Last updated: March 8, 2021
Welcome to Belatone! It is our pleasure to provide the services described below for your personal learning enjoyment in accordance with these Terms of Use ("Terms"). Please take a moment to carefully read through these Terms.
GENERAL
These Terms constitute a legally binding agreement between you and Belatone Inc ("Belatone", "Us", or "We") governing your access to and use of the Belatone website, including any subdomains thereof (collectively, "Site"), our mobile, tablet and other smart device applications (collectively, "App") and all associated services (collectively, "Belatone Services"). The Site, App and Belatone Services together are hereinafter collectively referred to as the "Belatone Platform” or "Platform".
Belatone Inc provides an online language learning system through the Belatone Platform to you, the Learner, subject to your compliance with all the terms, conditions, and notices contained or referenced herein, as well as any other written agreement between us and you. By registering, accessing, or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, do not register, access, or otherwise use any of our services.
We reserve the right to modify these Terms from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms.
SCOPE OF SERVICES
Belatone produces and makes available language learning materials through the Platform including, but not limited to, instructional text, audio, and video lessons (collectively, "Content"). You are responsible for providing, at your own expense, all equipment necessary to use the Content, including a tablet, smart phone, computer, and Internet access. We make no representations to the quality, accuracy or suitability of the Content. While some introductory Content are available for free, full access to most Content will require a subscription fee.
The Belatone Platform is also an online marketplace that connects registered users (“Members”) and certain third parties who offer services (“Docents” and the services they offer are "Docent Services”) to communicate and transact directly. Docent Services include, but not limited to, language coaching sessions where Docents will assist Members to develop speaking fluency. Members are required to consent to the fees at the start of each coaching session.
PROVISION OF CONTENT
The Content are provided for the sole use by you and you only, with no permission to copy, reproduce, license, sublicense or pass on in any form. You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of the Content, or access to the Platform. By registering and accessing the Platform with a specific identifier and a password (the “Credentials”), you give us the irrevocable permission to store data about you, your conduct on the Site or App and any information relevant to your use of the Platform, such as your IP address. You warrant and represent that, once registered, you will not provide your Credentials to any third party, nor will you permit any third party to use Credentials they may have obtained through other ways to use your Account. For your convenience, we may store an identifying token (the “Cookie”) on your web browser to identify you when returning to the Site for your own convenience, avoiding the need to provide Credentials each time you visit the Site.
TRUE IDENTITIES
By registering and accessing the Platform, you warrant and represent that (a) the name you are stating in any fields designated Name or First Name or Last Name is your truthful legal name, as spelled in your government issued identity documents, and (b) your email address and user name does not impersonate or otherwise suggest any identity other than your true own one.
AGE LIMITATIONS
The Platform services are not intended to be used by children without involvement and approval of a parent or guardian. If you are under the age of 13, you are not permitted to register with Belatone or provide your personal information to us. If you are at least 13 and under 18 years of age (or under the applicable age of majority in your state or territory of residence), you may register with Belatone, but only if you have the consent of your parent or guardian, including consent to these Terms on your behalf, and for clarity, you may only modify an account, or associated profiles, with the consent of your parent or guardian. Please note that you must be at least 18 years of age in order to purchase certain services.
PAID SUBSCRIPTIONS
If you order a paid subscription on our Platform, the services associated with your subscription will be made available for the period subscribed to by you, typically per month, per quarter or per year. All of the time frames described are based on the Gregorian calendar, and any dates relevant to services are dates relating to Pacific Standard Time, with the end of day concluding at midnight Los Angeles time. We expressly reserve the right to deny, discontinue, or limit, all or parts of the services if you are delinquent in any payments owed to us. Such limitations do not relieve you from paying the amounts owed until you properly terminate the services in accordance with these Terms.
DOCENT PROGRAM
If you qualify to be a Docent, Belatone offers you the opportunity to share your language knowledge with our vibrant community of Members.
When you accept a chat request through the Belatone Platform, you are entering into a contract directly with the requesting Member, and are responsible for delivering your Docent Service under the terms and at the price specified on the Platform. You are also agreeing to pay applicable fees like Belatone’s service fee (and applicable taxes) for each booking. Belatone will deduct amounts you owe from your payout unless we and you agree to a different method.
