The Site is designed to help students of all ages learn foreign languages. In keeping with this goal, we have created tools to help you (a) create vocabulary lists, sample sentences, and other data; (b) view and create links to other users' word lists; (c) take online classes; (d) take part in forums and communicate with other users -- as well as many other things. However, as on all Web sites, there are some basic rules that we require our users to adhere to, so as not to interfere with other users' studies or adversely affect the functioning of the Site.
Unless expressly permitted by these Terms of Use (or unless you have the express written permission of GlobaLinguist or the respective copyright owner), you are prohibited from doing any of the following on the Site:
(a) modifying and/or publishing, displaying or reproducing any information, data, text, software, images, media files or other content available on the Site ("Site Content"), including but not limited to the word lists of other users, for use on any Web site other than the Site or;
(b) printing any Site Content or downloading any Site Content to any form of media, other than for your personal use or use by your students;
(c) distributing, sublicensing, transferring, disclosing or otherwise providing access to any Site Content to any third party;
(d) uploading, posting or transmitting to the Site or otherwise providing to GlobaLinguist any information, data, text, software, images, media files, messages, content, feedback, suggestions or ideas ("User Contributions") that are unlawful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, offensive, libelous, or that may invade another's right of privacy or publicity;
(e) uploading, posting or transmitting any User Contributions which are the intellectual property of any other person or entity without their prior and explicit written permission or to which you otherwise do not have the necessary rights to reproduce, display, distribute and transmit under any law or under contractual relationships;
(f) uploading, posting or transmitting User Contributions which are in any way illegal or which advocate illegal activity;
(g) uploading, posting or transmitting any advertisements or solicitations of funds, goods, or services (including, but not limited to, sweepstakes, contests or pyramid schemes);
(h) uploading, posting or transmitting any User Contributions which contain a virus or corrupted data or which otherwise burden or interfere with the operation of the Site;
(i) transmitting chain letters or junk mail to other users;
(j) reverse-engineering, decompiling, disassembling or creating derivative works from any Site Content;
(k) impersonating any other person or acting in any other kind of misleading or deceptive manner;
(l) collecting or storing user names, email addresses or any other information about any user;
(m) evaluating the Site (or the products or services offered on the Site) for the purpose of competing with GlobaLinguist; or
(n) violating any applicable local, state, national or international law, statute or regulation.
The Site is protected by copyright as a collective work pursuant to United States copyright laws. You agree that the Site and the Site Content constitute proprietary intellectual property of GlobaLinguist or its licensors and that all right, title and interest in and to the Site and the Site Content, including all intellectual property rights embodied therein, shall at all times remain vested in GlobaLinguist or its licensors. You may not remove or modify any copyright and other proprietary notices included on the Site or with any Site Content. Other than the express rights granted to you in these Terms of Use, no rights or licenses are granted to you.
You represent and warrant to GlobaLinguist that (a) you own the User Contributions or other materials which you post or otherwise make available to the Site, or otherwise have all necessary rights to do so, and (b) you are in no way violating or infringing upon the intellectual property rights or other rights of others. Upon our request, you agree to provide evidence of all required permissions from the applicable intellectual property owners. Furthermore, you agree to pay all license fees, royalties or any other amounts which may be owed to any person in connection with any User Contribution which you post on the Site.
One of our general goals is to foster and improve communication and productivity among those interested in learning foreign languages. GlobaLinguist hopes users of the Site will actively participate in growing this community and the Site by exchanging information, content and ideas with fellow users. You acknowledge that forums are public and that other users of the Site will have access to information you provide about yourself in forums, messages or other areas on the Site, so consider carefully before sharing any personally identifiable information on the Site. In addition, remember that, as with all Web sites, it is impossible to verify another person's identity, and users may, in fact, be younger or older than they make themselves appear to be on the Site.
That being said, all User Contributions, messages and comments from users must be consistent with the values and goals of the Site and must comply with these Terms of Use. You acknowledge that GlobaLinguist cannot prevent users from placing prohibited or inappropriate User Contributions on the Site. In addition, GlobaLinguist does not monitor every communication or review all User Contributions posted on the Site. If at any point GlobaLinguist does choose to monitor the Site, in no event will GlobaLinguist have any liability or responsibility for modifying or removing any User Contributions or for failing to modify or remove any User Contributions. Under no circumstances will GlobaLinguist have any liability or responsibility for the conduct of any user on the Site.
GlobaLinguist reserves the right to reject or remove any User Contribution, messages or other materials from the Site without notice to the contributor, for any reason or no reason, and GlobaLinguist shall have no liability whatsoever in exercising this right. This includes the right to suspend a user's ability to utilize the Site's internal messaging system, to suspend classes being conducted on the Site, or otherwise to restrict or terminate a user's access to the Site.
