Welcome to Fluentli.com ("Site"), which is owned and operated by e-Language Solutions LLC. The following Terms of Service ("Agreement") governs your access to and use of the Site and the services made available from the Site (the Site and any services made available from the Site, the "Service"). Please review the entire Agreement carefully. The Service is operated by e-Language Solutions LLC and its corporate affiliates (collectively, "us", "we" or "Fluentli"). By accessing or using any portion of the Service, you signify that you have read, understand and agree to be bound by this Agreement, including all Fluentli policies that apply to your use of the Service.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Fluentli reserves the right, in its sole discretion, to change, modify, add, or delete portions of this Agreement at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date this Agreement was last revised. Your continued use of the Service after any such changes constitutes your acceptance of the changes for your use of the Service after the effective date of those changes. If you do not agree to abide by this Agreement or any future version of this Agreement, your sole remedy is to not use or access the Service. It is your responsibility to regularly check the Site to determine if there have been changes to this Agreement and to review such changes.
Use of the Service is void where prohibited. By using the Service, you represent and warrant that you agree to and will abide by all of the terms and conditions of this Agreement. Children under 13 are only authorized to use the Service with the written authorization by a parent or guardian that registers that child. Self-registration by children under 13 is strictly prohibited.
To access and use the Service, you must register for an account. When registering, you must fill in all mandatory fields with true, accurate, current and complete information about yourself as prompted in the registration form and maintain and promptly update this information to keep it true, accurate, current and complete. Fluentli has the right to suspend or terminate your account and refuse any and all current or future use of the Service if it suspects that such information is untrue, inaccurate, not current or incomplete.
Subject to the terms and conditions of this Agreement, Fluentli grants you a personal, limited, non-exclusive, revocable, non-transferable license, without the right to sublicense, to electronically access and use the Service solely to participate in the Fluentli language learning community as intended and made available by Fluentli. Except for those rights expressly granted in this Agreement, no other rights are granted, either express or implied, to you.
5. Term and Termination
This Agreement will remain in full force and effect while you use any portion of the Service or have a Fluentli account. Fluentli may terminate your account at any time, for any reason, without warning. Even after your account is terminated, this Agreement will remain in effect. You may terminate your account at any time, for any reason, by contacting us by email at email@example.com .
Registration for a Fluentli account and access to selected features of the Service are currently provided to you free of charge. Fluentli may charge fees for access to certain portions of the Service or services available via the Service ("Paid Services"), and will notify you of those fees at the time that we offer you a Paid Service. By electing to access a Paid Service you authorize Fluentli to direct its third party payment processor to charge the credit card identified by you (which you represent and warrant that you are authorized to use) all applicable fees for your use of that Paid Service in US dollars, including all applicable taxes. If Fluentli does not receive payment from your credit card provider, you agree to pay all amounts due upon demand and Fluentli may suspend your access to the Paid Services or to the Service. You may cancel your use of a Paid Service or your account at any time. All sales are final and Fluentli will not issue refunds except as expressly provided in this Agreement. You acknowledge that Fluentli reserves the right to change its fees at any time.
At no time will you be charged without your prior knowledge and explicit consent.
The Service may include an opportunity for you to earn (including by completing actions or activities), buy, receive, or use a type of virtual currency (currently known as "Credits") to access certain content or other services available on the Service. You may be required to pay a fee using real-world money to obtain a license to use Credits. Regardless of what we call them, Credits are not real money, do not have monetary value, and may never be redeemed for "real world" money, or other items of monetary value from outside of the Service without Fluentli’s written permission. While Fluentli may use terms like "buy," "purchase," "sell," or "earn" in reference to Credits, this is only for convenience and such terms in no way indicate that Credits have monetary value or are real money. You acknowledge that Credits are not real currency and are not redeemable for any sum of money from Fluentli at any time. Fluentli makes no guarantee as to the nature, quality or value of the features of the Service or any content or services that will be accessible through the use of Credits, or the availability or supply of Credits.
Credits and access to content or services obtained via the Credits are provided to you under a limited, personal, revocable, non-transferable, non-sublicensable license for use within the Service. Credits and content or services obtained via the Credits may not be transferred or resold in any manner. You have no property interest, right or title in or to any such Credits or content or services accessed by using Credits. Furthermore, your Credits may be deducted in association with violations to posted content, community conduct, or activities on the Site you make which are associated with content that violates this Agreement.
All Credits and related content or services are forfeited if your account or access to the Service is terminated or suspended for any reason, in Fluentli’s sole and absolute discretion, or if Fluentli discontinues availability of some or all of the Service.
