Terms and Conditions of Use
The terms "we", "us", "Clozemaster" refer to Language Innovation LLC, which owns and operates the Clozemaster websites ("Websites") and Clozemaster mobile applications ("Apps"). "You" refers to a visitor of the Clozemaster.com website and/or user of the Clozemaster mobile applications. The products, software, and services provided on the Clozemaster websites and mobile applications are referred to as the "Service".
By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms and Conditions including any future modifications, as well as all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in the Service are protected by applicable copyright and trade mark law.
2. Limited End User License
Clozemaster grants you a non-exclusive, non-transferable, limited right to access, use and display the online products you subscribe to or license (the "Content") made available via the Service, provided that you comply fully with this Agreement. The Content is only for your personal, noncommercial use. Each license is for use by one individual. Each additional user requires a separate license. This is the grant of a license, not a transfer of title, and under this license:
- You agree not to access or attempt to access the Service by any other means other than the interface provided on the Websites and Apps.
- You agree not to access or attempt to access the Service through any automated means.
- You agree that you will not attempt to interfere or disrupt the Service or the infrastructure (servers, networking equipment) providing the Service.
- You agree that you will not copy, duplicate, distribute, reproduce, sell, resell, rent, trade, lease, license or reverse engineer the Service.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Clozemaster at any time.
The Service (including all content, software, functions, fee-based services, materials and information made available thereon or accessed by means thereof) is provided AS IS. Clozemaster makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, title, compatibility, security, accuracy, or non-infringement of intellectual property or other violation of rights. Further, Clozemaster does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials by the Service or otherwise relating to such materials or on any sites linked to by the Service. Clozemaster does not warrant that the functions contained in the site or the services, fee-based or otherwise, will be uninterrupted or error-free, that defects will be corrected, or that the Service, fee-based or not, will meet any particular criteria of performance or quality.
Use of the Service is at your own risk. You assume full responsibility and risk of loss resulting from your downloading, accessing or use of files, information, communications, content, or other material (including without limitation software) accessed through or obtained by means of the Service. In no event shall Clozemaster or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Clozemaster, even if Clozemaster or a Clozemaster authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on Clozemaster's services could include technical, typographical, or photographic errors. Clozemaster does not warrant that any of the materials provided by the Service are accurate, complete, or current. Clozemaster may make changes to the materials provided by the Service at any time without notice. Clozemaster does not, however, make any commitment to update the materials.
Clozemaster has not reviewed all of the sites linked to the Service and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Clozemaster of the site. Use of any such linked web site is at the user's own risk.
7. Single User
Each assigned username for a Clozemaster online service is to be used solely by the individual to which it was issued.
8. Agreement To Pay
You agree to pay, using the credit information you provided us, the periodic subscription charges, applicable taxes, and other charges incurred on your account in order to access any fee-based services to which you have subscribed. Clozemaster reserves the right to increase fees, or to institute new fees at any time, upon email notice of 15 days or more.
Clozemaster reserves the right to restrict, suspend or terminate your access to Clozemaster services, fee-based or otherwise, in whole or in part, with respect to any breach or suspended breach of any portion of this Agreement. In the event of such a termination, there will be no refunds for unused time under the terms of your license or subscription. Clozemaster reserves the right to refuse to provide services to you in the future.
10. Refund/Cancellation Policy
You may cancel your subscription to Clozemaster at any time for any reason whatsoever. In the event of a cancelation, there will be no recurring charges made to your credit card. If you cancel within the first 30 days of the commencement of a yearly subscription you can apply for a refund by emailing firstname.lastname@example.org. If you disable automatic renewals for a fee-based subscription plan, access to the product will remain in effect for the remainder the subscription, but you will not be charged again, all recurring billing will cease, and the subscription will lapse as of its end date.
13. Modification of the Clozemaster Service
Clozemaster may modify its services in any way at any time, including fee-based services. Clozemaster may impose limits on any features and/or services or restrict your access to parts or all of the Service without notice or liability. If you are not satisfied with any such changes your only recourse and right is to cancel your account.
14. Change in Fees or Fee Structure
Clozemaster may change fees or fee structure for any product or service, including recurring subscriptions, at any time. Notice of any such changes will be posted in advance on the Clozemaster site and sent via electronic mail to any subscribers with recurring subscriptions that may be affected.
15. Further legal Disclaimer
Should any part of this document be shown to be legally incoherent or inapplicable, you understand that the relevant inadmissible section will be excised from this agreement without any diminution to the legal force or relevance of any and all other sections, which will continue to stand.
16. Governing Law
Any claim relating to Clozemaster's services shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions.
General Terms and Conditions applicable to Use of the Service.
17. Your Content
You retain the rights to your copyrighted content or information that you submit to Clozemaster ("user content") except as described below.
By submitting user content to Clozemaster, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to reproduce, prepare derivative works, distribute copies, perform, or publicly display your user content in any medium and for any purpose, including commercial purposes, and to authorize others to do so.
You agree that you have the right to submit anything you post, and that your user content does not violate the copyright, trademark, trade secret or any other personal or proprietary right of any other party.
18. We Don’t Endorse User Content
We take no responsibility for, we do not expressly or implicitly endorse, and we do not assume any liability for any user content submitted by you to Clozemaster. This includes content for the custom cloze-text and custom cloze-collection features, as well any other user submitted content on Clozemaster.
19. Copyright, DMCA, and Takedowns
We will respond to legitimate requests under the Digital Millennium Copyright Act ("DMCA"), and we retain the right to remove user content on Clozemaster that we deem to be infringing the copyright of others. If you become aware of user content on Clozemaster that infringes your copyright rights, you may submit a properly formatted DMCA request (see 17 U.S.C. § 512) to Clozemaster. A DMCA request can be sent to us via email@example.com.
All the things you do and all the information you submit or post to Clozemaster remain your responsibility. Indemnity is basically a way of saying that you will not hold us legally liable for any of your user content or actions that infringe the law or the rights of a third party or person in any way. Specifically, you agree to hold Clozemaster, its affiliates, officers, directors, employees, agents, and third party service providers harmless from and defend them against any claims, costs, damages, losses, expenses, and any other liabilities, including attorneys’ fees and costs, arising out of or related to your access to or use of Clozemaster, your violation of this user agreement, and/or your violation of the rights of any third party or person.
If you have any questions regarding these Terms please contact us at firstname.lastname@example.org and we'll do our best to rectify the situation as soon as possible.
Last revised: May 13, 2018