You hereby grant to GlobaLinguist a worldwide, perpetual, irrevocable, non-exclusive, transferable, sublicensable, fully-paid and royalty-free license to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, distribute, and create derivative works from any User Contributions. Without limiting the foregoing, GlobaLinguist shall be free to use any ideas, concepts, know-how, or techniques contained in any User Contributions for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products incorporating such User Contributions, without any obligation to the user. Users acknowledge that their User Contributions (including word lists and course curricula) may be used freely by and among other users.
If you become aware of any improper activities by a user (for example, the posting of any inappropriate or prohibited materials) please
contact us. If you believe that any materials on the Site violate a party's copyright, please follow the instructions at
Notice and Procedure for Making Claims of Copyright Infringement.
Because the privacy of your personal information is very important to us, GlobaLinguist has established a
Privacy Policy which describes how we will treat any personal information which you may provide to us. By accepting these Terms of Use, you acknowledge that you have read and understood GlobaLinguist's
Privacy Policy. We reserve the right to modify the
Privacy Policy from time to time without notice. Please review the
Privacy Policy from time to time so that you will be apprised of any changes.
If you are a teacher or a school conducting a course on the Site, you agree that, unless you otherwise notify GlobaLinguist in writing (which includes email), GlobaLinguist may use your name and/or the name of your course in marketing materials and/or in a list of individuals and institutions holding classes on the Site.
Our pricing and payment terms may change from time to time in our sole discretion. You agree to pay all applicable charges and fees which are in effect or, with notice, become effective from time to time, in accordance with the then-current billing terms and conditions.
A login ID and password may be required for you to access some or all of the Site Content or services on the Site. You are solely responsible for protecting the confidentiality and security of your login ID and password. Please
contact us promptly in the event of any known or suspected loss, theft or unauthorized disclosure of your login ID, password or any other personal information.
The information, advice, facts, opinions and other content appearing on the Site which have been posted, uploaded or distributed by any users or other third parties are those of the respective authors and do not reflect the views of GlobaLinguist. GlobaLinguist assumes no responsibility or liability for these materials.
The Site contains links to third-party Web sites and other resources. GlobaLinguist assumes no responsibility or liability for the availability or content of these outside sites and resources, including any products or services which may be available from such sites and resources. Therefore, any concerns a user may have regarding any other site should be directed to the relevant site administrator or webmaster.
You agree to comply with all applicable U.S. and international laws, statutes, ordinances and regulations, including those relating to the Internet, data, email and privacy.
We reserve the right to modify these Terms of Use from time to time without notice. Please review these Terms of Use from time to time so that you will be apprised of any changes. Your continued use of the Site following any change shall be deemed to be acceptance of any such change. If you do not agree to any modification of these Terms of Use, you must immediately stop accessing or using the Site.
GlobaLinguist reserves the right at any time to modify or suspend access to the Site, the WordChamp Reader API, and/or the language help toolbar (whether on a temporary or permanent basis), with or without notice. GlobaLinguist will not have any liability associated with exercising this right.
You are responsible for your interactions with other users of the Site. GlobaLinguist has the option (but not the obligation) to participate in the resolution of such disputes. GlobaLinguist is not responsible for the conduct or activities of any user of the Site.
As GlobaLinguist does not monitor User Contributions or the Site generally, we recommend that a parent or guardian supervise the activities of any user under the age of 18. In addition, remember that, as with all Web sites, it is impossible to verify another person's identity, and users may, in fact, be younger or older than they make themselves appear to be on the Site.
These Terms of Use are effective as of the date that you first access or use the Site and shall remain in full force and effect for as long as you are permitted access to the Site.
Your access to the Site may be suspended or terminated by GlobaLinguist at any time with immediate effect in the event of late payment or non-payment, or for any violation of these Terms of Use or any other terms or conditions applicable to the Site. Upon suspension or termination for any reason, GlobaLinguist shall be entitled to collect all accrued charges incurred by you or otherwise to recover any amounts due GlobaLinguist.
The applicable sections of these Terms of Use shall survive termination, including but not limited to, those concerning intellectual property rights, disclaimers of warranty, and limitations and exclusions of liability.
Neither party shall be responsible for any failure to perform its obligations under these Terms of Use (other than obligations to pay money) caused by an event beyond its reasonable control, including but not limited to, wars, riots, labor strikes, natural disasters, the infrastructure of the Internet (including acts or omissions of service providers), technical problems or malfunctions with networks, telephone lines, computer systems, or software, or any law, regulation, ordinance or other act or order of any court, government or governmental agency.
