IN THE KNOW TERMS OF SERVICE
Last Updated Date: January 11, 2019
Welcome to IN THE KNOW. IN THE KNOW (“we”, “us”, “our”, or “ITK”) have provided our services to give users like you a platform to find resources, guides, and instructive tools for learning conversational English.
Users can access our mobile application (the “App”) and any one of our websites (collectively, the “Site”). Our App, Site, including any information, content, applications, products, and services we provide to our users are referenced here together as the “Services”.
You should read the following terms of service (these “Terms”) carefully. Because these Terms must cover a wide variety of important topics, including user privacy, your use of the Services may be subject to supplemental terms and conditions in our user policies (each, a “Policy”).
All Policies are a part of our Terms. Please see a list of our current Policies at the end of these Terms. If there is any conflict between the terms and conditions of any Policy and those written here, the terms and conditions of the Policy will govern your use of our Services, but only to the extent of any conflict.
The Terms will govern your access to, and use of, the Services. By using any of our Services, you agree to these Terms as a binding legal agreement between you and us.
1. CHANGES TO THE SITE AND THE TERMS
We may change these Terms from time to time. ITK reserves the right, in our sole discretion, to modify, discontinue, or terminate any part of the Services, or to modify these Terms, at any time without prior notification to you.
If we do modify the Terms, we will post a notification of any changes or modifications to these Terms on our App, the Site, your email address, or to the mobile phone number you use to register an ITK account. Your standard mobile carrier rates for any SMS/text notices will apply. We will also update the “Last Updated Date” at the top of these Terms.
Except as otherwise stated in these Terms, by continuing to use or access the Services after we have provided you with notification of changes to our Terms, you agree to be bound by the modified Terms. If you do not agree with our Terms, you should not use our Services.
In order to access certain features of the Services, you may be required to register to create an account (your “Account”) as a “Registered User”.
Registration for the Services, and use of many of our resources is free. However, we reserve the right to charge fees for providing certain services. We reserve the right to change or discontinue some or all of our Services fees, on a permanent or temporary basis in our sole discretion. If we change our terms regarding fees, we will post notice to you about those changes and when they will go into effect.
You must be at least 13 years of age to be a Registered User. If you are not at least 13 years old, your Account will be void. By completing the registration process to create an Account, you represent and warrant that you are at least 13 years old, and that any required registration information you provide is true, accurate, complete, and current.
We reserve the right to suspend or terminate your Account, or any part of it (such as a username) for any reason within our sole discretion, including but not limited to, providing us with false, inaccurate, incomplete, or outdated registration information. You are responsible for updating your Account’s registration information to keep it true, accurate, complete, and current.
Do not disclose your passwords to any third-parties. You are responsible for maintaining the security of your passwords. You are solely responsible for your Account and all activity or actions that take place in connection with your Account, whether or not you have authorized them.
If you know or suspect there has been any unauthorized use of your Account, you should report the incident to us immediately by email at firstname.lastname@example.org, or contacting ITK support from any functionality we provide through the App.
3. PRIVACY AND PERSONAL INFORMATION
4. SOCIAL NETWORKING
If you are a user of third-party social networking or media services or platforms provided by Facebook®, Google®, Twitter®, or a similar provider (each, an “SNS”), you may provide a means to register for your Account using your SNS credentials. Depending on the platform, you may also link your ITK Account with your SNS accounts.
If we do provide a means to connection your SNS with an ITK Account, and you choose to use your SNS account to register, we may collect personal information such as your name, profile picture, email address which you provided to the SNS, and any other information you make publicly available about yourself through the SNS. We may use any of your SNS account information as part of your Account information, as well as to log you into parts of our App or the Site.
Be advised that any information we collect from an SNS will depend on the privacy settings you set with the SNS. Your ability to connect your Account with an SNS will depend on their terms and conditions of service. Your relationship with any SNS will be governed by their terms and conditions of service.
5. CONTENT ON THE SITE
Your License. By becoming a Registered User, we grant you a limited, non-exclusive, non-transferable, non-sublicenseable, license to access, view, and print any text, graphics, images, software, audio, video, and other information (“Content”) available through the Services solely for your personal and non-commercial purposes.
Because all of the Content on our App, Site and Services belongs to us, or the Content’s original owners, you may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display or perform, transmit, or otherwise exploit any part of the Services or the Content accessible through the Services, except as expressly permitted in these Terms. You receive no other rights or licenses to the Services or Content except as expressly granted in these Terms.
Your Content. You are the owner of all Content and information you post through the App, the Site, or make available to us or other users of the Services.
