L Labs Terms of Service - MyET-MyCT-MyJT | My AI Speaking Tutor

Terms of Service


L Labs Terms of Service

ACCEPTANCE OF TERMS L Labs provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. In addition, when using particular L Labs services, you and L Labs shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. If you do not agree to the terms of this TOS, do not access or use this service. If you are under the age of 18, your guardian must review this TOS. You may use L Labs services only if your guardian has agreed to the terms of this TOS.

1. DESCRIPTION OF SERVICE

L Labs currently provides users with access to a rich collection of resources, including, various communications tools, forums, personalized content and branded programming through its network of properties (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for L Labs to provide the Service. You also understand and agree that the service may include certain communications from L Labs, such as service announcements, administrative messages and the L Labs Newsletter, and that these communications are considered part of L Labs membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new L Labs properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that L Labs assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

2. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because L Labs has no control over such sites and resources, you acknowledge and agree that L Labs is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that L Labs shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

3. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you represent that you are of legal age of 18 to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or L Labs has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, L Labs has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). L Labs is concerned about the safety and privacy of all its users, particularly children. If you are under the legal age of 18, your guardian must review this TOS. As the legal guardian, you give your child permission to access all of the Services including, email, message boards, instant messages and chat (among others). Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 6 below) are appropriate for your child.

4. L LABS PRIVACY POLICY

L Labs takes your privacy seriously. L Labs collects personal information when you register with L Labs, when you use L Labs products or services, when you visit L Labs pages or the pages of certain L Labs partners, and when you enter promotions or sweepstakes. L Labs may combine information about you that we have with information we obtain from business partners or other companies. L Labs uses information for the following general purposes: to customize the advertising and content you see, fulfill your requests for products and services, improve our services, contact you, conduct research, and provide anonymous reporting for internal and external clients. L Labs does not rent, sell, or share personal information about you with other people or nonaffiliated companies except to provide products or services you've requested, when we have your permission, or under the following circumstances: (a) We provide the information to trusted partners who work on behalf of or with L Labs under confidentiality agreements. These companies may use your personal information to help L Labs communicate with you about offers from L Labs and our marketing partners. However, these companies do not have any independent right to share this information. (b) We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims; (c) We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of L Labs's terms of use, or as otherwise required by law. (d) We transfer information about you if L Labs is acquired by or merged with another company. In this event, L Labs will notify you before information about you is transferred and becomes subject to a different privacy policy.

5. MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing 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. You agree to (a) immediately notify L Labs of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. L Labs cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

6. PROTECTION OF MINORS

Parents or guardians of children under the age of 18 who wish to allow their children access to the Service must review and accept the terms of this TOS. When you create an account for your child, you certify that you are at least 18 years old and that you are the legal guardian of the child listed on the account.

7. MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not L Labs, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. L Labs 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 L Labs be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for 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 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, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) 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; (c) 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; (d) impersonate any person or entity, including, but not limited to, a L Labs official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (e) 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; (f) upload, post, email, transmit or otherwise make available any material that encourage or facilitate crime; (g) post information to trade weapons, illegal drugs, poisons or other items forbidden for trade in your applicable jurisdiction; (h) upload, post, email, transmit or otherwise make available any material for purposes of gambling; (i) 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, except in those areas that are designated for such purpose; (j) take any action or upload, post, email, transmit or otherwise make available any material that could be construed as illegal by L Labs. You acknowledge that L Labs may not pre-screen Content, but that L Labs and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, L Labs and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable.

8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

L Labs does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant L Labs the following world-wide, royalty free and non-exclusive license(s), as applicable: •With respect to Content you submit or make available for inclusion on publicly accessible areas of L Labs, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific L Labs to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or L Labs removes such Content from the Service. •With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service other than L Labs, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or L Labs removes such Content from the Service. •With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than L Labs, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. "Publicly accessible" areas of the Service are those areas of the L Labs network of properties that are intended by L Labs to be available to the general public. By way of example, publicly accessible areas of the Service would include L Labs Message Boards and portions of L Labs Communities that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of L Labs Communities that are limited to members, L Labs services intended for private communication such as L Labs Mail or L Labs Messenger, or areas off of the L Labs network of properties such as portions of World Wide Web sites that are accessible through via hypertext or other links but are not hosted or served by L Labs. L Labs assumes that you own or have properly licensed any Content that you upload, post, email, transmit or otherwise make available via the Service. This means that you, and not L Labs, are entirely responsible for all the copyright or intellectual property infringement of any third parties.

10. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT L LABS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF L LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

11. INDEMNITY

You agree to indemnify and hold L Labs, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

12. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that L Labs may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on L Labs's servers on your behalf, the maximum number of recorded tests that are saved, the maximum duration for which recorded tests are saved, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that L Labs 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 L Labs reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that L Labs reserves the right to modify these general practices and limits from time to time.

13. LIMITATION OF CONTENT LIABILITY

You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by L Labs or submitted to L Labs, including without limitation information in L Labs Message Boards, L Labs Communities and in all other parts of the Service.

14. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that L Labs shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

15. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. L LABS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) L LABS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM L LABS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

16. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS

If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 10 and 18 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. L Labs and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.

17. MEMBER’S INFORMATION

You acknowledge, consent and agree that L Labs may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of L Labs, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

18. INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. 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. Except as expressly authorized by L Labs or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. L Labs grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by L Labs for use in accessing the Service.

19. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 10 AND 15 MAY NOT APPLY TO YOU.

20. TERMINATION

You agree that L Labs may, under certain circumstances and without prior notice, immediately terminate your L Labs account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your L Labs account includes (a) removal of access to all offerings within the Service, including but not limited to L Labs Communities, Message Boards, Report Cards, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in L Labs's sole discretion and that L Labs shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.

21. NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.

22. NOTICE

L Labs may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Service.

23. TRADEMARK INFORMATION

L Labs, L Labs logo, My English Tutor, My English Tutor logo, My English Tutor (in Chinese, Korean, Japanese Characters), MyET, MyET logo, Automatic Speech Analysis System, ASAS, It’s Not What You Say, But How You Say It trademarks and service marks and other L Labs logos and product and service names are trademarks of L Labs Inc. (the "L Labs Marks"). Without L Labs's prior permission, you agree not to display or use in any manner, the L Labs Marks.

24. GENERAL INFORMATION

Entire Agreement. The TOS constitute the entire agreement between you and L Labs and govern your use of the Service, superceding any prior agreements between you and L Labs. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other L Labs services, affiliate services, third-party content or third-party software. Waiver and Severability of Terms. The failure of L Labs to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. No Right of Survivorship and Non-Transferability. You agree that your L Labs account is non-transferable and any rights to your L Labs I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

25. Choice of Law and Forum.

The TOS and the relationship between you and L Labs shall be governed by the laws of South Korea without regard to its conflict of law provisions. You and L Labs agree to submit to the personal and exclusive jurisdiction of the courts located within South Korea. The section titles in the TOS are for convenience only and have no legal or contractual effect.