1.2 We may change the terms of this Agreement from time to time. If you do not agree to the change, you must discontinue your use of Busuu. Your continued use of Busuu will constitute your acceptance of the change.
1.3 We may (but do not promise that we will) offer additional or amended elements of Busuu from time to time. Depending on the additional or amended element you may not be able to continue to use Busuu until you have downloaded an update and/or accepted any new or revised terms of this Agreement.
1.4 You must be, or must obtain the permission of, the owner of the device on which you download and access BUSUU. You are responsible for your use of BUSUU on or in relation to any device.
1.5 Certain functionality we offer within BUSUU may be subject to additional terms and conditions (Product Terms) which will be made available to you from the relevant functionality. In the event of any conflict or inconsistency between any such Product Terms and this Agreement, the relevant Product Terms shall take precedence.
2.1 In order to use BUSUU you must register an account with BUSUU. For this, you must be:
2.2 Registering requires you to give us certain information about you, at the point of registration and/or later if requested.
2.3 You promise that the information which you provide to us in connection with your registration and account (Your Data) is truthful, accurate and complete. You must keep Your Data in your account updated.
2.5 Subject always to your compliance with the terms of this Agreement, BUSUU permits you to use BUSUU provided that:
2.6 We shall close your account if it is unable to pay for a period of one (01) month and terminate this Agreement after intimation.
2.7 Including when required by law or by our partners, we may require you to provide evidence of government-issued photo or other ID in an approved form and reserve the right to suspend or terminate your account and/or your use of BUSUU if such ID is not provided to our reasonable satisfaction. You must co-operate with and pass all other identification, anti-money laundering, fraud-protection or security checks which we or our partners may operate.
3.1 BUSUU is provided to you on an as is and as available basis only. From time to time, we may modify BUSUU automatically and without notice.
3.2 You must comply with all the terms of this Agreement and applicable laws when using BUSUU.
3.3 You are responsible for your use of BUSUU including content (Such as: Images, Videos, Social Media content etc.) which you post, submit or send to BUSUU (Your Content). Your Content must at all times comply with the usage policy for BUSUU set out in Clause 5.1 below (the Usage Policy).
4.1 You always retain ownership of Your Content but:
4.2 Decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software in BUSUU into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited except to the extent permitted by law.
4.3 BUSUU reserves to itself and Partner. All rights in and to BUSUU not expressly granted to you in this Agreement.
4.4 The BUSUU name and trade marks (including all related branding, logos and domain names) are the sole and exclusive property of Busuu.
4.5 Anyone who believes that their intellectual property or related rights are infringed by any content on the BUSUU should contact us and provide the Partner with all relevant information in writing including:
4.6 We reserve the right to suspend or cancel your access to BUSUU any time in our absolute discretion.
5.1 You agree that at all times:
5.2 If you breach Clause 5.1 above you will be in breach of this Agreement and in addition to our rights of termination of this Agreement under Clause 7 below: (a) We may take legal action against you; and (b) You may have additional legal liability, not just to us, but also to other users, the providers of Content displayed in Official Accounts and other third parties (together, the Additional Parties) who may also take action against you. You will indemnify Busuu, will be liable to damages and you also agree to compensate the Additional Parties for any loss or damage that we or the Additional Parties may suffer arising out of your breach of Clause 5.1 and for any other breach of this Agreement, improper use of BUSUU and/or breach of any law or the rights of a third party from your account.
5.3 We shall determine compliance with the Usage Policy at our sole discretion, acting reasonably. We may (but do not promise that we will) disable and/or delete Your Content
6.1 “Feedback” shall mean any input regarding our products and/or services (including BUSUU), including changes or suggested changes to our current or future products and/or services.
6.2 All Feedback provided by you shall not be considered confidential information and shall be received and treated by us on a non-confidential and unrestricted basis.
6.3 You agree that BUSUU and partner shall have and retain all ownership and intellectual property rights (including all derivatives or improvements thereof) in and to any Feedback provided by you or any other party, and acknowledge that we may use the Feedback for any purpose, including but not limited to incorporation or implementation of such Feedback into a BUSUU product or service, and to display, market, sublicense and distribute such Feedback as incorporated or embedded in any product or service distributed or offered by us.
7.1 Subject always to Clause 7.3, you may terminate this Agreement at any time by cancelling your subscription by immediate notice provided to us in accordance with Clause 10.2 or using any specific termination option in BUSUU that we may make available.
7.2 Subject always to Clause 2.7, we may terminate this Agreement on immediate notice provided to you in accordance with Clause 10.2 if:
7.3 Termination of this Agreement:
To the extent permitted by applicable law, BUSUU does not make any representations, warranties or guarantees to you regarding Busuu, including, but not limited to, its quality, functionality, availability, accessibility or performance. Busuu is provided to you on an "as is" and "as available" basis. If you are not satisfied with the quality, functionality, availability, accessibility or performance of Busuu, you may cancel your account as set out in clause 7.1 above. In jurisdictions that prohibit the disclaimer of implied warranties or the exclusion of certain warranties, BUSUU shall disclaim and exclude warranties to the maximum extent permitted by law. This clause 8 shall survive the termination of this Agreement.
Liability of Busuu will be limited and it shall not be liable for any claims, proceedings or actions brought or made against the Partner by any third persons pursuant to a contractual relationship with you. This clause 9 shall survive the termination of this agreement.
10.1 Notifications of claimed copyright infringement and counter notices must be sent to our designated copyright agent: firstname.lastname@example.org
10.2 We are only able to accept notices in the languages in which we make this Agreement available.
10.3 We will respond expeditiously to claims of copyright infringement that are reported to our designated copyright agent, identified above, in accordance with the U.S. Digital Millennium Copyright Act of 1998 or, as applicable, other laws.
11.1 We cannot and do not judge or arbitrate disputes between users of BUSUU or between users and third parties. You must settle any disputes directly with other users and third parties. If a user has breached this Agreement with us, we may, but do not undertake to, take action in respect of that.
12.1 Unless otherwise specified, any notices that you are required to give us under this Agreement should be sent to email@example.com We may send any notices that we are required to give you under this Agreement by any of the following methods: posting to your account, email to the email address which you have provided to us and/or placing a notice on BUSUU.