BuildMyVocab Terms and Conditions

BuildMyVocab ("BuildMyVocab.com", "Us" or "We") provides BuildMyVocab.com, mobile application and various related services (collectively, the "BuildMyVocab Platform") to you, the user, conditioned upon your agreement and compliance with all the terms, conditions, and notices contained or referenced in this agreement (the "Terms and Conditions of Use"), as well as any other written agreement between us and you. By browsing through the BuildMyVocab Platform / Mobile Application the user hereby accepts the Terms and Conditions and consents their approval to the provisions of the Terms and Conditions as laid down herein below.

  1. Introduction

These Standard Terms and Conditions written on this webpage shall manage your use of BuildMyVocab platform. These Terms will be applied fully and affect to your use of BuildMyVocab platform. By using BuildMyVocab platform, you agreed to accept all terms and conditions written in here. You must not use BuildMyVocab platform if you disagree with any of these Standard Terms and Conditions.

  1. Intellectual Property Rights

Other than the content you own, under these Terms, BuildMyVocab and/or its licensors own all the intellectual property rights and materials contained in BuildMyVocab platform.

You are granted limited license only for purposes of viewing the material contained on BuildMyVocab platform.

  1. Restrictions

You are specifically restricted from all of the following

  • publishing any BuildMyVocab material in any other media;
  • selling, sublicensing and/or otherwise commercializing any BuildMyVocab platform material;
  • publicly performing and/or showing any BuildMyVocab material;
  • using BuildMyVocab platform in any way that is or may be damaging to this platform;
  • using BuildMyVocab platform in any way that impacts user access to this platform;
  • using BuildMyVocab platform contrary to applicable laws and regulations, or in any way may cause harm to the platform, or to any person or business entity;
  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to BuildMyVocab platform;
  • using BuildMyVocab platform to engage in any advertising or marketing.

Certain areas of BuildMyVocab platform are restricted from being access by you and BuildMyVocab may further restrict access by you to any areas of this platform, at any time, in absolute discretion. Any user ID and password you may have for BuildMyVocab platform are confidential and you must maintain confidentiality as well.

  1. Your Content

In these Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on BuildMyVocab platform. By displaying Your Content, you grant BuildMyVocab a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be invading any third-party’s rights. BuildMyVocab reserves the right to remove any of Your Content from BuildMyVocab platform at any time without notice.

  1. No warranties

BuildMyVocab platform is provided “as is,” with all faults, and BuildMyVocab express no representations or warranties, of any kind related to this platform or the materials contained on BuildMyVocab platform. Also, nothing contained on the BuildMyVocab platform shall be interpreted as advising you.

  1. Limitation of liability

In no event shall BuildMyVocab, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of our website or app whether such liability is under contract.  BuildMyVocab, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of BuildMyVocab platform.

  1. Indemnification

You hereby indemnify to the fullest extent BuildMyVocab from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

  1. Termination of Use

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the BuildMyVocab Platform with or without serving any notice to you and for any reason, including, without limitation, breach of these Terms and Conditions of Use. Where, in our reasonable opinion, there is any suspected fraudulent, abusive, inappropriate, or illegal activity, such activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension of your access, regardless of the reasons therefore, your right to use the services available on the BuildMyVocab Platform immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the BuildMyVocab Platform. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

  1. Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

  1. Variation of Terms

BuildMyVocab is permitted to revise these Terms at any time as it sees fit, and by using BuildMyVocab platform you are expected to review these Terms on a regular basis.

  1. Assignment

The BuildMyVocab is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

  1. Entire Agreement

These Terms constitute the entire agreement between BuildMyVocab platform and you in relation to your use of BuildMyVocab platform, and supersede all prior agreements and understandings.

  1. Miscellaneous

In any action to enforce these Terms and Conditions of Use, the prevailing party will be entitled to costs and attorney's fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.

You may not assign your rights and obligations under these Terms and Conditions of Use to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms and Conditions of Use to any party whatsoever without any permission from you.

You agree not to replicate, duplicate, copy the content, art work of any users of BuildMyVocab and/or any third party and also of BuildMyVocab on the BuildMyVocab Platform/Mobile Application.

