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skyscanner may in its absolute discretion immediately terminate any agreement with you under these terms at any time upon notice to you and/or , if you have a log-in account , by cancelling your membership and your access to your account .
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skyscanner may suspend your use of the skyscanner services and/or skyscanner platforms without notice at any time , without incurring any liability to you whatsoever .
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you acknowledge that your unauthorised use of the skyscanner services and/or skyscanner platforms may result in irreparable damage and injury to skyscanner and/or its affiliates or licensors for which money damages would be inadequate .
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consequently , in the event of such unauthorised use , we and our affiliates and/or licensors -lrb- as applicable -rrb- shall have the right , in addition to any other legal remedies available , to seek an immediate injunction against you prohibiting any further use of the skyscanner services and/or skyscanner platforms .
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the invalidity or unenforceability of any provision -lrb- in whole or part -rrb- of these terms shall not affect the validity or enforceability of the remaining provisions -lrb- in whole or part -rrb- .
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the whole or part of any provision which is held by a court of competent jurisdiction to be invalid or unenforceable shall be deemed deleted from these terms .
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these terms are personal to you .
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you shall not be entitled to assign these terms in whole or in part to any third party without our prior written consent .
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these terms represent the entire agreement between us and you and supersede and replace all and any previous terms , conditions , agreements and arrangements in respect of your use of the skyscanner services and/or skyscanner platforms .
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we will act promptly to any indications of user content that is in breach of these terms .
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where you know of or suspect any illegal activities , or know of or suspect that works belonging to you have been infringed , please write to us at the address provided below marked for the attention of our ` general counsel ' .
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any failure by us to enforce any of these terms shall not be considered to be a waiver of them or the right to subsequently enforce any of these terms .
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a person who is not a party to these terms shall have no right to enforce any provision of these terms .
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irrespective of the country from which you access or use the skyscanner services and/or skyscanner platforms , to the extent permitted by law these terms and your use of the skyscanner services and/or skyscanner platforms shall be governed in accordance with the laws of england and wales and you are deemed to have submitted to the non-exclusive jurisdiction of the courts of england and wales to resolve any disputes which may arise hereunder .
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if you require further information about skyscanner or have any suggestions concerning how to improve the skyscanner services and/or skyscanner platforms , please contact us here .
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alternatively , you can write to us at quartermile one , 15 lauriston place , edinburgh eh3 9en marked for the attention of our ` general counsel ' .
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duolingo websites -lrb- `` websites '' -rrb- and mobile applications , including the tinycards application -lrb- `` apps '' -rrb- and related services -lrb- together with the websites , the `` service '' -rrb- , including our language proficiency testing services -lrb- the `` duolingo english test '' -rrb- are operated by duolingo , inc. -lrb- `` duolingo , '' `` us , '' or `` we '' -rrb- .
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access and use of the service is subject to the following terms and conditions of service -lrb- `` terms and conditions '' -rrb- .
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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 .
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duolingo may amend , update or change these terms and conditions .
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if we do this , we will post a notice that we have made changes to these terms and conditions on the websites for at least 7 days after the changes are posted and will indicate at the bottom of the terms and conditions the date these terms were last revised .
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any revisions to these terms and conditions will become effective the earlier of -lrb- i -rrb- the end of such 7-day period or -lrb- ii -rrb- the first time you access or use the service after such changes .
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if you do not agree to abide by these terms and conditions , you are not authorized to use , access or participate in the service .
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please note that these terms and conditions contain a mandatory arbitration of disputes provision that requires the use of arbitration on an individual basis to resolve disputes in certain circumstances , rather than jury trials or class action lawsuits .
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view these terms in `` governing law and arbitration '' below .
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the service allows users to access and use a variety of educational services , including learning or practicing a language , taking examinations in the duolingo english test , and creating and viewing flashcards on the tinycards app .
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duolingo may , in its sole discretion and at any time , update , change , suspend , make improvements to or discontinue any aspect of the service , temporarily or permanently .
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in connection with registering for and using the service , you agree -lrb- i -rrb- to provide accurate , current and complete information about you and/or your organization as requested by duolingo ; -lrb- ii -rrb- to maintain the confidentiality of your password and other information related to the security of your account ; -lrb- iii -rrb- to maintain and promptly update any registration information you provide to duolingo , to keep such information accurate , current and complete ; and -lrb- iv -rrb- to be fully responsible for all use of your account and for any actions that take place through your account .
