Terms of Service

Welcome to 12speak.com (“Site”). 12speak! is a global language learning community serving its members an easy and fun way to learn a language in a playful online environment. The Site is owned and operated by Itouch Nordics AS (hereafter referred to as “12speak.com”). 12speak.com provides its service (the “Service”) to you subject to the terms of service (“Terms of Service”) and the Privacy Policy (“Privacy Policy”).


If you have specific questions about these practices, please contact us by email at support@12speak.com.


Please read these Terms of Service carefully before you start to use the Site. By using our Site, you accept these Terms of Service and you agree to abide by them. If you do not agree to these Terms of Service, please refrain from using our Site. The Terms of Services you are reading may be a translation to another language than English. Please mark that it is the English version of Terms of Service which is valid and any translation is may not accurately express the English version.


This Agreement shall remain in full force and effect while you use the Site or are a Member. 12speak.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.


1.       About Us
12speak.com is a Site operated by Itouch Nordics AS ("We"). We are a registered limited company in Norway.

 

2.       Definitions
"Agreement" means these Terms of Service which regulate the relationship between 12speak.com and the Member; "Communications" means any communication including but not limited to communications by email by the Member to other members of 12speak.com "Contribution" means the contributions of the Member to the Site including but not limited to the text and/or images contained within the Members Profile; "Member" means any natural person whose membership has been accepted by 12speak.com and remains valid; "Members Profile" means that part of the Site containing information and/or pictures about a Member; "Service" means the service provided by 12speak.com to the Member through the Site including, but not limited to, allowing the Member to access and/or use the Site.

 

3.       Acceptance of Terms
By accessing or using the Site, you signify that you have read, understand and agree to be bound by these Terms of Service, whether or not you are a registered member of 12speak.com. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service or the Site.

 

4.       Accessing our Site
We reserve the right to withdraw or amend the Service we provide on our Site without notice (see below). We will not be liable if for any reason our Site is unavailable at any time or for any period.

We may restrict access to some parts of our Site, or our entire Site, from time to time to users who have registered with us.


        If you are provided with a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification username or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Service.


        You are responsible for making all arrangements necessary for you to have access to our Site (including, but not limited to Internet provider and mobile internet provider fees and, any other charges associated with such access). We shall not be held responsible for any reduced functionality you may encounter as result of or in connection with accessing 12speak through mobile services or any similar service currently known or developed in the future.


        You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms of Service, and that they comply with them.


        Non-registered users are able to access only that portion of 12speak.com that is publicly available. They will not have a Profile or the ability to upload any Content. The extent of registered users’ access to 12speak.com will depend on certain criteria relating to their Profile being met. We may change or update the criteria from time to time without prior notice and at our discretion. 


        Please note that, at this time, the Site is not designed for children under 13 years old. Accordingly, 12speak.com will not knowingly collect or maintain personal information from children under 13 through the Site. Should a child whom we know to be under 13 send personal information to us, we will use that information only to respond directly to that child to inform him or her that the Site is not intended for children under the age of 13 and we will delete that information from our records. If you believe that we might have any information from or about a child under 13, please contact us at support@12speak.com.


5.       Fees
The Site can be used completely free. You acknowledge that 12speak.com reserves the right to charge for the Services or parts of the Service and to change its fees from time to time at our discretion.


        At no time will you be charged without your prior knowledge and explicit consent.


6.       Registration
To be a Registered Member and to have your own Profile, you must provide 12speak.com with your name, a valid email address and other information ("Registration Data"). As a Registered Member, you will choose a password and a username for your Profile during the Service's registration process.

 

You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. Each account must be used individually and is not transferable. You agree to:

 

(a)      use your account individually and not to share it with others

(b)      immediately notify 12speak.com at support@12speak.com of any unauthorized use of your password or account or any other breach of security, and

(c)       ensure that you log out of your account at the end of each session.

 

12speak.com cannot and will not be liable for any loss or damage arising from your failure to comply with our Terms of Service. 


