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this is an aggregate limit .
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the existence of more than one claim hereunder will not increase this limit .
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duolingo may terminate your access and use of the service immediately at any time , for any reason , and at such time you will have no further right to use the service .
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you may terminate your duolingo account at any time by following the instructions available through the service .
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the provisions of these terms and conditions relating to the protection and enforcement of duolingo 's proprietary rights , your representations and warranties , disclaimer of representations and warranties , release and indemnities , limitations of liability and types of damages , ownership of data and information , governing law and venue , and miscellaneous provisions shall survive any such termination .
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proprietary rights in service content and activity materials
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all content available through the service , including designs , text , graphics , images , information , software , audio and other files , and their selection and arrangement -lrb- the `` service content '' -rrb- , are the proprietary property of duolingo or its licensors .
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no service content may be modified , copied , distributed , framed , reproduced , republished , downloaded , scraped , displayed , posted , transmitted , or sold in any form or by any means , in whole or in part , other than as expressly permitted in these terms and conditions .
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you may not use any data mining , robots , scraping or similar data gathering or extraction methods to obtain service content .
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as between you and duolingo , all data , information and materials generated from your access and use of the educational activities made available on or through the service , including translated content generated by you -lrb- collectively , the `` activity materials '' -rrb- , shall be exclusively owned by duolingo , and you shall not have any right to use such activity materials except as expressly authorized by these terms and conditions .
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activity materials will not include translation materials .
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by using the service , you hereby assign to duolingo any and all rights , title and interest , including any intellectual property rights or proprietary rights , in the activity materials .
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all rights of duolingo or its licensors that are not expressly granted in these terms and conditions are reserved to duolingo and its licensors .
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`` duolingo , '' `` tinycards '' and all other trademarks , service marks , graphics and logos used in connection with the service are trademarks or service marks of duolingo or their respective owners , and certain of them are registered with the united states patent and trademark office .
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access and use of the service does not grant or provide you with the right or license to reproduce or otherwise use the duolingo name or any duolingo or third-party trademarks , service marks , graphics or logos .
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use of the service is also governed by our privacy policy , a copy of which is located at https://www.duolingo.com/privacy .
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by using the service , you consent to the terms of the privacy policy .
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notice for claims of copyright violations and agent for notice
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if you are a copyright owner and have a good faith belief that any material available through the service infringes upon your copyrights , you may submit a copyright infringement notification to duolingo pursuant to the digital millennium copyright act by providing us with the following information in writing :
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an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest ;
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a description of the copyrighted work that you claim has been infringed ;
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a description of where the material that you claim is infringing is located on the service , with enough detail that we may find it on the service ;
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your address , telephone number , and email address ;
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a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner , its agent , or the law ; and
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a statement by you , made under penalty of perjury , that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner 's behalf .
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please consult your legal counsel for further details or see 17 u.s.c. § 512 -lrb- c -rrb- -lrb- 3 -rrb- .
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duolingo 's agent for notice of claims of copyright infringement can be reached as follows :
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by mail : 5900 penn avenue , pittsburgh pa 15206 , usa
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these terms and conditions , its subject matter and duolingo 's and your respective rights under these terms and conditions , as well as and any claim , cause of action or dispute -lrb- `` claim '' -rrb- arising out of or related to these terms and conditions , shall be governed by and construed under the laws of the commonwealth of pennsylvania , united states of america , excluding the conflict of law provisions of that or any other jurisdiction , regardless of your country of origin or where you access the service .
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any dispute or claim relating in any way to these terms and conditions or the service will be resolved by binding arbitration , rather than in court , except for duolingo 's right to seek injunctive relief as set forth below .
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unless otherwise expressly required by applicable law , each party shall bear its own attorneys ' fees without regard to which party is deemed the prevailing party in the arbitration proceeding .
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if you do not want to arbitrate disputes with duolingo and you are an individual , you may opt out of this arbitration agreement by sending an email to [email protected] within 30 days of the day you first access or use the service .
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if you intend to seek arbitration you must first send written notice to duolingo 's administration office of your intent to arbitrate -lrb- `` notice '' -rrb- .
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the notice to duolingo should be sent by any of the following means : -lrb- i -rrb- electronic mail to [email protected] ; or -lrb- ii -rrb- sending the notice by u.s. postal service certified mail to duolingo , inc. , attention : legal , 5900 penn ave ; pittsburgh , pa 15206 .
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the notice must -lrb- x -rrb- describe the nature and basis of the claim or dispute ; and -lrb- y -rrb- set forth the specific relief sought ; and -lrb- z -rrb- set forth your name , address and contact information .
