The Terms become effective upon Your first use of the Portal. You acknowledge that You have read and understood the Terms and agree to be bound thereby.
1.1. “Content AI” means:
Content AI LLC, registered at 127273, Moscow, Municipal region Otradnoye, Otradnaya str., 2B, building 6, floor 3, room 1/3, Russia.
1.2. “Service” means the software-hardware complex that facilitates the operation of the Lingvo Live software, including but not limited to the following features: translating words and phrases, listening to audio pronunciation, using flashcards, communicating with other users, synchronization of data in the Portal and/or in the Application and other services provided by Content AI. The Service can be accessed using the Portal and/or the Application, which are both a part of the Service.
1.4. “Application” means the mobile application for devices running the Android operating system (available at https://play.google.com/store/apps/lingvolive) or the iOS operating system (available at https://apps.apple.com/us/app/id900443557), including all built-in components and components provided via the Internet or other means, such as executable files, help files, demonstration files, example files and other types of files; libraries, databases, samples and accompanying materials (such as images, photographs, animated images, audio and video components and music), printed materials and other components of the Application. In addition to Service functionality the Application contains non-free Premium Features. The use of the Application is governed by its own End-User License Agreement available in the Application.
1.5. “Registration” means the procedure whereby the User fills out the registration form and activates a name, last name, e-mail and a password (includes the confirmation of the e-mail address) or authentication through the accounts in certain third-party services (Google, Vkontakte). To use the Service, User shall register and provide certain information about him/herself. Some features of the Service are not accessible to unregistered users. Registration is free. User can sign in to the Service from the Portal or install and start the Application.
1.6. “Profile” means a section of the Service containing a portion of User Account information (including a username, a user pic (any picture added by User) as well as information “about yourself”, knowledge of languages, translated words, translated word combinations, translated texts, sentences, collections of sentences, texts, documents, audio files, image files, messages, comments, and/or any other content uploaded by User to the website or a mobile application of the Service) available for viewing by other Users unless access to it is not restricted by the User to the limits of the Service’s functional capabilities. THE DATA PROVIDED BY USERS DURING REGISTRATION AND IN THE PROCESS OF USING OF THE SERVICE, INCLUDING THAT SPECIFIED IN THE FIELD "USER NAME", "USERPIC", "ABOUT YOU" UNDER NO CIRCUMSTANCES SHALL BE CONSIDERED BY CONTENT AI AS USER'S PERSONAL DATA. THESE DATA ARE VIEWED AS ANONYMIZED. ANY INDICATION OF ACTUAL DATA WHICH IDENTIFY USER IN THESE FIELDS OR OTHER PARTS OF THE SERVICE SHALL BE DONE BY USER ENTIRELY AT USER'S OWN RISK.
2. Access to the Portal
2.1. By using the Portal the User affirms that:
(a) he/she is of legal age, or
(b) he/she is not a person who is either barred or otherwise legally prohibited from receiving or using the Service under the laws of the country in which he/she is a resident or from which he/she accesses or uses the Service.
3.1. To make full use of the Portal, the User must create an Account by filling out a registration form. An Account shall be created upon registration on the Service by means of the Portal or the Application. The Account enables Content AI to identify and authorize each User by way of an email-address and a unique password or by accessing the Service from a social networking website such as Google or Vkontakte. If a User accesses the Service from a social networking website, he/she shall comply with the Terms of Service of the social networking website. The email and password for the Account access shall be determined independently by the User upon registration on the Service and may be modified by the User. The procedure is described in the Terms. The password as well as the User's email-address are confidential and shall not be disclosed except as permitted by law.
Providing an email-address (login) and password (authorization) allows Content AI to authorize message sender as well as to protect communication from fraud. Adding User’s name to any User messages shall be performed automatically and only after authorization.
3.2. By accepting these Terms and submitting data in the associated Account, the User agrees to the processing of the account data posted by the User on the Service (via the Portal) by Content AI. These account data shall be published in the User’s Profile. The User agrees that the account data published in his/her Profile except for the email-address is public information and Content AI and/or third parties authorized by Content AI shall use this information for the purpose of determining which features of the Service may be potentially interesting to the User. Content AI, in the course of processing the account data, is entitled to perform the following actions: collection, systematization, storage, use, transfer to third parties (including cross-border transfer and transfer of anonymized statistical data), and destruction.
