LOKALISE TERMS OF USE
Dated November, 18 2021

TERMS


Welcome to the Lokalise Academy site and online service owned and operated by Lokalise, Inc. (referred to as “Lokalise” “we", “our”, or “us”). This Terms of Use explains the terms by which you may access or use our services, website, applications, technology, platform and any other components (collectively, the “Academy”). This Terms of Use applies to all visitors, users, members, customers and others who access or use the Academy (“Users”) and by accessing or using the Academy, you hereby agree to be bound by this Terms of Use and to the collection and use of your information as set forth in the Lokalise Privacy Policy.

This Terms of Use hereby incorporates the Privacy Policy, and any other agreements or documents that may be posted or provided on or with or made part of the Academy from time to time, including in each case, all future amendments and modifications (collectively, the “Agreements”). Any terms not otherwise defined in this Terms of Use shall be as set forth in the Agreements.

Please, make sure you review the Agreements as a whole, and any updates from time to time. It is your responsibility to be sure that the Agreements are acceptable for you, particularly the terms and conditions relating to the positing and use of User Content. 

USE OF OUR ACADEMY

Our Academy in a Nutshell

Lokalise provides a web-based educational environment for Lokalise and our partner’s and providers’ localization content.  

Eligibility

You may use the Academy only if you can form a binding contract with Lokalise, and only in compliance with the Agreements and all applicable local, state, national, and international laws, rules, and regulations. You must be 18 years old or older to use or access the Academy. Any use or access to the Academy by anyone under 18 is strictly prohibited and in violation of the Agreements. Also, the Academy may not be available to any Users previously removed from the Academy by Lokalise. 

We provide the Academy for use only by persons located in the United States. We make no claims that the Academy or any of its content is accessible or appropriate outside of the United States. Access to the Academy may not be legal by certain persons or in certain countries. If you access the Academy from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Changes and Discontinued Academy.

The Academy and any features and functionality may change, be canceled or modified at any time, in our sole discretion.

LOKALISE ACCOUNT AND USE OF YOUR INFORMATION

Member Accounts and Member Groups

In order to use or access the Academy, you will need to register and create an account (“Member Account”). A Member Account gives you (a “Member”) access to the applicable Academy by you or your Member Group (as defined). We may maintain different types of accounts for different types of Members and the access level and content and services available will depend on whether or not you create a “free” account and if you decide to purchase/subscribe to the Academy, the subscription level purchased by you. In either case, if you open a Member Account on behalf of yourself, you will be responsible for your use and access to the Academy and compliance with the Agreements. If you open a Member Account on behalf of a company, organization or entity, then (a) “you” includes you and that entity and the Users associated therewith (collectively, the “Member Group” and each being a “Member”), and (b) you hereby represent and warrant that you are an authorized representative of the entity with the authority to bind the entity and the Member Group to the Agreements. Also, references to you under the Agreements will be deemed to mean any Member or Member Group, as applicable. 

If you connect to Lokalise via a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.  

Member Account Registration, Passwords and Profiles

You may never use another Member’s account without permission. When creating your Member Account, you must provide accurate and complete information, and update it from time to time as needed. You are solely responsible for the activity that occurs on and with your Member Account. You must keep all passwords secure, and you must notify Lokalise immediately of any breach of security or unauthorized use of your Member Account or any passwords. Please be aware, although Lokalise will not be liable for your losses caused by any unauthorized use of your Member Account, you shall be liable for the losses of Lokalise or others due to such unauthorized use.