Fluentli has no liability for hacking or loss of your Credits, or content or services obtained via Credits. Fluentli has no obligation to, and will not, reimburse you for any Credits or any goods or services obtained via Credits that are lost due to your violation of this Agreement. Fluentli reserves the right, without prior notification, to limit the quantity of Credits or content or services for which you may redeem Credits, and may refuse to provide you with any Credits or associated content or services. Price, exchangeability, availability, and conversion value of Credits are determined by Fluentli in its sole discretion and are subject to change without notice. Fluentli may differentiate between types of Credits, including as to price, exchangeability, availability, and conversion value. You agree that Fluentli has the absolute right to manage, distribute, regulate, control, differentiate, modify, or eliminate Credits as Fluentli sees fit in its sole discretion, including referring to Credits by another name, and that Fluentli will have no liability for exercising that right. All redemption of Credits for access to content or services is subject to availability. All redemptions are subject to this Agreement and all limitations and requirements stated via the Service.
You agree that under no circumstances is Fluentli liable to you for any damages or claims that may arise from the loss or use of your Credits, regardless of the circumstances. You absolve Fluentli of any responsibility to maintain or update your Credits account. However, if there is a loss of Credits in your account due to technical or operational problems with the Service, Fluentli will refund the lost Credits once the loss has been verified. Without limiting any of the foregoing, Fluentli ‘s maximum liability or responsibility to you is to refund the Credits lost.
All acquisitions and redemptions of Credits are final. Once a Credit has been lost or redeemed, it will be subtracted from your account and cannot be refunded or returned, except in Fluentli’s sole discretion.
8. Fluentli Badge and Community Score System
Fluentli may offer you the opportunity to earn Badges by completing certain activities or events on the Service. Similarly, a Community Score will be associated with your account in the form of a number next to your name. Those members more active in the community will have a higher number. Badges and your Community Score are part of your user profile and can be used to determine your level of activity on the Service, but neither have any kind of redemption value.
9. Applicable Laws
You are required to comply with all applicable laws in connection with your access to and use of the Service, and such further limitations as may be set forth in any written or online notice from Fluentli. As a condition of your access to and use of the Service, you warrant that you will not use the Service for any purpose that is unlawful or prohibited by this Agreement. Use of the Service is for your personal and non-commercial use unless otherwise agreed in writing by Fluentli, and Fluentli does not grant you any express or implied rights to access or use the Service for any other purpose.
You are responsible for maintaining the confidentiality of the password and username you provided during the registration process, and you are fully responsible for all activities that occur under your password or account. You agree to immediately notify Fluentli of any unauthorized use of your password or username or any other breach of security.
12. Storage; Inactive Accounts
You acknowledge that Fluentli may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that questions, answers, comments, audio recordings or other uploaded content will be retained by Fluentli, the maximum number of messages or other content that may be sent from or received by an account on the Service, the maximum size of any message or other content that may be sent from or received by an account on the Service, the maximum disk space that will be allocated on Fluentli servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access Fluentli in a given period of time. You agree that Fluentli has no responsibility or liability for the deletion or failure to store any uploaded content maintained or transmitted by Fluentli. You acknowledge that Fluentli reserves the right to deactivate your account if it is inactive for longer than one year.
All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Service, and the selection, coordination, and arrangement of such content ("Content"), are owned by Fluentli or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Any reproduction, copying, or redistribution of the Content for commercial purposes is strictly prohibited without Fluentli’s prior written consent. Requests for permission to reproduce any Content must be made to firstname.lastname@example.org .
14. Trademark and Service Mark Rights
All rights in the product names, company names, trade names, logos, and designs of all Fluentli or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Fluentli or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Service confers on you any license or right under any patent or trademark of Fluentli or any third party.
15. User Content and Communications
For any User Content that you upload to the Service, you grant us and our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, and sublicensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display that User Content throughout the world in any media in order to provide and promote the Service and Fluentli’s business. You retain all rights in your User Content, subject to the rights granted to Fluentli in this Agreement. You may modify or remove your User Content via your Fluentli account or by terminating your Fluentli account.
You agree not to upload to the Service or otherwise post, transmit, distribute, or disseminate through the Service any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, inflammatory, abusive, inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches any duty toward or rights of any person or entity, including rights of publicity or privacy; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with Fluentli’s or its partners’ products and services, as determined by Fluentli in its sole discretion; or (f) in Fluentli’s sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Service, or which may expose Fluentli, its affiliates, or users to harm or liability of any nature.
Although Fluentli has no obligation to screen, edit, or monitor any User Content, Fluentli reserves the right, and has absolute discretion, to remove, screen, edit, or disable any User Content at any time and for any reason without notice. You understand that by using the Service, you may be exposed to User Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any User Content, including any loss or damage to any of your User Content. You further understand and agree that Fluentli may use or disclose any information related to you (including User Content) in order to investigate, prevent, or take action regarding activities that may be prohibited or unlawful, to exercise our legal rights under the Agreement, or otherwise to protect the rights and property of Fluentli or any third party.
16. Prohibited Uses Generally
Without limiting the foregoing, you agree not to:
Harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
Use the Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Service;
Use automated scripts to collect information from or otherwise interact with the Service;
Upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
Upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
Register for more than one account, register for an account on behalf of an individual other than yourself, or register for an account on behalf of any group or entity;
Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
Upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
Upload, post, transmit, share, store or otherwise make publicly available on the Service any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
Upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Intimidate or harass another;
Upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
Use or attempt to use another’s account, service or system without authorization from Fluentli, or create a false identity on the Service.
Upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Fluentli, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Fluentli or its users to any harm or liability of any type.
Violations of system or network security may result in civil or criminal liability. In accordance with this Agreement, Fluentli will investigate and work with law enforcement authorities to prosecute users who are involved in such violations.
17. Member Disputes
You are solely responsible for your interactions with other members of the Fluentli community. Fluentli reserves the right, but has no obligation, to monitor disputes between you and other members.
18. Third Party Software; Links to Third-Party Web Sites
Use of some portions of the Service, including certain Paid Services, requires you to download and install software from third party software vendors ("Third Party Software"). Fluentli is not responsible for any Third Party Software or your use of, or inability to use, any Third Party Software. Before you purchase any Paid Services that rely on the use of Third Party Software, you should confirm that you are able to download, install, and use that Third Party Software.
The Service may contain links to other websites ("Linked Sites"). Fluentli does not endorse, sponsor, recommend, or otherwise accept responsibility for any Linked Sites. In addition, Linked Sites are not under the control of Fluentli, and Fluentli is not responsible for the content or privacy practices of the Linked Sites, including, without limitation, links contained on Linked Sites or any changes or updates to Linked Sites. Fluentli is providing access to Linked Sites to you only as a convenience, and the inclusion of links to Linked Sites is not an endorsement by Fluentli in favor of any third party.
19. Notice of Copyright Infringement
Fluentli respects the intellectual property rights of others, and asks you to do the same. It is Fluentli’s policy to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on the Service in a way that constitutes copyright infringement, please contact Fluentli’s copyright agent at the address below and provide the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyright-protected work that you claim has been infringed; (c) the location on the Service of the material that you claim is infringing; (d) your address, telephone number, and email address; (e) a statement by you regarding your good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. By submitting a copyright infringement notice, you acknowledge and agree that Fluentli or its copyright agent may forward the information you provide in this notice to the person who uploaded the allegedly infringing material.
You may write to Fluentli’s designated agent for notice of copyright infringement via our contact form. Please include ‘Copyright Agent’ in the subject line.
United States of America
By submitting a copyright infringement notice, you acknowledge and agree that Fluentli or its copyright agent may forward the information you provide in this notice to the person who uploaded the allegedly infringing material. Fluentli will remove any content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or, more specifically, any statement in conformance with 17 U.S.C. § 512(c)(3)). United States law provides significant penalties for submitting such a statement falsely.
If you believe that your removed or disabled User Content is not infringing, or that you have the authorization or right to post and use that User Content from the copyright owner, the copyright owner’s agent, or pursuant to law, you may send a counter-notice containing the information required by Section 512(g)(3) of the Digital Millennium Copyright Act (17 USC § 512(g)(3)). Fluentli or its copyright agent will forward your counter-notification to the party who submitted the original copyright infringement claim. If the original claimant does not file an action seeking a court order to restrain you from engaging in infringing activity related to the removed or disabled User Content within 10 business days of receiving the counter-notice from Fluentli, then Fluentli may, in its sole discretion, reinstate the removed or disabled material.
20. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS." FLUENTLI MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THE SERVICE, LINKED SITES, OR OTHER CONTENT THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SERVICE. FLUENTLI DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FLUENTLI DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (a) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (b) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (c) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE, (d) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SERVICE OR OTHERWISE BY FLUENTLI , AND (e) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY FLUENTLI OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
FLUENTLI MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT THE INFORMATION PROVIDED THROUGH THE SERVICE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR (d) THAT THE CONTENT ON THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND FLUENTLI DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES.
21. Limitation of Liability
IN NO EVENT WILL FLUENTLI OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICE OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH USE OF THE SERVICE, YOU RELEASE FLUENTLI FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.
You will indemnify, defend and hold Fluentli and its licensors, suppliers, and processors harmless (and our respective employees, directors, agents, affiliates and representatives) from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to your use of the Service or any activity on the Service via your account, your violation of this Agreement, or your violation of any rights of a third party through use of the Service.
23. Choice of Law and Forum
This Agreement is governed by the laws of Washington, District of Columbia. The provisions of the United Nations Convention on the International Sale of Goods and the Uniform Computer Information Transactions Act, however designated, are excluded and will not apply to this Agreement or any transactions under this Agreement.
If you provide feedback to Fluentli regarding the Service ("Feedback"), you authorize Fluentli to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to us a perpetual and irrevocable license to use the Feedback in any manner and for any purpose.
25. No Waiver
The failure of Fluentli to enforce any provisions of the Agreement or respond to a breach by you or other parties will not in any way waive Fluentli’s right to enforce subsequently any terms or conditions of the Agreement or to act with respect to similar breaches.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Fluentli as a result of the Agreement or your access to and use of the Service. Unless otherwise specified herein, the Agreement constitutes the entire agreement between you and Fluentli and governs your use of the Service. If any portion of the Agreement is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions will remain in full force and effect.