Last Updated: March 10, 2016
THE FOLLOWING TERMS OF USE (THE “TERMS OF USE”) CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE NOUN PROJECT (HEREAFTER, “THE NOUN PROJECT,” “WE,” “US” OR “OUR”). THE NOUN PROJECT IS THE OPERATOR OF THIS WEBSITE AND THE LINGO PRODUCT. PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS CONCERNING YOUR USE AND ACCESS TO THE LINGO WEBSITES (INCLUDING, WWW.LINGO.APP) , THE LINGO PLATFORM AND MARKETPLACE, AND ANY AFFILIATED MOBILE AND DESKTOP APPLICATIONS (COLLECTIVELY, THE “WEBSITE”). BY USING OR ACCESSING THE WEBSITE, AND ANY SERVICES OFFERED THROUGH THE WEBSITE (COLLECTIVELY, THE “SERVICES”), YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS OF USE, DO NOT USE THE WEBSITE OR SERVICES.
THESE TERMS OF USE ARE INTENDED FOR ALL USERS OF THE WEBSITE AND SERVICES, INCLUDING SELLERS OF CONTENT SUBMITTED TO THE WEBSITE, BUYERS OF CONTENT, THOSE WHO ARE SIMPLY NAVIGATING THE WEBSITE OR THOSE WHO REGISTER AN ACCOUNT WITH US. HOWEVER, DIFFERENT SECTIONS OF THE WEBSITE, SERVICES, AND TERMS OF USE AFFECT USERS DIFFERENTLY, SO PLEASE BE SURE TO READ THESE TERMS OF USE CAREFULLY. AS USED HEREIN, “CONTENT” MEANS ICONS, IMAGES, PHOTOS, GIFS, USER INTERFACE ELEMENTS, LOGOS, ICONS, EMOJIS, VIDEO, AND OTHER VISUAL CONTENT.
ALTHOUGH THE SERVICES INCLUDE PROVIDING ACCESS TO CONTENT SUBMITTED BY OTHER USERS OF THE WEBSITE, WE ARE SOLELY A LICENSEE AND ARE NOT THE AUTHOR OF USER-SUBMITTED CONTENT.
Account Registration. As a condition of your use of certain Services, you may be required to register an account with us and must provide true and accurate account information at all times (including, without limitation, ensuring that your account information remains current at all times.)
Account Security: As part of the registration process, you will be instructed to choose a username and password. The selected username and password may only be used by you. You are solely responsible for maintaining and protecting the confidentiality of your username and password, and are fully responsible for all activities that occur thereunder. We reserve the right to reclaim user names on behalf of businesses or individuals that hold legal claim or trademark on those usernames. Accounts using business names and/or logos to mislead others will be permanently suspended.
Minimum Age. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.
By agreeing to the Terms of Use, we grant you a limited license to access and use the Website and Services for your personal and commercial use, subject to the other terms and conditions of these Terms of Use. Users of Services also are granted a non-exclusive license to access, use, copy, modify, adapt, publish, display, translate, or create derivative works from Content accessed through the Services, subject to the terms and conditions of these Terms of Use.
Any use of Content made available to users of the Services for free shall be subject to the terms of the Creative Commons Attribution 4.0 International (CC BY 4.0) license, the terms of which can be found at https://creativecommons.org/licenses/by/4.0/. Any use of Content made available to users of the Services for a fee, or as part of a subscription, shall be subject to the terms of Section 6 hereof. .
We retain the right to determine whether or not your use of the Website or Services is consistent with the Terms of Use. We may suspend, restrict or terminate your use of the Website or Services and to refuse any future use of all or portions of the Website or Services if your use breaches or fails to comply with any of the Terms of Use. Additionally, we may seek any and all other remedies available to it, including (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the Terms of Use; and/or (b) seeking damages relating to any breach or failure to comply with any of the Terms of Use.