In addition, you agree that we are excused from liability for non-delivery or delay in delivery of products and services available through the BuildMyVocab Platform arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, power outage, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

  1. Content and DMCA

By uploading a file or other content or by making a comment, you represent and warrant to us that (1) doing so does not violate or infringe anyone else's rights; and (2) you created the file or other content you are uploading, or otherwise have sufficient intellectual property rights to upload the material consistent with these terms. With regard to any file or content you upload to the public portions of BuildMyVocab platform, you grant us a non-exclusive, royalty-free, perpetual, irrevocable worldwide license (with sublicense and assignment rights) to use, to display online and in any present or future media, to create derivative works of, to allow downloads of, and/or distribute any such file or content. To the extent that you delete any such file or content from the public portions of BuildMyVocab platform, the license you grant to BuildMyVocab pursuant to the preceding sentence will automatically terminate, but will not be revoked with respect to any file or content BuildMyVocab has already copied and sublicensed or designated for sublicense. Also, of course, anything you post to a public portion of BuildMyVocab platform may be used by the public pursuant to the following paragraph even after you delete it.

USE OF BUILDMYVOCAB CONTENT

By downloading an image or copying other content from BuildMyVocab platform, you agree that you do not claim any rights to it. The following conditions apply:

  • You may not use for personal, non-commercial purposes without prior permission.
  • You may not use it for anything that qualifies as fair use under copyright law, for example journalism (news, comment, criticism, etc.), without our prior permission.
  • You may not use it for non-journalistic commercial purposes.
  • WE MAKES NO WARRANTIES OF NON-INFRINGEMENT, and you will indemnify and hold BuildMyVocab harmless from any copyright infringement claims arising out of your use of the content.

You may not copy or use any portions of BuildMyVocab platform.

NOTICES OF CLAIMED COPYRIGHT INFRINGEMENT (OR OTHER TYPES OF INFRINGEMENT)

We use various forms of multimedia (Videos, GIF, Images) for educational purposes. All such use fall under "fair usage policy". We don't claim any copyright for such content. Our content does not undermine the market for the original work. Original material is used for a limited and "transformative" purpose, such as commentary, criticism or parody.

If you see anything on BuildMyVocab platform that you believe infringes your copyright rights, you may notify our Digital Millennium Copyright Act ("DMCA") agent by sending the following information:

  • Identification of the copyrighted work or works claimed to have been infringed. IMPORTANT: you must have a registered copyright for the work, or at least have filed with the Copyright Office (http://www.copyright.gov/eco/) an application to register a copyright for the work. DMCA notifications based on unregistered works are not valid.
  • Identification of the material on our servers that is claimed to be infringing and that is to be removed, including the URL or other information to enable us to locate the material.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you as copyright owner, or by your agent, or by law.
  • A statement that the information in your notice is accurate, and under penalty of perjury, that you are the owner (or authorized to act on behalf of the owner) of the exclusive copyright right that is allegedly being infringed.
  • Your physical or electronic signature, or of someone authorized to act on your behalf.
  • Instructions on how we may contact you: preferably email, but also address and phone.

Because all DMCA notifications must be based on a work for which the copyright is registered with the Copyright Office (or for which registration has been applied for), and because a high percentage of DMCA takedown notices are not valid, it will speed our investigation of your DMCA notice if you attach to it a copy of your copyright registration, or registration application, for the work.

Email:hi@buildmyvocab.com

Use the same procedure for any claimed trademark violations or other infringements. If we receive a DMCA takedown demand for material you posted that we believe constitutes fair use, we will attempt to notify you if we have your contact info; otherwise we are under no obligation to notify you regarding the removal. We reserve the right to refuse to remove any material that in our view constitutes fair use. If we identify you as a "repeat infringer," we will block or remove your images and terminate any accounts you have with us. (If we notify you of a DMCA removal and you respond with a legitimate counter-notice, that won't count toward being a repeat infringer.) Keep in mind that we reserve the right to remove any content at any time whether or not it infringes or violates any of our policies.

  1. Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the State of Karnataka, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Karnataka for the resolution of any disputes.