3.3. Processing of the User’s account data shall be performed starting from the time of registration of the User’s Account until the Account is deleted unless otherwise stipulated by current laws. After Account registration is completed, the User shall have the right to populate his/her Account, Profile, and other elements of the Service and the Portal with Content, join discussions, and use other features provided by Content AI, upon the condition that the usage of the Portal is compliant with these Terms.
3.4. The User agrees that the account data may also be disclosed to third parties in cases stipulated by applicable legislation, as well as for protection of rights and interests of the User, Content AI and third parties for the purpose of detection, investigation and suppression of illegal actions.
3.5. Users who have previously registered an Account shall pass an authorization procedure each time they log onto the Service by entering their email address and password, following a hyperlink received by e-mail, or by way of automatic authorization based on cookies if applicable or other technological means available and permitted by Content AI.
3.6. The User understands and consents that Content published by him or her on the Portal is publicly available and shall not be deleted in any cases except for those stated in paragraph 6.4 of these Terms. The User understands and consents that the User Account information can be changed by the User him-/herself any time by introducing changes to the following information in the User’s Account: a username, a user pic, “about yourself”, knowledge of languages. The following information in the User’s Account shall not be deleted: posts of translated words, translated word combinations, translated texts, sentences, collections of sentences, texts, documents, audio files, image files, messages, comments, and/or any other content uploaded by User to the website or a mobile application of the Service) available for viewing by other Users unless access to it is not restricted by the User to the limits of the Service’s functional capabilities or has not been deleted by Content AI in accordance to paragraph 6.4 of the Terms. The User agrees that after the User introduces changes to his/her Account, data the earlier published Content shall be remained published but with the changed Account data.
3.7. A person authorized on the Service or on the Portal shall be deemed the appropriate holder of a User's Account, for which access and management has been obtained as a result of this authorization.
3.9. Should authorization become impossible due to a lost password, Account blocking, or other reasons, the User may contact the Content AI support service or follow the instructions listed in the Help section and other sections of the Service. Access restoration methods for the User’s account and authorization may be modified, revoked, or enhanced unilaterally by Content AI.
4. Use of the Service
4.1. Under the Terms, Content AI shall grant to the User the right to use the Service as software, database and the Portal under a simple non-exclusive license, including access to the features of the Service and the information published therein within the scope specified in the Terms.
4.2. Before using the Service, the User shall be obligated to read the Terms as well as all of the applicable rules and documents posted on the Service in the relevant sections of the Service/on the Portal, including at: https://lingvolive.com/about/terms.
4.3. Upon filling in the registration form and reading the Terms, the User shall accept the Terms by clicking on the “Register” button or equivalent, which is considered as acceptance of the Content AI offer as well as a conclusion of a contract requiring the User to observe the terms and conditions of the Terms including the rules applied on the Service.
4.4. De facto use of the Service without Account registration in the form of and to the extent of access without registration shall also be considered as acceptance of these Terms.
4.5. The right to use the Service, except its Additional Functionalities available in the Application, shall be granted to the User free of charge.
4.6. The User may use the Service as follows:
4.6.1. Use of the Service’s functionality, including participation in the development of the Service by creating an Account and a Profile, modification of the Service Content in the course of such participation and interacting with other Users in compliance with the rules provided in the Terms.
4.6.2. Reproduce any elements of the Service for personal use such as posted information and/or Content, by copying it into the memory of the User's personal computer and/or a mobile device (download). Should any Content be subject to copyright or consist of personal images (photographs) of other Users or third parties, the User shall also obtain consent of such persons for such reproduction.
4.7. The User shall not:
4.7.1 Reproduce, distribute, or process the elements of the Service, the copyright for which is owned by Content AI, other Users, or third parties, without permission of their respective owners;
4.7.2 Reproduce the design elements or user interface of the Service to create websites or for any business activity in the World Wide Web or outside it;
4.7.3 Distribute outside the Service audiovisual displays or account data of other Users present on the Service without the consent of the above mentioned Users;
4.7.4 Transfer the Service and/or usage rights granted to the User to other Users or third parties by entering into a sublicensing Terms or in any other way.