GLOBALINGUIST (AND ITS THIRD-PARTY PROVIDERS) IS PROVIDING THE SITE AND ALL CONTENT ON AN "AS-IS, AS-AVAILABLE" BASIS AND MAKES NO WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT) WITH RESPECT TO (1) THE SITE, (2) ANY CONTENT, DATA, MATERIALS, PRODUCTS, MERCHANDISE, SOFTWARE, INFORMATION OR SERVICES PROVIDED BY OR THROUGH THE SITE OR THE INTERNET GENERALLY, OR (3) THE ACCURACY OF OR RESULTS OBTAINED FROM THE USE OF ANY SUCH CONTENT, DATA, MATERIALS, PRODUCTS, MERCHANDISE, SOFTWARE, INFORMATION OR SERVICES. GLOBALINGUIST DISCLAIMS ANY WARRANTY THAT ANY INFORMATION AVAILABLE ON THE SITE IS FREE FROM DEFECT, ERROR, OMISSION, VIRUS OR ANYTHING WHICH MAY CHANGE, ERASE, ADD TO OR DAMAGE YOUR SOFTWARE, DATA OR EQUIPMENT. YOU ACKNOWLEDGE THAT ANY DOWNLOADING OF MATERIAL FROM THE SITE IS DONE AT YOUR OWN RISK.
LANGUAGE CHANGES OVER TIME, AND REGIONAL, CULTURAL, GENERATIONAL AND OTHER VARIATIONS MAY AFFECT GRAMMAR, MEANING, PRONUNCIATION, USAGE, AND OTHER ELEMENTS OF A LANGUAGE. GLOBALINGUIST DISCLAIMS ANY WARRANTY WITH RESPECT TO THE ACCURACY OF ANY WORD LIST, SOUND CLIP, OR OTHER INDICATION OF MEANING, TRANSLATION, PRONUNCIATION, USAGE OR SPELLING. THE SITE IS FOR YOUR PERSONAL EDUCATIONAL USE ONLY AND IS NOT INTENDED AS A TRANSLATION SERVICE OR OTHER SERVICE.
IN NO EVENT SHALL GLOBALINGUIST (OR ANY OF ITS THIRD-PARTY PROVIDERS) HAVE ANY LIABILITY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES RELATING TO LOSS OF BUSINESS, PROFITS, GOODWILL, DATA, PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR THE CONTENT (INCLUDING, BUT NOT LIMITED TO, ANY INACCURACIES, ERRORS OR OMISSIONS ON THE SITE OR IN THE CONTENT), OR ANY PRODUCTS, MERCHANDISE, SOFTWARE, INFORMATION OR SERVICES PROVIDED ON OR DOWNLOADED FROM THE SITE OR ACCESSED ON THE INTERNET FROM THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE CAUSE OF ACTION UNDER WHICH SUCH DAMAGES ARE SOUGHT (INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT). GLOBALINGUIST'S AGGREGATE LIABILITY FOR MONETARY DAMAGES SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU IN CONNECTION WITH THE PARTICULAR DISPUTE. Because some states do not allow the exclusion of implied warranties or the limitation of liability for consequential or incidental damages, the above exclusions and limitations may not apply to you. In such states, GlobaLinguist's liability is limited to the greatest extent permitted by law.
You agree to indemnify and defend GlobaLinguist from and against all claims, losses, expenses, damages, liabilities, expenses and costs, including reasonable attorneys' fees (collectively, "Losses"), resulting from (a) any violation of these Terms of Use, (b) any violation of the rights of a third party, and (c) any use of the Site or Site Content. GlobaLinguist reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. In any event, no settlement which affects the rights or obligations of GlobaLinguist may be made without GlobaLinguist's prior written approval.
GlobaLinguist may provide notices under these Terms of Use via email or by displaying a notice (or a link to a notice) on the Site. GlobaLinguist's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. These Terms of Use, the relationship between a user and GlobaLinguist resulting from these Terms of Use, and the resolution of any dispute arising out of that relationship shall all be governed and construed in accordance with the laws of the Commonwealth of Massachusetts, without reference to its conflicts of laws. Users agree that any legal action or proceeding between a user and GlobaLinguist, for any purpose concerning this Agreement or any obligations hereunder, shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Massachusetts. For disputes involving an amount less than $10,000, the parties agree to resolve the dispute through binding arbitration to be held in Boston, Massachusetts under the rules of the American Arbitration Association. Any claim arising out of these Terms of Use or the Site must be brought within one (1) year of the date on which the claim arose.
WORDCHAMP is a registered trademark and GLOBALINGUIST is a trademark of GlobaLinguist, Inc.
WORDCHAMP uses the
JMDICT file. This file is the property of the
Electronic Dictionary Research and Development Group at Monash University, and is used in conformance with the Group's license.
WORDCHAMP uses the
CEDICT file.
All materials on this site, with the exception of vocabulary taken from
JMDICT and
CEDICT, are © 2004-2008 GlobaLinguist, Inc.
