Terms of Service
Welcome to Benego.com (the "Site"). This Agreement known as the Terms of Service Agreement governs your access to and use of the Site. The Benego service and website (collectively, "Benego" or "the Service") are operated by eLanguage, LLC ("the Company"). By accessing or using our web site at www.benego.com, you (the "User") signify that you have read, understand and agree to be bound by these Terms of Service ("Terms of Service" or "Agreement"), whether or not you are a registered member of Benego.com.
We reserve the right, at our sole discretion, to modify, add, or delete portions of these Terms of Service at any time without further notice. The date these terms were last revised will be located on the bottom of this page. Your use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Service and to review such changes.
THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. PLEASE READ THIS AGREEMENT CAREFULLY.
This Site is intended solely for users who are thirteen (13) years of age or older. Accessing the Site by anyone under 13 is unauthorized and in violation of these Terms of Service. As a condition of your access to and use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by the Agreement. Use of the Site is for your personal and non-commercial use, and eLanguage, LLC does not grant you any express or implied rights to access or use the Site for any other purpose. By using the Service or the Site, you represent and warrant that you are 13 or older and that you agree to and to abide by all of the terms and conditions of this Agreement.
This Agreement shall remain in full force and effect while you use Benego.com or are a registered member (“Member”). You or the Company may terminate your Membership at any time, without warning. After Membership is terminated, this Agreement will remain in effect.
To become a Benego.com member, you need to register with Benego.com. When registering, you must enter information with true and accurate information about yourself as required in the sign up page. eLanguage, LLC has the right to suspend or terminate your account and refuse any and all current or future use of its service if it suspects that such information is untrue, inaccurate, not current or misleading.
You will never be charged without your prior knowledge and explicit consent.
You are responsible for maintaining the confidentiality of your password and account information. You agree to immediately notify Company of any unauthorized use of your password or username or any other breach of security.
You agree that Company has no responsibility or liability for the deletion or failure to store any phrases, translations comments, or other uploaded content maintained or transmitted by Benego.com. You acknowledge that Company reserves the right to deactivate accounts that are inactive for an extended period of time. You further acknowledge that Company reserves the right to modify these general practices and limits from time to time.
9. Intellectual Property Rights
All copyright rights in the text, images, designs, graphics, user interface, and other content provided on the Site, and the selection, coordination, and arrangement of such content ("Content"), are owned by eLanguage, LLC or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Any reproduction, copying, or redistribution of the Content for commercial purposes is strictly prohibited without Company’s prior written consent.
All rights in the product names, company names, trade names, logos, and designs of all Benego.com, eLanguage, LLC or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to eLanguage, LLC or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Site confers on you any license or right under any patent or trademark of eLanguage, LLC or any third party.
Requests for permission to reproduce any Content or trademark or service mark must be made in writing to eLanguage, LLC.
10. User Content and Communications
Except as otherwise expressly provided herein or in the Privacy Statement posted, any communication or material you transmit to the Site including but not limited to phrases, translations, audio content, questions, comments, suggestions, and the like or any other communication and will be treated as non-confidential and non-proprietary and may be used by the Company, its affiliates or related partners for any purpose. You agree that eLanguage, LLC, its affiliates or related partners shall be free in perpetuity to copy, disclose, distribute, incorporate, and otherwise use such information and all data, images, sounds, text and other materials embodied therein for any and all commercial or non-commercial purposes. No compensation will be paid with respect to the use of this information.
You agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Site that: (a) is copyrighted, unless you are the copyright owner or infringes on any other intellectual property rights of others; (b) is obscene, libelous, threatening, abusive, hateful, sexually-explicit, or embarrassing to any other person or entity as determined by Company in its sole discretion; (c) is illegal or otherwise objectionable; (d) constitutes advertisements or solicitations of business or other commercial activities; or (e) contains viruses, Trojan horses, worms, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
By using this site, you understand and agree that Company may exercise its legal rights under the Agreement, or otherwise to protect the rights and property of Company or any third party.
11. Export Controls.
Software available in connection with Benego.com is further subject to United States export controls. No Software may be downloaded from the Site or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
12. Acceptance of Terms
1. Electronic Signature. This Agreement is an electronic contract that governs your use of and access to the Site. By accessing the Site you accept these terms, and have created an electronic signature that has the same legal force and effect as a handwritten signature.
13. Disclaimer of Warranties
THE SITE IS PROVIDED "AS IS." ELANGUAGE, LLC MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THE SITE OTHER CONTENT THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE
ELANGUAGE, LLC MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; OR (d) THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND ELANGUAGE, LLC DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES.
14. Limitation of Liability
IN NO EVENT WILL ELANGUAGE, LLC OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITE OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH USE OF THE SITE, YOU RELEASE ELANGUAGE, LLC FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.
These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if eLanguage, LLC has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, eLanguage’s liability in such jurisdictions shall be limited to the extent permitted by law.
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site (including without limitation through the Share Service), your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.
16. Choice of Law and Forum
The Agreement is subject to the laws of the State of California. If there is any dispute between us concerning the Agreement or your access to or use of the Site, we both agree to submit the dispute to non-binding mediation, followed by binding arbitration. Both the mediation and the arbitration will be governed under the rules of the American Arbitration Association.
Company reserves the right, in its sole discretion, to terminate your access to and use of the Site, with or without notice. Otherwise applicable sections of the Agreement shall survive termination.
18. No Waiver
The failure of Company to enforce any provisions of the Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of the Agreement or to act with respect to similar breaches.
Electronic notices can be sent to firstname.lastname@example.org. All physical notices can be delivered to
926A Diablo Ave. #202
Novato, CA 94947
You agree that no joint venture, partnership, employment, or agency relationship exists between you and eLanguage, LLC as a result of the Agreement or your access to and use of the Site. A printed version of the Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Unless otherwise specified herein, the Agreement constitutes the entire agreement between you and eLanguage, LLC and governs your use of the Site. If any portion of the Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
Revision Date January 11, 2012
Copyright © 2011-2012 eLanguage, LLC. All rights reserved.