with, or is
legally authorized to use any trade-mark, trade name, logo or
copyright symbol displayed in or accessible through the links,
or that any Third-Party Website is authorized to use any
trademark, trade name, logo or copyright symbol of LURNABLE.
Third-Party Websites may create other contractual obligations
between you and the Third-Party entity in addition to these
Terms and Conditions. This Site will from time to time contain
materials, data or information provided, posted or offered by
third parties, including but not limited to advertisements. You
agree that LURNABLE shall not have any liability whatsoever to
you for any such Third-Party material, data or information.
SUBMISSION OF INFORMATION
Although LURNABLE may provide certain security in an effort to
protect the electronic transmission of certain information that
you submit to LURNABLE through this Site, LURNABLE does not
guarantee the security of any information transmitted to or from
this Site, including to or from any Third-Party Websites linked
to this Site. Submission of any financial (eg. credit card) or
other information to this Site or to any Third-Party Websites
linked to this Site is entirely at your own risk and
responsibility. Do not send any confidential or proprietary
information to LURNABLE through this Site. Except for personal
information about you, any information you do send to LURNABLE
through this Site will be deemed NOT to be confidential
("Non-Confidential Information"). For any Non-Confidential
Information you do send, you hereby grant to LURNABLE a
worldwide, royalty-free, perpetual, irrevocable, non-exclusive
right and license to use, reproduce, modify, adapt, publish,
translate, distribute and sublicense any and all material or
information submitted by you to this Site and/or to incorporate
it in other works regardless of form, medium or technology.
DISCLAIMERS
ALL CONTENT AND SERVICES PROVIDED ON OR THROUGH THIS SITE ARE
PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS
PROVIDED WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT. NEITHER LURNABLE, THEIR
AFFILIATES AND RELATED ENTITIES, NOR ANY OF THEIR RESPECTIVE
EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS
WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT
THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE CONTENT
IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS
SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT
PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THOSE EXCLUSIONS MAY
NOT APPLY TO YOU.
PURCHASES
You are encouraged to familiarise yourself with your rights
contained within the Sale of Goods Act 1979, Unfair Contract
Terms Act 1977 and the Unfair Terms in Consumer Contracts
Regulations 1999. If you wish to purchase any product or service
made available through the Service ("Purchase"), you may be
asked to supply certain information relevant to your Purchase
including, without limitation, your credit card number, the
expiration date of your credit card, your billing address, and
your shipping information. You represent and warrant that: (i)
you have the legal right to use any credit card(s) or other
payment method(s) in connection with any Purchase; and that (ii)
the information you supply to us is true, correct and complete.
You expressly agree that LURNABLE is not responsible for any
loss or damage arising from the submission of false or
inaccurate information. By submitting such information, you
grant us the right to provide the information to third parties
for purposes of facilitating the completion of Purchases. We
reserve the right to refuse or cancel your order at any time for
certain reasons including but not limited to: product or service
availability, errors in the description or price of the product
or service, error in your order or other reasons. You expressly
agree that LURNABLE cannot accept any liability for loss or
damage arising out of such cancellation. We reserve the right to
refuse or cancel your order if fraud or an unauthorised or
illegal transaction is suspected.
AVAILABILITY, ERRORS AND INACCURACIES
We are constantly updating our offerings of products and
services on the Service. The products or services available on
our Service may be mispriced, described inaccurately, or
unavailable, and we may experience delays in updating
information on the Service and in our advertising on other web
sites. You expressly agree that any such offer of a product or
service does not constitute a legal offer capable of attracting
legal consequences. We cannot and do not guarantee the accuracy
or completeness of any information, including prices, product
images, specifications, availability, and services. We reserve
the right to change or update information and to correct errors,
inaccuracies, or omissions at any time without prior notice.
Section "Availability, Errors and Inaccuracies" is without
prejudice to existing statutory rights.
CONTESTS, SWEEPSTAKES AND PROMOTIONS
Any contests, sweepstakes or other promotions (collectively,
"Promotions") made available through the Service may be governed
by rules that are separate from these Terms. If you participate
in any Promotions, please review the applicable rules as well as
our Privacy Policy. If the rules for a Promotion conflict with
these Terms and Conditions, the Promotion rules will apply. The
terms and conditions of any other "Promotions" are independent
of this agreement.
CONTENT
Our Service allows you to post, link, store, share and otherwise
make available certain information, text, graphics, videos, or
other material ("Content"). You are responsible for the Content
that you post to the Service, including its legality,
reliability, and appropriateness. By posting Content to the
Service, you grant us the right and license to use, modify,
perform, display, reproduce, and distribute such Content on and
through the Service. You retain any and all of your rights to
any Content you submit, post or display on or through the
Service and you are responsible for protecting those rights. You
represent and warrant that: (i) the Content is yours (you own
it) or you have the right to use it and grant us the rights and
license as provided in these Terms, and (ii) the posting of your
Content on or through the Service does not violate the privacy
rights, publicity rights, copyrights, contract rights or any
other rights of any person.
