Colingo builds tools to help people share languages. Founded upon the pillars of free software, Colingo is an organiztion dedicated to developing and maintaining a platform for web-based global language exchange. As such, Colingo prides itself on developing an education-based community.
1. Colingo Webiste/LibColingo/ColinoXO Agreement
A. Your Acceptance. By using Colingo, including all services offered by Colingo Labs, LLC, (collectively known as “Colingo”, or the “Colingo Website”) you agree to be bound by (1) these terms and conditions (the “Terms of Service” or “TOS”), (2) Colingo’s Privacy Notice, available at http://www.colingo.org/privacy. These Terms of Service apply to “Users” which includes both “Visitors” (simply browsing the website) and “Members” (registered with Colingo.org). If you do not agree to any of these terms, please do not use the Colingo Website.
B. TOS Updates. Please be aware that Colingo will periodically update these Terms of Service. While we may attempt to notify you when material changes are made, we suggest that you regularly review http://colingo.org/termsofservice to stay current as you agree to be bound by such modifications or revisions.
C. Third-party Rights. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. Additionally, these TOS do not apply to any third-party websites or software, including external links and/or offsite content. Colingo assumes no responsibility for the content, privacy policy or services of third-party websites. We encourage you to read the terms and conditions and privacy policy of each other website that you visit.
2. User Accounts and User Profiles
A. Eligibility. In order to access some of the services that Colingo offers, you will have to create a User Account and User Profile. Use of Colingo services, including User Accounts and Profiles is void where prohibited. By using the Colingo Website, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Colingo Website does not violate any applicable law or regulation.
Colingo does not knowingly collect or solicit personal information from or allow children under the age of 13 to register a User Profile. Colingo recommends that minors over the age of 13 ask their parents for permission before using the Website or sharing personal information with anyone over the internet.
B. Content. While Colingo does offer different privacy settings for User Profiles, please be aware of the information you make publicly available. Your User Profile may not include readily identifiable private information, such as telephone numbers, street addresses, or last names.
C. Privacy. Colingo values the Privacy of our Users. By using the Colingo Website you are agreeing to the terms and conditions of the Colingo Privacy Policy, incorporated here by reference. For further information regarding our Privacy Policy, please visit http://colingo.org/privacy.
D. Passwords. Colingo User Accounts are protected by usernames and passwords. You agree to keep your password secure and not to disclose it to anyone. Use of another User’s username and password is a violation of these Terms of Service.
3. ColingoXO Software License
ColingoXO software is free, and all of its source code is freely available to view, modify and redistribute under the Copyleft guidelines of the Gnu General Public License.
4. User Submissions. “User Submission(s)” applies to all videos, comments, translations, and ratings submitted by a User through the Colingo Website.
A. Creative Commons. The cornerstone of the Colingo community is learning by sharing. We believe that the User should control the rights associated with User Submissions. When submitting content to Colingo, you have a choice of the Creative Commons license associated with the submission. With a Creative Commons license, you keep your copyright but allow Colingo to copy and distribute your work on the conditions you specify.
B. Colingo License. You hereby grant Colingo a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Colingo Website according to the Creative Commons license chosen by you at the time of submission.
C. Creative Commons Licenses. The following is a brief overview of the available Creative Commons licenses. It is NOT intended to provide legal advice. Please visit Creative Commons at http://creativecommons.org/about/licenses/meet-the-licenses for further explanation of the rights conferred by each license.
i. Attribution Non-commercial No Derivatives (by-nc-nd)
This license is the most restrictive of our six main licenses, allowing redistribution. This license is often called the “free advertising” license because it allows others to download your works and share them with others as long as they mention you and link back to you, but they can’t change them in any way or use them commercially.
ii. Attribution Non-commercial Share Alike (by-nc-sa)
This license lets others remix, tweak, and build upon your work non-commercially, as long as they credit you and license their new creations under the identical terms. Others can download and redistribute your work just like the by-nc-nd license, but they can also translate, make remixes, and produce new stories based on your work. All new work based on yours will carry the same license, so any derivatives will also be non-commercial in nature.
iii. Attribution Non-commercial (by-nc)
This license lets others remix, tweak, and build upon your work non-commercially, and although their new works must also acknowledge you and be non-commercial, they don’t have to license their derivative works on the same terms.
iv. Attribution No Derivatives (by-nd)
This license allows for redistribution, commercial and non-commercial, as long as it is passedalong unchanged and in whole, with credit to you.
v. Attribution Share Alike (by-sa)
This license lets others remix, tweak, and build upon your work even for commercial reasons, as long as they credit you and license their new creations under the identical terms. This license is often compared to open source software licenses. All new works based on yours will carry the same license, so any derivatives will also allow commercial use.
vi. Attribution (by)
This license lets others distribute, remix, tweak, and build upon your work, even commercially, as long as they credit you for the original creation. This is the most accommodating of licenses offered, in terms of what others can do with your works licensed under Attribution.
