Input: if you are using the services on behalf of a business ( rather than for your personal use ) , you and snap group limited agree that to the extent permitted by law , all claims and disputes between us arising out of or relating to these terms or the use of the services will be finally settled under the lcia arbitration rules , which are incorporated by reference into this clause .


Input: there will be one arbitrator ( to be appointed by the lcia ) , the arbitration will take place in london , and the arbitration will be conducted in english .


Input: if you do not wish to agree to this clause , you must not use the services .


Input: to the extent the parties are permitted under these terms to initiate litigation in a court , both you and snap group limited agree that all claims and disputes ( whether contractual or otherwise ) arising out of or relating to the terms or the use of the services will be litigated exclusively in the courts of england in the united kingdom , unless this is prohibited by the laws of the country where you reside .


Input: you and snap group limited consent to the exclusive jurisdiction of those courts .


Input: the laws of england and wales govern these terms and any claims and disputes ( whether contractual or otherwise ) arising out of or relating to these terms or their subject matter .


Input: the courts in some countries may not apply the laws of england and wales to some disputes related to these terms .


Input: if you reside in one of those countries , the laws of your home country may apply to those disputes .


Input: if any provision of these terms is found unenforceable , then that provision will be severed from these terms and not affect the validity and enforceability of any remaining provisions .


Input: given the breadth of our services , we sometimes need to craft additional terms and conditions for specific services .


Input: those additional terms and conditions , which will be available with the relevant services , then become part of your agreement with us if you use those services .


Input: if any part of those additional terms and conditions conflicts with these terms , the additional terms and conditions will prevail .


Input: these terms ( together with any additional terms applicable to specific services you use ) make up the entire agreement between you and snap group limited and supersede any prior agreements .


Input: these terms do not create or confer any third-party beneficiary rights .


Input: if we do not enforce a provision in these terms , it will not be considered a waiver .


Input: we reserve all rights not expressly granted to you .


Input: you may not transfer any of your rights or obligations under these terms without our consent .


Input: ( if you live outside of the us )


Input: these terms of service ( `` terms '' ) govern your access to and use of our services , including our various websites , sms , apis , email notifications , applications , buttons , widgets , ads , commerce services , and our other covered services ( https://support.twitter.com/articles/20172501 ) that link to these terms ( collectively , the `` services '' ) , and any information , text , links , graphics , photos , videos , or other materials or arrangements of materials uploaded , downloaded or appearing on the services ( collectively referred to as `` content '' ) .


Input: by using the services you agree to be bound by these terms .


Input: you may use the services only if you agree to form a binding contract with twitter and are not a person barred from receiving services under the laws of the applicable jurisdiction .


Input: if you are accepting these terms and using the services on behalf of a company , organization , government , or other legal entity , you represent and warrant that you are authorized to do so .


Input: our privacy policy ( https://www.twitter.com/privacy ) describes how we handle the information you provide to us when you use our services .


Input: you understand that through your use of the services you consent to the collection and use ( as set forth in the privacy policy ) of this information , including the transfer of this information to the united states , ireland , and/or other countries for storage , processing and use by twitter and its affiliates .


Input: you are responsible for your use of the services and for any content you provide , including compliance with applicable laws , rules , and regulations .


Input: you should only provide content that you are comfortable sharing with others .


Input: any use or reliance on any content or materials posted via the services or obtained by you through the services is at your own risk .


Input: we do not endorse , support , represent or guarantee the completeness , truthfulness , accuracy , or reliability of any content or communications posted via the services or endorse any opinions expressed via the services .


Input: you understand that by using the services , you may be exposed to content that might be offensive , harmful , inaccurate or otherwise inappropriate , or in some cases , postings that have been mislabeled or are otherwise deceptive .


Input: all content is the sole responsibility of the person who originated such content .


Input: we may not monitor or control the content posted via the services and , we can not take responsibility for such content .


Input: twitter respects the intellectual property rights of others and expects users of the services to do the same .


Input: we reserve the right to remove content alleged to be infringing without prior notice , at our sole discretion , and without liability to you .


Input: we will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us , as described in our copyright policy ( https://support.twitter.com/articles/15795 ) .


Input: if you believe that your content has been copied in a way that constitutes copyright infringement , please report this by visiting our copyright reporting form ( https://support.twitter.com/forms/dmca ) or contacting our designated copyright agent at :


Input: 1355 market street , suite 900


Input: you retain your rights to any content you submit , post or display on or through the services .


Input: what 's yours is yours -- you own your content ( and your photos and videos are part of the content ) .


Input: by submitting , posting or displaying content on or through the services , you grant us a worldwide , non-exclusive , royalty-free license ( with the right to sublicense ) to use , copy , reproduce , process , adapt , modify , publish , transmit , display and distribute such content in any and all media or distribution methods ( now known or later developed ) .


Input: this license authorizes us to make your content available to the rest of the world and to let others do the same .


Input: you agree that this license includes the right for twitter to provide , promote , and improve the services and to make content submitted to or through the services available to other companies , organizations or individuals for the syndication , broadcast , distribution , promotion or publication of such content on other media and services , subject to our terms and conditions for such content use .


Input: such additional uses by twitter , or other companies , organizations or individuals , may be made with no compensation paid to you with respect to the content that you submit , post , transmit or otherwise make available through the services .


Input: twitter has an evolving set of rules for how ecosystem partners can interact with your content on the services .


Input: these rules exist to enable an open ecosystem with your rights in mind .


Input: you understand that we may modify or adapt your content as it is distributed , syndicated , published , or broadcast by us and our partners and/or make changes to your content in order to adapt the content to different media .


Input: you represent and warrant that you have all the rights , power and authority necessary to grant the rights granted herein to any content that you submit .


Input: please review the twitter rules , which are part of the user agreement and outline what is prohibited on the services .


Input: you may use the services only in compliance with these terms and all applicable laws , rules and regulations .


Input: as such , the services may change from time to time , at our discretion .


Input: we may stop ( permanently or temporarily ) providing the services or any features within the services to you or to users generally .


Input: we also retain the right to create limits on use and storage at our sole discretion at any time .


Input: we may also remove or refuse to distribute any content on the services , suspend or terminate users , and reclaim usernames without liability to you .


Input: as such , the services may change from time to time , at our discretion .


Input: we may stop ( permanently or temporarily ) providing the services or any features within the services to you or to users generally .


Input: we also retain the right to create limits on use and storage at our sole discretion at any time .


Input: we may also remove or refuse to distribute any content on the services , suspend or terminate users , and reclaim usernames without liability to you .


Input: if you use developer features of the services , including but not limited to twitter for websites ( https://dev.twitter.com/web/overview ) , twitter cards ( https://dev.twitter.com/cards/overview ) , public api ( https://dev.twitter.com/streaming/public ) , or sign in with twitter ( https://dev.twitter.com/web/sign-in ) , you agree to our developer agreement ( https://dev.twitter.com/overview/terms/agreement ) and developer policy ( https://dev.twitter.com/overview/terms/policy ) .


Input: if you want to reproduce , modify , create derivative works , distribute , sell , transfer , publicly display , publicly perform , transmit , or otherwise use the services or content on the services , you must use the interfaces and instructions we provide , except as permitted through the twitter services , these terms , or the terms provided on dev.twitter.com .


Input: if you use advertising features of the services , you must agree to our twitter master services agreement ( https://ads.twitter.com/terms ) .


Input: if you use commerce features of the services that require credit or debit card information , such as our buy now feature , you agree to our twitter commerce terms ( https://support.twitter.com/articles/20171943 ) .


Input: you may need to create an account to use some of our services .


Input: you are responsible for safeguarding your account , so use a strong password and limit its use to this account .


Input: we can not and will not be liable for any loss or damage arising from your failure to comply with the above .


Input: you can control most communications from the services .


Input: we may need to provide you with certain communications , such as service announcements and administrative messages .


Input: these communications are considered part of the services and your account , and you may not be able to opt-out from receiving them .


Input: if you added your phone number to your account and you later change or deactivate that phone number , you must update your account information to help prevent us from communicating with anyone who acquires your old number .


Input: your license to use the services


Input: twitter gives you a personal , worldwide , royalty-free , non-assignable and non-exclusive license to use the software provided to you as part of the services .


Input: this license has the sole purpose of enabling you to use and enjoy the benefit of the services as provided by twitter , in the manner permitted by these terms .


Input: the services are protected by copyright , trademark , and other laws of both the united states and foreign countries .


Input: nothing in the terms gives you a right to use the twitter name or any of the twitter trademarks , logos , domain names , and other distinctive brand features .


Input: all right , title , and interest in and to the services ( excluding content provided by users ) are and will remain the exclusive property of twitter and its licensors .


