Terms and conditions of the usage of

My Language Notebook (version 2.0)

Copyright © 2008 JMGS Software (all rights reserved)

 

Throughout this document and any other documentation or communication provided by JMGS Software, the acronym ‘MLN’ will be used to refer to all aspects relating to My Language Notebook including but not limited to the website (www.mylanguagenotebook.com) and all products, software and services offered via the website including the My Language Notebook program itself.

 

MLN is the copyrighted property of JMGS Software and as the owner of MLN, JMGS Software hereby sets out the terms and conditions of the usage of MLN.

These terms and conditions apply to version 1.0 of MLN and also any subsequent versions of MLN until such a time that new terms and conditions of the usage of MLN are written and made available by JMGS Software. Although JMGS Software may attempt to notify you when changes are made to these terms and conditions, you should periodically review the most up-to-date version. JMGS Software reserves the right to change the terms and conditions at any time; however any changes will only apply to subsequent versions MLN.

 

1. Your Acceptance

By using MLN (including visiting the website and using the My Language Notebook program), you signify your agreement to (1) these terms and conditions and (2) MLN’s privacy notice (My Language Notebook Privacy Notice). If you do not agree to any of the terms and conditions stated in this document or the MLN privacy notice, please do not use any aspect of MLN. Warning: If you do use MLN and fail to abide by the terms and conditions stated in this document and the MLN privacy notice, you will be prosecuted.

2. Licensing The My Language Notebook program.

The My Language Notebook program is free for home use, however it is not free for business use. If the program is used solely for personal interest, and its usage is not in any way related to business activity (including but not limited to language schools), and the program is not used for financial gain, then it does not need to be licensed and hence is free. If the program is used in any way related to business activity (including but not limited to language schools), or the program is used for financial gain, it must be licensed, hence it is not free (see the website (www.mylanguagenotebook.com) for license prices). If the program is used for any business related activity without being licensed for such usage, the user will be in contravention of these terms and conditions. A license is in the form of an email containing an encrypted license key. This license key contains the name of the licensee (the purchaser of the license), the number of computers that the license can be used on (n) and the purchase ID. The license is purchased to license the use of the My Language Notebook program on n computers owned by the licensee. If the license is used on more than n computers owned by the licensee, or the licensee allows the license to be used on any computer not owned by the licensee, the licensee will be in contravention of these terms and conditions. If the license is used on a computer not owned by the licensee, the computer owner will also be in contravention of these terms and conditions.

3. My Language Notebook Website

A. These terms and conditions apply to all users of MLN, including users who are also contributors of mln project file content, information, and other materials or services on the Website.

B. The My Language Notebook website may contain links to third party websites that are not owned or controlled by JMGS Software. JMGS Software has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, JMGS Software will not and cannot censor or edit the content of any third-party site. By using the website, you expressly relieve JMGS Software from any and all liability arising from your use of any third-party website.

C. Accordingly, we encourage you to be aware when you leave the My Language Notebook website and to read the terms and conditions and privacy policy of each other website that you visit.

4. My Language Notebook Accounts

A. In order to access some features of the website, you will have to create a My Language Notebook account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify JMGS Software immediately via the My Language Notebook website of any breach of security or unauthorized use of your account.

B. Although JMGS Software will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of JMGS Software or others due to such unauthorized use.

5. General Use of the Website—Permissions and Restrictions

JMGS Software hereby grants you permission to access and use the website as set forth in these terms and conditions, provided that:

A. You agree not to distribute in any medium any part of the website, including but not limited to User Submissions (defined below), without JMGS Software’s prior written authorization.

B. You agree not to alter or modify any part of the website.

C. You agree not to access User Submissions (defined below) through any technology or means other than the website itself.

D. You agree not to use the website, or the My Language Notebook program for any commercial use, without the prior written authorization of JMGS Software. Prohibited commercial uses include any of the following actions taken without JMGS Software's express approval:

• sale of access to the website or its related services on another website;
• use of the website or the My Language Notebook program, for the primary purpose of gaining advertising or subscription revenue;
• the sale of advertising, on the My Language Notebook website or any third-party website, targeted to the content of specific User Submissions or My Language Notebook content;
• and any use of the website or the My Language Notebook program that JMGS Software finds, in its sole discretion, to use MLN's resources or User Submissions with the effect of competing with or displacing the market for MLN, MLN content, or its User Submissions.