5. Content and Content Rights
5.1. Content: text, translation, illustrations, design elements, graphic images, photographs, scripts and other items subject to intellectual property as well as subsidiary or compiled work, posted on the Service for which the rights are held by Content AI, Users or other entities.
5.2. Content AI shall undertake commercially reasonable efforts to ensure the functionality of the Service at all times but cannot guarantee the absence of downtimes associated with technical malfunctions or preventive maintenance and does not guarantee full or partial availability of the Applications either. Content AI does not warrant that the Service or any of its elements, including but not limited to the Portal, will operate at any given time in the future or that they will not cease to operate.
5.3. Content AI cannot guarantee and does not promise any specific results from the use of the Service or its components.
5.4. When using the Service, the User shall take precautions with respect to Content, particularly Content posted by other Users when following hyperlinks posted on the Portal; when using any files, including software, in order to avoid negative effect of malicious software on the User's computer, unauthorized access to the Account, password attacks, or any other negative consequences for the User.
5.5. By posting Content on the Service, the User grants Content AI the rights to use the Content for the purposes of improving the quality of the Service and ensuring the functionality of the Service via appropriate methods.
5.6. Reproduction, copying, collection, systematization, storage, and transfer of information from the Service for commercial purposes and/or retrieval of the database of the Service or its use in whole or in part by any means is not permitted without Content AI’s consent. The use of automated scripts (programs, bots, and crawlers) to collect information and/or to interact with the Service without Content AI’s consent is not permitted.
5.7. User is solely responsible for the information that he or she posts on, through or in connection with the Service and that he/she provides to others. Content AI may reject, refuse to post or delete any Content for any or no reason, including, but not limited to, Content that in the sole judgment of Content AI violates the Terms.
6. General Obligations
6.1. Content AI shall provide ongoing management of the Service, determine its structure, permit or restrict Users’ access to the Service in the event of violation of the Terms, and exercise other rights afforded to it.
6.2. With respect to providing means for interaction between Users, Content AI shall act only as an entity that has organized the technological means for such interaction (information broker). Transmission, storage and access to the information, graphic images, and other materials provided by Users via the Internet and the Service software shall be performed without modification of such materials.
6.3. Content AI shall take decisions related to advertising placement on the Service, participation in affiliate programs, etc. at its sole discretion.
6.4. Content AI shall have the right to:
6.4.1 Change the design and user interface of the Service, its content, the set of features provided, including Additional Service Functionality, to modify or enhance the scripts and software being used, Content AI’s Content, and other objects used or stored on the Service and/or on the Portal, any Applications and server applications at any time to with or without notifying the User.
6.4.2 Delete, without any justification and without notice, any Content or information, including Content that in the Content AI’s opinion violates and/or may violate the applicable laws, the provisions of the Terms, the rights of other Users or third parties, cause them damage, or threaten their safety.
6.4.3 Suspend, restrict, or terminate the User’s access to all or any sections of and/or elements of the Service and to remove any content created by User at any time without justification.
6.4.4 Change data of the User’s Account at its discretion without compensation for any expenses, damages, or repayment of anything received in accordance with the Terms, including in the event of violation by the User of the applicable laws or the provisions of the Terms.
6.4.5 Provide to the User, for a fee, Additional Service Functionality Usage rights on the terms stated in the End-User License Agreement available in the Application.
6.4.6 Send messages to the Users (including e-mail messages to email provided by User), to notify of introducing new or of retiring old Service features and of new posts and translations, etc. containing information about the Service features, including Additional Functionalities as well as of non-compliance with the Terms.
6.4.8 Identify and maintain information about IP addresses used by the User to access the Service and use files containing technical information (cookies) stored on the personal computer of the User for the purposes of User’s authorization and statistical data collection.
6.4.9 Take steps that are not forbidden by law to protect Content AI’s intellectual property rights in relation to the Service.
