The Bliu Bliu website (“Website”) and related services (together with the Website, the “Service”) are operated by Bliu Bliu, Jsc. (“Bliu Bliu,” “us,” or “we”). Access and use of the Service is subject to the following Terms and Conditions of Service (“Terms and Conditions”). 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. Bliu Bliu may amend, update or change these Terms and Conditions. If we do this, we will post a notice that we have made changes to these Terms and Conditions on the Website 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. Any revisions to these Terms and Conditions will become effective the earlier of (i) the end of such 7-day period or (ii) the first time you access or use the Service after such changes. If you do not agree to abide by these Terms and Conditions, you are not authorized to use, access or participate in the Service.2. Description of Website and Service
The Service allows users to (i) learn or practice a language and (ii) submit, aggregate or modify content for other users to learn with. Users interested in learning or practicing a language are presented with different types of educational activities; users interested in helping other users to learn languages are presented with different types of activities related to content and learning tools creation and modification. While they perform these activities, they also generate valuable data to benefit other users. Users may do so only if they comply with requirements set forth in these Terms and Conditions concerning the material submitted. Bliu Bliu 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.3. Registration; Submission of Material
In connection with registering for and using the Service, you agree (i) to provide accurate, current and complete information about you and/or your organization as requested by Bliu Bliu; (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) to maintain and promptly update any registration information you provide to Bliu Bliu, to keep such information accurate, current and complete; and (iv) to be fully responsible for all use of your account and for any actions that take place through your account.
Any material you submit for other students to learn with will be your original work or material owned by you. You will not submit any other type of material. The Service is not intended to use confidential or sensitive material and you agree not to submit material that include any such information. By submitting material to the Service, you grant us a fully paid up, worldwide license to use the material in connection with the operation of the Service and agree that, among other things, this license will allow us to (i) create further modifications that are derivative works of the material, (ii) disclose part or all of the material and any modifications to one or more users of the Service in connection with their use of the Services and (iii) make the material and any modified materials available on the Service as a teaching tool, to promote the service or for other purposes in connection with our operation of the Service. This means that all or part of your submission and any derivative material may be indexed and available on search engines such as Google and Firefox. You understand that other Users will have access to material you submit and that neither they or Bliu Bliu have any obligation to you or anyone else to maintain the confidentiality of such material.4. Your Representations and Warranties
You represent and warrant to Bliu Bliu 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 Lithuania 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. You further represent and warrant that you have created or own any material you submit for translation and that you have the right to grant us a license to use that material as set forth in Section 3.5. Inappropriate Use
You will not upload, display or otherwise provide on or through the Service any content that: (i) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights); or (ii) in Bliu Bliu’s sole judgment, is objectionable or which restricts or inhibits any other person from using the Service or which may expose Bliu Bliu or its users to any harm or liability of any kind.6. Indemnification of Bliu Bliu
You agree to defend, indemnify and hold harmless Bliu Bliu 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 (as part of these Terms and Conditions or otherwise), 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.7. NO REPRESENTATIONS OR WARRANTIES
THE SERVICE, INCLUDING ALL IMAGES, AUDIO FILES AND OTHER CONTENT THEREIN, AND ANY OTHER INFORMATION, PROPERTY AND RIGHTS GRANTED OR PROVIDED TO YOU BY Bliu Bliu ARE PROVIDED TO YOU ON AN “AS IS” BASIS. BLIU BLIU 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. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BLIU BLIU 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. 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. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.8. LIMITATION ON TYPES OF DAMAGES/LIMITATION OF LIABILITY
IN NO EVENT WILL BLIU BLIU BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY) 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 BLIU BLIU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BLIU BLIU’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 BLIU BLIU FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.9. Termination
Bliu Bliu 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. You may terminate your Bliu Bliu account at any time by following the instructions available through the Service. The provisions of these Terms and Conditions relating to the protection and enforcement of Bliu Bliu’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.10. Proprietary Rights in Service Content and Activity Data
