The Learn Nagamese website (“Website”) and mobile application (“App”) and related services (together with the Website, the “Service”) are operated by Moon Mermaids Media. (“Learn Nagamese”, “us”, or “we”). Access and use of the Service is subject to the following Terms of Service (“Terms and Conditions”). 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. Learn Nagamese may amend, update or change these Terms and Conditions. If we do this, we will indicate at the bottom of the Terms and Conditions the date these terms were last revised. Any revisions to these Terms and Conditions will become effective the first time you access or use the Service after such changes. If you do not agree to abide by these Terms and Conditions, you are not authorized to use, access or participate in the Service.
2. DESCRIPTION OF WEBSITE AND SERVICE
The Service allows users to learn or practice the Nagamese dialect while they translate content from the App. Users interested in learning or practicing Nagamese are presented with different types of educational activities. Learn Nagamese 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.
In connection with registering for and using the Service, you agree (i) to provide accurate, current and complete information about you as requested by Learn Nagamese; (ii) to maintain the confidentiality of your password and other information related to the security of your account; and (iii) to be fully responsible for all use of your account and for any actions that take place through your account.
4. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant to Learn Nagamese 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 India and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from India and/or the jurisdiction in which you reside. You further represent and warrant that you will carefully safeguard your password 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 Learn Nagamese account for any purpose.
5. INAPPROPRIATE USE
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 Learn Nagamese’s sole judgment, is objectionable or which restricts or inhibits any other person from using the Service or which may expose Learn Nagamese or its users to any harm or liability of any kind. You will not use the Learn Nagamese lessons to collect information about our learning process or to develop strategy or guides or a similar service.
6. INDEMNIFICATION OF LEARN NAGAMESE
You agree to defend, indemnify and hold harmless Learn Nagamese 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.
7. APP LICENSE
Subject to the terms of these Terms and Conditions, Learn Nagamese grants you a non-transferable, non-exclusive license to download, install, and use one copy of the App in object code form only on an interactive wireless device that you own or control. You may not derive or attempt to derive the source code of all or any portion of the App, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate the App or any part thereof. Learn Nagamese and its licensors own and shall retain all intellectual property rights and other rights in and to the App, and any changes, modifications, or corrections thereto. The following terms and conditions apply to you only if you are using the App from the Google Play Store. 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 Google Play Store. You acknowledge and agree that these Terms and Conditions are solely between you and Learn Nagamese, not Google, and that Google has no responsibility for the App or content thereof. Your use of the App must comply with the Play Store Terms of Service. You acknowledge that Google has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Google, and Google will refund the purchase price, if any, for the App to you; to the maximum extent permitted by applicable law, Google will have no other warranty obligation whatsoever with respect to the App, 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. You and Learn Nagamese acknowledge that Google is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and Learn Nagamese acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Learn Nagamese, not Google, 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. You must comply with applicable third party terms of agreement when using the App. You and Learn Nagamese acknowledge and agree that Google, and Google’s subsidiaries, are third party beneficiaries of these Terms and Conditions as they relate to your license of the App, and that, upon your acceptance of these Terms and Conditions, Google 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.
8. REFUND POLICY
In the event of a Lesson Issue, Learn Nagamese will use reasonable efforts to resolve the Lesson Issue. For purposes of this Section, “Lesson Issue” means the inability to complete the lesson due to a failure in the App. You agree that you will not claim any refund once you have purchased the App.
Learn Nagamese 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.The provisions of these Terms and Conditions relating to the protection and enforcement of Learn Nagamese’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.
10. PROPRIETARY RIGHTS IN SERVICE CONTENT AND ACTIVITY MATERIALS
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 Learn Nagamese or its licensors. 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. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Service Content. As between you and Learn Nagamese, all data, information and materials generated from your access and use of the educational activities made available on or through the Service, shall be exclusively owned by Learn Nagamese, and you shall not have any right to use such materials except as expressly authorized by these Terms and Conditions. By using the Service, you hereby assign to Learn Nagamese any and all rights, title and interest, including any intellectual property rights or proprietary rights. All rights of Learn Nagamese or its licensors that are not expressly granted in these Terms and Conditions are reserved to Learn Nagamese and its licensors.
This agreement was originally written in English. To the extent any translated version of this agreement conflicts with the English version, the English version controls.
These Terms and Conditions constitute the entire agreement between Learn Nagamese and you concerning the subject matter hereof. 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. A waiver by Learn Nagamese 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. Learn Nagamese may assign its rights or obligations under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of Learn Nagamese and you, and Learn Nagamese’s and your respective successors and permitted assigns.
Last revised on Thursday, December 15, 2016.