Input: any feedback , comments , or suggestions you may provide regarding twitter , or the services is entirely voluntary and we will be free to use such feedback , comments or suggestions as we see fit and without any obligation to you .


Input: you may end your legal agreement with twitter at any time by deactivating your accounts and discontinuing your use of the services .


Input: see http://support.twitter.com/articles/15358-how-to-deactivate-your-account for instructions on how to deactivate your account and the privacy policy for more information on what happens to your information .


Input: we may suspend or terminate your account or cease providing you with all or part of the services at any time for any or no reason , including , but not limited to , if we reasonably believe : ( i ) you have violated these terms or the twitter rules , ( ii ) you create risk or possible legal exposure for us ; ( iii ) your account should be removed due to prolonged inactivity ; or ( iv ) our provision of the services to you is no longer commercially viable .


Input: we will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account , depending on the circumstances .


Input: in all such cases , the terms shall terminate , including , without limitation , your license to use the services , except that the following sections shall continue to apply : ii , iii , v , and vi .


Input: the services are available `` as-is ''


Input: your access to and use of the services or any content are at your own risk .


Input: you understand and agree that the services are provided to you on an `` as is '' and `` as available '' basis .


Input: the `` twitter entities '' refers to twitter , its parents , affiliates , related companies , officers , directors , employees , agents , representatives , partners , and licensors .


Input: without limiting the foregoing , to the maximum extent permitted under applicable law , the twitter entities disclaim all warranties and conditions , whether express or implied , of merchantability , fitness for a particular purpose , or non-infringement .


Input: the twitter entities make no warranty or representation and disclaim all responsibility and liability for : ( i ) the completeness , accuracy , availability , timeliness , security or reliability of the services or any content ; ( ii ) any harm to your computer system , loss of data , or other harm that results from your access to or use of the services or any content ; ( iii ) the deletion of , or the failure to store or to transmit , any content and other communications maintained by the services ; and ( iv ) whether the services will meet your requirements or be available on an uninterrupted , secure , or error-free basis .


Input: no advice or information , whether oral or written , obtained from the twitter entities or through the services , will create any warranty or representation not expressly made herein .


Input: the twitter entities shall not be liable for any indirect , incidental , special , consequential or punitive damages , or any loss of profits or revenues , whether incurred directly or indirectly , or any loss of data , use , good-will , or other intangible losses , resulting from ( i ) your access to or use of or inability to access or use the services ; ( ii ) any conduct or content of any third party on the services , including without limitation , any defamatory , offensive or illegal conduct of other users or third parties ; ( iii ) any content obtained from the services ; or ( iv ) unauthorized access , use or alteration of your transmissions or content .


Input: the limitations of this subsection shall apply to any theory of liability , whether based on warranty , contract , statute , tort ( including negligence ) or otherwise , and whether or not the twitter entities have been informed of the possibility of any such damage , and even if a remedy set forth herein is found to have failed of its essential purpose .


Input: some jurisdictions do not allow exclusion of implied warranties or limitations on the duration of implied warranties , so the above disclaimers may not apply to you in their entireties , but will apply to the maximum extent permitted by applicable law .


Input: we may revise these terms from time to time .


Input: the changes will not be retroactive , and the most current version of the terms , which will always be at twitter.com/tos , will govern our relationship with you .


Input: we will try to notify you of material revisions , for example via a service notification or an email to the email associated with your account .


Input: by continuing to access or use the services after those revisions become effective , you agree to be bound by the revised terms .


Input: in the event that any provision of these terms is held to be invalid or unenforceable , then that provision will be limited or eliminated to the minimum extent necessary , and the remaining provisions of these terms will remain in full force and effect .


Input: twitter 's failure to enforce any right or provision of these terms will not be deemed a waiver of such right or provision .


Input: these terms are an agreement between you and twitter international company , an irish company with its registered office at the academy , 42 pearse street , dublin 2 , ireland .


Input: if you have any questions about these terms , please contact us .


Input: effective on june 7 , 2017


Input: our user agreement has been updated .


Input: click here to see a summary of changes .


Input: our mission is to connect the world 's professionals to allow them to be more productive and successful .


Input: our services are designed to promote economic opportunity for our members by enabling you and millions of other professionals to meet , exchange ideas , learn , and find opportunities or employees , work , and make decisions in a network of trusted relationships .


Input: view our user agreement videotable of contents :


Input: linkedin `` dos '' and `` do n'ts ''


Input: when you use our services you agree to all of these terms .


Input: your use of our services is also subject to our cookie policy and our privacy policy , which covers how we collect , use , share , and store your personal information .


Input: you agree that by clicking `` join now '' , `` join linkedin '' , `` sign up '' or similar , registering , accessing or using our services ( described below ) , you are agreeing to enter into a legally binding contract with linkedin ( even if you are using our services on behalf of a company ) .


Input: if you do not agree to this contract ( `` contract '' or `` user agreement '' ) , do not click `` join now '' ( or similar ) and do not access or otherwise use any of our services .


Input: your use of our services is also subject to our privacy policy and cookie policy .


Input: this contract applies to linkedin.com , linkedin-branded apps , slideshare , linkedin learning and other linkedin-related sites , apps , communications and other services that state that they are offered under this contract ( `` services '' ) , including the offsite collection of data for those services , such as our ads and the `` apply with linkedin '' and `` share with linkedin '' plugins .


Input: registered users of our services are `` members '' and unregistered users are `` visitors '' .


Input: this contract applies to both .


Input: you are entering into this contract with linkedin ( also referred to as `` we '' and `` us '' ) .


Input: if you reside in the united states , you are entering into this contract with linkedin corporation and your personal data provided to , or collected by or for , our services is controlled by linkedin corporation .


Input: if you reside outside the united states , you are entering into this contract with linkedin ireland u.c. and your personal data provided to , or collected by or for , our services is controlled by linkedin ireland u.c.


Input: when you register and join the linkedin service , you become a member .


Input: if you have chosen not to register for our services , you may access certain features as a visitor .


Input: we may modify this contract , our privacy policy and our cookies policies from time to time .


Input: if we make material changes to it , we will provide you notice through our services , or by other means , to provide you the opportunity to review the changes before they become effective .


Input: if you object to any changes , you may close your account .


Input: your continued use of our services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms .


Input: here are some promises you make to us in this contract :


Input: you 're eligible to enter into this contract and you are at least our `` minimum age . ''


Input: the services are not for use by anyone under the age of 16 .


Input: to use the services , you agree that : ( 1 ) you must be the `` minimum age '' ( described below ) or older ; ( 2 ) you will only have one linkedin account ( and/or one slideshare account , if applicable ) , which must be in your real name ; and ( 3 ) you are not already restricted by linkedin from using the services .


Input: members who were below this new minimum age when they started using the services under a previous user agreement may continue to use them , as they have already reached the new minimum age since then or will reach it in the near future .


Input: `` minimum age '' means 16 years old .


Input: however , if law requires that you must be older in order for linkedin to lawfully provide the services to you without parental consent ( including using of your personal data ) then the minimum age is such older age .


Input: you 'll keep your password a secret .


Input: you will not share an account with anyone else and will follow our rules and the law .


Input: you agree to : ( 1 ) try to choose a strong and secure password ; ( 2 ) keep your password secure and confidential ; ( 3 ) not transfer any part of your account ( e.g. , connections ) and ( 4 ) follow the law and our list of dos and do n'ts .


Input: you are responsible for anything that happens through your account unless you close it or report misuse .


Input: as between you and others ( including your employer ) , your account belongs to you .


Input: however , if the services were purchased by another party for you to use ( e.g. recruiter seat bought by your employer ) , the party paying for such service has the right to control access to and get reports on your use of such paid service ; however , they do not have rights to your personal account .


Input: you 'll honor your payment obligations and you are okay with us storing your payment information .


Input: you understand that there may be fees and taxes that are added to our prices .


Input: we do n't guarantee refunds .


Input: if you buy any of our paid services ( `` premium services '' ) , you agree to pay us the applicable fees and taxes and to additional terms specific to the paid services .


Input: failure to pay these fees will result in the termination of your paid services .


Input: also , you agree that :


Input: your purchase may be subject to foreign exchange fees or differences in prices based on location ( e.g. exchange rates ) .


Input: we may store and continue billing your payment method ( e.g. credit card ) even after it has expired , to avoid interruptions in your services and to use to pay other services you may buy .


Input: if you purchase a subscription , your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period .


Input: to avoid future charges , cancel before the renewal date .


Input: learn how to cancel or suspend your premium services .


Input: all of your purchases of services are subject to linkedin 's refund policy .


Input: we may calculate taxes payable by you based on the billing information that you provide us at the time of purchase .


Input: you can get a copy of your invoice through your linkedin account settings under `` purchase history '' .


Input: you 're okay with us providing notices to you through our websites , apps , and contact information your provided to us .


