Terms of Service for Learnhanzi.com

1. ACCEPTANCE OF TERMS

   A Learnhanzi account is subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.learnhanzi.com/learnhanzi_tos.php. By accessing and using any Learnhanzi.com services (defined below), you accept and agree to be bound by the terms and provision of the TOS.

2. DESCRIPTION OF LEARNHANZI.COM SERVICES

   Komut Konsult ("Learnhanzi.com") provides users with access to various services such as, but not limited to, games and applications to study and practice language, which may be accessed through any various medium or device now known or hereafter developed (the "Learnhanzi.com services"). You also understand and agree that the Learnhanzi.com services may include advertisements and that these advertisements are necessary for Learnhanzi.com to provide the Learnhanzi.com services. You also understand and agree that the Learnhanzi.com services may include certain communications from Learnhanzi.com, such as service announcements and administrative messages, and that these communications are considered part of Learnhanzi.com membership and you may not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Learnhanzi.com services, including the release of new Learnhanzi.com properties, shall be subject to the TOS.

   You understand and agree that the Learnhanzi.com services are provided "AS-IS" and that Learnhanzi.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user data, user communications or personalization settings. You are responsible for obtaining access to the Learnhanzi.com services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees as well as for all equipment necessary to access the Learnhanzi.com services.

3. YOUR REGISTRATION OBLIGATIONS You agree to: provide true, accurate, current and complete information about yourself as prompted by the Learnhanzi.com registration form (the "Registration Data"). If you provide any information that is untrue, inaccurate, not current or incomplete, or Learnhanzi.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Learnhanzi.com has the right to suspend or terminate your account and refuse any and all current or future use of the Learnhanzi.com services (or any portion thereof).
4. PRIVACY POLICY

   Registration Data and certain other information about you are subject to our applicable privacy policy.

   Learnhanzi.com does not rent, sell, or share personal information about you with other people or non-affiliated companies except to provide products or services you've requested, when we have your permission, or under the following circumstances:

   User generated results might be used for research on online learning. In this case the results will be de-personalized, not connected to registered details.

   We transfer information about you if Learnhanzi.com is acquired by or merged with another company. In this event, Learnhanzi.com will notify you before information about you is transferred and becomes subject to a different privacy policy.

   We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims.

   You understand that through your use of the Learnhanzi.com services you consent to the collection and use (as set forth in the applicable privacy policy) of this information, including the transfer of this information to Sweden and/or other countries for storage, processing and use by Learnhanzi.com.

5. MEMBER ACCOUNT, PASSWORD AND SECURITY

   Your account is identified by a username and a password. You are responsible for maintaining the confidentiality of the password and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Learnhanzi.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Learnhanzi.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

6. MEMBER CONDUCT

   You agree to not use the Learnhanzi.com services to interfere with or disrupt the Learnhanzi.com services or servers or networks connected to the Learnhanzi.com services, or disobey any requirements, procedures, policies or regulations of networks connected to the Learnhanzi.com services, including using any device, software or routine to bypass our robot exclusion headers.

   You acknowledge, consent and agree that Learnhanzi.com may access, preserve and disclose your account information and data if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to your requests for customer service; or (iv) protect the rights, property or personal safety of Learnhanzi.com, its users and the public.

7. CONTRIBUTIONS TO LEARNHANZI.COM

   By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Learnhanzi.com, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Learnhanzi.com is not under any obligation of confidentiality, expressed or implied, with respect to the Contributions; (c) Learnhanzi.com shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Learnhanzi.com may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Learnhanzi.com without any obligation of Learnhanzi.com to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Learnhanzi.com under any circumstances.

8. INDEMNITY

   You agree to indemnify and hold Learnhanzi.com and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Learnhanzi.com services, your connection to the Learnhanzi.com services, your violation of the TOS, or your violation of any rights of another.

9. NO COMMERCIAL REUSE OF LEARNHANZI.COM SERVICES

   You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Learnhanzi.com services (including Content, advertisements, Software and your Learnhanzi.com account).

10. GENERAL PRACTICES REGARDING USE AND STORAGE

    You acknowledge that Learnhanzi.com may establish general practices and limits concerning use of the Learnhanzi.com services. You agree that Learnhanzi.com has no responsibility or liability for the deletion or failure to store any data or other Content maintained or transmitted by the Learnhanzi.com services. You acknowledge that Learnhanzi.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Learnhanzi.com reserves the right to modify these general practices and limits from time to time.