Prohibited Use of the Website/Services: In consideration of being allowed to use the Website and Services (or any portion thereof), you agree that the following actions, without limitation, shall constitute a material breach of the Terms of Use:
We expressly reserve the right, in our sole discretion, to terminate a user’s access to the Website or Services or any portion thereof due to any act that would constitute a violation of the Terms of Use. In addition to violating the Terms of Use, the foregoing actions on your part, or on behalf of any entity you are employed or otherwise acting as an agent for, involving intentional, unauthorized access of a protected computer or user accounts, may constitute a violation of state and federal law, including, but not limited to the Computer Fraud and Abuse Act (18 U.S.C. § 1030), and may potentially subject you and any affiliated parties to civil liability and criminal prosecution.
DISCLAIMER: THE WEBSITE (AND ITS CONTENTS) AND SERVICES ARE PROVIDED AS IS, WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND SERVICES AND ANY THIRD PARTY WEB SITES YOU MAY ACCESS FROM THE WEBSITE OR SERVICES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OF ANY KIND. ANY REFERENCES TO SPECIFIC THIRD PARTY PRODUCTS OR SERVICES ON THE WEBSITE DO NOT CONSTITUTE OR IMPLY A RECOMMENDATION OR ENDORSEMENT BY US, UNLESS EXPLICITLY STATED OTHERWISE.
The Website Is Solely as a Venue for User/Third Party Content. We do not guarantee the accuracy, integrity, quality or appropriateness of any content transmitted to or through the Website or Services. The Website simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of content users and third party providers. You understand that all content posted on, transmitted through or linked through the Website and Services, are the sole responsibility of the person or party from whom such content originated. You acknowledge that we do not own or control, and is not responsible for any claims, representation or warranties within the content made available through the Website or Services, and that by using the Services, you may be exposed to content that is inaccurate, misleading, or offensive. You agree that you must bear all risks associated with, the use of the Website and Services and any content accessible therefrom.
We are Not Required to Pre-Screen User/Third Party Content. By using the Website or Services, you further acknowledge your understanding that we have no obligation to screen, preview, monitor or approve any content posted or submitted by any of its users or third party providers; however, we may do so in our sole discretion. We reserve the right to review and delete any content that, in our sole judgment, violates the Terms of Use. You acknowledge that it is solely your responsibility to evaluate any risks associated with the use, accuracy, usefulness, completeness or appropriateness of any content that you submit, receive, access, transmit or otherwise convey through the Website or Services. We shall not be liable in any way for any content displayed or otherwise accessible via the Website or Services, including, but not limited to, any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) in the content or for any loss or damage of any kind incurred as a result of the use of any content submitted, accessed, transmitted or otherwise conveyed via the Service.
Third Party Content and Websites. The Website and Services (and any portions or content thereof) may contain features and functionalities that may link to, or access the API of, other websites and content offered by third parties which may be of interest to you. We are providing these links and/or access to you only as a convenience, and the inclusion of any link or access does not imply endorsement by us of the linked or accessed website and/or the content and materials found at the linked or accessed website, except as specifically stated otherwise by us. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature. We do not accept responsibility for those sites. Accessing any links from the Website to gain access to other websites is at your own risk.
Third Party Advertising at the Website. In consideration for our granting you access to and use of the Website and Services, you agree that we and our third party providers and partners may place such advertising on the Website or in connection with the display of content or information from the Website or Services whether submitted by you or others. We are not be responsible or liable for any loss or damage of any sort incurred as the result of any such advertising displays while you navigate or use the Website or Services. If there is a dispute arises between you and any third party advertiser relative to interactions or transactions involving the Website or Services, you understand and agree that we bear no liability in connection therewith.