Input: if the contact information you provide is out of date , you may miss out on important notices .


Input: you agree that we will provide notices to you in the following ways : ( 1 ) a notice within the service , or ( 2 ) a message sent to the contact information you provided us ( e.g. , email , mobile number , physical address ) .


Input: you agree to keep your contact information up to date .


Input: please review your settings to control and limit the messages you receive from us .


Input: when you share information , others can see , copy and use that information .


Input: our services allow messaging and sharing of information in many ways , such as your profile , slide deck , links to news articles , job postings , inmails and blogs .


Input: information and content that you share or post may be seen by other members or visitors .


Input: where we have made settings available , we will honor the choices you make about who can see content or information ( e.g. , message content to your addressees , sharing content only to linkedin connections , restricting your profile visibility from search engines , or opting not to notify others of your linkedin profile update ) .


Input: for job searching activities , we default to not notifying your connections network or the public .


Input: so if you apply for a job through our service or opt to signal that you are interested in a job , our default is to share it only with the job poster .


Input: we are not obligated to publish any information or content on our service and can remove it in our sole discretion , with or without notice .


Input: you own all of the content , feedback , and personal information you provide to us , but you also grant us a non-exclusive license to it .


Input: we 'll honor the choices you make about who gets to see your information and content


Input: you promise to only provide information and content that you have the right to share , and that your linkedin profile will be truthful .


Input: as between you and linkedin , you own the content and information that you submit or post to the services and you are only granting linkedin and our affiliates the following non-exclusive license : a worldwide , transferable and sublicensable right to use , copy , modify , distribute , publish , and process , information and content that you provide through our services , without any further consent , notice and/or compensation to you or others .


Input: these rights are limited in the following ways :


Input: you can end this license for specific content by deleting such content from the services , or generally by closing your account , except ( a ) to the extent you shared it with others as part of the service and they copied , re-shared it or stored it and ( b ) for the reasonable time it takes to remove from backup and other systems .


Input: we will not include your content in advertisements for the products and services of third parties to others without your separate consent ( including sponsored content ) .


Input: however , we have the right , without payment to you or others , to serve ads near your content and information , and your social actions on sponsored content and company pages may be visible , as noted in the privacy policy .


Input: we will get your consent if we want to give third parties the right to publish your posts beyond the service .


Input: however , other members and/or visitors may access and share your content and information , consistent with your choices .


Input: while we may edit and make formatting changes to your content ( such as translating it , modifying the size , layout or file type or removing metadata ) , we will not modify the meaning of your expression .


Input: because you own your content and information and we only have non-exclusive rights to it , you may choose to make it available to others , including under the terms of a creative commons license .


Input: you agree that we may access , store and use any information that you provide in accordance with the terms of the privacy policy and your choices ( including settings ) .


Input: by submitting suggestions or other feedback regarding our services to linkedin , you agree that linkedin can use and share ( but does not have to ) such feedback for any purpose without compensation to you .


Input: you agree to only provide content or information that does not violate the law nor anyone 's rights ( including intellectual property rights ) .


Input: you also agree that your profile information will be truthful .


Input: linkedin may be required by law to remove certain information or content in certain countries .


Input: we may change , suspend or end any service , or change and modify prices prospectively in our discretion .


Input: to the extent allowed under law , these changes may be effective upon notice provided to you .


Input: we may change or discontinue any of our services .


Input: we do n't promise to store or keep showing any information and content that you 've posted .


Input: linkedin is not a storage service .


Input: you agree that we have no obligation to store , maintain or provide you a copy of any content or information that you or others provide , except to the extent required by applicable law and as noted in our privacy policy .


Input: 3.3 other content , sites and apps


Input: your use of others ' content and information posted on our services , is at your own risk .


Input: others may offer their own products and services through linkedin , and we are n't responsible for those third-party activities .


Input: by using the services , you may encounter content or information that might be inaccurate , incomplete , delayed , misleading , illegal , offensive or otherwise harmful .


Input: linkedin generally does not review content provided by our members or others .


Input: you agree that we are not responsible for others ' ( including other members ' ) content or information .


Input: we can not always prevent this misuse of our services , and you agree that we are not responsible for any such misuse .


Input: you also acknowledge the risk that you or your organization may be mistakenly associated with content about others when we let connections and followers know you or your organization were mentioned in the news .


Input: you may opt out of this feature .


Input: you are responsible for deciding if you want to access or use third party apps or sites that link from our services .


Input: if you allow a third party app or site to authenticate you or connect with your linkedin account , that app or site can access information on linkedin related to you and your connections .


Input: third party apps and sites have their own legal terms and privacy policies , and you may be giving others permission to use your information in ways we would not .


Input: except to the limited extent it may be required by applicable law , linkedin is not responsible for these other sites and apps -- use these at your own risk .


Input: please see our privacy policy .


Input: we have the right to limit how you connect and interact on our services .


Input: linkedin reserves the right to limit your use of the services , including the number of your connections and your ability to contact other members .


Input: linkedin reserves the right to restrict , suspend , or terminate your account if linkedin believes that you may be in breach of this contract or law or are misusing the services ( e.g. violating any do and do n'ts ) .


Input: we 're providing you notice about our intellectual property rights .


Input: linkedin reserves all of its intellectual property rights in the services .


Input: using the services does not give you any ownership in our services or the content or information made available through our services .


Input: trademarks and logos used in connection with the services are be the trademarks of their respective owners .


Input: linkedin , slideshare , and `` in '' logos and other linkedin trademarks , service marks , graphics , and logos used for our services are trademarks or registered trademarks of linkedin .


Input: this is our disclaimer of legal liability for the quality , safety , or reliability of our services .


Input: to the extent allowed under law , linkedin and its affiliates ( and those that linkedin works with to provide the services ) ( a ) disclaim all implied warranties and representations ( e.g. warranties of merchantability , fitness for a particular purpose , accuracy of data , and noninfringement ) ; ( b ) do not guarantee that the services will function without interruption or errors , and ( c ) provide the service ( including content and information ) on an `` as is '' and `` as available '' basis .


Input: some laws do not allow certain disclaimers , so some or all of these disclaimers may not apply to you .


Input: these are the limits of legal liability we may have to you .


Input: to the extent permitted under law ( and unless linkedin has entered into a separate written agreement that overrides this contract ) , linkedin and its affiliates ( and those that linkedin works with to provide the services ) shall not be liable to you or others for any indirect , incidental , special , consequential or punitive damages , or any loss of data , opportunities , reputation , profits or revenues , related to the services ( e.g. offensive or defamatory statements , down time or loss , use of , or changes to , your information or content ) .


Input: in no event shall the liability of linkedin and its affiliates ( and those that linkedin works with to provide the services ) exceed , in the aggregate for all claims , an amount that is the lesser of ( a ) five times the most recent monthly or yearly fee that you paid for a premium service , if any , or ( b ) us $ 1000 .


Input: this limitation of liability is part of the basis of the bargain between you and linkedin and shall apply to all claims of liability ( e.g. warranty , tort , negligence , contract , law ) and even if linkedin or its affiliates has been told of the possibility of any such damage , and even if these remedies fail their essential purpose .


Input: some laws do not allow the limitation or exclusion of liability , so these limits may not apply to you .


Input: we can each end this contract anytime we want .


Input: both you and linkedin may terminate this contract at any time with notice to the other .


Input: on termination , you lose the right to access or use the services .


Input: the following shall survive termination :


Input: our rights to use and disclose your feedback ;


Input: members and/or visitors ' rights to further re-share content and information you shared through the service to the extent copied or re-shared prior to termination ;


Input: sections 4 , 6 and 7 of this contract ;


Input: any amounts owed by either party prior to termination remain owed after termination .


Input: you can visit our help center to close your account .


Input: in the unlikely event we end up in a legal dispute , we agree to resolve it in california courts ( using california law ) or dublin , ireland courts ( using irish law ) .


Input: if you live in the european union : you agree that the laws of ireland , excluding conflict of laws rules , shall exclusively govern any dispute relating to this contract and/or the services .


Input: we both agree that all of these claims can only be litigated in dublin , ireland , and we each agree to personal jurisdiction of the courts located in dublin , ireland .


Input: for all others , including those who live outside of the united states , you agree that the laws of the state of california , u.s.a. , excluding its conflict of laws rules , shall exclusively govern any dispute relating to this contract and/or the services .


Input: we both agree that all of these claims can only be litigated in the federal or state courts in santa clara county , california , usa , and we each agree to personal jurisdiction in those courts .


Input: here are some important details about how to read the contract .


Input: if a court with authority over this contract finds any part of it not enforceable , you and us agree that the court should modify the terms to make that part enforceable while still achieving its intent .