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if we intend to seek arbitration against you , we will send any notice of dispute to you at the contact information we have for you .
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the arbitration will be conducted before a neutral single arbitrator in the county of allegheny in the commonwealth of pennsylvania , whose decision will be final and binding , and the arbitral proceedings will be governed by the american arbitration association -lrb- `` aaa '' -rrb- under its aaa commercial arbitration rules , consumer due process protocol , and supplementary procedures for resolution of consumer related disputes , as modified by these terms and conditions .
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the aaa 's rules are available at www.adr.org or by calling 1-800-778-7879 .
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all issues are for the arbitrator to decide , including the scope of this arbitration clause , but the arbitrator is bound by the terms of these terms and conditions .
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if you initiate arbitration , your arbitration fees will be limited to the filing fee set forth in the aaa 's consumer arbitration rules .
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we will reimburse all other aaa filing , administration and arbitrator fees paid by you , unless the arbitrator determines that the arbitration was frivolous or brought for an improper purpose , in which case the payment of all such fees shall be governed by the aaa rules .
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the arbitration will be conducted in the english language .
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judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction .
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for any claim where the potential award is reasonably likely to be $ 10,000 or less , either you or duolingo may elect to have the dispute resolved through non-appearance-based arbitration .
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to the fullest extent permitted by applicable law , you and duolingo each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class , consolidated or representative action .
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if for any reason a claim proceeds in court rather than in arbitration , you and duolingo each waive any right to a jury trial .
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if a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable , you and duolingo agree that all claims arising out of or related to these terms and conditions must be resolved exclusively by a state or federal court located in the county of allegheny in the commonwealth of pennsylvania , and you and duolingo each agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating all such claims .
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notwithstanding the above , you agree that duolingo shall still be allowed to apply for and obtain injunctive remedies -lrb- or an equivalent type of urgent legal relief -rrb- in any jurisdiction .
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this agreement was originally written in english -lrb- us -rrb- .
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to the extent any translated version of this agreement conflicts with the english version , the english version controls .
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these terms and conditions constitute the entire agreement between duolingo and you concerning the subject matter hereof .
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in the event that any of the terms and conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable , such provisions shall be limited or eliminated to the minimum extent necessary so that these terms and conditions shall otherwise remain in full force and effect .
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a waiver by duolingo or you of any provision of these terms and conditions or any breach thereof , in any one instance , will not waive such term or condition or any subsequent breach thereof .
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duolingo may assign its rights or obligations under these terms and conditions without condition .
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these terms and conditions will be binding upon and will inure to the benefit of duolingo and you , and duolingo 's and your respective successors and permitted assigns .
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last revised on december 11th , 2017
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true software scandinavia ab -lrb- `` truecaller '' or `` we '' -rrb- offers users -lrb- `` users '' or `` you '' -rrb- global phone community services transacted through various software applications and services , including but not limited to the `` truecaller '' , the `` truedialer '' and the `` truemessenger '' applications .
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these terms of service and the truecaller privacy policy -lrb- the `` terms '' -rrb- will govern your use of truecaller 's software applications , websites , web service api , tools or other services and features provided by truecaller from time to time -lrb- collectively `` services '' -rrb- .
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by accessing or using any of the services , you agree to be bound by these terms .
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where other third party services are made available as part of our services , then the respective third party terms of service and privacy policy shall apply to any such use by you .
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if you are registering with truecaller as a business entity , you represent that you have the authority to legally bind that entity .
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for truecaller sdk and truecaller priority users specific terms apply in accordance with the respective agreements for such services .
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for api users , additional provisions apply in accordance with the api license addendum -lrb- which is incorporated by reference into these terms -rrb- .
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certain features of the services may be subject to additional guidelines , terms or rules , which will be posted in or on the services in connection with such features .
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all such additional terms , guidelines and rules are incorporated by reference into these terms .
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we are firmly committed to the security and protection of personal information of our users , their contacts and the services .
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the truecallerprivacy policy describes how we collect , use , share and process personal information and you acknowledge and agree that truecaller may collect , use , share and process personal information as described therein .
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except as otherwise agreed separately in writing between us or as set forth in the api license addendum and subject to your compliance with these terms at all times , truecaller grants you a personal , non-exclusive , non-transferable and limited right to use the services for your own personal , non-commercial use .
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you are not allowed to use the truecaller services on any device that you do not own or control .
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you may not copy , decompile , reverse engineer , disassemble , attempt to derive the source code of , modify , or create derivative works of the truecaller software applications , any updates , or any part thereof -lrb- except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent expressly permitted by these terms or may be permitted by the licensing terms governing use of any open source components included in the truecaller software applications -rrb- .