The Website and Services may offer users the ability to submit Content for display or otherwise publication through the Services. Any submission of Content to the Lingo Marketplace or the Website by users shall be governed by the terms of a separate License Agreement between such user and The Noun Project (the “License Agreement”). The License Agreement sets forth, among other things, our license rights with respect to any Content submitted by you, and your rights to payment for any Content you may available for a fee. In addition to the terms set forth in the License Agreement, any user that submits Content to the Lingo Marketplace shall be subject to the following terms and conditions:
By submitting Content to the Lingo Marketplace, you represent and warrant that you:
(a) are at least eighteen (18) years of age;
(b) are the author and owner of the intellectual property rights thereto or that you have obtained the necessary waiver of any moral rights owned by any third party in any intellectual property;
(c) will fully comply with the Terms of Use, any other posted user conduct policies and all international, federal, state or local laws and regulation of the jurisdiction you reside in;
(d) will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with us, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
(e) will not use the Website or Services in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
(f) will not to re-sell or assign your rights or obligations under the Terms of Use; and
(g) will not send unsolicited email advertisements to any other users of the Website or Services via any contact made through the Website or Services.
Content Requirements:
By submitting Content to the Lingo Marketplace, you represent and warrant that your Content:
(a) constitutes your own work and you own all copyright or other intellectual property rights in and for such Content;
(b) will be accurate and based on facts and research referenced within your personal knowledge;
(c) does not contain threats to incite violence, does not violate the privacy or publicity rights of any third party, is legal to distribute and is not defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
(d) is not authored or displayed in a manner that misleads readers and subscribers into thinking you are a different person or company;
(e) does not contain or install any malware, viruses, worms, Trojan horses, or any other destructive content;
(f) is not spam or automatically generated, and that it does not content unethical content designed to direct traffic to third party sites; and
(g) will not express or imply any endorsement by us (or any of our websites or mobile applications) of any views or opinions expressed therein.
No Employment Relationship
We are not an employment service and do not serve as an employer of any user (regardless of the volume of Content submissions to the Website). We shall not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with your use of the Website or Services. You understand and agree that, if we are found to be liable for any tax or withholding tax in connection with your use of the Website or Services, then you will immediately reimburse and pay to us an equivalent amount, including any interest or penalties thereon.
No Agency Relationship
No agency, partnership, joint venture, employer-employee or franchiser-franchise relationship is intended or created by the Terms of Use. Without limiting the foregoing, except as expressly set forth herein, we are not acting and do not act as anagent for any user or visitor of the Website or Services.
Taxes
You are solely responsible for complying with all applicable tax laws and regulations related to your use of the Website and Services. Without limiting the foregoing, each user who receives any compensation from us relative to any content submission(s) is solely responsible for determining any applicable local indirect taxes and for including such taxes or obligations related to such taxes in content submissions. We are not responsible for any taxes related to your use of the Website or Services.
Any Buyer who purchases an item of Content through Lingo Marketplace or the Website does so through their unique user account. If such Buyer has multiple Noun Project accounts, such Buyer may only access such purchased Content through the account(s) from which they purchased the Content. Without limiting the scope of the foregoing, a user who purchases Content through a “team account” may not access such Content through their personal account, unless they have separately purchased such Content through their personal account.
a. Procedure for Reporting Copyright Infringements:
If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
b. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent: It is our policy:
c. Procedure to Supply a Counter-Notice to the Designated Agent:
It is our policy, if the content provider, member or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider, member, or user, must send a counter-notice containing the following information to the Designated Agent listed below:
It is our policy, if a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.
Please contact our Designated Agent to Receive Notification of Claimed Infringement at the following address: Attn: The Noun Project, 8603 Washington Blvd., Culver City, CA 90232.
LAST UPDATED: March 10, 2016
This Privacy Policy discloses the privacy practices for the Lingo website located at www.lingo.app and affiliated websites or mobile application (collectively, the “Web Site”), and any services offered through the Web Site or sites (including Apple’s iTunes store) (collectively, the “Services”). The Web Site is owned and operated by The Noun Project (“The Noun Project,” “we,” “us,” or “our”). This Privacy Policy sets out the basis on which information which identifies you or is associated with you (“Personal Information”) is collected from you and how it will be used by us. Please read the following carefully to understand our views and practices regarding your personal information and how we will treat it.