However, in order to operate our App and Site and to provide the Services, we need your permission to use your Content. By becoming a Registered User, you grant us a worldwide, non-exclusive, transferable, sublicenseable, and royalty-free license to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display or perform, transmit, and otherwise use or exploit any Content you post, upload, publish, submit, or transmit to any part of the App, Site or through the Services (your “User Content”).
Except in regards to your Feedback (defined below) to us, we will not have or claim any ownership rights in any of your User Content, and nothing in these Terms restricts any rights that you may have to use or exploit your User Content. You are solely responsible for all User Content that you make available through the Services. By submitting any Content through the Services, you represent and warrant that: (a) you are the owner of the Content, or that you have all necessary rights, licenses, consents, or permissions to submit the Content, and to grant the licenses to us and other users under these Terms; and (b) your, our, or other users’ use of your Content will not infringe or violate any third-party’s intellectual property right or right of publicity or privacy, or otherwise violate applicable law.
By making any of your User Content available to other users, you acknowledge that you are allowing those users, the same rights to access and use your Content as you have to theirs.
Our license to your User Content will terminate when you delete, or request us to disable access to, your User Content, or when your Account is terminated. Keep in mind however that deleted or disabled User Content may persist in backup or cached copy form, but will be inaccessible to others on our systems for a reasonable period of time.
Links. Parts of the Services or Content provided by other users may contain links to third-party websites, services, or resources which we do not own or control. While we try our best to provide you with the most up-to-date and accurate information as possible to you, we cannot guarantee the information we receive from third-parties is complete, accurate, or updated.
For that reason, we will not be responsible or liable for (a) the availability or accuracy of third-party websites or resources; or (b) the Content, products, or services on or available from third-party websites or resources. Any links to third-party websites or resources provided by us are for your information and convenience only, and does not imply that we endorse or guarantee those websites, services, or resources, or the Content, products, or services available therein are correct, accurate, or error-free. You agree that it is your sole responsibility to verify the accuracy of any third-party website or resources linked through the Services, or their Content, and that you assume all risk arising from your use of any such websites or resources.
If you have reason to believe any third-party material that is linked to our Site or Services is incomplete, inaccurate, outdated, or is otherwise in error, please contact us at , or through the App with your notice as soon as possible.
If you volunteer any feedback, comments, suggestions for improvements (“Feedback”) to us for any part of our Services, you can submit the Feedback to us at email@example.com.
Any Feedback you give to us, including any Content you include with the Feedback, will become our sole and exclusive property. By submitting any Feedback to us, you irrevocably assign to us all of your right, title, and interest in and to the Feedback (including any Content you include with the Feedback), including but not limited to, all worldwide patent rights, copyright rights, trademark rights, trade secret rights, and other proprietary or intellectual property rights therein.
You agree that you will cooperate at our sole cost and expense, to assist us to acquire, perfect, and maintain our intellectual property rights and other legal protections for the Feedback, and that you understand you will not be entitled to any compensation for volunteering Feedback to us.
7. COPYRIGHT & INTELLECTUAL PROPERTY POLICY
We respect the intellectual property rights of our users and third-parties. We expect you to do the same.
We have adopted a policy to terminate, in appropriate circumstances, users who are repeat infringers.
Please see our Copyright & Intellectual Property Policy below, also available directly at www.intheknow-app.com/copyright for more information about how we protect intellectual property available through the Services.
8. ALL RIGHTS RESERVED
The App, Site, Services, and all Content made available to you are protected by the patent, copyright, trademark, and other intellectual property laws of the United States and other countries where we operate.
Except as otherwise stated in these Terms, we own all right, title, and interest in and to the App, Site and Services, including all associated intellectual property rights.
All copyrighted material, trademarks, logos, service marks, trade names, company names or product names displayed through the Site and Services are the property of ITK, or their respective owners.
You may not remove, alter, or obscure any notice of copyright, trademark, or other proprietary right which are included or placed within the App, Site, Services, or any Content found therein. Except as otherwise permitted in these Terms or applicable law, you may not use any Content, trademark, logo, service mark, trade name, company name, product name, or domain name without the owner’s express, prior consent.
9. OUR RULES OF ACCEPTABLE USE
There are specific rules you must follow (these “Rules of Acceptable Use”) as a user. You agree that you will not do any of the following:
create more than one personal account;
provide false, fraudulent or misleading registration information for an account;
impersonate or falsely, fraudulently, or misleadingly claim affiliation or association with any person or entity, including us and other users of the Services;
use our Site or Services if you are under the age of 13;
create or use any account for commercial gain or for commercial purposes without our prior authorization;
allow any third-party to use your account;
use, access, or attempt to use or access any of the Site or Services if we have terminated your account, or suspended or banned you from using the Site or Services;
transfer your account to any other person without our prior, written authorization; or
assist anyone in doing any of the above.
