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1. When This Policy Applies.
This Policy applies whether you are accessing SingersBabel Online via a personal computer, a mobile device or any other technology or devices now known or hereafter developed or discovered and whether you are accessing SingersBabel Online as a registered user (if offered by SingersBabel) or other user of the Website.
If you agree to be bound by the terms of this Agreement, you should click on the “I AGREE” button at the end of this Agreement. If you do not agree to be bound by the terms of this Agreement, you should click “I DISAGREE.” If you click “I DISAGREE,” you will not be able to proceed with the registration process for SingersBabel Online and become a user. To the extent you have access to, or are using, SingersBabel Online without having completed our registration process or clicked on an “I AGREE” button, you are hereby notified that your continued use of SingersBabel Online is subject to many of the terms and conditions of this Agreement as explained below.
We may change the terms of this Agreement at any time. The changes will appear in this document, which you can access at any time. You are expected to check this Agreement regularly for changes and agree to be bound by such changes by using SingersBabel Online after changes are made to this Agreement.
2. Your Account Information.
Except as is necessary to facilitate your ability to use SingersBabel Online, SingersBabel will not collect or store your information. We will not share, rent, sell, or transfer your personally identifiable information with third parties. We utilize “cookies” on our site. These are small files that are sent to and stored on individual computers in order to allow a website to recognize it as a unique machine.
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, request from law enforcement agencies or legal process served on us.
Upon entering into this Agreement, registering and making payment, you will be provided with credentials to access SingersBabel Online (“Credentials”). You, and only you, are authorized to use the access SingersBabel Online with your Credentials and you may do so only while you comply with this Agreement and all payment terms. You are expressly prohibited from permitting the unauthorized access to any portion of SingersBabel Online, including but not limited to, by allowing someone else, including friends or colleagues, to use your Credentials. No one who is not expressly authorized by SingersBabel may download, copy or collect information from any part of SingersBabel Online, or access or use all or any part of SingersBabel Online.
You are solely responsible for maintaining the confidentiality of any and all passwords provided in connection with SingersBabel Online. If you become aware of any unauthorized access of SingersBabel Online, you agree to notify SingersBabel immediately.
You agree to notify us promptly if you change your address or email so we can continue to contact you and send any notices required hereunder. If you fail to notify us promptly of a change, then any notice we send to your old address or email shall be deemed sufficient notice.
SingersBabel Online is not intended or designed to attract or allow children under the age of 13. We do not collect personally identifiable data from any person we know to be under the age of 13. You agree that the information you provide to SingersBabel during registration and, at all other times, will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times.
3. Your Payment Responsibilities
You agree to pay the User and/or Subscription fees and any other charges incurred in connection with your user name and password for SingersBabel Online, including any applicable taxes (“Subscription”), at the rates in effect when the charges were incurred. We will bill all charges automatically to your credit card. Subscription fees will be billed at the beginning of your Subscription or any renewal. Unless we state in writing otherwise, all fees and charges are nonrefundable. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. If you want to use a different credit card or there is a change in credit card validity or expiration date, or if you believe someone has accessed SingersBabel Online using your user name and password without your authorization, you must contact us immediately in writing. You are responsible for any fees or charges incurred to access SingersBabel Online through an Internet access provider or other third-party service.
If a subscriber, you may cancel your membership at any time. To cancel your membership, visit our website and click the words "Cancel Membership" on the "Profile" page and follow the instructions for cancellation under the heading "Cancel Membership”. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS.
Your Subscription will be renewed automatically, unless you specifically select the option that you do not want to automatic renewal, or if you cancel your account, or if we terminate it. You must cancel your Subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card.
4. Content and Intellectual Property Rights
All text, graphics, images, video, metadata, design, organization, compilation, look and feel, advertising and all other protectable intellectual property (the “Content”) available through SingersBabel Online are our property or the property of our advertisers and licensors and are protected by copyright and other intellectual property laws. Unless you have our written consent, you may not sell, publish, distribute, retransmit or otherwise provide access to the Content received through SingersBabel Online to anyone in violation of applicable law.
5. Use of Forums, Tutorial Services and User Generated Content
We offer you the opportunity to comment on and engage in discussions regarding SingersBabel Online and various topics. Any content or information you submit in connection with any of the foregoing activities is referred to as “User Content” in this Agreement and is subject to various terms and conditions as set forth below.
You understand and agree that User Content includes information, views, opinions, and recommendations of many Users and is not in any way endorsed by SingersBabel. You are responsible for verifying any information you intend to rely upon. We do not routinely screen, edit, or review User Content and we are not responsible for any User Content. However, we reserve the right to monitor or remove any User Content at any time, for any reason, without notice. You should be aware that other Users may use SingersBabel Online for personal gain and User Content may be misleading, deceptive, or in error.
If you upload, post or submit any User Content, you represent to us that you have all the necessary legal rights to upload, post or submit such User Content and it will not violate any law or the rights of any person. You agree that upon uploading, posting or submitting information, you grant SingersBabel, and our respective affiliates and successors a non-exclusive, transferable, worldwide, fully paid-up, royalty-free, perpetual, irrevocable right and license to use, distribute, publicly perform, display, reproduce, and create derivative works from your User Content in any and all media, in any manner, in whole or part, without any duty to compensate you. You also grant us the right to authorize the use of User Content, or any portion thereof, by users and other users in accordance with the terms and conditions of this Agreement, including the rights to feature your User Content specifically on SingersBabel Online and to allow other users or users to request access to your User Content.
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act and any other legal notices.