When you submit your Personal Information on or through the Web Site, you are giving your consent to the collection, use and disclosure of your Personal Information as set forth in this Privacy Policy. We may share information among our subsidiaries or sites that we own or control, but such sharing of information is always governed under the terms of this Privacy Policy.
We collect information from you when you voluntarily submit information to the Web Site. The following are examples of Personal Information that we may collect from you:
Examples of information we collect may include:
We may collect Personal Information directly from you in the following circumstances:
Your Personal Information will not be distributed or shared with third parties unless it is to transact such Services as you have contracted us to do, to comply with any legal processes and/or law enforcement requests, or in order to conduct any business as we, in our sole subjective discretion, deem reasonable. We may also use your Personal Information for the marketing and/or promotion of our products or services. We may outsource all of these tasks to third parties. If you have received an email from us, and you wish to no longer receive emails, please click the unsubscribe link found at the bottom of the email.
Except as disclosed above, we do not collect Personal Information about visitors to this site or our customers who use this site. We do routinely gather data on Web Site activity, such as how many people visit the site, the pages they visit, where they come from, how long they stay on the site, etc. The data is collected on an aggregate, anonymous basis, which means that no Personal Information is associated with the data. This data helps us improve site content and overall usage. The information is not shared with other organizations for their independent use.
We may contract with companies or individuals to provide certain services including email and hosting services, credit card processing, data management, surveys and marketing, promotional services, etc. We refer to them as our Service Providers. We may share Personal Information with Service Providers as appropriate for them to perform their functions and in accordance with this Privacy Policy and other confidentiality measures, where appropriate.
We maintain standard Web logs that record data about all visitors and customers who use the Web Site and we store this information for a while. These logs may contain the Internet domain from which you access the site (such as aol.com, abc.org, etc.); the IP address which is automatically assigned to your computer when you get on the Internet (a static IP address may be identifiable as being connected to you, while a dynamic address is usually not identifiable); the type of browser and operating system you use; the date and time you visited the site; the pages you viewed on the site; the address of the web site you linked from, if any. If you sign on to this web site to use its secured features, our Web logs will also contain an individual identifier and show the services you have accessed.
All Web logs are stored securely, and may only be accessed by our staff on a need-to-know basis for a specific purpose to use web log information to help us design our site, to identify popular features, to resolve user, hardware, and software problems, and to make the Web Site more useful to visitors.
We may place Internet “cookies” on the computer hard drives of visitors to the Web Site. Information we obtain from cookies helps us to tailor our site to be more helpful and efficient for our visitors. The cookie consists of a unique identifier that does not contain information about you
You may have software on your computer that will allow you to decline or deactivate Internet cookies, but if you do so, some features of this site may not work properly for you. For instructions on how to remove cookies from your hard drive, go to your browser’s web site for detailed instructions. In addition, further information regarding cookies may be available on other web sites or from your Internet service provider. Firefox and Internet Explorer are two common browsers.
We may use a third-party vendor to help us manage some of our e-mail communications with you. While we do supply this vendor with e-mail addresses of those we wish them to contact, your e-mail address is never used for any purpose other than to communicate with you on our behalf. When you click on a link in an email, you may temporarily be redirected through one of the vendor’s servers (although this process will be invisible to you) which will register that you’ve clicked on that link, and have visited the Web Site. We never share any information, other than your e-mail address, with our third-party e-mail vendor, which does not share these e-mail addresses with anyone else.
Even if you have given us permission to send e-mails to you, you may revoke that permission at any time by following the “unsubscribe” information at the bottom of the e-mail.
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries and the employees, agents, officers, directors and contractors of the foregoing entities. These companies will only use your personal information in the same way as we can under this Privacy Policy.
We may disclose personal information to any person performing audit, legal, operational, or other services for us. We will use information which does not identify the individual for these activities whenever feasible. Information disclosed to vendors or contractors for operational purposes may not be re-disclosed to others by such a vendor or contractor.