Your relationship with Belatone is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Belatone, except that Belatone acts as a payment collection agent. Belatone does not direct or control your Docent Services, and you agree that you have complete discretion whether and when to provide Docent Services. You are also responsible for understanding and complying with any local laws, rules, and regulations pertaining to you as a freelancer offering Docent Services on our Platform.
REFUND POLICY FOR SUBSCRIPTIONS
We provide you the right to cancel any of our subscriptions if you are not satisfied with our product within the first 30 days after you order the service, after which you have no right to any refund.
CANCELLATION AND NOTICES FOR SUBSCRIPTIONS
Your subscription automatically renews at the time of its expiration for another time period identical or substantially identical to the original period, and you authorize us to debit the method of payment provided to us (or any replacement method you provide from any of the payment processors that we employ for the purpose of processing payments). Regardless whether we succeed in charging your account or not, a denied charge does not terminate your account, and you are obligated to settle any charges that result from subscriptions until cancelled in accordance with these Terms.
TERMINATION OR RESTRICTION OF YOUR ACCESS
You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our Platform without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the Platform. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through the Platform. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our Platform, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.
INTELLECTUAL PROPERTY INFORMATION
Any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed on the Platform is the intellectual property owned by Belatone Inc, and protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You are only permitted to use the content as expressly authorized by us or the specific content provider. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from the Platform in any form or by any means without prior written permission from us. You are solely responsible for obtaining permission before reusing any copyrighted material that is available on the Platform. Any unauthorized use of the materials appearing on the Platform may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
PROCESS TO REPORT VIOLATIONS
If you believe that any of the Content of the Platform violates any rights that you believe you have, you may provide notice in writing to our corporate offices located at 350 South Grand Ave, Suite 150, Los Angeles, CA 90071, (a) identifying in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed, (b) identify the material that you claim is infringing the copyrighted work listed as photo or “screen shot”, provide information reasonably sufficient to permit us to contact you by both a legal postal address of service (no P.O. box) as well as an address for electronic communications (email), (c) include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law" and (d) include a written statement and your signature below "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.", for adjudication as provided in the Digital Millennium Copyright Act.
DISCLAIMER OF WARRANTIES
ALL MATERIALS AND SERVICES ON THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE PLATFORM FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
CONTENT ON THE PLATFORM COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES ON THE PLATFORM MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the Platform, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE PLATFORM, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE PLATFORM FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
You understand and agree that temporary interruptions of the services available through the Platform may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of the Platform, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on the Platform are provided "as is" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS PLATFORM OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE PLATFORM OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE PLATFORM, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to defend, indemnify, and hold us and our affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of the Platform. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
SECURITY AND PASSWORD
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.
E-MAIL, MESSAGING, BLOGGING, AND CHAT SERVICES
We may make email, messaging, blogging, or chat services (collectively, "Communications") available to our users, either directly or through a third-party provider. We make available separate supplemental agreements characterizing the relationship between you and us that, except where expressly noted or contradictory, includes these Terms.
We will not inspect or disclose the contents of private Communications except with the consent of the sender or the recipient, or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, or as other required by law or by court or governmental order. Further information is available in our Privacy Policy.
We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as "Spam") and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.
INTERNATIONAL USE
Although the Platform may be accessible worldwide, we make no representation that materials on the Platform are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Platform from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Platform is void where prohibited.
TERMINATION OF USE
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Platform with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons thereof, your right to use the services available on this Platform immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Platform. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
GOVERNING LAW
This Site and App (excluding any linked sites) is controlled by us from our Principal offices in Los Angeles, CA, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Delaware, by accessing this Platform both of us agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Platform and the purchase of products and services available through this Platform. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of Delaware with respect to such matters.
ENTIRE AGREEMENT
These Terms constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms, these Terms shall take precedence.
MISCELLANEOUS
If any part of these Terms of Use 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 intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.
CONTACT INFORMATION
Belatone Inc
350 South Grand Ave
Suite 150
Los Angeles, CA 90071