Input: if the court can not do that , you and us agree to ask the court to remove that unenforceable part and still enforce the rest of this contract .


Input: to the extent allowed by law , the english language version of this contract is binding and other translations are for convenience only .


Input: this contract ( including additional terms that may be provided by us when you engage with a feature of the services ) is the only agreement between us regarding the services and supersedes all prior agreements for the services .


Input: if we do n't act to enforce a breach of this contract , that does not mean that linkedin has waived its right to enforce this contract .


Input: you may not assign or transfer this contract ( or your membership or use of services ) to anyone without our consent .


Input: however , you agree that linkedin may assign this contract to its affiliates or a party that buys it without your consent .


Input: there are no third party beneficiaries to this contract .


Input: we reserve the right to change the terms of this contract and will provide you notice if we do and we agree that changes can not be retroactive .


Input: if you do n't agree to these changes , you must stop using the services .


Input: you agree that the only way to provide us legal notice is at the addresses provided in section 10 .


Input: linkedin `` dos '' and `` do n'ts ''


Input: you agree that you will :


Input: comply with all applicable laws , including , without limitation , privacy laws , intellectual property laws , anti-spam laws , export control laws , tax laws , and regulatory requirements ;


Input: provide accurate information to us and keep it updated ;


Input: use your real name on your profile ;


Input: use the services in a professional manner .


Input: you agree that you will not :


Input: act in an unlawful or unprofessional manner in connection with our services , including being dishonest , abusive or discriminatory ;


Input: post inaccurate , defamatory obscene , shocking , hateful , threatening or otherwise inappropriate content or airing personal grievances or disputes ;


Input: use an image that is not your likeness or a head-shot photo for your profile ;


Input: create a false identity on linkedin .


Input: the occasional creation of clearly fictional profiles by linkedin or with its express permission in connection with a promotional campaign does not waive this obligation ;


Input: misrepresent your identity ( e.g. by using a pseudonym ) , your current or previous positions , qualifications or affiliations with a person or entity ;


Input: create a member profile for anyone other than yourself ( a real person ) ;


Input: invite people you do not know to join your network ;


Input: use or attempt to use another 's account ;


Input: harass , abuse or harm another person ;


Input: send or post any unsolicited or unauthorized advertising , `` junk mail , '' `` spam , '' `` chain letters , '' `` pyramid schemes , '' or any form of solicitation unauthorized by linkedin ;


Input: develop , support or use software , devices , scripts , robots , or any other means or processes ( including crawlers , browser plugins and add-ons , or any other technology or manual work ) to scrape the services or otherwise copy profiles and other data from the services ;


Input: bypass or circumvent any access controls or service use limits ( such as caps on keyword searches ) ;


Input: copy , use , disclose or distribute any information obtained from the services , whether directly or through third parties ( such as search engines ) , without the consent of linkedin ;


Input: solicit email addresses or other personal information from members you do n't know , without authorization .


Input: use , disclose or distribute any data obtained in violation of this policy ;


Input: disclose information that you do not have the consent to disclose ( such as confidential information of others ( including your employer ) ) ;


Input: violate the intellectual property rights of others , including copyrights , patents , trademarks , trade secrets , or other proprietary rights .


Input: for example , do not copy or distribute ( except through the available sharing functionality ) the posts or other content of others without their permission , which they may give by posting under a creative commons license ;


Input: violate the intellectual property or other rights of linkedin , including , without limitation , ( i ) copying or distributing our learning videos or other materials or ( ii ) copying or distributing our technology , unless it is released under open source licenses ; ( iii ) using the word `` linkedin '' or our logos in any business name , email , or url except as provided in the brand guidelines ;


Input: use linkedin invitations to send messages to people who do n't know you or who are unlikely to recognize you as a known contact ;


Input: post anything that contains software viruses , worms , or any other harmful code ;


Input: manipulate identifiers in order to disguise the origin of any message or post transmitted through the services .


Input: create profiles or provide content that promotes escort services or prostitution .


Input: create or operate a pyramid scheme , fraud or other similar practice ;


Input: reverse engineer , decompile , disassemble , decipher or otherwise attempt to derive the source code for the services or any related technology that is not open source ;


Input: imply or state that you are affiliated with or endorsed by linkedin without our express consent ( e.g. , representing yourself as an accredited linkedin trainer ) ;


Input: rent , lease , loan , trade , sell/re-sell access to the services or related data ;


Input: sell , sponsor , or otherwise monetize any service without linkedin 's consent ;


Input: deep-link to our services for any purpose other than to promote your profile or a group on our services , without linkedin 's consent ;


Input: remove any copyright , trademark or other proprietary rights notices contained in or on our service ;


Input: remove , cover or obscure any advertisement included on the services ;


Input: use bots or other automated methods to access the services , add or download contacts , send or redirect messages ;


Input: monitor the services ' availability , performance or functionality for any competitive purpose ;


Input: engage in `` framing , '' `` mirroring , '' or otherwise simulating the appearance or function of the services ;


Input: overlaying or otherwise modifying the services or their appearance ;


Input: access the services except through the interfaces expressly provided by linkedin , such as its mobile applications , linkedin.com and slideshare.net ;


Input: use a service for tasks that it is not intended for ;


Input: override any security feature of the services ;


Input: interfere with the operation of , or place an unreasonable load on , the services ( e.g. , spam , denial of service attack , viruses , gaming algorithms ) ; and/or


Input: violate the professional community guidelines or any additional terms concerning a specific service that are provided when you sign up for or start using such service .


Input: we respect the intellectual property rights of others .


Input: we require that information posted by members be accurate and not in violation of the intellectual property rights or other rights of third parties .


Input: we provide a policy and process for complaints concerning content posted by our members .


Input: if you want to send us notices or service of process , please contact us :


Input: duolingo websites ( `` websites '' ) and mobile applications , including the tinycards application ( `` apps '' ) and related services ( together with the websites , the `` service '' ) , including our language proficiency testing services ( the `` duolingo english test '' ) are operated by duolingo , inc. ( `` duolingo , '' `` us , '' or `` we '' ) .


Input: access and use of the service is subject to the following terms and conditions of service ( `` terms and conditions '' ) .


Input: by accessing or using any part of the service , you represent that you have read , understood , and agree to be bound by these terms and conditions including any future modifications .


Input: duolingo may amend , update or change these terms and conditions .


Input: if we do this , we will post a notice that we have made changes to these terms and conditions on the websites for at least 7 days after the changes are posted and will indicate at the bottom of the terms and conditions the date these terms were last revised .


Input: any revisions to these terms and conditions will become effective the earlier of ( i ) the end of such 7-day period or ( ii ) the first time you access or use the service after such changes .


Input: if you do not agree to abide by these terms and conditions , you are not authorized to use , access or participate in the service .


Input: please note that these terms and conditions contain a mandatory arbitration of disputes provision that requires the use of arbitration on an individual basis to resolve disputes in certain circumstances , rather than jury trials or class action lawsuits .


Input: view these terms in `` governing law and arbitration '' below .


Input: the service allows users to access and use a variety of educational services , including learning or practicing a language , taking examinations in the duolingo english test , and creating and viewing flashcards on the tinycards app .


Input: duolingo may , in its sole discretion and at any time , update , change , suspend , make improvements to or discontinue any aspect of the service , temporarily or permanently .


Input: in connection with registering for and using the service , you agree ( i ) to provide accurate , current and complete information about you and/or your organization as requested by duolingo ; ( ii ) to maintain the confidentiality of your password and other information related to the security of your account ; ( iii ) to maintain and promptly update any registration information you provide to duolingo , to keep such information accurate , current and complete ; and ( iv ) to be fully responsible for all use of your account and for any actions that take place through your account .


Input: if you are or become a course contributor , you may offer to translate or have translated certain existing courses into other languages and you may offer to contribute new courses to the service , as agreed between you and duolingo on a case-by-case basis .


Input: subject to any guidelines posted on the service , you may perform any such translations or create any such courses in accordance with your own schedule and using your own facilities and resources .


Input: you are not required to become a course contributor and you may cease your activities as a course contributor at any time .


Input: you acknowledge that you do not desire and will not receive compensation for your activities as a course contributor or for our use of any course contributor materials ( as defined below ) you submit .


Input: any translation of an existing duolingo course you submit or have submitted and any new language course you submit or have submitted as a course contributor ( collectively , `` course contributor materials '' ) are owned by you ( subject of course to us retaining ownership of the existing duolingo course you translated ) .


Input: by submitting any course contributor material , you grant us a fully paid up , royalty-free , perpetual , sublicensable license to reproduce , display , perform , modify , create derivative works of , distribute and otherwise use such course contributor material in any manner .