6.5. Content AI undertakes the following obligations:
6.5.1. To provide, under the conditions set out in the Terms, the right to the User to use the Service as software and/or a database, within the limits stipulated by the Terms.
6.5.2. To notify the User of changes in the Terms by publishing or updating information on the Portal or sending messages within the Service.
6.6. The User may:
6.6.1. Adjust the settings of the Account and the Profile, change the username and password, email-address, his/her user pic as well as information about him/herself.
6.6.2. Post information in his/her account, add translation requests, translated words, translated word combinations, translated texts, sentences, collections of sentences, texts, documents, notes etc. and comment on them.
6.6.3. Search for other Users including searches based on information known to the User and matching information posted on the Profile of the sought User.
6.6.4. Carry out other actions that are not prohibited by the applicable laws or these Terms with respect to the use of the Service.
6.7. The User shall:
6.7.1. Abide by the rules of the Terms without any exceptions.
6.7.2. Provide valid information at the time of registration with the Service and Account creation.
6.7.3. Not exceed the limits of the use of the Service as set out in Section 4 of the Terms.
6.7.4. Not violate in any other way the intellectual property rights of Content AI with respect to the Service or any of its elements.
6.7.5. Independently take appropriate measures to ensure the safety of his/her Account and Profile and prevent unauthorized access by third parties.
6.7.6. Follow Content AI’s instructions, in particular those given by Content AI to the User or a group of Users on the Service Customer (User) Support Page or in news messages. Should the User fail to follow such instructions, Content AI shall have the right to suspend, restrict, or terminate providing the User the rights to use the Service or some of its features, including Additional Service Functionalities.
6.7.7. Notify Content AI of all actions performed towards the User on the Service that could be construed as offensive, derogatory, defamatory, etc.
6.7.8. Regularly review the content of the Terms posted online at https://lingvolive.com/about/terms and monitor the amendments thereto.
6.7.9. Comply with other requirements and perform other obligations set forth in the Terms and posted in sections of the Portal and/or Service.
6.8. The User is not allowed to:
6.8.1. Collect account data of other Users.
6.8.2. Use any automatic or automated means of collecting information placed on the Portal and/or on the Service.
6.8.3. Carry out propaganda or advocacy instigating social, racial, national, or religious hatred, propaganda of war or social, racial, national, religious, or linguistic supremacy.
6.8.4. Publish on the Service restricted information (confidential information) of third parties, unless the User has sufficient authority under the law or the contract for the disclosure of this information.
6.8.5. Post, reproduce, process, distribute, publish on the Service, communicate to the public, or otherwise use in whole or in part the Content that belongs to Content AI, other Users, or third parties and that is subject to copyright or other exclusive rights without prior permission of the right holder, except for as provided by the Terms and the applicable laws as well as instances, in which the copyright holders explicitly consented to a free use of their own content by any person. By posting Content to the Service the User acknowledges that he/she has obtained all the required rights to perform this action.
6.8.6. Publish on the Service in publicly accessible form (in comments and/or in posts, questions or answers) graphic images, or materials that are offensive to other Users or other persons, or may be regarded as such, as well as messages, graphic images, or other materials that discredit Users or other persons, contain threats, or incite violence, criminal violations, information that promotes suicide, antisocial or immoral actions, or any other acts contrary to the principles of public order and morals and other information of illegal nature as well as any other information which, in Content AI’s opinion, is not consistent with the policies and objectives of the Service.
6.8.7. Publish on the Service materials of erotic and pornographic nature or hypertext links to websites containing such materials.
6.8.8. Publish on the Service advertising or other information on controlled or psychotropic substances, including information on the distribution of controlled substances, recipes for manufacturing them, and directions regarding usage, as well as publish information of an extremist nature.
6.8.9. Send unsolicited communications, promotions or advertisements, or spam.
6.8.10. Publish on the Service information that infringes upon the rights of minors.
6.8.11. Publish on the Service information about third parties, including contact details of other Users or other persons without their prior consent.
6.8.12. Register a User account in order to use it by a group of persons or an organization, except when the account is registered with the sole purpose of advertising agreed upon with the business department of Content AI.
