Terms & Conditions
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These Terms of Service (this “Agreement”) govern the use and other agreements concerning the LangInnov Website (“LangInnov”) and the Mobile and Web-Based BLAST Applications (the “Service”) and BLAST’s content, such as text, graphics, videos, images, information, and other material (“Content”) are provided to you by LangInnov. This Agreement represents a binding agreement between you and LangInnov, and applies to all visitors, users, and others who access the Service (“Users”).
By using our Service or Content you agree to be bound by this Agreement in its entirety, including the ARBITRATION AND CLASS ACTION WAIVER CLAUSES IN SECTION 10. This Agreement may be updated by LangInnov from time to time. If LangInnov makes material changes, we will provide notice to you either by email or (i) by posting the updated Agreement on our Website and on our Applications. Please note that unless otherwise provided by applicable law, your continued use of our Service or Content means that you agree with, and consent to be bound by, the updated Agreement. The LangInnov Privacy Policy explains how we treat your personal data. By using the Service or Content you agree that LangInnov can use such data in accordance with our Privacy Policy.
By using the Service or by accessing the Content, you agree to the following:
1. BLAST Does Not Provide Medical Advice
Our Service and Content are for informational purposes only. LangInnov does not provide any medical advice through its Service or Content. Any information provided through our Service or Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment.
Any information regarding your child’s progression, development or ability to perform the exercises or activities provided by our Service or Content is meant to be suggestive in nature as it is impossible to determine every child’s proper developmental progression as each child develops in a different manner and pace. You are solely responsible for determining your child’s developmental process and whether it is appropriate and safe to conduct any suggested activities and exercise with your child. Use your best judgment and common sense. If you have any suspicion of a developmental delay or any other health issue with your child, you should consult a physician or appropriate professional immediately.
The exercises, activities, methods, products, procedures and opinions in our Service or Content are solely meant to be used for informational purposes only and are not meant to provide any guaranteed results.
2. Registration and Passwords
To obtain access to BLAST Services or Content, you register and obtain an account with LangInnov. Your BLAST account gives you access to content and functionality that we may establish, maintain, change, remove, or terminate from time to time and at our sole discretion. By connecting to our Service or Content with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password within your reasonable control. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify LangInnov immediately of any breach of security or unauthorized use of your account. LangInnov will not be liable for any losses caused by any unauthorized use of your account.
3. Membership Options
As a BLAST account holder, you will receive access to certain sections, features and functions of the BLAST Services or Content that are not available to non-members. By agreeing to register with LangInnov, you opt-in to receiving occasional special offers, marketing, surveys, and LangInnov Services-based communication emails. You can easily unsubscribe from LangInnov emails by following the unsubscribe links in these emails. LangInnov memberships are not transferable and therefore cannot be sold or exchanged or transferred in any way whatsoever.
BLAST account holders may access BLAST Services or Content in two ways: (1) Free User: a free-of-charge program, which gives partial access to BLAST Services or Content, and/or (2) BLAST Premium User: a fee-based program, which gives access to all of BLAST Services or Content. You can become a BLAST Premium User by purchasing a subscription to LangInnov within the Apps. Please note that if you purchase a subscription through the Apple iTunes Store or Google Play store, the sale is final, and no refund will be provided under any circumstances. Your purchase will also be subject to Apple, Inc.’s applicable policies. You may cancel automatic renewals of BLAST Premium at any time by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify.
4. Ownership and Rights
You acknowledge that: (1) we permit access to content that is protected by copyrights, trademarks, patents and other intellectual and proprietary rights (“Intellectual Property Rights”) and; (2) this Agreement and applicable copyright, trademark and other laws govern your use of such content.
Our Service or Content and all Intellectual Property Rights related thereto are the exclusive property of LangInnov and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publish, adapt, edit or create derivative works from any LangInnov Service or Content. Use of our Service or Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
5. Use of the Service and Content
Your use of the Service and Content is limited to personal, non-commercial purposes. Your commercial exploitation of the Service or Content is strictly prohibited, unless we grant prior written permission, which may be withheld in our sole discretion.
Our Service and Content are protected by copyright under both United States and foreign laws. Title to and interest in our Service and Content remain with LangInnov or its licensors. Any use of our Service or Content not expressly permitted herein is a breach of this Agreement and may violate copyright, trademark, and other laws. You may use our Service or Content only if you are legally competent to enter into a binding contract with LangInnov, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Our Service and Content are not available to anyone previously removed as a User of our Web Site.
You agree not to engage in any of the following prohibited activities: copying, distributing, or disclosing (except as provided by the LangInnov limited license in Section 6) the BLAST Service or Content in any medium, including without limitation by any automated or non-automated “scraping”; using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access our Service or Content in a manner that sends more request messages to the servers we use than a human can reasonably produce in the same period of time by using a conventional on-line web browser; transmitting spam, chain letters, or other unsolicited email; attempting to interfere with, compromise our system integrity or security or decipher any transmissions to or from the servers we use; taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; uploading invalid data, viruses, spyware, worms, or other software agents; collecting or harvesting any personally identifiable information, including account names, from the servers we use; using our Service or Content for any commercial or solicitation purposes; impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; interfering with the proper working of our Service or Content; accessing our Service or Content through any technology or means other than those provided or authorized by LangInnov; bypassing the measures we may use to prevent or restrict access to our Service or Content, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of our Service or Content.