Communications From the Academy Via E-mail and Other Contact Information/Opt-Out Options

You may use the ‘Account Settings’ in the Academy to control your Member profile. By providing Lokalise your email address and other contact information, you hereby consent to Lokalise and its third party providers, who host, support or assist with regard to the Academy, using the email address and the contact information to send you Academy-related notices, including any notices required by law, in lieu of communication by postal mail. You may opt out of many Academy-related communications by clicking the unsubscribe link at the footer of the e-mail.  We may also use your email address and other contact information provided to send you other messages, including changes to features of the Academy and special offers. If you do not want to receive such email messages, you may opt out by by clicking the unsubscribe link at the footer of the e-mail. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

Third Party Links and Hosting Provider

The Lokalise Academy will use third parties to host and support the provision of the Academy, which means that these third party providers may have access to Member Account information. If Lokalise’s hosting provider or vendor has access to or is provided any of your personal information, such hosting provider will be required to comply with the Lokalise privacy policy to the extent it is applicable to them and when accessing or processing your personal information. Additionally, such third party hosting providers may have additional rules and requirements which apply to you and your information and you must comply with these rules and requirements when you are made aware of them.
 
IF THE ACADEMY CONTAINS LINKS TO OTHER SITES AND RESOURCES PROVIDED BY THIRD PARTIES, INCLUDING THE THIRD PARTY HOSTING PROVIDER, THESE LINKS ARE PROVIDED FOR YOUR CONVENIENCE ONLY. THIS INCLUDES LINKS CONTAINED IN ADVERTISEMENTS, INCLUDING BANNER ADVERTISEMENTS AND SPONSORED LINKS. WE HAVE NO CONTROL OVER THE CONTENTS OF THOSE SITES OR RESOURCES, AND ACCEPT NO RESPONSIBILITY FOR THEM OR FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR ACCESS TO OR USE OF THEM. IF YOU DECIDE TO ACCESS ANY OF THE THIRD-PARTY WEBSITES OR CONTENT LINKED TO THE ACADEMY, YOU DO SO ENTIRELY AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF USE FOR SUCH WEBSITES OR CONTENT.

RULES FOR USING THE ACADEMY

Prohibited Activities

You can use the Academy (in accordance with the Agreements) as long as you don’t:
  • copy, distribute, or disclose any part of the Academy in any medium; 
  • alter or modify any part of the Academy, other than as may be reasonably necessary to use the Academy for its intended purpose; 
  • use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Academy in a manner that sends more request messages to the Lokalise servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser;
  • collect or harvest any personally identifiable information, including account names, from the Academy nor to use the communication systems provided by the Academy for any commercial solicitation purposes;
  • use any portion of the Academy as a destination linked from any unsolicited bulk messages or unsolicited commercial messages;
  • attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Academy; 
  • take any action that imposes, or may impose, at our sole discretion an unreasonable or disproportionately large load on our infrastructure; 
  • upload invalid data, viruses, worms, or other software agents through the Academy; 
  • impersonate another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; 
  • interfere with the proper working of the Academy; 
  • bypass the measures we may use to prevent or restrict access to the Academy, including, but not limited to, registering for the Academy with a non-member email address; or 
  • violate any terms or conditions of the Agreements.

Right to Suspend or Terminate Use

Lokalise may permanently or temporarily terminate, suspend, or otherwise refuse to permit you access or use to or of the Academy, without notice or liability, at any time, particularly if, in Lokalise’s sole determination, you violate, or appear to be violating, any of the Agreements, including the Prohibited Activities above. Upon termination for any reason, you continue to be bound by the Agreements with regard to any surviving obligations.

DELIVERY, ACCESS & PAYMENT

Delivery and Access

When you register and become a Member, subject to the terms of the Agreements, you will gain access to the applicable features of the Academy, depending on the type and level of Member you opt to establish. In either case, the applicable features of the Academy will be available for digital delivery, the later of, registration completion or, if applicable, shortly after payment has been received and processed if applicable. Delivery of specific sections of the Academy may be determined by the Member Group preferences. For example, access to specific sections or features of the Academy may be made at the time of the specific classes or parts of your curriculum. 

Payment

If you choose to purchase a subscription, if applicable, Lokalise uses a third-party service provider to manage credit card processing, and your credit card information is transmitted directly to the third-party service. This third-party processing service is not permitted to store, retain, or use your billing information except as necessary to process your credit card information for current or future purchases on or with Lokalise Academy. Your full credit card number is never transmitted to or viewed by anyone at Lokalise (however, we are given and may print a portion of your credit card information on your receipt to let you know what credit card you used to make a purchase). The company name on your receipt may not appear as Lokalise and instead will be the name of the third party processor or as otherwise noted when you make the purchase. You will receive an email receipt following each credit card charge. 