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if you are or become a course contributor , you may offer to translate or have translated certain existing courses into other languages and you may offer to contribute new courses to the service , as agreed between you and duolingo on a case-by-case basis .
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subject to any guidelines posted on the service , you may perform any such translations or create any such courses in accordance with your own schedule and using your own facilities and resources .
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you are not required to become a course contributor and you may cease your activities as a course contributor at any time .
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you acknowledge that you do not desire and will not receive compensation for your activities as a course contributor or for our use of any course contributor materials -lrb- as defined below -rrb- you submit .
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any translation of an existing duolingo course you submit or have submitted and any new language course you submit or have submitted as a course contributor -lrb- collectively , `` course contributor materials '' -rrb- are owned by you -lrb- subject of course to us retaining ownership of the existing duolingo course you translated -rrb- .
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by submitting any course contributor material , you grant us a fully paid up , royalty-free , perpetual , sublicensable license to reproduce , display , perform , modify , create derivative works of , distribute and otherwise use such course contributor material in any manner .
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as a condition of submitting any ratings , reviews , information , data , text , photographs , audio clips , audiovisual works , translations , flashcards or other materials on the services -lrb- `` content '' -rrb- , you hereby grant to duolingo a royalty free , perpetual , irrevocable , worldwide , nonexclusive , transferable , and sublicensable license to use , reproduce , copy , adapt , modify , merge , distribute , publicly display , create derivative works from , incorporate such content into other works ; sublicense through multiple tiers the content , and acknowledge that this license can not be terminated by you once your content is submitted to the services .
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you represent that you own or have secured all legal rights necessary for the content submitted by you to be used by you , duolingo , and others as described and otherwise contemplated in these terms and conditions .
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you understand that other users will have access to the content and that neither they or duolingo have any obligation to you or anyone else to maintain the confidentiality of the content .
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you represent and warrant to duolingo that your access and use of the service will be in accordance with these terms and conditions and with all applicable laws , rules and regulations of the united states and any other relevant jurisdiction , including those regarding online conduct or acceptable content , and those regarding the transmission of data or information exported from the united states and/or the jurisdiction in which you reside .
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you further represent and warrant that you have created or own any material you submit via the service -lrb- including translation materials , course contributor materials , activity materials , and content -rrb- and that you have the right , as applicable , to grant us a license to use that material as set forth above or the right to assign that material to us as set forth below .
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if you register with the duolingo english test , you further represent and warrant that the identification materials you submit to duolingo are true and accurate representations of legal identification documents , issued to you by a government entity in accordance with local laws , and that you are registering for the duolingo english test for the express purpose of taking a language examination .
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you further represent and warrant that you will carefully safeguard your password , user name , and account information , will not share your password or user name with any third party , and will not allow any third party to access your duolingo english test account for any purpose .
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you represent and warrant that -lrb- 1 -rrb- you are not organized under the laws of , operating from , or otherwise ordinarily resident in a country or territory that is the target or comprehensive u.s. economic or trade sanctions -lrb- i.e. , an embargo -rrb- or -lrb- 2 -rrb- identified on a list of prohibited or restricted persons , such as the u.s. treasury department 's list of specially designated nationals and blocked persons , or -lrb- 3 -rrb- otherwise the target of u.s. sanctions .
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you will not upload , display or otherwise provide on or through the service any content that : -lrb- i -rrb- is libelous , defamatory , abusive , threatening , harassing , hateful , offensive or otherwise violates any law or infringes upon the right of any third party -lrb- including copyright , trademark , privacy , publicity or other personal or proprietary rights -rrb- ; or -lrb- ii -rrb- in duolingo 's sole judgment , is objectionable or which restricts or inhibits any other person from using the service or which may expose duolingo or its users to any harm or liability of any kind .
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you will not use the duolingo english test to collect information about our testing process or to develop strategy , guides or other testing preparation material or a similar testing service , and you will not violate any rules applicable to the english test or otherwise cheat or circumvent the applicable procedures when taking an english test .
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you agree to defend , indemnify and hold harmless duolingo and its directors , officers , employees , contractors , agents , suppliers , licensors , successors and assigns , from and against any and all losses , claims , causes of action , obligations , liabilities and damages whatsoever , including attorneys ' fees , arising out of or relating to your access or use of the service , any false representation made to us -lrb- as part of these terms and conditions or otherwise -rrb- , your breach of any of these terms and conditions , or any claim that any translation we provide to you is inaccurate , inappropriate or defective in any way whatsoever .