ACCOUNTS
When you create an account with us, you must provide us
information that is accurate, complete, and current at all
times. Failure to do so constitutes a breach of the Terms, which
may result in immediate termination of your account on our
Service. You are responsible for safeguarding the password that
you use to access the Service and for any activities or actions
under your password, whether your password is with our Service
or a third-party service. You agree not to disclose your
password to any Third-Party. You must notify us immediately upon
becoming aware of any breach of security or unauthorized use of
your account. You may not use as a username the name of another
person or entity or that is not lawfully available for use, a
name or trade mark that is subject to any rights of another
person or entity other than you without appropriate
authorization, or a name that is otherwise offensive, vulgar or
obscene. You expressly agree that we cannot be held liable for
any loss or damage arising out of any misrepresentations you
make in this regard.
TERMINATION
We may terminate or suspend your account immediately, without
prior notice or liability, for any reason whatsoever, including
without limitation if you breach the Terms. Upon termination,
your right to use the Service will immediately cease. If you
wish to terminate your account, you may simply discontinue using
the Service. All provisions of the Terms which by their nature
should survive termination shall survive termination, including,
without limitation, ownership provisions, warranty disclaimers,
indemnity and limitations of liability.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless LURNABLE and
its licensee and licensors, and their employees, contractors,
agents, officers and directors, from and against any and all
claims, damages, obligations, losses, liabilities, costs or
debt, and expenses (including but not limited to attorney's
fees), resulting from or arising out of a) your use and access
of the Service, by you or any person using your account and
password; b) a breach of these Terms, or c) Content posted on
the Service.
LIMITATION OF LIABILITY
In no event shall LURNABLE , nor its directors, employees,
partners, agents, suppliers, or affiliates, be liable for any
indirect, incidental, special, consequential or punitive
damages, including without limitation, loss of profits, data,
use, goodwill, or other intangible losses, resulting from (i)
your access to or use of or inability to access or use the
Service; (ii) any conduct or content of any Third-Party on the
Service; (iii) any content obtained from the Service; and (iv)
unauthorized access, use or alteration of your transmissions or
content, whether based on warranty, contract, tort (including
negligence) or any other legal theory, whether or not we have
been informed of the possibility of such damage, and even if a
remedy set forth herein is found to have failed of its essential
purpose.
DISCLAIMER
Your use of the Service is at your sole risk. The Service is
provided on an "AS IS" and "AS AVAILABLE" basis. The Service is
provided without warranties of any kind, whether express or
implied, including, but not limited to, implied warranties of
merchantability, fitness for a particular purpose,
non-infringement or course of performance. LURNABLE its
subsidiaries, affiliates, and its licensors do not warrant that
a) the Service will function uninterrupted, secure or available
at any particular time or location; b) any errors or defects
will be corrected; c) the Service is free of viruses or other
harmful components; or d) the results of using the Service will
meet your requirements.
EXCLUSIONS
Without limiting the generality of the foregoing and
notwithstanding any other provision of these terms, under no
circumstances will LURNABLE ever be liable to you or any other
person for any indirect, incidental, consequential, special,
punitive or exemplary loss or damage arising from, connected
with, or relating to your use of the Service, these Terms, the
subject matter of these Terms, the termination of these Terms or
otherwise, including but not limited to personal injury, loss of
data, business, markets, savings, income, profits, use,
production, reputation or goodwill, anticipated or otherwise, or
economic loss, under any theory of liability (whether in
contract, tort, strict liability or any other theory or law or
equity), regardless of any negligence or other fault or
wrongdoing (including without limitation gross negligence and
fundamental breach) by LURNABLE or any person for whom LURNABLE
is responsible, and even if LURNABLE has been advised of the
possibility of such loss or damage being incurred.
GOVERNING LAW
These Terms shall be governed and construed in accordance with
the laws of England and Wales, without regard to its conflict of
law provisions. Our failure to enforce any right or provision of
these Terms will not be considered a waiver of those rights. If
any provision of these Terms is held to be invalid or
unenforceable by a court, the remaining provisions of these
Terms will remain in effect. These Terms constitute the entire
agreement between us regarding our Service, and supersede and
replace any prior agreements we might have between us regarding
the Service.
COOKIES POLICY
Please refer to our Cookies Policy. You agree that they
constitute part of these terms. You must read our Cookies Policy
before you use the Service.
AGREEMENT TO PRIVACY POLICY
LURNABLE respects your desire for privacy. LURNABLE's Privacy
Policy can be found in the website. By accessing this Site, you
are consenting to the collection, use and disclosure of your
personal information and to the terms of our Privacy Policy. If
we decide to change our Privacy Policy, we will post the revised
Privacy Policy prominently on this Site or otherwise bring it to
your attention, so that you are always aware of what we do with
your information.
CONTACT US
If you have any questions about these Terms, please contact us.