5. User Submission Guidelines. Colingo encourages sharing by allowing Users to post and upload content in the form of User Submissions.
A. Defined. “User Submission(s)” or “Submission(s)” applies to all content, including videos, comments, translations, and ratings submitted by a User through the Colingo Website. “Post” refers to text-based User Submissions, where as “Upload” refers to User submitted video.
B. Privacy. Colingo does not guarantee Privacy or Confidentiality for User Submissions made publicly viewable.
C. Conduct
i. Intellectual Property. You represent and warrant that: you own or have the necessary licenses, rights, consents, and permissions to submit content of the User Submission. You further authorize Colingo to use all patent, trademark, trade secret, copyright or other proprietary rights contained in all User Submissions to enable inclusion in the Colingo Website in the manner specified by your Creative Commons license these Terms of Service.
ii. Inappropriate Content. Colingo reserves the sole discretion to determine content related violations of these Terms of Service. It is a violation of these Terms of Service, for example, to Post or Upload Submissions which are pornographic, obscene or defamatory. You agree that Colingo is not responsible for the contents or legal consequences of User Submissions.
6. Account Suspension and Termination Policy. Colingo is a community for people to share languages and encourages Users to contribute. We value our Users and will never arbitrarily remove User Submissions or Suspend/Terminate a User Account. Colingo will, however, remove User Submissions or Suspend a User Account in appropriate circumstances, including, but not limited to violation C. Conduct (i-ii) above. Additionally, Colingo reserves the sole discretion to Terminate a User Account for repeated violation of these Terms of Service.
7. Digital Millennium Copyright Act (DMCA)
A. DMCA Notice Guidelines. Colingo is not responsible for User Submissions which infringe third-party copyrights. However, if you are a copyright owner and believe that User submitted content infringes upon your copyrights, you may submit a notice pursuant to the Digital Millennium Copyright Act (DMCA) (17 U.S.C 512(c)(3)). In order to submit a notice, please provide our copyright agent with a written communication that includes the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
B. Contact. Colingo’s designated Copyright Agent to receive notifications of claimed infringement is:
Colingo Labs, LLC
Attention: DMCA Notice
582 Market Street, Suite 511
San Francisco, CA 94104
email: copyright@colingo.org
Only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Colingo customer support through support@colingo.org.
8. Warranty Disclaimer. THE CONTENT OF THE COLINGO WEBSITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THE COLINGO WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU FURTHER AGREE THAT COLINGO IS NOT RESPONSIBLE FOR ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR AILMENTS, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY.
We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Colingo Website. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Colingo Website or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
9. Limitation on Liability. IN NO EVENT SHALL COLINGO.ORG BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF COLINGO.ORG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT COLINGO SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
10. Indemnity. You agree to defend, indemnify and hold harmless the Colingo Labs, LLC, its officers, directors, employees, agents and partners, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) arising from: (i) your use of and access to the Colingo Website, including all services of Colingo.org; (ii) your violation of any term of these Terms of Service set forth above; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Colingo Website.
11. General.
A. Choice of Law. These Terms of Service shall be governed by and construed in accordance with the laws of the state of California, without regard to its conflict of laws rules.
B. Venue. All suits permitted to be brought in any court shall be venued in San Francisco County, State of California.
C. Severability. If any provision of the Terms of Service is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. No waiver of any provision these Terms of Service shall be deemed a further or continuing waiver of such provision or any other provision.
D. Arbitration. Any dispute, claim or controversy arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in San Francisco, CA, before one arbitrator. At the option of the first to commence an arbitration, the arbitration shall be administered either by JAMS pursuant to its Streamlined Arbitration Rules and Procedures or by an alternate provider as agreed upon by the parties. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator may, in the Award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party.
E. Attorneys Fees. In the event of litigation relating to the subject matter of these Terms of Service, the prevailing party shall be entitled to recover all reasonable attorney fees and costs resulting therefrom.
F. Assignment. Neither these Terms of Service, nor any right, interest, duty nor obligation hereunder may be assigned, transferred or delegated by Client.
g. Trademarks. The “Colingo” service and software are trademarks of Colingo Labs, LLC. Unauthorized use is prohibited.
11. Contact. For questions about this agreement or any other feedback, comments, requests for technical support please contact Colingo customer support through support@colingo.org.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.