If at any time you fail to pay a fee charge when due, then in addition to all other remedies available to Lokalise, Lokalise may immediately suspend or terminate the Academy, in whole or in part.

Platforms 

By becoming a Member of the Academy, whether as a free or paid Member, you acknowledge and agree that the Academy may only be accessed through the Lokalise web-based tutorial environment and any other platforms, applications or sites that Lokalise specifically authorizes. 

Fees For Academy That Was Free

If you use or access, or Lokalise provides or offers, any features, content or components of the Academy without charge, Lokalise has the right at any time to starting charging a fee for such features, content or components of the Academy, provided Lokalise notifies you of such fee before you incur it. If a fee applies, your use and access to the Academy is subject to your full and timely payment of such fee. 

AVAILABILITY AND CANCELLATION

Availability and Refunds

Please be aware that all sales transacted through or via the Academy are final and non-refundable. However, if you are unable to access the Academy within a reasonable time after payment is made, you notify us of such within ten (10) days of such and the problems are caused by Lokalise’s systems or technology, we will make commercially reasonable efforts to help troubleshoot the problem. If we are not able to remedy the problem within a reasonable time, at our sole discretion, we may provide you with a refund – please contact us at academy@lokalise.com as soon as you reasonably are able. Please be aware that Lokalise is under no obligation to troubleshoot the problem or provide a refund. 

Cancellation

You may cancel your Member Account at any time by deleting your account through Settings or emailing academy@lokalise.com and requesting your account to be deleted. If you have purchased any subscriptions or classes via the Academy and you decide to cancel your Membership Account and you do so before your first Academy class is initiated, you will receive a full refund. If you choose to cancel after you have initiated the first Academy class, you will not receive any refund. 

Group Member Transfers

For any Group Member purchases where multiple Members rights are purchased to use the Academy, the Member Group may transfer the right from one Member to another Member upon notice to Lokalise. In all cases however, it is imperative to securely and effectively manage passwords and access to the Group Member Academy between Members (especially for any new Members or Members leaving the group) to ensure the Member Account is secure. Management of such is solely the Group Member’s responsibility and the Group Member will be held liable for any unauthorized access to the Academy!

LICENSE TO USE THE ACADEMY

Subject to agreement to and compliance with the terms of the Agreements, and payment of all applicable fees (including applicable taxes) if and where applicable, you are hereby granted a non-exclusive, non-transferable, limited, fully revocable, personal license to use or access the Academy as permitted by the features of the Academy. Lokalise reserves all rights not expressly granted herein in the Academy and the Lokalise Property (as defined below). 

We reserve the right to refuse the Academy to any person or to terminate this license or right at any time for any reason or no reason and you should not rely on it at any time. Also, Lokalise reserves the right to change, without prior notice, Academy options and features and pricing.

USER CONTENT

User Content Is Not Private and Posting and Using User Content is Solely At Your Own Risk

Sharing of Content 


First and foremost, and we cannot stress this enough, if you become a Member (as described below) you and anyone in your Member Group (defined below) may share your information to the Academy, which then will be displayed and accessible to other Members. Therefore, do not upload, publish, display, share, submit, link to, post or otherwise make available (“Post” including any all related conjugations) information to the Academy which you do not want to be public. It is entirely your responsibility to advise and manage your Member Group in the Posting of information. Please see the ‘User Content’ section below for more details. 

YOU HEREBY AGREE TO HOLD LOKALISE HARMLESS, AND DEFEND AND INDEMNIFY LOKALISE, FROM ANY AND ALL LIABILITIES, LOSSES, COSTS, DAMAGES, ISSUES, PENALTIES AND FINES, INCLUDING ATTORNEYS FEES, IN CONNECTION WITH YOU OR YOUR MEMBER GROUPS’ USE OR POSTING OF ANY USER CONTENT. 

