TERMS AND CONDITIONS OF SERVICE
The Blue Canoe Learning mobile application (“App”), our pronunciation proficiency testing (“Testing”) and related services (together, the “Service”), are operated by Blue Canoe Learning, Inc. (“Blue Canoe Learning,” “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. Blue Canoe Learning 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 Service
The Blue Canoe Learning Service allows users to learn and practice English pronunciation using the Color Vowel® System. Users are taught the Color Vowel System, and then use it in the Blue Canoe Learning games and educational activities. Users are presented with different types of educational activities and games, and while they perform these activities they listen to a native English speaker and record their own pronunciations. Speaking out loud is a necessary part of learning to improve one’s pronunciation. Users may also take the Blue Canoe English Pronunciation Test to test their pronunciation proficiency.
Blue Canoe Learning 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.
In connection with registering for and using the Service via your sign in with a Google account you agree (i) to provide accurate, current and complete information about you and/or your organization as requested by Blue Canoe Learning; (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 Blue Canoe Learning, 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.
4. Inappropriate Use
You will not upload, display, share, or otherwise provide on or through the Service any content or audio recording 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 Blue Canoe Learning’s sole judgment, is objectionable or which restricts or inhibits any other person from using the Service or which may expose Blue Canoe Learning or its users to any harm or liability of any kind. You will not use the Blue Canoe Learning English Test to collect information about our testing process or to develop strategy, guides or other testing preparation material or a similar testing service.
5. Indemnification of Blue Canoe Learning
You agree to defend, indemnify and hold harmless Blue Canoe Learning 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 Service we provide to you is inaccurate, inappropriate or defective in any way whatsoever.
6. App License
Subject to the terms of these Terms and Conditions, Blue Canoe Learning grants you a non-transferable, non-exclusive license to download, install, and use one copy of the App in object code form only on an interactive wireless device that you own or control. You may not derive or attempt to derive the source code of all or any portion of the App, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate the App or any part thereof. Blue Canoe Learning and its licensors own and shall retain all intellectual property rights and other rights in and to the App, and any changes, modifications, or corrections thereto.
7. NO REPRESENTATIONS OR WARRANTIES BY BLUE CANOE LEARNING
THE SERVICE, INCLUDING ALL IMAGES, AUDIO FILES AND OTHER CONTENT THEREIN, AND ANY OTHER INFORMATION, PROPERTY AND RIGHTS GRANTED OR PROVIDED TO YOU BY BLUE CANOE LEARNING ARE PROVIDED TO YOU ON AN “AS IS” BASIS. BLUE CANOE LEARNING MAKES 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, BLUE CANOE LEARNING 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 BLUE CANOE LEARNING 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 BLUE CANOE LEARNING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BLUE CANOE LEARNING’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 BLUE CANOE LEARNING 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.
Blue Canoe Learning 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. The provisions of these Terms and Conditions relating to the protection and enforcement of Blue Canoe Learning’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 Materials
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 Blue Canoe Learning 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 Blue Canoe Learning, all data, information and materials generated from your access and use of the educational activities made available on or through the Service, including recorded content generated by you (collectively, the “Activity Materials”), shall be exclusively owned by Blue Canoe Learning, and you shall not have any right to use such Activity Materials except as expressly authorized by these Terms and Conditions. By using the Service, you hereby assign to Blue Canoe Learning any and all rights, title and interest, including any intellectual property rights or proprietary rights, in the Activity Materials. All rights of Blue Canoe Learning or its licensors that are not expressly granted in these Terms and Conditions are reserved to Blue Canoe Learning and its licensors.
“Blue Canoe”, “Blue Canoe Learning” and “Color Vowel” and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or service marks of Blue Canoe Learning 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 Blue Canoe Learning name or any Blue Canoe Learning or third-party trademarks, service marks, graphics or logos.
13. Notice for Claims of Copyright Violations and Agent for Notice
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 Blue Canoe Learning pursuant to the Digital Millennium Copyright Act by providing us with the following information in writing:
- an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Please consult your legal counsel for further details or see 17 U.S.C. §512(c)(3). Blue Canoe Learning’s Agent for Notice of claims of copyright infringement can be reached as follows:
- By mail: Blue Canoe Learning, Fluke Hall, 4000 Mason Road, Suite 300, Seattle WA 98195
- By email: firstname.lastname@example.org
14. Governing Law and Arbitration
These Terms and Conditions, its subject matter and Blue Canoe Learning’s and your respective rights under these Terms and Conditions shall be governed by and construed under the laws of the State of Washington, United States of America, excluding the conflict of law provisions of that or any other jurisdiction. Any dispute arising between you and Blue Canoe Learning will be resolved by binding arbitration. The arbitration shall be conducted by a single arbitrator in King County of the State of Washington. 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.
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.
These Terms and Conditions constitute the entire agreement between Blue Canoe Learning 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 Blue Canoe Learning 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. Blue Canoe Learning 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 Blue Canoe Learning and you, and Blue Canoe Learning’s and your respective successors and permitted assigns.
Last revised on December 12, 2017