Terms and Conditions

Last modified: January 22, 2023

Acceptance of Terms

THESE TERMS OF SERVICE (“TERMS”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU” OR “YOUR”) AND LINGOODIE FINANCIAL, INC. (“LINGOODIE”). BY DOWNLOADING, INSTALLING ANY LINGOODIE APPLICATION (THE “APPLICATION”) AND USING IT IN CONNECTION WITH OTHER SERVICES PROVIDED BY LINGOODIE OR OTHERWISE ACCESSED THROUGH THE USE OF THE APPLICATION (SUCH SERVICES AND THE APPLICATION COLLECTIVELY, THE “SERVICE”) YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SERVICE. IMPORTANT NOTE: These Terms contain a Dispute Resolution And Arbitration Provision, including Class Action Waiver that affects your rights under these Terms and with respect to disputes you may have with Lingoodie. You may opt out of the binding individual arbitration and class action waiver as provided below. Lingoodie reserves the right, in its sole discretion, to modify or change these Terms at any time by posting the changes on or within the Application or other parts of the Service or on at lingoodie.com (this “Site”). Your continued use of the Service following the posting of such changes constitutes Your acceptance of the revised Terms. If the modified Terms are not acceptable to You, Your only recourse is to discontinue Your use of the Service. You agree that Lingoodie may change any part of the Service, including its content, at any time or discontinue the Service or any part thereof, for any reason, without notice to You and without liability.

Third-Party Disclaimer

You agree and acknowledge, as condition of participating in the Service, that Facebook, Instagram, Twitter, Google (Alphabet, Inc.), and Apple (Apple, Inc.) does not sponsor, endorse, administer, and is in no way associated with, the Service. All questions regarding the Service must be directed to Lingoodie, not third parties. You also agree that as a condition of participating in the Service you shall release the above listed third parties from any and all liability arising out of your participation in said Service.

Privacy

Lingoodie will only use any personal information that You provide in connection with Your use of the Service in accordance with the terms of our privacy policy (“Privacy Policy”) available within the Application and on the Site here. By accessing or using the Service, You consent to the collection, use and storage of Your information as outlined in the Privacy Policy. Questions regarding privacy issues should be directed to our customer service department at hello@lingoodie.com.

Account Information

In order to access and use the Service (including, but not limited to accumulating and redeeming Lingoodie Points and Rewards (as defined below)) and to post any User Content (as defined below), You must create an account with Lingoodie. By creating an Account with Lingoodie, You agree to the following rules to protect the security of Your Account:

  1. You shall not share Lingoodie Account login details (included login details of your Facebook or Google account), nor let anyone else access Your Lingoodie Account (including your Facebook or Google account to the extent those are linked with your Lingoodie Account) or do anything else that might jeopardize the security of Your Lingoodie Account (or your Facebook or Google account to the extent those are linked to your Lingoodie Account). Lingoodie will not ask You to reveal Your Facebook, Google, or e-mail password and will not initiate contact with You asking for answers to Your Facebook or Google password security questions;
  2. In the event You become aware of or reasonably suspect any breach of security, including, without limitation any loss, theft, or unauthorized use of Your Lingoodie Account, Facebook account, or Google account, or any email/password combination used by your Lingoodie Account. You will immediately notify Lingoodie and modify Your Facebook or Google login, to the extent they are linked to your Lingoodie Account;
  3. You are solely responsible for maintaining the confidentiality of Your Lingoodie Account;
  4. You are responsible for anything that happens on your Lingoodie Account, whether or not such actions were taken by You. You therefore acknowledge that Lingoodie may suspend Your access to or terminate Your use of the Service if someone else uses it to engage in any activity that violates these Terms;

Any personal information You provide to us, which may include Your name, birth date and email address, will be held and used in accordance with Lingoodie’s Privacy Policy, which is herein incorporated by reference. You agree that You will supply accurate and complete information to Lingoodie, and that You will update that information promptly after it changes.

