Terms & Conditions

I. INTRODUCTION

 

These Terms of Use and End User License Agreement (collectively, the “Agreement”) together with all the documents referred to in it constitute a legally binding agreement made between you as a natural person (“you”, “your” or “user”) and Z AMERICAN ENGLISH (“we,” “us” or “our”), concerning your access to and use of “Z AMERICAN ENGLISH” software application for mobile devices (the “App”).

 

All the documents that relate to the App are hereby expressly incorporated herein by reference.

 

Please read this Agreement carefully before you download, install or use the App.

 

It is important that you read and understand this Agreement as by downloading, installing or using the App you indicate that you have read, understood, agreed and accepted the Agreement which takes effect on the date on which you download, install or use the App. By using the App you agree to abide by this Agreement.

 

If you do not agree with (do not accept) this Agreement, or if you do not agree at least with one of the provisions of this Agreement, you are not authorized to, and you may not access, download, install or use the App and you must promptly discontinue downloading, installing the App and remove (delete) the App from any mobile device in your possession or under your control.

 

 

 

II. CHANGES TO THIS AGREEMENT

 

We reserve the right, at our sole discretion, to make changes or modifications to this Agreement at any time and for any reason. We will keep you informed about any changes by updating this Agreement and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review this Agreement to stay informed of updates. You will be subject to, and will be deemed to be aware of and to have accepted, the changes in any revised Agreement by your continued use of the App after the date such revised Agreement is posted.

 

 

IV. GENERAL TERMS

 

We own and operate the App on our own behalf.

 

You are entitled to use the App only to the extent described hereafter.

 

The App is developed to provide you with educational services. The App teaches English through video lesson and features quizzes, voice, spelling and sentence training and the ability to use the language you learn in the public chat rooms within the App.

 

 

 

 

VI. END USER LICENSE AGREEMENT

 

By using the App, you undertake to respect our intellectual rights (intellectual rights related to the App’s source code, UI/UX design, content material, copyright and trademarks, hereinafter referred to as the “Intellectual Property Rights”) as well as those owned by third parties.

 

As long as you keep using the App, we grant you a limited, non-exclusive, non-transferable non-sublicensable, non-assignable and revocable right to access and use the App pursuant to this Agreement (the “License”).

 

The source code, design and content, including information, photographs, illustrations, artwork and other graphic materials, sounds, music or video (hereinafter – the “works”) as well as names, logos and trademarks (hereinafter – “means of individualization”) within the App are protected by copyright laws and other relevant laws and/or international treaties, and belong to us and/or our partners and/or contracted third parties, as the case may be.

 

These works and means of individualization may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our partners and/or contracted third parties, as the case may be.

 

All rights, title and interest in and to the App and its content are the exclusive property of  Z AMERICAN ENGLISH and are protected by the applicable international and national legal provisions.

 

We will not hesitate to take legal action against any unauthorized use of our trademarks, names or symbols to protect and restore our rights. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.

 

 

 

VII. PROHIBITED BEHAVIOUR

 

You agree not to use the App in any way that:

 

- is unlawful, illegal or unauthorized;

 

- is defamatory of any other person;

 

- is obscene or offensive;

 

- infringes any copyright, database right or trademark of any other person;

 

- advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.

 

You shall not make the App available to any third parties. In addition, you shall not modify, translate into other languages, reverse engineer, decompile, disassemble or otherwise create derivative works from the App or any documentation concerning the App.

 

You shall not transfer, lend, rent, lease, distribute the App, or use it for providing services to a third party, or grant any rights to the App or any documentation concerning the App to a third party.

 

Misuse of any trademarks or any other content displayed on the App is prohibited.

 

You shall not copy and/or duplicate and/or distribute and/or publish and/or use any content in the App, directly or indirectly, by way of a violation of our Intellectual Property Rights.

 

Moreover, you shall not make any attempts to use the App or part thereof for malicious intentions.

 

Also we are not responsible for the way you use the App.

 

It is clarified that we may adopt, against a user who violated the present Agreement, any legal measures at our disposal pursuant to the applicable laws.

 

 

XI. DISCLAIMER OF WARRANTIES

 

YOU AGREE THAT YOUR USE OF THE APP AND ITS SERVICES SHALL BE AT YOUR SOLE RISK. THE SERVICES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, CONTENT INTEGRATED IN THE APP ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED PURSUANT TO THIS AGREEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OR THROUGH THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

XII. LIMITATION OF LIABILITY

 

IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO THE APP AND SERVICES PROVIDED BY THE APP. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF WE HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY ANY THIRD-PARTIES AND ACCESSED THROUGH THE APP OR BY ANY OTHER MEANS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF ANY OF THE APP AND ITS SERVICES IN ANY COUNTRY.

 

XVII. SEVERABILITY

 

If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect, that provision shall be read down to become illegal, invalid or unenforceable or, if this is not possible, deleted. The other terms of this Agreement shall continue to apply with full force and effect.

 

You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.

 

 

 

XVIII. CONTACT INFORMATION

 

We reserve the right to respond to user support requests. If you want to submit a support request or have any questions about this Agreement or the App,

 

please contact us at: info.zAmericanEnglish@gmail.com

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E-mail our immediate response address at

info.zAmericanEnglish@gmail.com

All rights reserved 2019: Z AMERICAN ENGLISH LTD