Input: as a condition of submitting any ratings , reviews , information , data , text , photographs , audio clips , audiovisual works , translations , flashcards or other materials on the services ( `` content '' ) , you hereby grant to duolingo a royalty free , perpetual , irrevocable , worldwide , nonexclusive , transferable , and sublicensable license to use , reproduce , copy , adapt , modify , merge , distribute , publicly display , create derivative works from , incorporate such content into other works ; sublicense through multiple tiers the content , and acknowledge that this license can not be terminated by you once your content is submitted to the services .


Input: you represent that you own or have secured all legal rights necessary for the content submitted by you to be used by you , duolingo , and others as described and otherwise contemplated in these terms and conditions .


Input: you understand that other users will have access to the content and that neither they or duolingo have any obligation to you or anyone else to maintain the confidentiality of the content .


Input: you represent and warrant to duolingo that your access and use of the service will be in accordance with these terms and conditions and with all applicable laws , rules and regulations of the united states and any other relevant jurisdiction , including those regarding online conduct or acceptable content , and those regarding the transmission of data or information exported from the united states and/or the jurisdiction in which you reside .


Input: you further represent and warrant that you have created or own any material you submit via the service ( including translation materials , course contributor materials , activity materials , and content ) and that you have the right , as applicable , to grant us a license to use that material as set forth above or the right to assign that material to us as set forth below .


Input: if you register with the duolingo english test , you further represent and warrant that the identification materials you submit to duolingo are true and accurate representations of legal identification documents , issued to you by a government entity in accordance with local laws , and that you are registering for the duolingo english test for the express purpose of taking a language examination .


Input: you further represent and warrant that you will carefully safeguard your password , user name , and account information , will not share your password or user name with any third party , and will not allow any third party to access your duolingo english test account for any purpose .


Input: you represent and warrant that ( 1 ) you are not organized under the laws of , operating from , or otherwise ordinarily resident in a country or territory that is the target or comprehensive u.s. economic or trade sanctions ( i.e. , an embargo ) or ( 2 ) identified on a list of prohibited or restricted persons , such as the u.s. treasury department 's list of specially designated nationals and blocked persons , or ( 3 ) otherwise the target of u.s. sanctions .


Input: you will not upload , display or otherwise provide on or through the service any content that : ( i ) is libelous , defamatory , abusive , threatening , harassing , hateful , offensive or otherwise violates any law or infringes upon the right of any third party ( including copyright , trademark , privacy , publicity or other personal or proprietary rights ) ; or ( ii ) in duolingo 's sole judgment , is objectionable or which restricts or inhibits any other person from using the service or which may expose duolingo or its users to any harm or liability of any kind .


Input: you will not use the duolingo english test to collect information about our testing process or to develop strategy , guides or other testing preparation material or a similar testing service , and you will not violate any rules applicable to the english test or otherwise cheat or circumvent the applicable procedures when taking an english test .


Input: you agree to defend , indemnify and hold harmless duolingo and its directors , officers , employees , contractors , agents , suppliers , licensors , successors and assigns , from and against any and all losses , claims , causes of action , obligations , liabilities and damages whatsoever , including attorneys ' fees , arising out of or relating to your access or use of the service , any false representation made to us ( as part of these terms and conditions or otherwise ) , your breach of any of these terms and conditions , or any claim that any translation we provide to you is inaccurate , inappropriate or defective in any way whatsoever .


Input: subject to the terms of these terms and conditions , duolingo grants you a non-transferable , non-exclusive license to download , install , and use one copy of each app in object code form only on an interactive wireless device that you own or control .


Input: you may not derive or attempt to derive the source code of all or any portion of any app , permit any third party to derive or attempt to derive such source code , or reverse engineer , decompile , disassemble , or translate any app or any part thereof .


Input: duolingo and its licensors own and shall retain all intellectual property rights and other rights in and to the apps , and any changes , modifications , or corrections thereto .


Input: the following terms and conditions apply to you only if you are using the apps from the apple app store .


Input: to the extent the other terms and conditions of these terms and conditions are less restrictive than , or otherwise conflict with , the terms and conditions of this paragraph , the more restrictive or conflicting terms and conditions in this paragraph apply , but solely with respect to apps from the apple app store .


Input: you acknowledge and agree that these terms and conditions are solely between you and duolingo , not apple , and that apple has no responsibility for the apps or content thereof .


Input: your use of any app must comply with the app store terms of service .


Input: you acknowledge that apple has no obligation whatsoever to furnish any maintenance and support services with respect to the apps .


Input: in the event of any failure of any app to conform to any applicable warranty , you may notify apple , and apple will refund the purchase price , if any , for the app to you ; to the maximum extent permitted by applicable law , apple will have no other warranty obligation whatsoever with respect to the apps , and any other claims , losses , liabilities , damages , costs or expenses attributable to any failure to conform to any warranty will be solely governed by these terms and conditions .


Input: you and duolingo acknowledge that apple is not responsible for addressing any claims of you or any third party relating to the apps or your possession and/or use of any app , including , but not limited to : ( i ) product liability claims ; ( ii ) any claim that an app fails to conform to any applicable legal or regulatory requirement ; and ( iii ) claims arising under consumer protection or similar legislation .


Input: you and duolingo acknowledge that , in the event of any third-party claim that any app or your possession and use of that app infringes that third party 's intellectual property rights , duolingo , not apple , will be solely responsible for the investigation , defense , settlement and discharge of any such intellectual property infringement claim to the extent required by these terms and conditions .


Input: you must comply with applicable third party terms of agreement when using any app .


Input: you and duolingo acknowledge and agree that apple , and apple 's subsidiaries , are third party beneficiaries of these terms and conditions as they relate to your license of the apps , and that , upon your acceptance of these terms and conditions , apple will have the right ( and will be deemed to have accepted the right ) to enforce these terms and conditions against you as a third party beneficiary thereof .


Input: if you purchase an auto-renewing periodic subscription through the service , your duolingo account will be billed continuously for the subscription until you terminate it as set forth below .


Input: after your initial subscription period , and again after any subsequent subscription period , your subscription will automatically renew for an additional equivalent period .


Input: if you do not wish your subscription to renew automatically , or if you want to change or terminate your subscription , you will need to log in to your duolingo account and follow instructions to terminate or change your subscription , even if you have deleted your account .


Input: in the service , you may purchase , with `` real world '' money , a limited , personal , non-transferable , non-sublicensable , revocable license to use ( a ) `` virtual currency , '' including but not limited to virtual gems , solely for use in the service , and ( b ) `` virtual in-app items '' ( together with `` virtual currency , '' `` virtual items '' ) .


Input: you are allowed to purchase virtual items through the service , and not in any other way .


Input: duolingo may manage , regulate , control , modify , or eliminate virtual items at any time , with or without notice .


Input: duolingo may update the pricing of virtual items at any time in its sole discretion , and may add new virtual items for additional fees .


Input: duolingo shall have no liability to you or any third party in the event that duolingo exercises any such rights .


Input: the transfer of virtual items is prohibited except where expressly authorized in the service .


Input: other than as expressly authorized in the service , you shall not sell , redeem or otherwise transfer virtual items to any person or entity , including but not limited to company , another user , or any third party .


Input: you agree to pay all fees and applicable taxes incurred by you or anyone using a duolingo account registered to you .


Input: duolingo may revise the pricing for the goods and services offered through the service at any time .


Input: all information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the service must be accurate , complete , and current .


Input: you agree to pay all charges incurred by users of your credit card , debit card , or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the service at the prices in effect when such charges are incurred .


Input: you will pay any applicable taxes , if any , relating to any such purchases , transactions or other monetary transaction interactions .


Input: all financial transactions made in connection with the service will be processed by a third party in accordance with their respective terms of use , privacy policy , and/or any applicable payment terms and conditions .


Input: we encourage you to learn about the practices of such third party .


Input: in no event will duolingo be responsible for the actions or inactions of any third party payment processor , including , but not limited to , system downtime or payment service outages .


Input: in the event that duolingo suspends or terminates your use of the service or these terms and conditions or you close your account voluntarily , you understand and agree that you will receive no refund or exchange of any kind , including for any unused virtual currency or other virtual item , any content or data associated with your use of the service , or for anything else .


Input: in the event of a test issue ( described below ) , duolingo will , at its option , either ( a ) provide the user with a refund for the affected test , or ( b ) use reasonable efforts to resolve the test issue .


Input: for purposes of this section , `` test issue '' means : ( i ) the inability to complete the test due to a failure in the websites or the apps , or ( ii ) test results are delivered more than 48 hours after the test is completed .


Input: whether an issue constitutes a test issue will be determined by duolingo in its reasonable discretion .


Input: for clarity , termination or suspension of your account or certain activities on the service that results from a violation of section 5 regarding the english test rules and procedures does not constitute a `` test issue '' and will not result in a refund .