License

To use the Service You must have a mobile device that is compatible with the Application.  Lingoodie does not warrant that the Application will be compatible with your mobile device.  If you decide to use the Service, subject to Your agreement and compliance with these Terms, the Privacy Policy, and applicable terms and conditions of our partners. Lingoodie hereby grants You a non-exclusive, non-transferable, revocable license to install and use an object code copy of the Application for one registered account on one mobile device owned or leased solely by You. You may only utilize Lingoodie app on one device at a time. You may not have multiple accounts, even if you have multiple devices. Lingoodie also grants You a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to access and use those portions of the Service that are not part of the Application.  Use of the Service shall be solely for Your own, private, non-commercial entertainment purposes and for no other purpose whatsoever. Lingoodie can terminate this license at any time and with or without any reason. If the Service or any part thereof is determined to be illegal under the laws of the jurisdiction in which You are situated, You shall not be granted any license to use the Application or any other part of the Service, and must refrain from using it.  You may not: (i) modify, disassemble, decompile or reverse engineer the Application; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Application to any third party or use the Application to provide time sharing or similar services for any third party; (iii) make any copies of the Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Application, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the Application; or (v) delete the copyright and other proprietary rights notices on the Application.  You acknowledge that Lingoodie may from time to time issue upgraded versions of the Application, and may automatically electronically upgrade the version of the Application that You are using on Your mobile device, but that Lingoodie has no obligation to do so. You consent to such automatic upgrading on Your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Application or any copy thereof, and Lingoodie and its third party licensors or suppliers retain all right, title, and interest in and to the Application (and any copy of the Application). Standard carrier data charges may apply to Your use of the Application.

Virtual Items

Your use of the Lingoodie Applications may allow you to Virtual Items (“Virtual Items”) such as Rewards and Lingoodie Points, in various ways. You do not in fact “own” the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of bitcoin or its equivalent. Rather, by “earning” Virtual Items, You are granted a limited license to use the software programs that manifest themselves as the Virtual Items. In the event Lingoodie encounters issues with any of the Lingoodie-owned apps that impact the accumulation of Virtual Items, Lingoodie reserves the right to correct any such errors. Lingoodie prohibits and does not recognize any purported transfers of Virtual Items effectuated outside of the Service, or the purported sale, gift or trade of anything that appears or originates in the Service, unless otherwise expressly authorized by Lingoodie in writing. Accordingly, You may not sublicense, trade, sell or attempt to sell in-app Virtual Items for real money, or exchange Virtual Items for value of any kind outside of a Lingoodie app, without Lingoodie’s written permission. Any such transfer or attempted transfer is prohibited and void, and will subject Your Account to termination. You acknowledge and agree that Lingoodie shall have no liability for loss of Virtual Items due to any unauthorized third-party activity, such as hacking, phishing, password mining, social engineering, and/or any other unauthorized third-party activity. Lingoodie owns, has licensed, or otherwise has rights to use all of the content that appears on or in the Service, including all such content owned by our Rewards Partners and their affiliates. Notwithstanding any provision to the contrary herein, You agree that You have no right or title in or to any content that appears in the Service, including without limitation the Virtual Items therein, whether “earned” in the app or “purchased” from Lingoodie.

Accumulating Lingoodie Points

You may accumulate points on our platform (“Lingoodie Points”) by taking certain actions while using the Services. Lingoodie Points have no monetary value. For Android users: Lingoodie Points are platform-wide loyalty points earned by taking certain actions, such as by learning a language, referring friends or “liking” certain aspects of the Service. The foregoing list is solely for purposes of example and explanation and is not meant to be exclusive or exhaustive. For iOS users: Lingoodie Points are platform-wide rewards earned for certain outcomes, such as registering a Lingoodie account or winning a competition against an opponent.

Redeeming Lingoodie Points

If you elect to redeem Lingoodie Points in your Lingoodie Account for cryptocurrency, upon request through specific means and subject to minimum amounts and limitations set out in the Service, such cryptocurrency may be paid out to you by Lingoodie (or a third party payment processor on our behalf). Upon submitting your request for payment, Lingoodie may, in its sole discretion, for any reason whatsoever, reject, cancel or terminate such request or payment, as applicable. If your request for payment is approved by Lingoodie, information will be sent to our third party payment processor and such payment will be processed on behalf of Lingoodie using their service. Currently, Lingoodie requires you to use Coinbase to receive the cryptocurrency, and will not honor requests for redemption through any other means. You do not need to have a Coinbase account upon redemption, but will be required to create and validate a Coinbase account to claim your cryptocurrency within 30 days of the redemption request or as required by Coinbase. Coinbase will ask you for certain identifying information for compliance reasons during the account creation process. Once we process a redemption request and send the cryptocurrency to the email address You provided, we will deduct the applicable number of Lingoodie Points from your account. Redemption requests are irreversible. You are responsible for setting up your Coinbase account and keeping the account in good status to claim the cryptocurrency. Lingoodie makes a best effort to process redemption requests, but does not ensure that such requests will be honored. To the extent our payment processor rejects the transaction, we will attempt to process the transaction for a few more days. If the payment processor continues to reject the transfer, we will discontinue redemption attempts and will expire your Lingoodie points. Lingoodie is not responsible for reporting or paying any applicable taxes or processing fees in respect of any Lingoodie Points you redeem for cryptocurrency. You are responsible for and agree to promptly pay, all charges, including applicable taxes and processing fees in respect of any Lingoodie points you redeem for cryptocurrency. Personal information that you submit during the payment process is subject to our Privacy Statement. You may only send one redemption request every seven (7) days. You agree and accept responsibility for keeping all your Lingoodie Account information current, including email address and Coinbase payout address. Lingoodie reserves the right to change the number of Lingoodie Points awarded, conversion rates, fees and charges associated with the Service at any time and from time to time without any notice to you or any other person or any liability. Lingoodie Points have no cash or monetary value and are non-transferable. You may not sell, trade, barter, bequeath or in any way transfer any Reward to any other party. Any attempt to do so will invalidate the Reward and may result in the termination of Your Account.