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you are not granted any right to use truecaller 's name , trademarks or other commercial symbols .
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all rights not expressly granted to you under these terms shall be retained by truecaller .
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in case you wish to use any part of the services as a part of your own application or modify any part of the services , such use is subject to truecaller 's prior written approval and that you enter into a separate license agreement with truecaller .
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any api , commercial or enterprise use of the services shall be governed by the api license addendum or such other separate agreement as may be required by truecaller .
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truecaller strives to provide adequate and efficient technical support , upgrades and updates for the services .
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truecaller shall , however , not be under any obligation to provide support or maintenance for the services under these terms and reserves the right to limit or discontinue the support , upgrades and updates provided from time to time .
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you guarantee that any information and other content , such as your profile information and information regarding the contacts contained in your device 's phone book , that you may share with truecaller as a user of the services -lrb- together `` content '' -rrb- , to the best of your knowledge , is correct , not in violation of applicable law , will not corrupt or disrupt the services , and that you have the right to share the content with truecaller in order for truecaller to provide the services and share the content with other users .
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except as otherwise agreed separately in writing between us , or as set forth in the api license addendum , you shall not make any commercial use of the services or the content or otherwise transfer for value the services or the content .
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you agree not to challenge truecaller 's rights in , or otherwise attempt to assert any rights in , the services or any content provided by other users , except those rights explicitly granted under these terms .
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you agree to use the services and content only as expressly permitted under these terms .
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you agree not to use the services , content or information to attempt to circumvent the regular operation of the services , or reduce the fees or consideration that we may derive from the services by any means including by creating multiple accounts , redirecting traffic , following other fraudulent or deceptive practices , creating a parallel repository thereof , or seeking to by-pass the services or compete with us .
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scraping of any information contained in the services , including any content and any third party information accessible via the services , is strictly prohibited .
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you may not use the services or the content in any way , which is illegal , harmful , or may be considered offensive by truecaller , other users or third parties .
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you agree not to exploit the services or the content in any unauthorized way whatsoever , including but not limited to , trespassing or burdening network capacity .
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you further agree not to use our services or content in any manner to harass , abuse , stalk , threaten , defame or otherwise infringe or violate the rights of any other party , and you acknowledge and agree that truecaller is not in any way responsible for any such use by you , nor for any harassing , threatening , defamatory , offensive or illegal messages or transmissions that you may receive as a result of using the services .
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notwithstanding any other remedies available to truecaller , you agree that truecaller may suspend or terminate your use of the services without notice if you use the services or the content in any prohibited manner , and that such use will be deemed a material breach of these terms .
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you may contact truecaller at [email protected] to report any violation or infringement of your rights by users of the services .
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the services are protected by copyright laws and international copyright treaties , as well as other intellectual property laws and treaties .
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truecaller and its licensors shall retain ownership in and to the services and to all related intellectual property rights , including without limitation copyrights , trademarks , trade names , database rights and patents .
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you are granted only a limited right to use the services subject to these terms and no intellectual property rights are or will deemed to be transferred or licensed to you except as contemplated herein .
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the swedish authority for press , radio and television -lrb- sw : myndigheten för press , radio och tv -rrb- has issued a publishing certificate -lrb- sw : utgivningsbevis -rrb- for the truecaller database and website -lrb- truecaller , www.truecaller.com -rrb- in accordance with the database rule of the swedish fundamental law on freedom of expression -lrb- sw : 1 kap .
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9 § andra stycket yttrandefrihetsgrundlagen -rrb- .
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such publishing certificate provides for constitutional protection under the swedish fundamental law on freedom of expression for the database , the website and the provision thereof .
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responsible editor is mr. alan mamedi , appointed by true software scandinavia ab .
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any content that is not published by truecaller , i.e. that you or other users post or communicate directly in or on the services , including user information , user profile information , status updates and messages sent via the services may not be previewed by truecaller .
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any such unmoderated content will not be covered by constitutional protection under the swedish fundamental law on freedom of expression as per the paragraph above and truecaller will not be liable for the publication of such content .
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we will indicate any unmoderated or moderated content published in or on the services , for example by using different badges in connection with the publication of such content .
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you are solely liable for any content that you post or communicate directly in or on the services and you agree to only post or communicate content that :
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a. is true and not false or misleading ;
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b. is not likely to be deemed threatening , disparaging , defamatory , pornographic , racially or ethnically offensive , discriminatory , insulting , slanderous or otherwise illegal or inappropriate ;
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