Terms of Services
Welcome to the ChattyBoa website! We are glad that you decided to participate in our language learning community. Before you begin, we ask that you review this Terms and Conditions so you understand both the services we provide as well as your obligations associated with those services.
The ChattyBoa website, its related services and applications (together “Service” or “Services”) are operated by Rio Create LLC (“ChattyBoa,” “we,” or “us”). This agreement (the “agreement”) describes the general Terms and Conditions of Service (“Terms and Conditions”) on which we offer you (“you”, “user”,”your”) access to our Service.
By using any part of the Service or viewing its content, you accept and agree to be bound by this agreement. In addition, from time to time, ChattyBoa may change, amend or update these Terms and Conditions without previous notice. Your continuing use of the Services after such modifications shall constitute user consent to such changes. The most current version of the Terms and Conditions can be obtained at any time at http://www.chattyboa.com/pages/view/terms.
This is a legally binding agreement between you and us, so please read it carefully.
2. Description of Service
ChattyBoa is an online learning language website which offers a customizing lesson plan based on user’s choice of topic preferences. In addition, it offers videos as an additional tool for learning.
At any time, ChattyBoa may, in its sole discretion change, amend, update, suspend, improve, discontinue or stop any aspect of the Service. Unless explicitly stated otherwise, any new features to the current Service, including but not limiting to the release of new tools, content, video and resources, shall be subject to these Terms and Conditions
3. Registration and Profile Maintenance
In registering and using the Services, you agree:
- that you are an individual, human being. Accounts registered by “bots”or other automated methods are not permitted;
- to provide accurate, current and complete information about you. Your login information will be solely used by you. A single login shared by multiple people is not permitted;
- you are responsible for maintaining the confidentiality of your password and other information related to the security of your account. We cannot be liable for any loss or damage from your failure to comply with this security obligation;
- that if any of your information has changed, to promptly update any registration information you provide to ChattyBoa, to keep such information accurate, current and complete;
- to be fully responsible for all activity that occurs under your account
- to immediately notify ChattyBoa of any unauthorized use of your account or any other breaches in security and
- that you will comply with all laws and regulations and that you will not use your access for any illegal or unauthorized purpose.
4. Proprietary Rights in Service Content
The content and all other information in the Service, including but not limited to data, text, designs, graphics, images, photographs, audio and video, software, logos, icons, and files, and their selection and arrangement (the "Content"), are and will remain the proprietary property of ChattyBoa or its licensors. No Content may be copied, distributed, framed, reproduced, modified, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, unless you obtained prior written permission from ChattyBoa. Any use of data mining, scraping or similar data gathering or extraction methods to obtain Service Content is expressly prohibited. All rights of ChattyBoa or its licensors that are not expressly granted in these Terms and Conditions are reserved to ChattyBoa and its licensors.
Any suggestions related to site or content improvements that you submit to ChattyBoa through site, email, or other means of communication, should be original and/or your own work. You understand and agree that ChattyBoa may utilize such suggestions submitted by you, in whole or in part, without compensation, credit, or acknowledgement.
5. Third-Party Content and Links to Third-Party Web Sites
Links to third party content and website are provided to user solely for convenience.
In addition, you understand that Linked Sites are not under the control of ChattyBoa, and ChattyBoa 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 by Linked Sites. You further acknowledge and agree that ChattyBoa shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or related to use of any such Content, goods or services available on or through any such site or resource.
6. LIABILITY and WARRANTY DISCLAIMERS
WE PROVIDE THE SERVICE AND ITS CONTENT ON AN "AS IS" AND "AS AVAILABLE" BASIS.. CHATTYBOA DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY IMPROVEMENT OF YOUR LANGUAGE LEARNING. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE MATERIALS, INFORMATION, SOFTWARE, OR SERVICES INCLUDED IN OR AVAILABLE THROUGH THE CHATTYBOA WEBSITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THE CHATTYBOA WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CHATTYBOA WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
7. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES AND ITS CONTENT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN UNDER CIRCUMSTANCES THAT CAUSE ANY EXCLUSIVE REMEDY UNDER THIS AGREEMENT TO FAIL OF ITS ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
8. Notice for Copyright Violation Claims
If you believe, in good faith, that material located in the Services violates your copyright, you are encouraged to notify ChattyBoa immediately.
“ChattyBoa” and all other trademarks, and logos used in connection with the Service are pending trademarks with the United States Patent and Trademark Office. Access and use of the Service does not grant or provide you with the right or license to reproduce or otherwise use the ChattyBoa name or any ChattyBoa or third-party trademarks, service marks, graphics or logos. Without prior written consent from ChattyBoa, you agree not to display or use ChattyBoa logos or any aspect of its design and lay-outs, including but not limiting to, all page headers, custom graphics,video and audio, button icons, and scripts.
10. Damages, Indemnification
You agree that you will be responsible for any damages resulting from any violation of this Terms and Conditions.
You further agree to indemnify and hold ChattyBoa and its affiliates, officers, directors, agents and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Terms and Conditions, or any violation of any law or the rights of any third party that occurs in connection with your use of these Services.
If you breach any term of this agreement, ChattyBoa, in its sole discretion, has the right to terminate your access and use of the Services without further notification, and at such time you will have no further right to use the Services.
You may terminate your ChattyBoa account at any time. You are solely responsible for properly cancelling your account. . Following your request, ChattyBoa shall make best efforts to deactivate account in a prompt and timely manner. The provisions of these Terms and Conditions relating to the protection and enforcement of ChattyBoa’s proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of types of damages and liability, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination.
Upon termination, all your content will be immediately deleted from the Service and you acknowledge that ChattyBoa cannot recover any information once account is terminated.
13. General Representations and Warranties
You represent and warrant to ChattyBoa that your access and use of the Service will be in accordance with these Terms and Conditions and with all applicable laws, rules and regulations of the United States and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from the United States and/or the jurisdiction in which you reside.
14. Consent to Jurisdiction and Venue.
Each party hereby agrees that the Federal and state courts within the borough of Manhattan in New York, New York shall have jurisdiction and venue over all controversies arising out of, relating to, or in connection with, this Agreement. Each party further consents that any summons, subpoena or other process or papers (including without limitation any notice or motion or other application to either of the aforementioned courts or a judge thereof) or any notice in connection with any proceedings hereunder, may be served inside or outside of the State of New York by mail, by facsimile, by a reputable overnight delivery service, or by personal service provided a reasonable time for appearance is permitted, or in such other manner as may be permissible under the rules of said courts. Each of the parties waives its defense of forum non conveniens with respect to the foregoing.
In the event that any of the above Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be invalid, void or for any other reason unenforceable, such provisions shall be deemed severable and shall not affect the validity and enforceability of this agreement.
16. Date of Revision
Last revised on January 8, 2014.