Input: the amount of any refund will depend on the nature of the test issue and will not exceed the total amount actually paid by the user for the affected test .


Input: to submit a valid claim for a refund , a user must ( a ) submit the test issue in writing to duolingo within 24 hours after the test issue occurs , and respond to duolingo 's requests for information or cooperation , ( b ) not have directly or indirectly caused the test issue , and ( c ) have met all test requirements when taking the test prior to making a claim for a test issue .


Input: third-party links , sites , and services


Input: the service may contain links to third-party websites , advertisers , services , special offers , or other events or activities that are not owned or controlled by duolingo .


Input: we do not endorse or assume any responsibility for any such third-party sites , information , materials , products , or services .


Input: if you access any third party website , service , or content from duolingo , you understand that these terms and conditions and our privacy policy do not apply to your use of such sites .


Input: you expressly acknowledge and agree that duolingo shall not be responsible or liable , directly or indirectly , for any damage or loss arising from your use of any third-party website , service , or content .


Input: the service may include advertisements , which may be targeted to the content or information on the service , or other information .


Input: the types and extent of advertising by duolingo on the service are subject to change .


Input: in consideration for duolingo granting you access to and use of the service , you agree that duolingo and its third party providers and partners may place such advertising in connection with the display of content or information submitted by you or others .


Input: no representations or warranties by duolingo


Input: the service , including all images , audio files and other content therein , and any other information , property and rights granted or provided to you by duolingo are provided to you on an `` as is '' basis .


Input: duolingo and its suppliers make no representations or warranties of any kind with respect to the service , either express or implied , and all such representations and warranties , including warranties of merchantability , fitness for a particular purpose or non-infringement , are expressly disclaimed .


Input: without limiting the generality of the foregoing , duolingo does not make any representation or warranty of any kind relating to accuracy , service availability , completeness , informational content , error-free operation , results to be obtained from use , or non-infringement .


Input: access and use of the service may be unavailable during periods of peak demand , system upgrades , malfunctions or scheduled or unscheduled maintenance or for other reasons .


Input: some jurisdictions do not allow the exclusion of implied warranties , so the above exclusion may not apply to you .


Input: limitation on types of damages/limitation of liability


Input: in no event will duolingo be liable to you or any third party claiming through you ( whether based in contract , tort , strict liability or other theory ) for indirect , incidental , special , consequential or exemplary damages arising out of or relating to the access or use of , or the inability to access or use , the service or any portion thereof , including but not limited to the loss of use of the service , inaccurate results , loss of profits , business interruption , or damages stemming from loss or corruption of data or data being rendered inaccurate , the cost of recovering any data , the cost of substitute services or claims by third parties for any damage to computers , software , modems , telephones or other property , even if duolingo has been advised of the possibility of such damages .


Input: duolingo 's liability to you or any third party claiming through you for any cause whatsoever , and regardless of the form of the action , is limited to the amount paid , if any , by you to duolingo for the service in the 12 months prior to the initial action giving rise to liability .


Input: this is an aggregate limit .


Input: the existence of more than one claim hereunder will not increase this limit .


Input: duolingo may terminate your access and use of the service immediately at any time , for any reason , and at such time you will have no further right to use the service .


Input: you may terminate your duolingo account at any time by following the instructions available through the service .


Input: the provisions of these terms and conditions relating to the protection and enforcement of duolingo 's proprietary rights , your representations and warranties , disclaimer of representations and warranties , release and indemnities , limitations of liability and types of damages , ownership of data and information , governing law and venue , and miscellaneous provisions shall survive any such termination .


Input: proprietary rights in service content and activity materials


Input: all content available through the service , including designs , text , graphics , images , information , software , audio and other files , and their selection and arrangement ( the `` service content '' ) , are the proprietary property of duolingo or its licensors .


Input: no service content may be modified , copied , distributed , framed , reproduced , republished , downloaded , scraped , displayed , posted , transmitted , or sold in any form or by any means , in whole or in part , other than as expressly permitted in these terms and conditions .


Input: you may not use any data mining , robots , scraping or similar data gathering or extraction methods to obtain service content .


Input: as between you and duolingo , all data , information and materials generated from your access and use of the educational activities made available on or through the service , including translated content generated by you ( collectively , the `` activity materials '' ) , shall be exclusively owned by duolingo , and you shall not have any right to use such activity materials except as expressly authorized by these terms and conditions .


Input: activity materials will not include translation materials .


Input: by using the service , you hereby assign to duolingo any and all rights , title and interest , including any intellectual property rights or proprietary rights , in the activity materials .


Input: all rights of duolingo or its licensors that are not expressly granted in these terms and conditions are reserved to duolingo and its licensors .


Input: `` duolingo , '' `` tinycards '' and all other trademarks , service marks , graphics and logos used in connection with the service are trademarks or service marks of duolingo or their respective owners , and certain of them are registered with the united states patent and trademark office .


Input: access and use of the service does not grant or provide you with the right or license to reproduce or otherwise use the duolingo name or any duolingo or third-party trademarks , service marks , graphics or logos .


Input: use of the service is also governed by our privacy policy , a copy of which is located at https://www.duolingo.com/privacy .


Input: by using the service , you consent to the terms of the privacy policy .


Input: notice for claims of copyright violations and agent for notice


Input: if you are a copyright owner and have a good faith belief that any material available through the service infringes upon your copyrights , you may submit a copyright infringement notification to duolingo pursuant to the digital millennium copyright act by providing us with the following information in writing :


Input: an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest ;


Input: a description of the copyrighted work that you claim has been infringed ;


Input: a description of where the material that you claim is infringing is located on the service , with enough detail that we may find it on the service ;


Input: your address , telephone number , and email address ;


Input: a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner , its agent , or the law ; and


Input: a statement by you , made under penalty of perjury , that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner 's behalf .


Input: please consult your legal counsel for further details or see 17 u.s.c. § 512 ( c ) ( 3 ) .


Input: duolingo 's agent for notice of claims of copyright infringement can be reached as follows :


Input: by mail : 5900 penn avenue , pittsburgh pa 15206 , usa


Input: these terms and conditions , its subject matter and duolingo 's and your respective rights under these terms and conditions , as well as and any claim , cause of action or dispute ( `` claim '' ) arising out of or related to these terms and conditions , shall be governed by and construed under the laws of the commonwealth of pennsylvania , united states of america , excluding the conflict of law provisions of that or any other jurisdiction , regardless of your country of origin or where you access the service .


Input: any dispute or claim relating in any way to these terms and conditions or the service will be resolved by binding arbitration , rather than in court , except for duolingo 's right to seek injunctive relief as set forth below .


Input: unless otherwise expressly required by applicable law , each party shall bear its own attorneys ' fees without regard to which party is deemed the prevailing party in the arbitration proceeding .


Input: if you do not want to arbitrate disputes with duolingo and you are an individual , you may opt out of this arbitration agreement by sending an email to legal@duolingo.com within 30 days of the day you first access or use the service .


Input: if you intend to seek arbitration you must first send written notice to duolingo 's administration office of your intent to arbitrate ( `` notice '' ) .


Input: the notice to duolingo should be sent by any of the following means : ( i ) electronic mail to legal@duolingo.com ; or ( ii ) sending the notice by u.s. postal service certified mail to duolingo , inc. , attention : legal , 5900 penn ave ; pittsburgh , pa 15206 .


Input: the notice must ( x ) describe the nature and basis of the claim or dispute ; and ( y ) set forth the specific relief sought ; and ( z ) set forth your name , address and contact information .


Input: if we intend to seek arbitration against you , we will send any notice of dispute to you at the contact information we have for you .


Input: the arbitration will be conducted before a neutral single arbitrator in the county of allegheny in the commonwealth of pennsylvania , whose decision will be final and binding , and the arbitral proceedings will be governed by the american arbitration association ( `` aaa '' ) under its aaa commercial arbitration rules , consumer due process protocol , and supplementary procedures for resolution of consumer related disputes , as modified by these terms and conditions .


Input: the aaa 's rules are available at www.adr.org or by calling 1-800-778-7879 .


Input: all issues are for the arbitrator to decide , including the scope of this arbitration clause , but the arbitrator is bound by the terms of these terms and conditions .


Input: if you initiate arbitration , your arbitration fees will be limited to the filing fee set forth in the aaa 's consumer arbitration rules .


Input: we will reimburse all other aaa filing , administration and arbitrator fees paid by you , unless the arbitrator determines that the arbitration was frivolous or brought for an improper purpose , in which case the payment of all such fees shall be governed by the aaa rules .


Input: the arbitration will be conducted in the english language .


Input: judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction .


Input: for any claim where the potential award is reasonably likely to be $ 10,000 or less , either you or duolingo may elect to have the dispute resolved through non-appearance-based arbitration .