The Academy is designed to be interactive and will allow Members to Post information, including comments, experiences, questions, data, and feedback information (“User Content”) to the Academy. Accordingly, USER CONTENT WILL BE ACCESSIBLE TO OTHER MEMBERS, WHO MAY FURTHER REFERENCE OR POST YOUR USER CONTENT ELSEWHERE, WHETHER OR NOT THEY ARE PART OF YOUR MEMBER GROUP. THEREFORE, DO NOT POST ANY INFORMATION WHICH YOU OR YOUR MEMBER GROUP ARE NOT COMFORTABLE BEING VIEWED BY THE PUBLIC. 

Advise Your Members

We strongly advise you to clearly and actively advise your Member Group on an ongoing basis, and any new Members, on the management of Posting User Content. As mentioned, management of the Posting of User Content by any Member is solely your responsibility. 

Your Responsibility For User Content 

Lokalise cannot and does not manage or actively review User Content. You are fully liable and responsible for all matters relating to any User Content, including the accuracy of such, right to Post, and impact it may have on other Members.
 
Lokalise and Other Member’s License to Use Your User Content

As features of the Academy may be interactive, it is entirely possible, and you should be prepared, that other Members or Lokalise may reference or use User Content that you Post via the Academy or elsewhere. This may occur even after you terminate your Member status or leave the Member Group. As part of using and accessing the Academy, you hereby grant Lokalise and all other Members a right to Post any and all of your User Content for their own purposes. Lokalise is not responsible for any Posting of your User Content.
 
Using Other Member’s User Content And Interacting With Other Members

You understand and acknowledge that you may be exposed to User Content from others that is inaccurate, offensive, inappropriate, indecent, or objectionable. Lokalise cannot and will not attest to the accuracy, veracity or legal status of any other Member’s User Content and your use of, reference to, or any Posting of User Content is solely at your own risk. Lokalise is not and shall not be liable for any damages or losses arising from or in connection with your use or Posting of any other Member’s User Content. Furthermore, you are solely responsible for your interactions with other Lokalise Users and Members. We reserve the right, but have no obligation, to monitor disputes between you and other Members.

Rights to Withdraw User Content/Not Protected

You may Post User Content in accordance with the Agreements to the Academy and you may withdraw your User Content at any time. Be aware though, other Members, your Member Group you were a part of if applicable, and Lokalise may have already Posted your User Content elsewhere as described above. Furthermore, you understand that Posting your User Content on the Academy is not a substitute for registering it with the U.S. Copyright Office, the Writers Guild of America, or any other rights organization.

Solicitations Not Permitted

You are strictly prohibited from using any User Content or any content or materials provided via the Academy for marketing, advertising or solicitations at any time. If Lokalise becomes aware or suspects any such use or reference with regard to any User Content or any information or content or features provided via the Academy, it has the right to immediately terminate or suspend your access to the Academy, and you shall be responsible for any resulting liability. 

User Content Rules and Restrictions

Since your User Content will be accessible to others, please only Post information which you know and understand to be accurate, legal, and appropriate for the audience. You especially agree not to Post User Content that: 

  • is confidential or proprietary of any nature;
  • contains any information or content that is, in Lokalise’s reasonable discretion, unlawful, harmful, abusive, racially or ethnically offensive, defamatory, discriminatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable; 
  • contains any information or content that is illegal or which you are not authorized to Post;
  • may create a risk of harm, loss, physical or mental injury, emotional distress; 
  • may create a risk of any other loss or damage to any person or property; 
  • may constitute or contribute to a crime or tort; 
  • may create a risk of death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; 
  • contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; 
  • contains any information or content that you know is not correct and current;
  • could or does violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined), rights of publicity and privacy. 