Inactive Accounts

If You do not use your Account by learning a language on a Lingoodie Application to completion at least once every 30 days, Your Account will be deemed inactive. You can, at any time, reactivate Your Account by learning a language on a Lingoodie Application to completion. When an Account has been deemed inactive, Lingoodie may, at its own discretion, expire any Virtual Items, Lingoodie Points, or Rewards accumulated by You. Once Your account is deemed inactive, any Rewards which have been purchased but not yet redeemed may also be expired at the discretion of Lingoodie. YOU AGREE THAT LINGOODIE AND ITS PARTNERS AND AFFILIATES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY YOU AGAINST ANY LIABILITY FOR INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS (INCLUDING YOURSELF) OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM YOUR INACTIVITY ON THE SERVICE OR ACCEPTANCE, POSSESSION, MISUSE OR USE OF ANY PAYMENTS FROM LINGOODIE.

Third Party Providers of Goods and Services

Occasionally, we partner with third parties (“Reward Partners”) to provide additional opportunities for You to earn Virtual Items. Rewards Partners reserve the right, in their sole discretion, to change, amend, suspend, cancel, or terminate any reward program they offer or any aspects and/or terms and conditions thereof, in whole or in part, at any time, with or without notice and for any or no reason. Any such changes may affect Your ability to earn certain Virtual Items that You have accumulated through Your use of the Service. You hereby agree that Lingoodie shall have no liability to You as a result of such action any Rewards Partner.

Termination

Lingoodie may terminate or suspend Your Account (including, but not limited to, suspending your ability to earn and redeem Virtual Items) and/or Your access to Service (including, but not limited to, restricting your ability to use the Applications) at any time, including for breach of these Terms, registering with temporary or disposable email services, registering with invalid emails, registering with private domains, using VPNs, learning a language on multiple devices simultaneously, or otherwise, without notice. Upon any such termination, Your access to the Service, including all User Content (as defined below) and Virtual Items, will be disabled and You will lose any Lingoodie Points that you have accumulated. You may cancel Your Account at any time by discontinuing Your use of the Service and/or the Applications. Lingoodie is in no way liable to You for the effects of any termination or cancellation on Your use of the Service or the Virtual Items You have accumulated.

General Rules of Conduct and Usage

You represent and warrant that You have full right and authority to use the Service and to be bound by these Terms. You agree that You will comply fully with all applicable laws, regulations, statutes, ordinances, and the Terms herein. You undertake that You shall not defraud, or attempt to defraud, Lingoodie or other users, and that You shall not act in bad faith in Your use of the Service. If Lingoodie determines that You do act in bad faith in violation of these Terms, Lingoodie may, at its sole discretion, make adjustments to the number of Lingoodie Points associated with Your Account, terminate Your Account and/or prohibit You from using the Service. By way of example, You specifically agree that You shall not:

  1. Create false personas, multiple identities, multiple Accounts, set up an Account on behalf of someone other than Yourself or otherwise attempt to override or avoid any Lingoodie Points or Virtual Items limits or restrictions established by Lingoodie and/or any Rewards Partner;
  2. Engage in any activities that circumvent advertisements, defraud Rewards Partners, or attempt in general to defraud Lingoodie;
  3. Use Lingoodie application on multiple devices simultaneously;
  4. Use the Service if You are located in a country embargoed by the United States, European Union or its members, or if You are on the U.S. Treasury Department’s list of Specially Designated Nationals;
  5. Use the Service for any commercial purpose or for the benefit of any third party or in a manner not permitted by these Terms;
  6. Access, tamper with, or use non-public areas of the Service, Lingoodie computer systems, or the computer systems of our providers and partners;
  7. Attempt to probe, scan, or test the vulnerability of any Lingoodie system or network or breach any security or authentication measures;
  8. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Lingoodie or any of our providers or any other third party (including another user) to protect the Service or any part thereof;
  9. Attempt to use the Service on or through any platform or service that is not authorized by Lingoodie;
  10. Obtain or attempt to obtain passwords or other private information from other users of the Service, including but not limited to, personally identifiable information or financial information;
  11. Develop, distribute, use, or publicly inform other members of cheats, automation software, bots, hacks, mods or any other unauthorized third party software or applications;
  12. Exploit, distribute or publicly inform other users of the Service of any app error or bug which gives users an unintended advantage;
  13. Use Virtual Items in a manner that violates these Terms, including transferring or selling Virtual Items or fraudulently obtaining or acquiring Virtual Items or other products or services;
  14. Sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer Your Account or any Virtual Items associated with Your Account to anyone without Lingoodie’s written permission;
  15. Access or use an Account or Virtual Items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without Lingoodie’s permission;
  16. Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;
  17. License, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Service;
  18. Modify, translate, adapt, merge, make derivative works of, disassemble, decompile or reverse engineer any part of the Service for any reason whatsoever, including for the purpose of creating competitive products or services;
  19. Access or use the Service in order to build a similar or competitive product or service;
  20. Remove or destroy any copyright notices or other proprietary markings contained in the Service;
  21. Use the Service to upload or distribute any (or any links to) computer viruses, worms, malicious code or any software intended to damage or alter a computer system or data;
  22. Use this Service in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, this Service or any other services, system resources, accounts, servers, networks, affiliated or linked sites connected to or accessible through this Service (including without limitation uploading, posting or otherwise transmitting on this Service any computer viruses, trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on the infrastructure of this Service);
  23. Attempt to gain unauthorized access to the Service or other computer systems or networks connected to the Service, through password mining or any other means;
  24. Use the Service to harvest or otherwise collect or store any information for purposes other than those designed and implemented by Lingoodie;
  25. Copy, share, post, modify, license, sublicense, distribute, publish, broadcast, transmit, perform, display, sell or disseminate any portion of this Website, except in accordance with these Terms of Use;
  26. Use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Service or the Content in whole or in part;
  27. Interfere with another User’s use and enjoyment of the Service;
  28. Impersonate any person or entity;
  29. Falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that we endorse you, your website, your business or any statement you make, or present false information about Lingoodie or the Service; or
  30. Violate any applicable law or regulation;
  31. Attempt to interfere with, intercept or decipher any transmissions to or from the servers for the Service;
  32. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service; or
  33. Encourage or enable any other individual or group to do any of the foregoing.

Intellectual Property Ownership

The Service and all content thereon or therein are protected by copyright, trademark, and other laws of the European Union and foreign countries. Except as expressly provided in these Terms, Lingoodie and its licensors exclusively own all rights, titles, and interests in and to Service and all content thereon or therein, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service. You agree that You shall not:

  1. Modify, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service without Lingoodie explicit, prior written permission;
  2. Use, display, mirror or frame the Service, or any individual element within the Service;
  3. Use the intellectual property of Lingoodie, or any Lingoodie licensor, to adapt, modify or create derivative works based on such intellectual property;
  4. Rent, lease, loan, trade, sell/re-sell access to the Service or any information therein, in whole or part; or
  5. Use or reproduce any Lingoodie licensor, or third party trademark or logo without the prior express written consent of the owner of such trademark or logo.

Links to Third Party Sites

The Service may contain links to third-party websites or resources that are not owned or controlled by Lingoodie. You acknowledge and agree that Lingoodie is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Lingoodie does not control nor does it review, research, verify, validate or approve the third-party sites to which the Service may be linked. Such links, therefore, do not imply any endorsement by Lingoodie of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from Your use of any such websites or resources.

Updates to the Site and Service; Maintenance

You acknowledge and agree that Lingoodie may update the Service with or without notifying You. Lingoodie may require that You accept updates to the Service and You may also need to update third party software from time to time in order to receive the Service. Lingoodie conducts maintenance work on its system from time to time. A portion, or sometimes all, of the features of the Service will not be available during maintenance periods. All problems encountered during the use of the Service, including those with regard to Your Account, can be reported to Lingoodie when the problem is encountered by emailing us at hello@lingoodie.com.