We may disclose your personal information to third parties:
We use a third party payment processor to process payments made to us. In connection with the processing of such payments, we do not retain any personally identifiable information or any financial information such as credit card numbers. Rather, all such information is provided directly to our third party processor, Stripe, whose use of your personal information is governed by their privacy policy, which may be viewed at https://stripe.com/us/privacy.
We may collect data from third party web sites (“Third Party Sites”). The use of personal data of users from Third Party Sites is restricted to necessary operations of our business and is used by staff on a need-to-know basis. The use of any data derived from Third Party Sites will be utilized in accordance with Third Party Sites terms of services as outlined on such Third Party Site pages.
If a user makes a request to receive information in an ongoing manner through this Web Site by providing their e-mail address (for example, requesting a subscription to one of our online publications), we may send you emails for the marketing and/or promotion of our products or services. If you have received an email from us, and you wish to no longer receive emails, please click the unsubscribe link found at the bottom of the email.
In order to accept payments as a Contributor, you may need to enter personal information including your address, full name, and tax identification information. We will not sell this information and it will be only accessible on a need to know basis for payment and tax purposes.
If you are under 13 years of age, you are not authorized to use the Service, with or without registering. We do not intentionally collect or store Personal Information from users under the age of 13. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.
Please note that data that is transported over an open network, such as the Internet or e-mail, may be accessible to anybody. We cannot guarantee the confidentiality of any communication or material transmitted via such open networks. When disclosing any Personal Information via an open network, you should remain mindful of the fact that it is potentially accessible to others, and consequently, can be collected and used by others without your consent. Your data may be lost during transmission or may be accessed by unauthorized parties. We do not accept any liability for direct or indirect losses as regards the security of your Personal Information or data during its transfer via Internet. Please use other means of communication if you think this is necessary or prudent for security reasons.
For network security purposes and to ensure that the Web Site remains available to all users, we employ commercial software programs to monitor network traffic and attempt to identify unauthorized attempts to upload or change information, or otherwise cause damage. All payment information is transmitted via Secure Socket Layer (SSL) technology, encrypted into our payment gateway, and accessible only by those authorized with special access rights to such systems who are required to keep the information confidential.
Password-protected areas of the Web Site can be accessed only with a valid user name and password. Each password owner is responsible for keeping the password confidential and safe, as we have no control or responsibility for this type of user information. If the password may have been stolen or might otherwise be misused, it is the responsibility of the password owner to notify us immediately for further action.
The Web Site is hosted in the United States. If you are accessing the Web Site from the European Union, Australia, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, you are transferring your Personal Information to the United States which does not have the same data protection laws as such other regions. By providing your Personal Information to the Web Site, you are consenting to the transfer of that information to the United States for processing and maintenance in accordance with this Privacy Policy and our Terms and Conditions. You are also consenting to the application of United States law in all matters concerning the Web Site and Services.
The Web Site operates “AS-IS” and “AS-AVAILABLE,” without warranties of any other kind. We are not responsible for events beyond our direct control. This Privacy Policy is governed by the laws of the State of California, excluding conflicts of law principles. Any legal actions against us must be commenced in the county of Los Angeles in the state of California in the United States of America.
Any changes we may make to our privacy policy in the future will be posted on this page.
We reserve the right, at our discretion, to change, modify, add or remove portions of this Privacy Policy at any time. If we change any portions of this Privacy Policy, the changes will be updated on this Privacy Policy page and users should periodically review our Privacy Policy page for any such changes. Please further note, depending on a user’s particular interaction with us, different portions of this policy may apply to users at different times.
If you have any questions about this Privacy Statement, our policies and practices concerning this site, your rights under this statement, and your dealings with this web site, you can contact us by sending a message to [email protected], or The Noun Project, 8603 Washington Blvd., Culver City, CA 90232, Attn: Customer Support.
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