11. MODIFICATIONS TO LEARNHANZI.COM SERVICES

    Learnhanzi.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Learnhanzi.com services (or any part thereof) with or without notice. You agree that Learnhanzi.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Learnhanzi.com services (or any part thereof).

12. TERMINATION

    You may terminate your Learnhanzi.com account by submitting such termination request to Learnhanzi.com.

    You agree that Learnhanzi.com may, without prior notice, immediately terminate, limit your access to or suspend your Learnhanzi.com account and access to the Learnhanzi.com services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Learnhanzi.com services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Learnhanzi.com services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Learnhanzi.com's sole discretion and that Learnhanzi.com shall not be liable to you or any third party for any termination of your account or access to the Learnhanzi.com services.

    Termination of your Learnhanzi.com account includes any or all of the following: (a) removal of access to all or part of the offerings within the Learnhanzi.com services, (b) deletion of your password and all related information, data and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Learnhanzi.com services.

13. DEALINGS WITH ADVERTISERS

    Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Learnhanzi.com services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Learnhanzi.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Learnhanzi.com services.

14. LINKS

    The Learnhanzi.com services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Learnhanzi.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Learnhanzi.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

15. LEARNHANZI.COM'S PROPRIETARY RIGHTS

    You acknowledge and agree that Learnhanzi.com services and any necessary software used in connection with the Learnhanzi.com services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Learnhanzi.com services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Learnhanzi.com or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Learnhanzi.com services, such Content or the Software, in whole or in part.

    Learnhanzi.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Learnhanzi.com services. You agree not to access the Learnhanzi.com services by any means other than through the interface that is provided by Learnhanzi.com for use in accessing the Learnhanzi.com services.

16. DISCLAIMER OF WARRANTIES

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

    1. YOUR USE OF THE LEARNHANZI.COM SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE LEARNHANZI.COM SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LEARNHANZI.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
    2. LEARNHANZI.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE LEARNHANZI.COM SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE LEARNHANZI.COM SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE LEARNHANZI.COM SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE LEARNHANZI.COM SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
    3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE LEARNHANZI.COM SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
    4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LEARNHANZI.COM OR THROUGH OR FROM THE LEARNHANZI.COM SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
    5. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE LEARNHANZI.COM SERVICES. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE LEARNHANZI.COM SERVICES. IMMEDIATELY DISCONTINUE USE OF THE LEARNHANZI.COM SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE LEARNHANZI.COM SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
17. LIMITATION OF LIABILITY

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT LEARNHANZI.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LEARNHANZI.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE LEARNHANZI.COM SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE LEARNHANZI.COM SERVICES; OR (e) ANY OTHER MATTER RELATING TO THE LEARNHANZI.COM SERVICES.

18. EXCLUSIONS AND LIMITATIONS

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.

19. NO THIRD-PARTY BENEFICIARIES

    You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

20. NOTICE

    Learnhanzi.com may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Learnhanzi.com services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the Learnhanzi.com services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Learnhanzi.com services in an authorized manner.

21. TRADEMARK INFORMATION

    You agree that all of Learnhanzi.com’s trademarks, trade names, service marks and other Learnhanzi.com logos and brand features, and product and service names are trademarks and the property of Komut Konsult. ("the Learnhanzi.com Marks"). Without Learnhanzi.com's prior permission, you agree not to display or use in any manner the Learnhanzi.com Marks.

22. GENERAL INFORMATION

    Entire Agreement.

    The TOS constitutes the entire agreement between you and Learnhanzi.com and governs your use of the Learnhanzi.com services, superseding any prior version of this TOS between you and Learnhanzi.com with respect to the Learnhanzi.com services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Learnhanzi.com services, affiliate services, third-party content or third-party software.

    Choice of Law and Forum.

    You and Learnhanzi.com each agree that the TOS and the relationship between the parties shall be governed by the laws of Sweden without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and Learnhanzi.com, shall be brought exclusively in the courts located in Sweden. You and Learnhanzi.com agree to submit to the personal jurisdiction of the courts located in Sweden, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

    Waiver and Severability of Terms.

    The failure of Learnhanzi.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

    No Right of Survivorship and Non-Transferability.

    You agree that your Learnhanzi.com account is non-transferable.

    Statute of Limitations.

    You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Learnhanzi.com services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

    The section titles in the TOS are for convenience only and have no legal or contractual effect.

23. VIOLATIONS

    Please report any violations of the TOS to report@learnhanzi.com

Last updated January 16, 2009