Input: to the fullest extent permitted by applicable law , you and duolingo each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class , consolidated or representative action .


Input: if for any reason a claim proceeds in court rather than in arbitration , you and duolingo each waive any right to a jury trial .


Input: if a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable , you and duolingo agree that all claims arising out of or related to these terms and conditions must be resolved exclusively by a state or federal court located in the county of allegheny in the commonwealth of pennsylvania , and you and duolingo each agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating all such claims .


Input: notwithstanding the above , you agree that duolingo shall still be allowed to apply for and obtain injunctive remedies ( or an equivalent type of urgent legal relief ) in any jurisdiction .


Input: this agreement was originally written in english ( us ) .


Input: to the extent any translated version of this agreement conflicts with the english version , the english version controls .


Input: these terms and conditions constitute the entire agreement between duolingo and you concerning the subject matter hereof .


Input: in the event that any of the terms and conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable , such provisions shall be limited or eliminated to the minimum extent necessary so that these terms and conditions shall otherwise remain in full force and effect .


Input: a waiver by duolingo or you of any provision of these terms and conditions or any breach thereof , in any one instance , will not waive such term or condition or any subsequent breach thereof .


Input: duolingo may assign its rights or obligations under these terms and conditions without condition .


Input: these terms and conditions will be binding upon and will inure to the benefit of duolingo and you , and duolingo 's and your respective successors and permitted assigns .


Input: last revised on december 11th , 2017


Input: last updated : march 16 , 2017


Input: these terms of use ( `` terms '' ) govern the access or use by you , an individual , from within any country in the world ( excluding the united states and its territories and possessions and mainland china ) of applications , websites , content , products , and services ( the `` services '' ) made available by uber b.v. , a private limited liability company established in the netherlands , having its offices at vijzelstraat 68 , 1017 hl , amsterdam , the netherlands , registered at the amsterdam chamber of commerce under number 56317441 ( `` uber '' ) .


Input: please read these terms carefully before accessing or using the services .


Input: your access and use of the services constitutes your agreement to be bound by these terms , which establishes a contractual relationship between you and uber .


Input: if you do not agree to these terms , you may not access or use the services .


Input: these terms expressly supersede prior agreements or arrangements with you .


Input: uber may immediately terminate these terms or any services with respect to you , or generally cease offering or deny access to the services or any portion thereof , at any time for any reason .


Input: supplemental terms may apply to certain services , such as policies for a particular event , activity or promotion , and such supplemental terms will be disclosed to you in connection with the applicable services .


Input: supplemental terms are in addition to , and shall be deemed a part of , the terms for the purposes of the applicable services .


Input: supplemental terms shall prevail over these terms in the event of a conflict with respect to the applicable services .


Input: uber may amend the terms related to the services from time to time .


Input: amendments will be effective upon uber 's posting of such updated terms at this location or the amended policies or supplemental terms on the applicable service .


Input: your continued access or use of the services after such posting constitutes your consent to be bound by the terms , as amended .


Input: our collection and use of personal information in connection with the services is as provided in uber 's privacy policy located at https://www.uber.com/legal .


Input: uber may provide to a claims processor or an insurer any necessary information ( including your contact information ) if there is a complaint , dispute or conflict , which may include an accident , involving you and a third party provider ( including a transportation network company driver ) and such information or data is necessary to resolve the complaint , dispute or conflict .


Input: the services constitute a technology platform that enables users of uber 's mobile applications or websites provided as part of the services ( each , an `` application '' ) to arrange and schedule transportation and/or logistics services with independent third party providers of such services , including independent third party transportation providers and independent third party logistics providers under agreement with uber or certain of uber 's affiliates ( `` third party providers '' ) .


Input: unless otherwise agreed by uber in a separate written agreement with you , the services are made available solely for your personal , noncommercial use .


Input: you acknowledge that uber does not provide transportation or logistics services or function as a transportation carrier and that all such transportation or logistics services are provided by independent third party contractors who are not employed by uber or any of its affiliates .


Input: subject to your compliance with these terms , uber grants you a limited , non-exclusive , non-sublicensable , revocable , non-transferrable license to : ( i ) access and use the applications on your personal device solely in connection with your use of the services ; and ( ii ) access and use any content , information and related materials that may be made available through the services , in each case solely for your personal , noncommercial use .


Input: any rights not expressly granted herein are reserved by uber and uber 's licensors .


Input: you may not : ( i ) remove any copyright , trademark or other proprietary notices from any portion of the services ; ( ii ) reproduce , modify , prepare derivative works based upon , distribute , license , lease , sell , resell , transfer , publicly display , publicly perform , transmit , stream , broadcast or otherwise exploit the services except as expressly permitted by uber ; ( iii ) decompile , reverse engineer or disassemble the services except as may be permitted by applicable law ; ( iv ) link to , mirror or frame any portion of the services ; ( v ) cause or launch any programs or scripts for the purpose of scraping , indexing , surveying , or otherwise data mining any portion of the services or unduly burdening or hindering the operation and/or functionality of any aspect of the services ; or ( vi ) attempt to gain unauthorized access to or impair any aspect of the services or its related systems or networks .


Input: you acknowledge that portions of the services may be made available under uber 's various brands or request options associated with transportation or logistics , including the transportation request brands currently referred to as `` uber , '' `` uberpop , '' `` uberx , '' `` uberxl , '' `` uberblack , '' `` ubersuv , '' `` uberberline , '' `` ubervan , '' `` uberexec , '' and `` uberlux '' and the logistics request brands currently referred to as `` uberrush , '' `` uberfresh '' and `` ubereats '' .


Input: you also acknowledge that the services may be made available under such brands or request options by or in connection with : ( i ) certain of uber 's subsidiaries and affiliates ; or ( ii ) independent third party providers , including transportation network company drivers , transportation charter permit holders or holders of similar transportation permits , authorizations or licenses .


Input: third party services and content .


Input: the services may be made available or accessed in connection with third party services and content ( including advertising ) that uber does not control .


Input: you acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content .


Input: uber does not endorse such third party services and content and in no event shall uber be responsible or liable for any products or services of such third party providers .


Input: additionally , apple inc. , google , inc. , microsoft corporation or blackberry limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the services using applications developed for apple ios , android , microsoft windows , or blackberry-powered mobile devices , respectively .


Input: these third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the services in any manner .


Input: your access to the services using these devices is subject to terms set forth in the applicable third party beneficiary 's terms of service .


Input: the services and all rights therein are and shall remain uber 's property or the property of uber 's licensors .


Input: neither these terms nor your use of the services convey or grant to you any rights : ( i ) in or related to the services except for the limited license granted above ; or ( ii ) to use or reference in any manner uber 's company names , logos , product and service names , trademarks or services marks or those of uber 's licensors .


Input: in order to use most aspects of the services , youmust register for and maintain an active personal user services account ( `` account '' ) .


Input: you must be at least 18 years of age , or the age of legal majority in your jurisdiction ( if different than 18 ) , to obtain an account .


Input: account registration requires you to submit to uber certain personal information , such as your name , address , mobile phone number and age , as well as at least one valid payment method ( either a credit card or accepted payment partner ) .


Input: you agree to maintain accurate , complete , and up-to-date information in your account .


Input: your failure to maintain accurate , complete , and up-to-date account information , including having an invalid or expired payment method on file , may result in your inability to access and use the services or uber 's termination of these terms with you .


Input: you are responsible for all activity that occurs under your account , and you agree to maintain the security and secrecy of your account username and password at all times .


Input: unless otherwise permitted by uber in writing , you may only possess one account .


Input: the service is not available for use by persons under the age of 18 .


Input: you may not authorize third parties to use your account , and you may not allow persons under the age of 18 to receive transportation or logistics services from third party providers unless they are accompanied by you .


Input: you may not assign or otherwise transfer your account to any other person or entity .


Input: you agree to comply with all applicable laws when using the services , and you may only use the services for lawful purposes ( e.g. , no transport of unlawful or hazardous materials ) .


Input: you will not , in your use of the services , cause nuisance , annoyance , inconvenience , or property damage , whether to the third party provider or any other party .


Input: in certain instances you may be asked to provide proof of identity to access or use the services , and you agree that you may be denied access to or use of the services if you refuse to provide proof of identity .


Input: by creating an account , you agree that the services may send you informational text ( sms ) messages as part of the normal business operation of your use of the services .


Input: you may opt-out of receiving text ( sms ) messages from uber at any time by following the directions found at http://t.uber.com/sms-unsubscribe .


Input: you acknowledge that opting out of receiving text ( sms ) messages may impact your use of the services .


Input: uber may , in uber 's sole discretion , create promotional codes that may be redeemed for account credit , or other features or benefits related to the services and/or a third party provider 's services , subject to any additional terms that uber establishes on a per promotional code basis ( `` promo codes '' ) .