7.       Membership
By becoming a Member the Member warrants and represents that:

 

(a)       the Member has not been convicted of any offence or been subject to any injunction or any order to pay damages caused by personal harassment or similar regulations in any country; and

(b)      This Site is intended solely for users who are thirteen (13) years of age or older. Registration by, use of or access to the Site by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Service. By using the Service or the Site, you represent and warrant that you are 13 or older and that you agree to and to abide by all of the terms and conditions of this Agreement.

(c)       the Member will be using the Service for his/her personal use only.

(d)       We shall have the right in our absolute discretion to refuse to register applications for membership and to revoke and/or terminate memberships at any time.

(e)      An application for membership shall be treated as accepted by us when the Member receives confirmation of his/her membership from 12speak.com by e-mail.

8.       Members Profile
Members should be careful not include in their Member Profile any telephone numbers, street addresses, e-mail addresses or any other information that would enable other Members and/or any person to contact Members outside the Site.


       12speak.com may copy and/or reproduce any information published by Members on the Site in any form and in any manner.


        The Member shall ensure that all information transmitted and/or published on the Site by him/her from time to time is accurate, true, complete and is not misleading and will be regularly reviewed to ensure that it remains so.


        12speak.com has the right to suspend or terminate your account and refuse any and all current or future use of its service if it suspects that such information is untrue, inaccurate, not current or incomplete.


        We reserve the right at our absolute discretion from time to time and without notice to amend and/or delete all or any part of a Member's Profile.


9.       Acceptable Use
You may use our Site only for lawful purposes. You may not use our Site:

 

(a)       in any way that breaches any applicable local, national or international law or regulation;

(b)       in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

(c)       in any way that may facilitate prostitution or paedophilia; or

(d)       to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. 


You also agree:
 

(a)    not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these Terms of Service;

(b)    not to access without authority, interfere with, damage or disrupt:

(c)     any part of the Site; or

(d)    any software used in the provision of the Services from the Site.

 

All Contributions and Communications with other members of 12speak.com shall conform to the content standards set out in the Terms of Service. Contributions and Communications without limitation must not:

 

(a)    contain any material which is defamatory of any person;

(b)    contain any material which is obscene, offensive, hateful or inflammatory;

(c)     promote sexually explicit material;

(d)    promote violence;

(e)    promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

(f)     infringe any copyright, database right or trade mark of any other person;

(g)    be likely to deceive any person;

(h)    be threatening, abusive or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;

(i)      be likely to harass, upset, embarrass, alarm or annoy any other person;

(j)      be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

(k)     give the impression that they emanate from us, if this is not the case.

 

10.    Storage and Security
You acknowledge that 12speak.com may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time without notice to you. You agree that 12speak.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service.


        You acknowledge that 12speak.com reserves the right to deactivate accounts that are inactive for an extended period of time. You further acknowledge that 12speak.com reserves the right to modify these general practices and limits from time to time.


11.    Ownership of Content

Other than personal information, which is covered under the 12speak.com Privacy Policy, any information you transmit or post to the Site shall be considered non-confidential and non-proprietary. 12speak.com does not claim ownership of any information or material you transmit, distribute, post, communicate or store on, to or through the Site. However, by submitting or posting information on, to, or through the Site, you agree that 12speak.com shall be free in perpetuity to copy, disclose, distribute, incorporate, and otherwise use such information and all data, images, sounds, text and other materials embodied therein for any and all commercial or non-commercial purposes. No compensation will be paid with respect to the use of this information.

 

All information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. 12speak.com is entirely not responsible for all Content that the Registered Users upload, post, email, transmit or otherwise make available via the Service. 12speak.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.

 

You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will 12speak.com be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

 

You acknowledge that 12speak.com does not monitor the Content, but that 12speak.com shall have the right (but not the obligation) in their sole discretion to refuse, move or delete any Content that is available via the Service that violates the Terms of Service or is otherwise objectionable in 12speak.com's sole discretion.

