Terms of Service
Terms of Service
Acceptance of Terms
Welcome to Philologus. Philologus provides its service subject to the following Terms of Service ("TOS"), which we may update from time to time without prior notification. When using any Philologus services, both you and Philologus shall be subject to any additional posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
Description of Service
Philologus provides users with access to a collection of online services allowing you to create games and quizzes over the Internet and share them with others; Philologus also provides a discussion forum for users of the services. Unless explicitly stated otherwise, any new features that augment or enhance the current services, including the release of new services, shall be subject to the TOS. You understand and agree that all services are provided "as-is" and that Philologus assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user created content.
In order to use the services, you must obtain access to the World Wide Web, either directly or through devices that access Web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
Your Registration Obligations
In consideration of your use of Philologus's services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Philologus has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Philologus has the right to suspend or terminate your account and refuse any and all current or future use of Philologus's services (or any portion thereof).
Member Accounts, Passwords, and Security
Upon completion of the registration process for Philologus's services, you will have created a username and been assigned a password. You are responsible for preserving the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Philologus of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Philologus cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
You understand that all information, including but not limited to, data, text, software, music, sound, photographs, graphics, video, messages, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Philologus, are entirely responsible for all Content that you post or otherwise transmit via Philologus's services. Philologus does not control the Content posted via Philologus's services and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Philologus be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, or otherwise transmitted via Philologus's services.
You agree to not use Philologus's services to:
- upload, post, e-mail or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Philologus official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through Philologus's services;
- upload, post, e-mail or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, e-mail, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of any party;
- upload, post, e-mail, or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes", or any other form of solicitation that are designated for such purpose;
- upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt Philologus's services or servers or networks connected to Philologus's services, or disobey any requirements, procedures, policies, or regulations of networks connected to Philologus's services;
- intentionally or unintentionally violate any applicable local, national, or international law, or any regulations having the force of law;
- "stalk" or otherwise harass another; or collect or store personal data about other users.
You acknowledge that Philologus may not pre-screen Content, but that Philologus and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via Philologus's services. Without limiting the foregoing, Philologus and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge and agree that Philologus may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
- comply with legal process;
- enforce the TOS;
- respond to claims that any Content violates the rights of third- parties; or (d) protect the rights, property, or personal safety of Philologus, its users, and the public.
You understand that the technical processing and transmission of Philologus's services, including your Content, may involve
- transmissions over various networks; and
- changes to conform and adapt to technical requirements of connecting networks or devices.
Public Content Posted to Philologus
With respect to all Content you elect to post, upload, input, provide, or submit to Philologus's services, you grant Philologus the royalty-free, perpetual, irrevocable, non-exclusive, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
You agree to indemnify and hold Philologus, and its affiliates, officers, agents, co-branders or other partners harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post to, or transmit through Philologus's services, your use of Philologus's services, your connection to Philologus's services, your violation of the TOS, or your violation of any rights of another.
No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of Philologus's services, use of Philologus's services, or access to Philologus's services.
General Practices Regarding Use and Storage
You acknowledge that Philologus may establish general practices and limits concerning use of Philologus's services, including without limitation posted Content that will be retained by Philologus's services, the maximum disk space that will be allotted on Philologus's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access Philologus's services in a given period of time. You agree that Philologus has no responsibility or liability for the deletion or failure to store any data and other communications or other Content maintained or transmitted by Philologus's services. You acknowledge that Philologus reserves the right to delete accounts that are inactive for an pre-determined period of time. You further acknowledge that Philologus reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Modifications to Service
Philologus reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Philologus's services (or any part thereof) with or without notice. You agree that Philologus shall not be liable to you or to any third party for any modification, suspension or discontinuance of Philologus's services.
You agree that Philologus, in its sole discretion, may terminate your password, username, account (or any part thereof) or use of Philologus's services, and remove and discard any Content within Philologus's services, for any reason, including, without limitation, for lack of use or if Philologus believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Philologus may also in its sole discretion and at any time discontinue providing Philologus's services, or any part thereof, with or without notice. You agree that any termination of your access to Philologus's services under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Philologus 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 Philologus's services. Further, you agree that Philologus shall not be liable to you or any third-party for any termination of your access to Philologus's services.
Dealings with Advertisers and Sponsors
Your correspondence or business dealings with, or participation in promotions of, advertisers and sponsors found on or through Philologus's services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Philologus shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Philologus's services.
Philologus's services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Philologus has no control over such sites and resources, you acknowledge and agree that Philologus is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Philologus shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Philologus's Proprietary Rights
You acknowledge and agree that Philologus's services and any necessary software used in connection with Philologus's services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through Philologus's services or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorised by Philologus or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on Philologus's services or the Software, in whole or in part.
Philologus grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorised access to Philologus's services. You agree not to access Philologus's services by any means other than through the interface that is provided by Philologus for use in accessing Philologus's services.
Disclaimer of Warranties
You expressly understand and agree that:
- Your use of Philologus's services is at your sole risk.
- Philologus's services are provided on an "as is" and "as available" basis. Philologus expressly disclaims all warranties of any kind, whether express or implied.
- Philologus makes no warranty that
- Philologus's services will meet your requirements,
- Philologus's services will be uninterrupted, timely, secure, or error-free,
- the results that may be obtained from the use of Philologuss services will be accurate or reliable,
- the quality of any products, services, information, or other material obtained by you through Philologus's services will meet your expectations, and
- any errors in the software will be corrected.
- Any material downloaded or otherwise obtained through the use of Philologus's services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
- No advice or information, whether oral or written, obtained by you from Philologus or through or from Philologus's services shall create any warranty not expressly stated in the TOS.
Limitation of Liability
You expressly understand and agree that Philologus shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Philologus has been advised of the possibility of such damages), resulting from:
- the use or the inability to use Philologus's services;
- the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into, through or from Philologus's services;
- unauthorised access to or alteration of your transmissions or data;
- statements or conduct of any third party on Philologus's services; or
- any other matter relating to Philologus's services.
Notices to you will be made via e-mail. Philologus's services may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on Philologus's services.
Copyrights and Copyright Agents
Philologus respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify Philologus who will take appropriate action with your assistance.
The TOS constitute the entire agreement between you and Philologus and govern your use of Philologus's services, superseding any prior agreements between you and Philologus. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. The failure of Philologus to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Report any violations of the Terms of Service to firstname.lastname@example.org.