REQUIRED INFRASTRUCTURE

Infrastructure 
If you purchase or wish to use or access the Academy, including any of its features, content or components, you must have compatible and up to date devices, Internet access, and the required and up to date software, hardware, technology, and communications equipment (collectively, “Infrastructure”). Using incorrect or inadequate Infrastructure will likely affect the performance of the Academy, no fault to Lokalise. For example only, the Lokalise web-based tutorial environment requires a high-speed Internet connection and use of a compatible Internet browser. It is your responsibility to obtain and properly configure all Infrastructure needed to access and use the Academy, and, for the avoidance of doubt, pay all costs and fees associated with such maintenance and operation of the Infrastructure.

ADDITIONAL OFFERINGS 

Lokalise may offer alternative and/or additional features, tutorials, classes, or content to some Members but not others in its own discretion.

OUR PROPRIETARY RIGHTS

Lokalise Property

Except for User Content, the Academy and the technology, processes, methodologies, materials, designs, formats, documentation, programs, presentations, content, software, images, text, graphics, illustrations, logos, photographs, audio, videos, music, including any and all Intellectual Property Rights through the world related thereto (the “Lokalise Property”), are the exclusive property of Lokalise and its licensors. Except as explicitly provided herein, nothing in the Agreements shall be deemed to create a right, interest or license in or under any such Lokalise Property, and you hereby agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Lokalise Property accessible or provided via the Academy. Use of the Lokalise Property for any purpose other than expressly permitted under this Terms of Use is strictly prohibited.

Intellectual Property Rights

For the purposes of the Agreements, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

Ideas

If you submit (with or without a request or inquiry from Lokalise) any comments, ideas or feedback about the Academy, including improvements, enhancements, features or information (“Ideas”), you hereby agree that your disclosure is gratuitous, unsolicited and without restriction, and that by doing so, you do not and will not place Lokalise under any fiduciary or other obligation. Furthermore, you hereby agree that we are free to disclose the Ideas on a non-confidential basis to anyone or otherwise use the Ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, Lokalise does not waive any rights to use similar or related ideas previously known to Lokalise, or developed by its employees, or obtained from sources other than you.

CHANGES

We reserve the right to amend the Agreement at any time and without notice. If we do this, we will post the amended Agreement on the applicable page and indicate the date the Agreement was last revised, where applicable. Your continued use of any Academy after any such changes constitutes your acceptance of the new Agreement. If you do not agree to any of the terms or any future Agreement, you and your organization, if applicable, must not use or access (or continue to access) the Academy. The Agreements apply to all Users.

PRIVACY

Privacy is important and we recommend and encourage you to review the Privacy Policy to ensure you understand and accept how we gather and use information relating to the Academy and you.

SECURITY

We have implemented commercially reasonable technical and organizational measures designed to secure personal information provided by Members from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that those measures will never be defeated or that we can stop any person from using or accessing your personal information or User Content for improper purposes. USING THIS ACADEMY IS OPTIONAL AND ANY INFORMATION YOU PROVIDE, WHETHER OR NOT IT IS PERSONAL, SENSITIVE OR USER CONTENT, IS PROVIDED AT YOUR OWN RISK!

INDEMNITY

You hereby agree to defend, indemnify and hold harmless Lokalise and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Academy, including any data or work transmitted or received by you; (ii) your violation of any term of the Agreements, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that are submitted via your account; or (vi) any other party’s access and use of the Academy with your unique username, password or other appropriate security code.