 

You agree to use the Service in a diligent, proper and lawful manner and to abstain from an intentional or unintentional violation of any applicable local, state, national or international law or any rights (trademark, trade secret, copyright or other proprietary rights). Particularly, you agree to not use the Service to:

 

(a)    upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable;

(b)    harm minors in any way;

(c)     impersonate any person or entity, including, but not limited to, a 12speak.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(d)    use the Service as a forwarding service to another Site.

(e)    forge headers or otherwise manipulate any content transmitted through the Service in order to disguise its origin;

(f)     upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(g)    upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

(h)    upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

(i)      upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(j)      disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

(k)     interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

(l)      "stalk" or otherwise harass any other users;

(m)   collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above; and/or

(n)    promote other sites or services which are not related with the Service offered by 12speak.com.

 

If any user is reported to be in violation with the letter or spirit of these terms, 12speak.com retains the right to terminate Membership at any time without further warning.

 

You acknowledge and agree that 12speak.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

 

(a)    comply with legal process;

(b)    enforce the Terms of Service;

(c)     respond to claims that any Content violates the rights of third-parties; or

(d)    protect the rights, property, or personal safety of 12speak.com, its users and the public.

 

12.    Privacy Policy
Your use of the Site will be governed by the 12speak.com Privacy Policy. By registering as a Member you accept the terms of this Agreement, you also indicate that you understand and consent to the information collection, use, and disclosure practices described in our Privacy Policy. You can review the most current version of the Privacy Policy at any time at: Privacy Policy


13.    Third Party Content and Links to Third Party Sites

        The Site may contain third-party owned content and links to other Sites. 12speak.com does not endorse, sponsor, recommend, or otherwise accept responsibility for any Linked Sites. In addition, Linked Sites are not under the control of 12speak.com, and 12speak.com is not responsible for the content or privacy practices of the Linked Sites, including, without limitation, links contained on Linked Sites or any changes or updates to Linked Sites. These links are provided to you for your information only. If you access these links you may be directed to third party sites. These third party sites will have their own terms of use and privacy policies, which may differ from the Terms. The display of links to third party sites does not constitute an endorsement by us of any of the third party content information, sites, or resources provided.


        12speak.com respects the intellectual property of others, and we ask our Users to do the same. 12speak.com has no responsibility for content on other web sites that you may find or access when using the Service. Material available on or through other web sites may be protected by copyright and the intellectual property laws of any country. The terms of use of those web sites, and not the Terms of Service of 12speak.com, govern your use of that material.


14.     Intellectual Property Rights

        The Members acknowledge and agrees that the Service and any necessary third party software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. 12speak.com is the owner of all intellectual property rights in this Site and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You must not use any part of the materials on our Site for commercial purposes without obtaining a licence to do so from us or our licensors. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. 

 

        Furthermore you warrant that you are the author of all information and/or pictures uploaded or otherwise entered onto the Site and assign to 12speak.com all copyright in such information and pictures.

 

15.    Termination

        Members may terminate their membership at any time for any reason by writing an email to support@12speak.com.  After cancellation, the member will no longer have access to the member profile and all information contained therein may be deleted by 12speak.com. However, you acknowledge that some Contents (like comments, posts or messages) not included directly in the member profile, could remain after the cancellation of the Member profile. 12speak.com accepts no liability for such deleted information or content.

 

        12speak.com reserves the right at our sole discretion, at any time and without liability or the need to give you prior notice or to refund any unused services to: 

 

(a)   suspend or revoke your registration (where applicable) and your right to access and/or use the Site or submit any Content to the Site; and  

(b)   make use of any operational, technological, legal, or other means available to enforce the Terms (including without limitation blocking specific IP addresses). 


16.    Member Disputes      

        In the event that you have a dispute with another Member related to, arising from, or any way connected with use of the Site, you release 12speak.com from claims, demands and damages of every kind and nature arising out of or in any way connected with such dispute. 12speak.com reserves the right, but has no obligation, to monitor disputes between you and other Members.


