Vocabulink Terms of Use

1. ACCEPTANCE OF TERMS

Please read this agreement carefully before you (“User”) use this website, vocabulink.com (the “Site”). Your use of the Site constitutes agreement with the terms and conditions of use set forth herein (the “Terms”).

2. MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the Terms at:

http://www.vocabulink.com/terms-of-use

3. CONTENT

All materials displayed or performed on the Site, other than content developed or posted by User (“User Content”) including, but not limited to text, graphics, logos, tools, photographs, images, illustrations, audio and video, and animations (“Content”) are the property of Vocabulink and/or third parties and are protected by United States and international copyright laws. As between you and Vocabulink, however, you own and retain sole and exclusive right, title and interest in and to all of your User Content (subject only to the limited license therein granted to Vocabulink under this Section 3).

You acknowledge and agree that if you contribute User Content to the Site in such manner as to make it available to all users or to permit third parties to contribute Content through your User account, Vocabulink will have a non-exclusive, worldwide, royalty-free, transferable, sublicensable (including, without limitation, by means of a Creative Commons License) right, under all of your intellectual property rights, to copy, cache, publish, display, perform, distribute, translate and store such User Content, and to allow third parties to do so in connection with the marketing or promotion of Vocabulink or the Site by such third parties. To the extent allowed by law, the foregoing includes all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as “Moral Rights.” To the extent you retain any such Moral Rights under applicable law, you hereby ratify and consent to any action that may be taken with respect to such moral rights by Vocabulink and agree not to assert any Moral Rights with respect thereto. You warrant, represent and agree that you have the right to grant Vocabulink and the Site the rights set forth above. You represent, warrant and agree that you will not contribute any User Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless you own the trade secret or have the owner’s permission to post it, (c) infringes any intellectual property right of another or on the privacy or publicity rights of another , (d) is libelous, defamatory, harassing, hateful, or otherwise violates any law or right of any third party, (e) contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information , or (f) remains posted after you have been notified that such User Content violates any of sections (a) to (e) of this sentence.

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Site, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item (“Item”) of Content that you post or otherwise make available via the Site. You understand that Vocabulink does not control, and is not responsible for Content made available through the Site, and that by using the Site, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.

None of the contributors, sponsors, administrators, or anyone else connected with Vocabulink in any way whatsoever can be responsible for the appearance of any inaccurate or libelous information or for your use of the information contained in or linked from these web pages.

4. PRIVACY AND INFORMATION DISCLOSURE

Vocabulink has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address:

http://www.vocabulink.com/privacy

Your use of the Site signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that Vocabulink may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the Terms; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of the Site, its users or the general public.

5. OBJECTIONABLE CONTENT

You agree that mnemonics by nature must be emotive and provocative to be effective. As such, you acknowledge that some mnemonics may contain words or images that:

  • are considered profane, vulgar or offensive by some readers.
  • contain audio, visual, or written representations of people or events which may be protected by some cultures.
  • contain spoilers.
  • contain triggers for people with post-traumatic stress disorder.
  • contain images which can trigger epileptic seizures and other medical conditions.

You waive any claim resulting from your exposure to material on the Site that is offensive, indecent, or otherwise objectionable.

6. LIMITATIONS ON SERVICE

You acknowledge that Vocabulink may establish limits concerning use of the Site, including the maximum number of days that Content will be retained by the Site, the maximum number and size of links, postings, or other Content that may be transmitted or stored by the Site, and the frequency with which you may access the Site. You agree that Vocabulink has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Site. You acknowledge that Vocabulink reserves the right at any time to modify or discontinue the Site (or any part thereof) with or without notice, and that Vocabulink shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

7. TERMINATION OF SERVICE

You agree that Vocabulink, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Site (or any part thereof), immediately and without notice, and remove and discard any Content within the Site, for any reason, including, without limitation, if Vocabulink believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that Vocabulink shall not be liable to you or any third-party for any termination of your access to the Site. Further, you agree not to attempt to use the Site after said termination. Sections 2, 4, and 6-9 shall survive termination of the Terms.

8. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, VOCABULINK DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, VOCABULINK DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE, OR ACCESSED THROUGH ANY LINKS ON THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, VOCABULINK DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SITE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

9. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL VOCABULINK BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF VOCABULINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE, FROM INABILITY TO USE THE SITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR ANY LINKS ON THE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.