You agree not to:
• impersonate another person, access another User’s account, or in any way take part in the unauthorized use of SingersBabel Online;
• take part in any unauthorized downloading, copying or collection of information that could be used to copy all or any part of SingersBabel Online, or access or use all or any part of SingersBabel Online for any purpose other than for learning purposes except as and only to the extent expressly permitted by applicable law, notwithstanding this limitation or expressly authorized in writing by SingersBabel;
• upload to, or distribute or otherwise publish any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material, or related topics that may be harmful to or threaten the security of a child or minor;
• threaten or verbally abuse other Users, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages, “spam”, junk mail or chain letters;
• use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc., or send, post, or make available pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, deceptive, tortious, defamatory, libelous, or otherwise inappropriate or offensive content to other Users. Hate speech and personal attacks of any kind will not be tolerated;
• use SingersBabel online in a commercial manner. You shall not, without the express approval of SingersBabel, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services;
• misrepresent the source, identity, or content of information transmitted via Singersbabel Online (such as claiming a created work as your own that is not actually yours) or otherwise infringing any trademark, copyright, right of publicity or other right of any other person or entity;
• use or encourage others to use SingersBabel Online for any illegal purpose;
• interfere with any security-related features of SingersBabel Online;
• intentionally interfere with the operation of SingersBabel Online or any Users’ enjoyment of it, including intentionally posting inflammatory statements to get a reaction;
• post or distribute any content that contains software viruses or other code intended to damage or interfere with any software, hardware, equipment, system, data, or other information of SingersBabel or any third party.
Through our Tutorial Services, website and software, we enable users to connect with tutors (“Tutors”) who provide live, one-to-one instruction, tutoring and learning services (“Tutoring Sessions”). The services include, without limitation, keeping track of user’s favorite Tutors, smart-matching users with the best available Tutors, facilitating and hosting Tutoring Sessions, and taking feedback from users.
SingersBabel acts as a technology service that facilitates provision of Tutoring Sessions between Users and Tutors and does not make decisions related to the provision of Tutoring Sessions or contents thereof. SingersBabel does not endorse any Tutor and you are responsible for determining and confirming the identity and suitability of the Tutors interacted with as a result of your use of the site and services. We are not your agent or the agent of any Tutor. We will not be responsible for any damage or harm resulting from your interactions, or those of anyone else, with Tutors or users.
You are solely responsible for all service, telephony and/or other fees and costs associated with your access to and use of the Services and for obtaining and maintaining all telephone, computer hardware and other equipment required for such access and use.
You agree that we may record all or any part of any Tutoring Sessions (including voice chat communications) for quality control and other purposes. We reserve the right to review the Tutoring Sessions for any purpose. Notwithstanding anything to the contrary above, you agree that we own all transcripts and recordings of Tutoring Sessions and all comments that you may provide to us on or through the site, the Services or any other means, such as a part of user satisfaction or other similar surveys, and that these Terms shall be deemed an irrevocable assignment of all such transcripts and comments, each portion thereof and all intellectual property rights therein to us.
Without limitation to any other action we may take, we reserve the right to terminate, restrict your access to SingersBabel Online, or take any other action we deem appropriate if, in our opinion, your use may violate any laws, regulations or rulings, infringe upon another person’s rights or violate the terms of this Policy. Also, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive.
6. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY.
YOU AGREE THAT YOUR ACCESS TO, AND USE OF, SINGERSBABEL ONLINE AND THE CONTENT AVAILABLE THROUGH SINGERSBABEL ONLINE IS ON AN “AS-IS”, “AS AVAILABLE” BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SINGERSBABEL AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS (“THE SINGERSBABEL PARTIES”) WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF SINGERSBABEL ONLINE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE SINGERSBABEL PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE SINGERSBABEL PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
YOU AGREE TO INDEMNIFY, SAVE, AND HOLD SINGERSBABEL, ITS AFFILIATED COMPANIES, AND ITS SUPPLIERS, LICENSORS, AND PARTNERS HARMLESS FROM ANY CLAIMS, LOSSES, DAMAGES, LIABILITIES, INCLUDING ATTORNEYS' FEES, ARISING OUT OF YOUR USE OR MISUSE OF SINGERSBABEL ONLINE, VIOLATION OF THIS AGREEMENT, VIOLATION OF THE RIGHTS OF ANY OTHER PERSON OR ENTITY, OR ANY BREACH OF THE REPRESENTATIONS, WARRANTIES, AND COVENANTS MADE BY YOU HEREIN. SINGERSBABEL RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY SINGERSBABEL, AND YOU AGREE TO COOPERATE WITH SINGERSBABEL’S DEFENSE OF THESE CLAIMS.
THE INTENDED USE OF SINGERSBABEL ONLINE IS FOR LEARNING. SINGERSBABEL IS NOT RESPONSIBLE FOR YOUR USE OF ANY CONTENT AND RESULTS ARE NOT GUARANTEED.
7. General Terms
This Agreement contains the final and entire agreement between us regarding your use of SingersBabel Online and supersedes all previous and contemporaneous oral or written agreements regarding your use of SingersBabel Online. We may discontinue or change the services, or their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, United States of America, applicable to contracts made entirely within Massachusetts and wholly performed in Massachusetts, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be state or federal court located in Berkshire and/or Hampden County, Massachusetts, U.S.A. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
8. Modification of these Terms.
SingersBabel reserves the right, at our discretion, to change, modify, add, or remove portions of this Policy at any time. Your continued use of SingersBabel Online after the posting of changes constitutes your binding acceptance of such changes.
The services hereunder are offered by SingersBabel LLC., located at: 104 Main Street, Suite 2, Sheffield, MA 01257 U.S.A. You can also contact us through our email at: firstname.lastname@example.org.