17.     Updates to our Site

        Any information on this Site is subject to change without notice, and 12speak.com disclaims all responsibility for these changes.  If the need arises, we may suspend access to our Site, or close it indefinitely. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.


18.     Indemnity

        You undertake fully and effectively to indemnify and keep indemnified at all times 12speak.com and its officers, employees, agents or authorised representatives against all actions proceedings claims costs demands liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained incurred or paid by us or 12speak.com directly or indirectly in respect of:  

 

(a)    access to and/or use of the Service by the Member; 

(b)    arising out of or in connection with any Third Party Applications or Software; 

(c)     any content you post or share on or through the Site; 

(d)    any information data or content published or transmitted by the Member; 

(e)    any breach by the Member of any of the provisions of these Terms of Service or of any code law or regulation relating thereto.

 

19.     Disclaimer of Warranties and Limitation of Liability

        The material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy.  The Site is provides “as is”. 12speak.com makes no representation of warranty of any kind whatsoever relating to the Site, linked sites, or other content that may be accessible directly or indirectly through the Site. To the extent permitted by law, we hereby expressly exclude:

 

(a)    all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; 

(b)    any liability for any direct, indirect or consequential loss or damage incurred by any Member in connection with the Services or access to the Site and any materials posted on it; 

(c)     warranties relating to the transmission or delivery of the Site; 

(d)    warranties relating to the accuracy, reliability, correctness or completeness of data made available on the Site or otherwise by 12speak.com; and 

(e)    warranties otherwise relating to performance, non-performance, or other acts or omissions by 12speak.com or any third party.

 

        Furthermore there is no warranty that the Site will meet your needs or requirements or the needs or requirements of any other person.


       12speak.com is not responsible for any material downloaded or otherwise obtained through the use of the Service, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.


       12speak.com expressly excludes liability for consequential loss, damage or corruption to other software or data or for loss of profit business revenue or goodwill incurred by you or a Member.


        If any part of this clause 19 is held to be invalid, 12speak.com shall only be liable to the Member for an amount not exceeding the sum paid by the Member for the provision of the Services.


        Notices of any claims against 12speak.com shall be made by the Member within 10 days of the alleged incident giving rise to the claim together with sufficient evidence to show to 12speak.com's reasonable satisfaction that it is liable.


        No part of this clause 19 shall affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.


        If for some reason applicable jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, 12speak.com’s liability in such jurisdictions shall be limited always to the maximum extent permitted by law.


20.    Changes to the Terms of Service

       12speak.com provides its service to you subject to the Terms of Service. We reserve the right to modify, amend or change these Terms of Service at any time. You are expected to check the Terms of Use from time to time to take notice of any changes we have made. We may choose to notify you about material changes to the Terms of Service by sending a notice to the e-mail address you provided to us or by placing a prominent notice on the Site. You can review the most current version of the Terms of Service at any time at: Terms of Service. 


21.    Jurisdiction and Applicable Law

        You are required to comply with all applicable laws in connection with your access to and use of the Site, and such further limitations as may be set forth in any written or online notice from Itouch Nordics AS.. As a condition of your access to and use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by the Terms of Service. Use of the Site is for your personal and non-commercial use, and Itouch Nordics AS does not grant you any express or implied rights to access or use the Site for any other purpose.


        The Norwegian courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to 12speak.com although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These Terms of Service are governed by Norwegian law.


22.     Abuse/Complaints

        You can report any abuse or complain about Content on the Site by contacting us via email at support@12speak.com, outlining the abuse and or complaint.


23.    Useful Links

        You might also want to take a look at the following pages:


        Privacy Policy: 12speak.com is committed to safeguarding your privacy, and this Privacy Policy explains our data collection, use, and disclosure practices

        Help: check out our list of Frequently Asked Questions


24.    Contact

        Please contact us for any question you might have or report any violations of the Terms of Service under support@12speak.com.


        Thank you for visiting us and we hope you enjoy language learning with 12speak!


         Last updated: 24th of March  2014

 


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