Terms of Use

Smigin is a mobile language learning system (hereinafter referred to as “Smigin”) operated by Smigin LLC under the internet domain Smigin.com.

With any use of Smigin mobile or online products you (hereinafter referred to as “user”) agree to these general terms and conditions of business (hereinafter referred to as “T&C”). Please read these T&C carefully, as they make up the legal framework applying to the use of Smigin.Smigin offers some free content for use upon registration. User has the option to upgrade to a paid service for access to additional content at a later date.

DEFINITIONS

The T&C apply to all users of Smigin. The T&C apply both to free services and any additional services provided by Smigin. Smigin reserves the right to modify these T&C at any time without notice and without indicating the reason for such modification. The modified T&C shall be updated on Smigin.com.

COPYRIGHT, TRADEMARK RIGHTS

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Smigin, its subsidiaries and content suppliers and protected by United States and international copyright laws. These contents are intended for personal, non-commercial use only within the framework of Smigin. The compilation of all content on this site is the exclusive property of Smigin and protected by U.S. and international copyright laws. All software used on this site is the property of Smigin and protected by United States and international copyright laws. The Smigin logo and the company name Smigin are legally protected. Their use requires the written consent of Smigin LLC. Smigin is a registered trademark.

CONTENT AND ACCESSIBILITY OF SMIGIN.COM

Smigin does not warrant or represent that the information provided is up-to-date, correct, or complete. Smigin strives to ensure that the language portal functions properly at all times. However, Smigin does not guarantee uninterrupted access and shall not be liable for transmission downtimes due to technical reasons. For providing its service, Smigin uses the technologies currently and commonly used in the field. To be able to make full use of the services offered by Smigin, the user must likewise use these technologies (e.g. up-to-date browser technologies, Adobe Flash) or enable their use on its computer (e.g. activate Java Script, enable cookies and pop-ups). If older or not commonly used technologies are used, the user might only be able to make limited use of the services provided by Smigin.

PRODUCT DESCRIPTIONS

Smigin and its affiliates attempt to be as accurate as possible. However, Smigin does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.

LICENSE AND SITE ACCESS

This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Smigin. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Smigin and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Smigin’s name or trademarks without the express written consent of Smigin. Any unauthorized use terminates the permission or license granted by Smigin. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Smigin.com so long as the link does not portray Smigin and its site, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Smigin reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Smigin and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Smigin and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Smigin or its affiliates for all claims resulting from content you supply. Smigin has the right but not the obligation to monitor and edit or remove any activity or content. Smigin takes no responsibility and assumes no liability for any content posted by you or any third party.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

This site is provided by Smigin on an “as is” and “as available” basis. Smigin makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, Smigin disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Smigin does not warrant that this site, its servers, or email sent from Smigin are free of viruses or other harmful components. Smigin will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive and consequential damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these always apply to, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

APPLICABLE LAW

By visiting Smigin.com, you agree that the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Smigin or its affiliates.

DISPUTES

Any dispute relating in any way to your visit to Smigin.com or to products you purchase through Smigin.com shall be submitted to confidential arbitration in Miami, Florida, except that, to the extent you have in any manner violated or threatened to violate Smigin’s intellectual property rights, Smigin may seek injunctive or other appropriate relief in any state or federal court in the state of Florida, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Privacy Policy

This privacy notice discloses the privacy practices for www.smigin.com This privacy notice applies solely to information collected by this web site. It will notify you of the following:

  • What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared.
  • What choices are available to you regarding the use of your data.
  • The security procedures in place to protect the misuse of your information.
  • How you can correct any inaccuracies in the information.
INFORMATION COLLECTION, USE, AND SHARING

We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.

We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.

Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.

We request information from you on our order form. To buy from us, you must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we’ll use this information to contact you.

YOUR ACCESS TO AND CONTROL OVER INFORMATION

You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:

  • See what data we have about you, if any.
  • Change/correct any data we have about you.
  • Have us delete any data we have about you.
  • Express any concern you have about our use of your data.
SECURITY

We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.

Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for “https” at the beginning of the address of the web page.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

If you feel that we are not abiding by this privacy policy, you should contact us immediately via email.