In addition, to protect our Services, and for the safety of all users, you agree that you will not do any of the following:
access, or attempt to access, any portion of the App, Site or Services through the use of any means or mechanisms (including spiders, bots, crawlers, data mining tools and the like) other than the software and functionalities we provide;
use, display, mirror or frame the Site or Services in any way which bypasses our architecture and layout of the Site or Services;
access, tamper with, or use non-public or restricted areas of the Site, our systems, or the technical delivery systems of us or our service providers;
attempt to probe, scan, or test the vulnerability of any our systems or networks or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological security measure we, our service providers, or other users implement to protect the Site, Services or the Content found therein;
attempt to copy, modify, create a derivative work of, decipher, decompile, disassemble or reverse engineer any of the software, source code, or systems used to provide the Site, Services, or the Content found therein;
interfere with, or attempt to interfere with, the access of any user, host or network of the Services, including but not limited to, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or our systems;
send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other forms of solicitation;
engage in any illegal or unlawful conduct in connection with our Services, including but not limited to, pyramid schemes
use the Site or the Content found therein for any commercial purpose or for the benefit of any third-party or in any manner not permitted by these Terms;
Engaging in any other conduct which is reasonably likely to damage our business operations, reputation, or goodwill; or
assist anyone in doing any of the above.
Our mission is to provide a safe, educational, and constructive environment for all of our users. For that reason, our Rules of Acceptable Use includes a special policy called our “Community Guidelines Policy”, linked below, to govern how we expect you to engage and interact with us and other users of the Services.
We reserve the right, but do not have the obligation, to investigate any and all suspected violations of these Rules of Acceptable Use, and to prosecute them to the fullest extent of the law. We may involve, share information with, and cooperate with law enforcement authorities in order to prosecute users who violate these Rules of Acceptable Use.
We reserve the right to immediately suspend or terminate a user’s use or access the Services, or remove or disable access to any Content uploaded, without prior notice, in addition to all other remedies we may have or deem appropriate, if we suspect there has been a violation of these Rules of Acceptable Use.
You may terminate your account at any time by contacting us at firstname.lastname@example.org, or by using the account termination functionality we provide in our App.
We reserve the right to suspend or disable Services, and/or terminate your Account in the event you breach the letter of, or spirit of, any of the Terms, such as the Rules of Acceptable Use, without prior notice to you. If we discontinue or withdraw any Services, we will give you reasonable notice so that you can download or recover any of your affected User Content.
Even if your Account is terminated, you will remain liable for all obligations, and be bound by all provisions of these Terms that should survive your termination, including Sections 3, 5 (regarding “Your Content”), 6-8, and 10-22.
11. DISCLAIMER OF WARRANTIES
While we do our best to make sure our Services are safe, accurate error-free, complete, and available to you, we cannot guarantee that our Site or Services will always be safe, secure, or error-free.
OUR APP, SITE, SERVICES AND ALL CONTENT AVAILABLE THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND YOU USE THEM AT YOUR OWN RISK. WE PROVIDE ALL SERVICES WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, AND TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, INCLUDING ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT ANY PART OF THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY OF ANY PART OF THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.
WE, INCLUDING OUR OWNERS, OFFICERS, EMPLOYEES, AND AGENTS CANNOT BE RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD-PARTIES, AND YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS OF, YOUR INTERACTIONS WITH OTHER USERS OF OUR SERVICES. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING OTHER USERS OR THEIR CONDUCT. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE.
BY AGREEING TO OUR TERMS, YOU RELEASE US, AND OUR OWNERS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
12. LIMITED LIABILITY
IN NO EVENT WILL WE (INCLUDING, FOR THE PURPOSES OF THIS SECTION, OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, AND OWNERS) BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST DATA, LOST PROFITS, OR FOR SERVICE INTERRUPTIONS, HOWEVER ARISING, AND WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, WHICH ARISE OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.
OUR TOTAL AGGREGATE LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS SHALL NOT EXCEED (A) ANY UNDISPUTED AMOUNTS PAID TO US FOR WHICH A CLAIM ARISES; OR (B) ONE HUNDRED DOLLARS, WHICHEVER IS GREATEST.
WE WILL NOT BE LIABLE TO YOU FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH YOUR INABILITY TO USE THE SERVICES OR ANY OTHER PART OF THE SITE OR ANY CONTENT AVAILABLE THEREIN AS A RESULT OF SUSPENSION OR TERMINATION OF YOUR ACCOUNT OR ACCESS TO THE SERVICES, OR FOR ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME, UNAVAILABILITY OR INOPERABILITY OF THE SERVICES FROM ANY CAUSE BEYOND OUR REASONABLE CONTROL.