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subject to the terms of these terms and conditions , duolingo grants you a non-transferable , non-exclusive license to download , install , and use one copy of each app in object code form only on an interactive wireless device that you own or control .
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you may not derive or attempt to derive the source code of all or any portion of any app , permit any third party to derive or attempt to derive such source code , or reverse engineer , decompile , disassemble , or translate any app or any part thereof .
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duolingo and its licensors own and shall retain all intellectual property rights and other rights in and to the apps , and any changes , modifications , or corrections thereto .
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the following terms and conditions apply to you only if you are using the apps from the apple app store .
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to the extent the other terms and conditions of these terms and conditions are less restrictive than , or otherwise conflict with , the terms and conditions of this paragraph , the more restrictive or conflicting terms and conditions in this paragraph apply , but solely with respect to apps from the apple app store .
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you acknowledge and agree that these terms and conditions are solely between you and duolingo , not apple , and that apple has no responsibility for the apps or content thereof .
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your use of any app must comply with the app store terms of service .
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you acknowledge that apple has no obligation whatsoever to furnish any maintenance and support services with respect to the apps .
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in the event of any failure of any app to conform to any applicable warranty , you may notify apple , and apple will refund the purchase price , if any , for the app to you ; to the maximum extent permitted by applicable law , apple will have no other warranty obligation whatsoever with respect to the apps , and any other claims , losses , liabilities , damages , costs or expenses attributable to any failure to conform to any warranty will be solely governed by these terms and conditions .
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you and duolingo acknowledge that apple is not responsible for addressing any claims of you or any third party relating to the apps or your possession and/or use of any app , including , but not limited to : -lrb- i -rrb- product liability claims ; -lrb- ii -rrb- any claim that an app fails to conform to any applicable legal or regulatory requirement ; and -lrb- iii -rrb- claims arising under consumer protection or similar legislation .
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you and duolingo acknowledge that , in the event of any third-party claim that any app or your possession and use of that app infringes that third party 's intellectual property rights , duolingo , not apple , will be solely responsible for the investigation , defense , settlement and discharge of any such intellectual property infringement claim to the extent required by these terms and conditions .
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you must comply with applicable third party terms of agreement when using any app .
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you and duolingo acknowledge and agree that apple , and apple 's subsidiaries , are third party beneficiaries of these terms and conditions as they relate to your license of the apps , and that , upon your acceptance of these terms and conditions , apple will have the right -lrb- and will be deemed to have accepted the right -rrb- to enforce these terms and conditions against you as a third party beneficiary thereof .
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if you purchase an auto-renewing periodic subscription through the service , your duolingo account will be billed continuously for the subscription until you terminate it as set forth below .
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after your initial subscription period , and again after any subsequent subscription period , your subscription will automatically renew for an additional equivalent period .
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if you do not wish your subscription to renew automatically , or if you want to change or terminate your subscription , you will need to log in to your duolingo account and follow instructions to terminate or change your subscription , even if you have deleted your account .
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in the service , you may purchase , with `` real world '' money , a limited , personal , non-transferable , non-sublicensable , revocable license to use -lrb- a -rrb- `` virtual currency , '' including but not limited to virtual gems , solely for use in the service , and -lrb- b -rrb- `` virtual in-app items '' -lrb- together with `` virtual currency , '' `` virtual items '' -rrb- .
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you are allowed to purchase virtual items through the service , and not in any other way .
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duolingo may manage , regulate , control , modify , or eliminate virtual items at any time , with or without notice .
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duolingo may update the pricing of virtual items at any time in its sole discretion , and may add new virtual items for additional fees .
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duolingo shall have no liability to you or any third party in the event that duolingo exercises any such rights .
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the transfer of virtual items is prohibited except where expressly authorized in the service .
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other than as expressly authorized in the service , you shall not sell , redeem or otherwise transfer virtual items to any person or entity , including but not limited to company , another user , or any third party .
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you agree to pay all fees and applicable taxes incurred by you or anyone using a duolingo account registered to you .
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duolingo may revise the pricing for the goods and services offered through the service at any time .
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all information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the service must be accurate , complete , and current .
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you agree to pay all charges incurred by users of your credit card , debit card , or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the service at the prices in effect when such charges are incurred .