NO WARRANTY

THE ACADEMY IS OPTIONAL AND THERE IS NO REQUIREMENT FOR THE USE OF THE ACADEMY. IF YOU DO ACCESS OR USE OR THE ACADEMY OR THE WEBSITE AND/OR ANY SERVICE, BE AWARE THAT THE ACADEMY AND ALL ITS FEATURES, CONTENT AND COMPONENTS, WHETHER WITH OR WITHOUT CHARGE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ACCESS TO OR USE OF THE ACADEMY OR ANY OF ITS FEATURES, CONTENT OR COMPONENTS IS ENTIRELY AT YOUR OWN RISK. THE ACADEMY IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, LOKALISE, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE ACADEMY WILL MEET YOUR REQUIREMENTS; THAT THE ACADEMY WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE ACADEMY IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED IN CONNECTION WITH THE ACADEMY IS AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR INFRASTRUCTURE OR LOSS OF DATA OR ANY OTHER LABILITIES OR DAMAGES THAT RESULT FROM SUCH USE.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LOKALISE, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE ACADEMY OR ANY COMPONENTS THEREOF. UNDER NO CIRCUMSTANCES WILL LOKALISE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE ACADEMY OR ANY COMPONENTS THEREOF OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOKALISE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR ACADEMY; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE ACADEMY; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR ACADEMY BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE ACADEMY; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, INCLUDING ANY OTHER USERS OR MEMBERS. IN NO EVENT SHALL LOKALISE, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO LOKALISE HEREUNDER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF LOKALISE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. Certain Licensing Terms may provide slightly different rights to the parties thereto, but any such Licensing Terms do not change the rules applicable to Users covered by the foregoing.

ASSIGNMENT

The Agreements, and any rights and licenses granted hereunder, may not be delegated, transferred or assigned by you, but may be assigned by Lokalise without restriction.

GENERAL

Governing Law

You agree that: (i) the Academy shall be deemed solely based in the State of Delaware, U.S.A.; and (ii) the Academy shall be deemed a passive one that does not give rise to personal jurisdiction over Lokalise, either specific or general, in jurisdictions other than Delaware, U.S.A.. The Agreements shall be governed by the internal substantive laws of the State of Delaware, U.S.A., without respect to its conflict of laws principles. Any claim or dispute between you and Lokalise that arises in whole or in part from the Academy shall be decided exclusively by a court of competent jurisdiction located in the State of Delaware, U.S.A..

Notification Procedures

Lokalise may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Lokalise in our sole discretion. Lokalise reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in the Agreements.

Entire Agreement/Severability

This Terms of Use, the Privacy Policy together with any other legal notices and agreements published by Lokalise via the Academy or any other written agreements entered into between you and Lokalise, shall constitute the entire agreement between you and Lokalise concerning the Academy. If any provision of the Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Agreements, which shall remain in full force and effect.

Waiver

No waiver of any term of the Agreements shall be deemed a further or continuing waiver of such term or any other term, and Lokalise’s failure to assert any right or provision under the Agreements shall not constitute a waiver of such right or provision.

GENERAL CONSENT TO PII TRANSFER

General Consent to PII transfer

By accepting these Terms of Use, you hereby consent to the Lokalise Privacy Policy and to the processing and transfer of your personal information to Lokalise as set out therein. Lokalise will take all reasonable measures, in accordance with the Privacy Policy, to protect your personal information and to keep it confidential.

You can withdraw a consent by requesting Lokalise to stop the processing of your personal information. This will not affect the legitimacy of the personal information processing that took place prior to the withdrawal of your consent. You are able to withdraw the consent at any time by sending an email to privacy@lokalise.com 

DMCA NOTICE

Since we respect content owner rights, it is Lokalise’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Academy, please notify Lokalise’s copyright agent as set forth in the DMCA. 

For your complaint to be valid under the DMCA, you must provide the following information in writing:

  • An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
  • Identification of the copyrighted work that you claim has been infringed;
  • Identification of the material that is claimed to be infringing and where it is located on the Academy;
  • Information reasonably sufficient to permit Lokalise to contact you, such as your address, telephone number, and, e-mail address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
  • A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:

Attn: DMCA Notice
Lokalise Inc.
Address: 3500 South DuPont Highway, 
Suite BZ-101, Dover,
DE 19901, USA
Email: legal@lokalise.com

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying Lokalise and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Lokalise’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Lokalise has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Lokalise may also at its sole discretion limit access to the Academy and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you think your copyright is being infringed, follow these steps, and we’ll do our best to do something about it.

CONTACT INFORMATION

Please Contact us at legal@lokalise.com with any questions regarding the Agreements.