All content available through the Service, including designs, text, graphics, images, information, software, audio and other files, and their selection and arrangement (the "Service Content"), are the proprietary property of Bliu Bliu or its licensors. 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. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Service Content. As between you and Bliu Bliu, all data and information generated from your access and use of the educational activities made available on or through the Service, including translated content generated by you (collectively, the “Activity Data”), shall be exclusively owned by Bliu Bliu, and you shall not have any right to use such Activity Data except as expressly authorized by these Terms and Conditions. Activity Data will not include material you submit for translation or any resulting translation. By using the Service, you hereby assign to Bliu Bliu any and all rights, title and interest, including any intellectual property rights or proprietary rights, in the Activity Data. All rights of Bliu Bliu or its licensors that are not expressly granted in these Terms and Conditions are reserved to Bliu Bliu and its licensors.11. Trademarks
“Bliu Bliu” and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or service marks of Bliu Bliu or their respective owners, and certain of them are registered with the United States Patent and Trademark Office. Access and use of the Service does not grant or provide you with the right or license to reproduce or otherwise use the Bliu Bliu name or any Bliu Bliu or third-party trademarks, service marks, graphics or logos.12. Privacy
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 Bliu Bliu pursuant to the Digital Millennium Copyright Act by providing us with the following information in writing:
Please consult your legal counsel for further details or see 17 U.S.C. §512(c)(3). Bliu Bliu’s Agent for Notice of claims of copyright infringement can be reached as follows:
These Terms and Conditions, its subject matter and Bliu Bliu’s and your respective rights under these Terms and Conditions shall be governed by and construed under the laws of Lithuania, excluding the conflict of law provisions of that or any other jurisdiction. Any dispute arising between you and Bliu Bliu will be resolved by binding arbitration. The arbitration shall be conducted by a single arbitrator in Lithuania. 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.15. Language
This agreement was originally written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.16. Bliu Bliu Subscription Plans, Payments and Renewals
Bliu Bliu may offer different subscription plans, and the specific pricing terms applicable to your account may vary depending on promotions, the type of subscription and the term you select at the time of purchase (e.g., monthly or yearly). Our subscription plans renew automatically, as described in more detail below. If you have questions regarding your plan following your purchase, please contact us at firstname.lastname@example.org
If you choose a monthly plan, your Premium Account subscription will run from month to month, and will renew automatically at the end of each monthly period. Payment for the next monthly period will be taken at that time, unless you cancel your Premium Account, which you can do at any time from the “My Account” tab on your Settings page on the Website.
12/6/3 month accounts run for twelve/six/three months respectably from the date on which your Premium Account is activated, and your subscription will renew automatically at the end of that twelve/six/three month period, unless you choose to cancel your Premium Account, which you can do from the “My Account” tab on your Settings page on the Website.
The expiry date of your Premium Account is also displayed under the “My Account” tab on your Settings page, so you can keep track of your subscription.
If you wish to change from monthly to three/six/twelve month plan, you may do so at any time within the “My Account” tab. Your newly changed subscription will start after your payment has been processed and your new plan will be activated immediately, irrespective of any remaining time on your previous monthly plan.
If you wish to change from twelve/six/three months plan to monthly plan (or from one non-monthly to other non-monthly plan), you may also do so at any time within the “My Account” tab. Your new subscription plan will start after your payment has been processed and your new plan will be activated immediately and you will start being charged once the remaining time on your previous plan has finished.
By providing payment information to us, you agree that the payment information is valid and (1) in your name or (2) in the name of an individual who has authorized you to use their payment information for your subscription purchase. If you provide someone else’s payment information, you agree that we may refund payment to that person if they so request and if the account is eligible for a refund under this Payment Policy. This may cause interruption to or termination of your Bliu Bliu service.
Bliu Bliu subscriptions made online at bliubliu.com offer a 30 day, 100% money back guarantee. You may receive a refund by contacting us within 30 days of your purchase. After that 30 day window, we will not provide a refund. We do not prorate refunds or offer partial refunds, and we do not offer refunds for monthly subscriptions.
Under European law you also have a legal right to withdraw from your purchase of a Premium Account within fourteen days of your purchase, as set out below:
Instructions on withdrawal: you have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (Bliu Bliu, UAB, 2-203 Pylimo St, Vilnius, Lithuania email@example.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
Following receipt of your notice of withdrawal, we will downgrade your Premium Account to a free account. If you wish to delete your account altogether, you can do this from your Settings page on the Website.
We may occasionally need to change the features of our Premium Accounts and/or change the prices charged for these accounts. In the event of any increase in the price or material reduction in the features of any Premium Account to which you subscribe, we will communicate these change(s) to you at least four weeks in advance and the changes will only take effect with respect to any subsequent renewal of your subscription.19. Miscellaneous
These Terms and Conditions constitute the entire agreement between Bliu Bliu and you concerning the subject matter hereof. 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. A waiver by Bliu Bliu 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. Bliu Bliu may assign its rights or obligations under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of Bliu Bliu and you, and Bliu Bliu’s and your respective successors and permitted assigns.20. Last revised on November 7th, 2014