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you will pay any applicable taxes , if any , relating to any such purchases , transactions or other monetary transaction interactions .
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all financial transactions made in connection with the service will be processed by a third party in accordance with their respective terms of use , privacy policy , and/or any applicable payment terms and conditions .
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we encourage you to learn about the practices of such third party .
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in no event will duolingo be responsible for the actions or inactions of any third party payment processor , including , but not limited to , system downtime or payment service outages .
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in the event that duolingo suspends or terminates your use of the service or these terms and conditions or you close your account voluntarily , you understand and agree that you will receive no refund or exchange of any kind , including for any unused virtual currency or other virtual item , any content or data associated with your use of the service , or for anything else .
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in the event of a test issue -lrb- described below -rrb- , duolingo will , at its option , either -lrb- a -rrb- provide the user with a refund for the affected test , or -lrb- b -rrb- use reasonable efforts to resolve the test issue .
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for purposes of this section , `` test issue '' means : -lrb- i -rrb- the inability to complete the test due to a failure in the websites or the apps , or -lrb- ii -rrb- test results are delivered more than 48 hours after the test is completed .
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whether an issue constitutes a test issue will be determined by duolingo in its reasonable discretion .
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for clarity , termination or suspension of your account or certain activities on the service that results from a violation of section 5 regarding the english test rules and procedures does not constitute a `` test issue '' and will not result in a refund .
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the amount of any refund will depend on the nature of the test issue and will not exceed the total amount actually paid by the user for the affected test .
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to submit a valid claim for a refund , a user must -lrb- a -rrb- submit the test issue in writing to duolingo within 24 hours after the test issue occurs , and respond to duolingo 's requests for information or cooperation , -lrb- b -rrb- not have directly or indirectly caused the test issue , and -lrb- c -rrb- have met all test requirements when taking the test prior to making a claim for a test issue .
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third-party links , sites , and services
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the service may contain links to third-party websites , advertisers , services , special offers , or other events or activities that are not owned or controlled by duolingo .
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we do not endorse or assume any responsibility for any such third-party sites , information , materials , products , or services .
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if you access any third party website , service , or content from duolingo , you understand that these terms and conditions and our privacy policy do not apply to your use of such sites .
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you expressly acknowledge and agree that duolingo shall not be responsible or liable , directly or indirectly , for any damage or loss arising from your use of any third-party website , service , or content .
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the service may include advertisements , which may be targeted to the content or information on the service , or other information .
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the types and extent of advertising by duolingo on the service are subject to change .
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in consideration for duolingo granting you access to and use of the service , you agree that duolingo and its third party providers and partners may place such advertising in connection with the display of content or information submitted by you or others .
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no representations or warranties by duolingo
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the service , including all images , audio files and other content therein , and any other information , property and rights granted or provided to you by duolingo are provided to you on an `` as is '' basis .
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duolingo and its suppliers make no representations or warranties of any kind with respect to the service , either express or implied , and all such representations and warranties , including warranties of merchantability , fitness for a particular purpose or non-infringement , are expressly disclaimed .
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without limiting the generality of the foregoing , duolingo does not make any representation or warranty of any kind relating to accuracy , service availability , completeness , informational content , error-free operation , results to be obtained from use , or non-infringement .
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access and use of the service may be unavailable during periods of peak demand , system upgrades , malfunctions or scheduled or unscheduled maintenance or for other reasons .
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some jurisdictions do not allow the exclusion of implied warranties , so the above exclusion may not apply to you .
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limitation on types of damages/limitation of liability
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in no event will duolingo be liable to you or any third party claiming through you -lrb- whether based in contract , tort , strict liability or other theory -rrb- for indirect , incidental , special , consequential or exemplary damages arising out of or relating to the access or use of , or the inability to access or use , the service or any portion thereof , including but not limited to the loss of use of the service , inaccurate results , loss of profits , business interruption , or damages stemming from loss or corruption of data or data being rendered inaccurate , the cost of recovering any data , the cost of substitute services or claims by third parties for any damage to computers , software , modems , telephones or other property , even if duolingo has been advised of the possibility of such damages .
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duolingo 's liability to you or any third party claiming through you for any cause whatsoever , and regardless of the form of the action , is limited to the amount paid , if any , by you to duolingo for the service in the 12 months prior to the initial action giving rise to liability .
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