Disclaimer

THE SERVICES (INCLUDING THE APPLICATIONS) AND ALL CONTENT THEREON OR THEREIN ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, LINGOODIE, OUR REWARDS PARTNERS, AND OUR AND THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS (COLLECTIVELY, THE “LINGOODIE PARTIES”) EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE LINGOODIE PARTIES MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. THE LINGOODIE PARTIES MAKE NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH SERVICE.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE, INCLUDING THE APPLICATION, REMAINS WITH YOU. NEITHER THE LINGOODIE PARTIES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, WHETHER BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE LINGOODIE PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.IN NO EVENT WILL THE LINGOODIE PARTIES’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, ANY PART THEREOF, OR ANY CONTENT EXCEED FIVE EUROS (5€). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LINGOODIE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnity

You agree to indemnify, save, and hold the Lingoodie Parties harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of the Service, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. Lingoodie reserves the right, at Your expense, to assume the exclusive defence and control of any matter for which You are required to indemnify Lingoodie, and You agree to cooperate with Lingoodie’s defence of these claims. Lingoodie will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this Indemnity section will survive any termination of Your Account (if applicable) or of Your access to or use of the Service.

Changes and Termination

We may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of this Service, including: (i) changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, this Service; (ii) removing, adding, modifying or otherwise changing any fees or charges arising out of use of this Service or any features of this Service; and (iii) removing, adding, modifying or otherwise changing any content on this Service. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of this Service at any time without notice, but confirm that we have no duty to do so.

Additional Mobile Application Terms

The following additional terms and conditions apply with respect to any application that Lingoodie provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):

  • You  acknowledge that these Terms are between you and Lingoodie only, and not with Apple, Inc. (“Apple”).
  • Your use of the iOS App must comply with Usage Rules set forth in Apple’s then-current App Store Terms of Service.
  • Lingoodie, and not Apple, is solely responsible for our iOS App and the services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the iOS App to conform to any warranty.
  • You agree that Lingoodie, and not Apple, is responsible for addressing any claims by you or any third party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as the provider of the iOS App.
  • You agree that Lingoodie, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defence, settlement and discharge of any third party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
  • You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government or European Union’s embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government or European Union’s list of prohibited or restricted parties.
  • You agree to comply with all applicable third party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
  • You agree that Apple and Apple’s subsidiaries are third party beneficiaries to these Terms as they relate to your license to use the iOS App.  Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third party beneficiary thereof.

The following additional terms and conditions apply with respect to any application that Lingoodie provides to you designed for use on an Android-powered mobile device (an “Android App”):

  • You acknowledge that these Terms are between you and Lingoodie only, and not with Google, Inc. (“Google”).
  • Your use of the Android App must comply with Google’s then-current Google Play Terms of Service.
  • Lingoodie, and not Google, is solely responsible for the Android App, the services and content available thereon and the support and maintenance thereof.  Google has no obligation or liability to you with respect to the Android App or these Terms.

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of Portugal without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in Lisbon, Portugal and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Lingoodie and You regarding the Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Lingoodie and You regarding the Service.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Lingoodie’s prior written consent. Any attempt by You to assign or transfer these Terms, without such consent, will be of no effect. Lingoodie may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Lingoodie via email (in each case to the address that You provided). Any notices that You provide without compliance with this section shall have no legal effect.

Waiver; Severability

The failure of Lingoodie to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Lingoodie. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.THE SECTION TITLES IN THESE TERMS OF SERVICE ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT.

General Health Notice

WARNINGS: READ BEFORE LEARNING OR WATCHING

Photo-sensitivity / seizures warning

A very small percentage of people may experience a seizure when exposed to certain visual images, including flashing lights or patterns that may appear in video games. Even people who have no history of seizures or epilepsy may have an undiagnosed condition that can cause these “photosensitive epileptic seizures” while watching video games.These seizures may have a variety of symptoms, including lightheadedness, altered vision, eyes or face twitching, jerking or shaking of arms or legs, disorientation, confusion or momentary loss of awareness.Seizures may also cause loss of consciousness or convulsions that can lead to injury from falling down or striking nearby objects.Immediately stop using the app and consult a doctor if you experience any of these symptoms. The risk of photosensitive epileptic seizures may be reduced by taking the following precautions: sit farther from the screen, use a smaller screen, stay in a well-lit room, do not use the app when you are drowsy or fatigued.If you or any of your relatives have a history of seizures or epilepsy, consult a doctor before using the app.