LIMITATIONS OF LIABILITY OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES MAY NOT APPLY BY LAW WHERE YOU RESIDE, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to defend, indemnify, and hold us (including for the purposes of this section, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, employees, agents, or owners) harmless from any claims, actions, suits, losses, costs, liabilities and expenses, including reasonable attorneys’ fees, relating to, or arising out of, or in any way connected to, your access or use of the Services or any Content available therein, including but not limited to (a) your breach of the Terms, the Rules of Acceptable Use, or any document or policy incorporated by reference into these Terms; (b) your use or misuse of, or access to, the Services or Content available therein; or (c) any third-party website or services which is linked to our Services.Notwithstanding your obligation to indemnify us, we will have sole control of the defense to any claim brought against us, in which case you agree to assist us and cooperate in the defense to the claim.
14. DISPUTES RESOLUTION
You agree to attempt to resolve any dispute, claim, or controversy arising out of, or relating to these Terms, including its breach, interpretation, or validity, or use of the Services (each, a “Dispute”) by informal resolution. You may contact us at email@example.com, or contact us through the App to notify us about any Dispute you may have with us.
15. GOVERNING LAW & JURISDICTION
These Terms and any action arising out of, or related to these Terms will be governed by the laws of the State of California without regard to its conflict of laws provisions. You agree to accept the jurisdiction and venue of the state and federal courts located in the State of California, and each party waives any objection to jurisdiction and venue in such courts. However, if either party seeks injunctive relief to prevent the actual or threatened infringement, misappropriation or violation of its copyrights, trademarks, trade secrets, patents or other intellectual property, such relief may be sought in any court having jurisdiction over the parties.
16. COMPLETE AND ENTIRE AGREEMENT
These Terms constitute the entire and exclusive understanding and agreement between you and us regarding its subject matter, and supersede and replace any and all prior oral or written understandings or agreements between you and us regarding its subject matter.
17. BINDING EFFECT & ASSIGNMENT
These Terms are binding upon and inure to the benefit of the parties, their respective successors and permitted assigns. The rights granted to you under these Terms are personal, and you may not assign or transfer these Terms or your rights or obligations under these Terms, whether by operation of law or otherwise, without our prior written consent. Any purported assignment or delegation in violation of this section will be null and void. We may assign or transfer these Terms or any of our rights, obligations, or licenses under these Terms at any time in our sole discretion, without restriction and without prior notice to you.
Any notice to you which is related to these Terms may be provided by us to the email address you provided when registering your Account. We may also provide you notice via notifications by posting to the Site.
You may provide notice to us by emailing us at firstname.lastname@example.org from the email address you provided when registering your Account, or by using any functionality we may provide for users to contact us through the App.
Any email notices will be effective on the date they are delivered.
Any failure by us to enforce any right or any provision of these Terms will not constitute a waiver of our right to future enforcement of that right or provision. Any waiver by us must be made in writing and signed by a duly authorized representative.
Except as otherwise stated in these Terms, if a court of competent jurisdiction finds that any provision of these Terms, or compliance by any of the parties with any of its provisions, is unlawful or unenforceable, the provision will be modified to the extent required to make it lawful and enforceable and effect the intent of the parties. If such modification is not possible, the unlawful or unenforceable provision will be severed from the Terms and the remaining provisions will remain in full force and effect to the maximum extent consistent with applicable law.
21. QUESTIONS, COMMENTS & SUPPORT
If you have any questions or comments about these Terms or Services, please email ITK support at email@example.com. You can receive our current mailing address and phone number for any questions by emailing support.
22. SPECIAL NOTICES
For Users Outside the United States:
We strive to create a protected community with consistent standards for everyone, but we also respect local laws. The following provisions apply to users and non‐users who interact with us and the Services outside the United States:
You consent to having your personal data transferred to and processed in the United States;
If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you agree that you will not engage in commercial activities through our Services (such as advertising or payments) or operate any application or website in connection with our Services. You may not use our Services if you are prohibited from receiving products, services, or software originating from the United States.
For California Users:
Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at +1 (916) 445-1254 or +1 (800) 952-5210.
OUR POLICIES AND GUIDELINES
Our Terms incorporate the following:
our Copyright & Intellectual Property Policy is located at www.intheknow-app.com/copyright, which governs how we deal with Content that is alleged to infringe any third-party’s rights
our Community Guidelines Policy is located at www.intheknow-app.com/community-guidelines, which governs how we expect and require our users to interact with others