Terms of Service

Please play by the rules
Last Updated: July 21, 2019

Introduction

These Terms And Conditions of Service Use (referred to herein as these “Terms”) contained herein on this webpage, shall govern your use of the Linguistic mobile and desktop applications, as well the Service and related Linguistic products (collectively referred to herein below as the “Service”). These Terms apply in full force and effect to your use of the Service and by using the Service, you expressly accept all terms and conditions contained herein in full. You must not use the Service, if you have any objection to any of these Terms And Conditions.

The Service is not for use by children (defined as those who are not at least 13 years of age), and you must not use the Service if you are a child. If you are the parent of guardian of a child and find them using this Service, it is strongly recommended you delete their account. If we find a child using the Service, their account will be promptly terminated.

Intellectual Property Rights

Other than content you own, which you may have opted to include on the Service, under these Terms, Linguistic and/or its licensors own all rights to the intellectual property and recorded information computed by the Service, and all such rights are reserved.

You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of:

  1. viewing the material contained on the Service
  2. publishing data computed by the Service that directly and only pertains to you

Restrictions

You are expressly and emphatically restricted from all of the following:

  1. publishing any Linguistic materials in any media without express consent
  2. selling, sublicensing and/or otherwise commercializing any material published by the Service
  3. publicly performing and/or showing any material that is not your own from the Service
  4. using the Service in any way that is, or may be, damaging to Linguistic or its assets
  5. using the Service in any way that impacts user access to the Service
  6. using the Service contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Service, or to any person or business entity
  7. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to the Service, or while using the Service
  8. using the Service to engage in any advertising or marketing

Certain areas of the Service are restricted from access by you and Linguistic may further restrict access by you to any areas of the Service, at any time, in its sole and absolute discretion. Any user ID and password you may have for the Service are confidential and you must maintain confidentiality of such information.

Your Content

In these Terms and Conditions of Service Use, “Your Content” shall mean any audio, video, text, images or other material you choose to display on the Service. With respect to Your Content, by displaying it, you grant Linguistic a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be infringing on any third party’s rights. Linguistic reserves the right to remove any of Your Content from the Service at any time, and for any reason, without notice.

Code of Conduct

By engaging in conversations with other individuals on the Service, you are hereby expected to follow an established Code of Conduct. Failure to adhere to this code may result in a permanent ban from the Service, and in some cases judicial action depending on the severity of the offense. By following this Code of Conduct, you are expected to:

  1. Treat community members with respect
  2. Employ non-offensive, respectable language
  3. Remain an engaged member of the community

The following behavior is absolutely not tolerated, and will result in severe consequences for the offending members. In most cases the offender will be permanently banned from the Service:

  1. Hate-speech, bigotry, or racist remarks towards other community members
  2. Threatening the mental or physical well-being of other community members
  3. Sexual harassment or otherwise inappropriate behavior towards other community members
  4. Communicating with any member claiming or proving to be under 13 without reporting the member’s account
  5. Continued communication with any member under 18 if the offender is over 18 and did not report the incident
  6. Continued vulgarity towards community members

No warranties

The Service is provided “as is,” with all faults, and Linguistic makes no express or implied representations or warranties of any kind related to the Service or the materials contained on the Service. Additionally, nothing contained on the Service shall be construed as providing consult or advice to you.

Limitation of liability

In no event shall Linguistic, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of the Service, whether such liability is under contract, tort or otherwise, and Linguistic, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of the Service.

Indemnification

You hereby indemnify to the fullest extent Linguistic from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms

Linguistic is permitted to revise these Terms at any time as it sees fit, and by using the Service you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of the Service.

Assignment

Linguistic shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement

These Terms, including any legal notices and disclaimers contained on the Service, constitute the entire agreement between Linguistic and you in relation to your use of the Service, and supersede all prior agreements and understandings with respect to the same.

Governing Law & Jurisdiction

These Terms will be governed by and construed in accordance with the laws of the State of Massachusetts, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Massachusetts for the resolution of any disputes.