6.8.13. Register more than one User Account for a single person.
6.8.14. Carry out actions aimed at destabilizing the functioning of the Portal and/or the Service; attempt unauthorized access to the management of the Service or their sections with restricted access (including sections to which access is allowed only to Content AI); or perform any other similar actions.
6.8.15. Gain unauthorized access to other User Accounts by password attack or password guessing or attempt to gain such access.
6.8.16. Perform spamming, via comments, posting on User’s Profile, or perform other actions aimed at disseminating such information if the recipient Users have not expressed their consent to receive such information.
6.8.17. Publish information on the Service that promotes, advertises, or increases the popularity of tobacco or tobacco products, pharmaceutical drugs, controlled substances, alcohol drinks.
7. Guarantees and Liability
7.1. The User hereby warrants that by placing information, Content, or other legally protected intellectual property, or copies or parts thereof, or other materials, on the Service he/she is not in violation of anyone's rights or legitimate interests. In the event of complaints by third parties in connection with breaches of the Terms by posting information and/or Content of third parties, Content AI shall be entitled to transfer, to the extent permitted by law, the User’s contact information available to Content AI to the claimants in order to settle the dispute.
7.2. Content AI shall ensure that, for communication between Content AI and the User, Content AI uses the User’s email address as indicated in the User’s Account data to send notification messages to the User, unless otherwise provided in the Terms or applicable law.
7.3. Content AI shall play no part in forming the content of the User's Profile nor shall it control the actions of the User. Content AI shall have no technical ability to carry out automatic censorship of information in the publicly accessible areas of the Service or in the Users’ Profiles, if this Content does not violate applicable law, or bear responsibility for the acts or omissions of the User.
7.4. Content AI shall not be liable for any failures or interruptions in the functioning of the Service or information loss caused by such failures or interruptions. Content AI shall not be liable for any damage to the User’s computer, mobile devices, or any other hardware or software caused by or associated with the use of the Portal or other websites accessible by hyperlinks posted on the Portal.
7.5. Content AI shall not be liable for password attacks used by a third party to access the User’s account or any acts committed by third parties using the User’s Account.
7.6. Content AI shall not be liable for any damages, including lost profits or damage resulting from the use of the Service, Content published therein, or other materials to which the User or other person gained access through the Service, even if Content AI has been warned or is aware of the possibility of such damage or loss.
7.7. The User shall be responsible for wrongful acts carried out using his/her Account as well as in connection with the Content posted using his/her Account on the Service, on the Profile(s) of the User or other Users, in comments, or other sections of the Service.
7.8. The User shall be personally liable for any Content or other information that he/she posts on the Service or otherwise communicates to the public on the Service or by using it.
7.9. Hyperlinks to any site, product, service, or information posted by the User on the Service, or on Profiles shall not constitute endorsement or recommendation of the above mentioned products (services) on the part of Content AI. Content AI shall not be liable for damage caused to the User as a result of following such hyperlinks.
7.10. Content AI shall not be liable for any unlawful acts of the User or any third party while using the Service.
7.11. Content AI shall not be responsible for the statements the User publishes on the Service.
7.12. Content AI shall not be liable for any loss by the User of access to his/her Account on the Service.
7.13. Content AI shall not be responsible for incomplete, inaccurate, or incorrect data entered by the User when creating the User’s Account or Profile.
7.14. Content AI shall not bear responsibility for User Internet access unavailability or the quality of services of Internet service providers with whom the User has a contract for the provision of Internet access.
7.15. Content AI shall not reimburse Users for costs associated with the acquisition by the User of rights to Additional Service Functionalities including instances of suspension or termination of access to the Service or suspension or termination of the Terms for any reason unless expressly provided for under applicable law.
7.16. Under any circumstances, Content AI’s liability to the User is limited to the amount of 1000 (one thousand) Russian rubles, while loss of profit is not subject to reimbursement unless expressly provided for under applicable law.
7.17. Content AI shall not be liable for providing the User with any evidence, documents, etc. to prove that the User has violated the conditions of the Terms, violation of which resulted in denial of access to the Service or its individual features for the User, including Additional Service Functionalities, or discontinuation and/or restriction of such access.
