Last Updated: July 25th 2019
Thank you for using Niavo. Niavo is a service of Smart Lingo Co. Limited. The terms "us", "we," or " Niavo" (as the case may be) refer to Smart Lingo Co. Limited., respectively, based on your country of residence.
By using Niavo, you agree to be bound by these Terms. If you don't agree to these Terms, do not use Niavo. If you are using Niavo on behalf of an organization (such as your employer), you are agreeing to these Terms for that organization, and are indicating that you have the authority to bind that organization to these Terms. In that case, "you" and "your" will refer to that organization.
We may revise the Terms from time to time. Changes may be posted to our blog and within our Apps, so please check that regularly. The most current version will always be posted on our Terms page. By continuing to use Niavo after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using Niavo.
Auto Renewing Subscriptions
For auto renewing subscriptions completed in our iOS Apps following terms apply:
Your Information and Responsibilities
Niavo Intellectual Property Rights
Niavo and its licensors exclusively own Niavo, including all associated intellectual property rights. You acknowledge that Niavo is protected by copyright, trademark, and other laws of Austria, the United States and other foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights or notices incorporated in or accompanying Niavo.
Niavo grants you a limited, non-exclusive, non-transferable license to view, copy, and display Niavo solely in connection with your permitted use of Niavo.
You agree not to do-or attempt to do-any of the following:
Although we're not obligated to monitor access to or use of Niavo or your content or to review or edit any of your content or the intellectual property of other Niavo users, we have the right to do so for the purpose of operating Niavo, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any of your content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any of your content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects Niavo. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
We respect copyright law and expect you to do the same. It's our policy to terminate those accounts that repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
We may suspend Niavo or terminate your access to and use of Niavo, at our sole discretion, at any time and without notice to you. For example, we may suspend or terminate your use if you are not complying with these Terms, or use Niavo in any way that would cause us legal liability or disrupt others' use of Niavo. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately. You may cancel your account at any time by sending an email to info@Niavo.com.
NIAVO OR OUR LICENSORS' INTELLECTUAL PROPERTY ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT NIAVO WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY OF OUR INTELLECTUAL PROPERTY.
You will indemnify and hold harmless Niavo and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of Niavo or our licensors' intellectual property; (ii) your content; or (iii) your violation of these Terms.
Limitation of Liability
NEITHER NIAVO NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING NIAVO, INCLUDING OUR LICENSORS, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE NIAVO OR OUR LICENSORS' INTELLECTUAL PROPERTY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NIAVO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL NIAVO'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE NIAVO OR TO ACCESS YOUR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO NIAVO FOR USE OF NIAVO OR TWENTY DOLLARS ($20), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO NIAVO, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NIAVO AND YOU.
These Terms and any action related thereto will be governed by the laws of the Austria without regard to its conflict of laws provisions.
These Terms constitute the entire and exclusive understanding and agreement between Niavo and you regarding Niavo, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Niavo and you regarding Niavo, except that if you become a party to Niavo's Business Agreement, either before or after reviewing these Terms, the terms and conditions of the Business Agreement will govern over any conflicting provisions herein. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Niavo's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Niavo may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Niavo under these Terms, including those regarding modifications to these Terms, will be given: (i) by Niavo via email; or (ii) by posting to our website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Niavo's failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Niavo. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about the terms,please contact us at:
Smart Lingo Co. Limited
9TH FLOOR, AMTEL BUILDING, 148 DES VOEUX ROAD CENTRAL, CENTRAL, HONGKONG$
© 2020 Smart Lingo Co. Limited. All rigths reserved.