Our Service and Content are subject to change or termination without notice at our sole discretion. All rights not expressly granted herein are reserved to LangInnov and its licensors. If you violate any of the terms and conditions of this Agreement, your permission to use our Service and Content automatically terminates.
6. LangInnov’s Limited License to You
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, revocable license to use the BLAST Service and Content for personal, non-commercial purposes and to display and print for your personal, non-commercial use information you receive through our Service or Content. You may not reproduce, distribute, or otherwise use any of the Service or Content or any derivative work without the prior written consent of the Intellectual Property Rights holder. Requests for permission to reproduce, distribute or otherwise use materials found on our Service or Content should be made in writing to us via email by using the “Contact Us” link located on our website. The burden of determining whether any of the Service or Content is or is not protected by Intellectual Property Rights rests with you. LangInnov may terminate this license at any time for any reason or no reason.
This Agreement, and any rights and licenses granted under this Agreement, may not be transferred or assigned by you, but may be assigned by LangInnov without restriction. Any attempted transfer or assignment by you in violation hereof shall be null and void.
7. Indemnity
You agree to defend, indemnify and hold harmless LangInnov, its officers, directors, managers, employees, agents, servants, contractors, Affiliates, licensors, parents, subsidiaries, shareholders, owners, members, and any other affiliated companies, entities or persons, from and against any and all claims, actions, suits, demands, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) (collectively “Claims”) arising out of or relating to: your use of and access to our Service or Content, including any data, content or material provided or received by you; your violation of any term of this Agreement, including without limitation your breach of any representations and warranties herein; your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; your violation of any applicable law, rule or regulation; any Claim that arises as a result of any of your User information or any that is submitted via your account; any other party’s access and use of our Service or Content with your unique username, password or other appropriate security code.
8. No Warranties/Limitation of Liability
LangInnov MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE SERVICE OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, ITS ACCURACY OR COMPLETENESS. LangInnov ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE SERVICE. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED “AS IS” AND LangInnov MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SERVICE.
FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, LangInnov DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
LangInnov DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LangInnov SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. IN NO EVENT WILL LangInnov BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, OR FOR ANY DIRECT DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Discontinuance or Modifications to Our Service and Content
At any time without liability to you or any third party, we may discontinue, terminate, suspend change, or make modifications to the Service or Content or any portion thereof and/or otherwise restrict access to our Service or Content.
10. Applicable Law
Users who choose to access our Service or Content from states within the United State of America do so on their own initiative and are responsible for compliance with applicable local, state and federal laws. Users who access or use our Service or Content from jurisdictions outside of the United States do so at their own volition and are entirely responsible for compliance with all applicable United States, foreign and local laws and regulations, including but not limited to export and import regulations. You may not use our Service or Content if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.
This Agreement and any Claims arising out of or relating to this Agreement, our Service or Content shall be governed by the laws of the State of New York, without regard to its conflict of laws principles.
11. Dispute Resolution, Jurisdiction, Arbitration and Class Action Waiver
For any dispute or Claim against LangInnov, you agree to first email us and attempt to resolve the dispute or Claim with us informally. To send us an email, use the “Contact Us” link located on our website. In the unlikely event that we cannot resolve a dispute or Claim after attempting to do so informally, we each agree to resolve any dispute or Claim (excluding any Claims brought by LangInnov for injunctive or other equitable relief as set forth below) arising out of or relating to this Agreement, the breach or alleged breach thereof, the Service or Content, either in small claims court in the United States or by binding arbitration with the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The arbitration will be conducted in New York County, New York, unless you and LangInnov agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall award to the prevailing party, if any, as determined by the arbitrator its costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award.
Nothing in this Section shall prevent LangInnov from seeking injunctive or other equitable relief from a court of competent jurisdiction, including to prevent the actual or threatened infringement, misappropriation, or violation of data security, Intellectual Property Rights, or other proprietary rights. You agree to submit exclusively to the personal jurisdiction of the federal and state courts located in New York County, New York for any such action.
ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE EACH AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
12. Notifications
LangInnov may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our Service or Content, as we determine in our sole discretion. LangInnov reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described below. LangInnov is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
By providing LangInnov your email address you consent to our using the email address to send you service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of our Service and Content and special offers. If you do not want to receive such email messages, you may opt out by following the “unsubscribe” link at the bottom of our email. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
13. Miscellaneous
In the event that any provision (or part thereof) of this Agreement conflicts with the law under which this Agreement is to be construed or if any provision (or part thereof) is held invalid by a court or arbitrator with jurisdiction over the parties to the Agreement, such provision (or part thereof) will be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect. Section headings are for convenience only and shall not be part of the terms and condition of this Agreement.
If either party fails to insist upon or enforce strict performance by the other party of any provision of the Agreement, or to exercise any right under the Agreement, such a failure will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and LangInnov’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
This Agreement constitutes the entire understanding between the parties as to the subject matter hereof, and supersedes all prior agreements and understandings relating to such subject matter.
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