7.18. User complaints sent to Content AI shall be accepted and reviewed provided that the Account’s belonging to a particular person can be established as fact. Considering possible existence of Accounts with similar credentials, Content AI may request additional data and information to determine which Account the complaint is related to or to establish the ownership of the Account by the person who filed the claim.
7.19. Content AI shall not be held responsible for any harm to the health of the User, which may be caused to the User in connection with the use of the Service.
The Service, including all scripts, Applications, Content, Portal design, and mobile version of the Portal are provided "as is". Content AI makes no guarantee that the Service or its elements may be suitable for any specific purpose of use.
WHEN PERMITTED BY LAW, CONTENT AI WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF CONTENT AI FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, CONTENT AI WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
8. Jurisdiction and Period of Validity
8.1. The User shall have the right to use the Service in the ways described in the Terms throughout the entire territory of the United States of America, the Russian Federation as well as other areas where it is accessible using standard computing tools and programs.
8.2. The Terms go into effect from the moment its conditions are accepted by the User and are valid for one calendar year.
8.3. The validity of the Terms is automatically renewed each subsequent year until its expiration.
8.4. Content AI reserves the right at any time and without informing the User or providing a reason to unilaterally and extra judicially discontinue the Terms with immediate removal of access to and the ability to use the Service without compensation for any expenses, damages, or repayment of anything received in accordance with the Terms in case of any violation on the part of the User of the conditions of the Terms and any other cases specified by Content AI on the pages of the Portal, unless otherwise expressly stipulated by applicable legislation.
8.5. The User agrees and fully acknowledges that all exclusive rights and required software licenses that make up any part of the Service and/or are used in its administration and function, including audiovisual representations and the graphic design of the Service, photographs, animations, videos, clips, sound recordings, sound effects, music, and the textual elements of the Service, with the exception of Content uploaded to the Service by Users, are property of Content AI unless otherwise clearly stated in the Terms.
8.6. The Terms do not permit transfers from Content AI to the User of any exclusive rights or distribution of exclusive licenses for any components of the Service.
9. Governing Law
9.1. This Terms shall be governed by and construed in accordance with the laws of the Russian Federation. If You are an entity or a sole proprietor, the Arbitrazh Court of Moscow, the Russian Federation, shall have exclusive jurisdiction over all disputes relating to this Agreement. If You are an individual person, the Butyrsky District Court of Moscow, the Russian Federation, shall have exclusive jurisdiction over all disputes relating to this Agreement.
10. Final Provisions
10.1. The Terms may be altered unilaterally by Content AI without any prior notification by publishing related notice on the Service. Any changes to the Terms go into effect the day after they are published on the Service. The User is obligated to independently review changes made to the Terms. Any unfamiliarity on the part of the User with the Terms and/or changes made to it may not serve as a basis for non-observance by the User of the limitations set by the Terms. Actual use by the User of the Service after changes are introduced means that the User agrees with the new conditions of the Terms.
10.2. The invalidity of one or more provisions of the Terms recognized has no bearing for the Parties on the validity of the Terms as a whole. If one or more provisions of the Terms are recognized to be invalid, the Parties shall be obligated to fulfill the commitments laid out in the Terms in a manner as close as possible to that implied by the Parties when agreeing to changes made to the Terms.
10.3. All disputes brought by the Parties regarding the Terms shall be resolved by pre-trial (complaint) correspondence and negotiation. If no agreement can be reached between the Parties via negotiations within 60 calendar days from the receipt of the complaint by the other Party, the dispute shall be submitted for settlement by either interested Party to a court indicated in Section 9 of the Terms.
10.4. The process listed for each Application on that Application’s page within the Service for reviewing offers, claims, and disputes related to Applications published in the Service and developed by third parties is an essential part of the Terms. In accordance with the process laid out above, all communications, statements, offers, claims, and other requests in reference to Applications are sent by the User directly to the developers of those Applications using the contact information available on the appropriate Application’s page in the Service.
10.5. Questions related to the fulfillment of these Terms should be directed to Content AI, located at 127273, Moscow, Municipal region Otradnoye, Otradnaya str., 2B, building 6, floor 3, room 1/3, Russia.