Input: you agree that promo codes : ( i ) must be used for the intended audience and purpose , and in a lawful manner ; ( ii ) may not be duplicated , sold or transferred in any manner , or made available to the general public ( whether posted to a public form or otherwise ) , unless expressly permitted by uber ; ( iii ) may be disabled by uber at any time for any reason without liability to uber ; ( iv ) may only be used pursuant to the specific terms that uber establishes for such promo code ; ( v ) are not valid for cash ; and ( vi ) may expire prior to your use .


Input: uber reserves the right to withhold or deduct credits or other features or benefits obtained through the use of promo codes by you or any other user in the event that uber determines or believes that the use or redemption of the promo code was in error , fraudulent , illegal , or in violation of the applicable promo code terms or these terms .


Input: uber may , in uber 's sole discretion , permit you from time to time to submit , upload , publish or otherwise make available to uber through the services textual , audio , and/or visual content and information , including commentary and feedback related to the services , initiation of support requests , and submission of entries for competitions and promotions ( `` user content '' ) .


Input: any user content provided by you remains your property .


Input: however , by providing user content to uber , you grant uber a worldwide , perpetual , irrevocable , transferrable , royalty-free license , with the right to sublicense , to use , copy , modify , create derivative works of , distribute , publicly display , publicly perform , and otherwise exploit in any manner such user content in all formats and distribution channels now known or hereafter devised ( including in connection with the services and uber 's business and on third-party sites and services ) , without further notice to or consent from you , and without the requirement of payment to you or any other person or entity .


Input: you represent and warrant that : ( i ) you either are the sole and exclusive owner of all user content or you have all rights , licenses , consents and releases necessary to grant uber the license to the user content as set forth above ; and ( ii ) neither the user content nor your submission , uploading , publishing or otherwise making available of such user content nor uber 's use of the user content as permitted herein will infringe , misappropriate or violate a third party 's intellectual property or proprietary rights , or rights of publicity or privacy , or result in the violation of any applicable law or regulation .


Input: you agree to not provide user content that is defamatory , libelous , hateful , violent , obscene , pornographic , unlawful , or otherwise offensive , as determined by uber in its sole discretion , whether or not such material may be protected by law .


Input: uber may , but shall not be obligated to , review , monitor , or remove user content , at uber 's sole discretion and at any time and for any reason , without notice to you .


Input: you are responsible for obtaining the data network access necessary to use the services .


Input: your mobile network 's data and messaging rates and fees may apply if you access or use the services from a wireless-enabled device and you shall be responsible for such rates and fees .


Input: you are responsible for acquiring and updating compatible hardware or devices necessary to access and use the services and applications and any updates thereto .


Input: uber does not guarantee that the services , or any portion thereof , will function on any particular hardware or devices .


Input: in addition , the services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications .


Input: you understand that use of the services may result in charges to you for the services or goods you receive from a third party provider ( `` charges '' ) .


Input: after you have received services or goods obtained through your use of the service , uber will facilitate your payment of the applicable charges on behalf of the third party provider as such third party provider 's limited payment collection agent .


Input: payment of the charges in such manner shall be considered the same as payment made directly by you to the third party provider .


Input: charges will be inclusive of applicable taxes where required by law .


Input: charges paid by you are final and non-refundable , unless otherwise determined by uber .


Input: you retain the right to request lower charges from a third party provider for services or goods received by you from such third party provider at the time you receive such services or goods .


Input: uber will respond accordingly to any request from a third party provider to modify the charges for a particular service or good .


Input: all charges are due immediately and payment will be facilitated by uber using the preferred payment method designated in your account , after which uber will send you a receipt by email .


Input: if your primary account payment method is determined to be expired , invalid or otherwise not able to be charged , you agree that uber may , as the third party provider 's limited payment collection agent , use a secondary payment method in your account , if available .


Input: as between you and uber , uber reserves the right to establish , remove and/or revise charges for any or all services or goods obtained through the use of the services at any time in uber 's sole discretion .


Input: further , you acknowledge and agree that charges applicable in certain geographical areas may increase substantially during times of high demand .


Input: uber will use reasonable efforts to inform you of charges that may apply , provided that you will be responsible for charges incurred under your account regardless of your awareness of such charges or the amounts thereof .


Input: uber may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the services , and you agree that such promotional offers and discounts , unless also made available to you , shall have no bearing on your use of the services or the charges applied to you .


Input: you may elect to cancel your request for services or goods from a third party provider at any time prior to such third party provider 's arrival , in which case you may be charged a cancellation fee .


Input: this payment structure is intended to fully compensate the third party provider for the services or goods provided .


Input: except with respect to taxicab transportation services requested through the application , uber does not designate any portion of your payment as a tip or gratuity to the third party provider .


Input: any representation by uber ( on uber 's website , in the application , or in uber 's marketing materials ) to the effect that tipping is `` voluntary , '' `` not required , '' and/or `` included '' in the payments you make for services or goods provided is not intended to suggest that uber provides any additional amounts , beyond those described above , to the third party provider .


Input: you understand and agree that , while you are free to provide additional payment as a gratuity to any third party provider who provides you with services or goods obtained through the service , you are under no obligation to do so .


Input: after you have received services or goods obtained through the service , you will have the opportunity to rate your experience and leave additional feedback about your third party provider .


Input: you shall be responsible for the cost of repair for damage to , or necessary cleaning of , third party provider vehicles and property resulting from use of the services under your account in excess of normal `` wear and tear '' damages and necessary cleaning ( `` repair or cleaning '' ) .


Input: in the event that a third party provider reports the need for repair or cleaning , and such repair or cleaning request is verified by uber in uber 's reasonable discretion , uber reserves the right to facilitate payment for the reasonable cost of such repair or cleaning on behalf of the third party provider using your payment method designated in your account .


Input: such amounts will be transferred by uber to the applicable third party provider and are non-refundable .


Input: disclaimers ; limitation of liability ; indemnity .


Input: the services are provided `` as is '' and `` as available . ''


Input: uber disclaims all representations and warranties , express , implied or statutory , not expressly set out in these terms , including the implied warranties of merchantability , fitness for a particular purpose and non-infringement .


Input: in addition , uber makes no representation , warranty , or guarantee regarding the reliability , timeliness , quality , suitability or availability of the services or any services or goods requested through the use of the services , or that the services will be uninterrupted or error-free .


Input: uber does not guarantee the quality , suitability , safety or ability of third party providers .


Input: you agree that the entire risk arising out of your use of the services , and any service or good requested in connection therewith , remains solely with you , to the maximum extent permitted under applicable law .


Input: uber shall not be liable for indirect , incidental , special , exemplary , punitive or consequential damages , including lost profits , lost data , personal injury or property damage related to , in connection with , or otherwise resulting from any use of the services , even if uber has been advised of the possibility of such damages .


Input: uber shall not be liable for any damages , liability or losses arising out of : ( i ) your use of or reliance on the services or your inability to access or use the services ; or ( ii ) any transaction or relationship between you and any third party provider , even if uber has been advised of the possibility of such damages .


Input: uber shall not be liable for delay or failure in performance resulting from causes beyond uber 's reasonable control .


Input: you acknowledge that third party transportation providers providing transportation services requested through some request brands may offer ridesharing or peer-to-peer transportation services and may not be professionally licensed or permitted .


Input: in no event shall uber 's total liability to you in connection with the services for all damages , losses and causes of action exceed five hundred euros ( $ 500 ) .


Input: uber 's services may be used by you to request and schedule transportation , goods or logistics services with third party providers , but you agree that uber has no responsibility or liability to you related to any transportation , goods or logistics services provided to you by third party providers other than as expressly set forth in these terms .


Input: the limitations and disclaimer in this section 5 do not purport to limit liability or alter your rights as a consumer that can not be excluded under applicable law .


Input: you agree to indemnify and hold uber and its officers , directors , employees and agents harmless from any and all claims , demands , losses , liabilities , and expenses ( including attorneys ' fees ) arising out of or in connection with : ( i ) your use of the services or services or goods obtained through your use of the services ; ( ii ) your breach or violation of any of these terms ; ( iii ) uber 's use of your user content ; or ( iv ) your violation of the rights of any third party , including third party providers .


Input: except as otherwise set forth in these terms , these terms shall be exclusively governed by and construed in accordance with the laws of the netherlands , excluding its rules on conflicts of laws .


Input: the vienna convention on the international sale of goods of 1980 ( cisg ) shall not apply .


Input: any dispute , conflict , claim or controversy arising out of or broadly in connection with or relating to the services or these terms , including those relating to its validity , its construction or its enforceability ( any `` dispute '' ) shall be first mandatorily submitted to mediation proceedings under the international chamber of commerce mediation rules ( `` icc mediation rules '' ) .