E. Prohibited commercial uses do not include:

• uploading an original mln project file to the My Language Notebook website to promote your business or artistic enterprise;
• any use that JMGS Software expressly authorizes in writing.

 

F. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the website in a manner that sends more request messages to the My Language Notebook servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, JMGS Software grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. JMGS Software reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the website, nor to use the communication systems provided by the website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the website with respect to their User Submissions.

G. In your use of the website, you will otherwise comply with these terms and conditions, MLN’s privacy notice, and all applicable local, national, and international laws and regulations.

H. JMGS Software reserves the right to discontinue any aspect of the My Language Notebook website at any time.

6. Your Use of Content on the Site

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the My Language Notebook website.

A. The content on the My Language Notebook website, except all User Submissions (as defined below), are owned by or licensed to JMGS Sofware, subject to copyright and other intellectual property rights under the law. Content on the website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. JMGS Software reserves all rights not expressly granted in and to the website and the content.

B. You may access User Submissions solely:

• for your information and personal use;
• as intended through the normal functionality of the MLN Service.

 

C. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the MLN Service. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the MLN Service or otherwise as prohibited under this Agreement.

D. You may access My Language Notebook Content, User Submissions and other content only as permitted under this Agreement. JMGS Software reserves all rights not expressly granted in and to the My Language Notebook Content and the My Language Notebook Service.

E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.

F. You agree not to circumvent, disable or otherwise interfere with security-related features of the My Language Notebook website or features that prevent or restrict use or copying of any content or enforce limitations on use of the My Language Notebook Website or the content therein.

G. You understand that when using the My Language Notebook website, you will be exposed to user submissions from a variety of sources, and that JMGS Software is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such user submissions. You further understand and acknowledge that you may be exposed to user submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against JMGS Software with respect thereto, and agree to indemnify and hold JMGS Software, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

7. Your User Submissions and Conduct

A. As a My Language Notebook account holder you may submit mln project files and textual content. Mln project files and textual content are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, JMGS Software does not guarantee any confidentiality with respect to any User Submissions.

B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them.

C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to the My Language Notebook website, you hereby grant JMGS Software a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the My Language Notebook website and JMGS Software's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the My Language Notebook website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the My Language Notebook website a non-exclusive license to access your User Submissions through the website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the website and under these terms and conditions.

D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant JMGS Software all of the license rights granted herein.

E. You further agree that you will not, in connection with User Submissions, submit material that could be seen as being offensive in any way, or contrary to applicable local, national, and international laws and regulations.

F. JMGS Software does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and JMGS Software expressly disclaims any and all liability in connection with User Submissions. JMGS Software does not permit copyright infringing activities and infringement of intellectual property rights on its website, and JMGS Software will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. JMGS Software reserves the right to remove Content and User Submissions without prior notice.

8. Account Termination Policy

A. JMGS Software will terminate a User's access to its website if, under appropriate circumstances, they are determined to be a repeat infringer.

B. JMGS Software reserves the right to decide whether Content or a User Submission is appropriate and complies with these terms and conditions for violations other than copyright infringement, such as, but not limited to, pornography or obscene or defamatory material. JMGS Software may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these terms and conditions at any time, without prior notice and at its sole discretion.

9. Digital Millennium Copyright Act

A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, please contact JMGS Software in writing.

B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, please contact JMGS Software in writing.

10. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF MLN SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, JMGS SOFTWARE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH MLN AND YOUR USE THEREOF. JMGS SOFTWARE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF MLN'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE MLN SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND /OR ANY AND ALL PERSONAL INFORMATION AND /OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND /OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA MLN. JMGS SOFTWARE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MY LANGUAGE NOTEBOOK WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND JMGS SOFTWARE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

11. Limitation of Liability

IN NO EVENT SHALL JMGS SOFTWARE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND /OR ANY AND ALL PERSONAL INFORMATION AND /OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND /OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA MLN, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT JMGS SOFTWARE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The website is controlled and offered by JMGS Software. JMGS Software makes no representations that the My Language Notebook website is appropriate or available for use in all locations. Those who access or use the My Language Notebook website do so at their own volition and are responsible for compliance with local law.

12. Indemnity

You agree to defend, indemnify and hold harmless JMGS Software, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the My Language Notebook website; (ii) your violation of any term of these terms and conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and conditions and your use of the My Language Notebook website.

13. Ability to Accept Terms and conditions

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and conditions, and to abide by and comply with these Terms and conditions.

14. Assignment

These Terms and conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by JMGS Software without restriction.