Terms of Service
The Terms of Services sets agreement between Laughing Beans and its users (“Language learner”, “You”, “Your”). You must read this Terms of Services before registering with the Firm and by registering for, accessing, browsing or using our services, you affirm that you have read, understood, accepted and agreed to all terms and conditions contained here.
The Firm is an online platform that connects language learners seeking to provide their knowledge and skills related to their first language(s) in exchange for obtaining knowledge and skills related to the foreign language(s) that they are learning.
The Firm provides its service (described below) through its website located at www.laughingbeans.com (the “Site”)and related services (collectively, such services, including any new features, and the Site, the “Service(s)”)
Through the Services, you may create a class (“Classrooms”) that provide vocabularies, and grammars and cultural backgrounds associated with the vocabularies. Other language learners may attend the class you created to learn foreign languages.
3. Binding Contract
We reserve the right to modify or discontinue the Site (or any portion of the Laughing Beans Services), temporarily or permanently, with or without notice to you, and are not obligated to support or update the Site. You agree that the Firm shall not be liable to you or any third party in the event that we exercise our right to modify or discontinue the Site (or any portion of the Laughing Beans Services). Unless explicitly stated otherwise, any new features that augment or enhance the current Site shall be subject to these Terms.
The material and content accessible from the Site, including all text, images, information, descriptions, coding, software, and graphics, along with the compilations of such (collectively, the “Proprietary Content”) are the property of the Firm and are protected by Korean and international laws, including but not limited to copyright laws and treaty provision, trademark laws, and other proprietary rights laws. Neither title nor intellectual property rights are transferred to you by providing access to the Web Site. Nothing within these Terms or the Site shall be construed as conferring any of the Firm’s or any third party’s rights in the Proprietary Content on you, whether by estoppel, implication, waiver or otherwise.
5. User Generated Contents
As an account holder with the Firm, you may submit Content to the Site (“User Generated Content”), including videos, user comments and other content. You understand that the Firm does not guarantee any confidentiality with respect to any User Generated Content you submit.
You shall be solely responsible for your own User Generated Content and the consequences of submitting and publishing your User Generated Content on the Site. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish User Generated Content you submit; and you license to the Firm all patent, trademark, trade secret, copyright or other proprietary rights in and to such User Generated Content for publication on the Site pursuant to these Terms.
For clarity, you retain all of your ownership rights in your User Generated Content. However, by submitting User Generated Content to the Firm, you hereby grant the Firm a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Generated Content in connection with the Site and the Firm’s (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the the Firm’s Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Site a non-exclusive license to access your User Generated Content through the Site, and to use, reproduce, distribute, display and perform such User Generated Content as permitted through the functionality of the Firm’s Services and under these Terms. The above licenses granted by you in User Generated Content you submit to the Site terminate within a commercially reasonable time after you remove or delete your User Generated Content from the Site. You understand and agree, however, that the Firm may retain, but not display, distribute, or perform, serve copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
The Proprietary Content may not be appropriated, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of the Firm. You may not modify, publish, or create derivative works from the Proprietary Content without the Firm’s prior written permission. In connection with any approved use of the Proprietary Content, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Proprietary Content. Modification or use of the Proprietary Content except as expressly provided in these Terms violates the Firm’s intellectual property rights. Other than as set forth herein, no express or implied rights to use or license in the Proprietary Content are granted to you. As a condition of your use of the Web Site you warrant to the Firm that you will not use the Web Site for any purpose that is unlawful or prohibited by these Terms.
7. Collection of Personally Identifiable Information
The Firm collects specific personally identifiable information that you provide in order to maintain your profile. The Firm may employ third-party companies to perform services or functions on its behalf. These companies may require access to personally identifiable information in order to perform their functions on behalf of the Firm, but may not use it for any other purposes.
The Firm does not warrant the accuracy or completeness of the Proprietary Content, materials or information provided on this Web Site. The Firm is not responsible for any misuse or misappropriation of information provided in your profile. THIS WEB SITE AND ITS CONTENT IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND. THE FIRM DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES, REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. If you are harmed by information posted on the Web Site, regardless of how such information is provided to the Web Site, you are permitted to terminate your profile. Such termination is your exclusive remedy. The Firm does not have any obligation to monitor or verify any users of the Site and cannot monitor or verify the accuracy of any information, regardless of the content provided through the Web Site. Therefore, the Firm disclaims all liability for use or misuse of the information provided through the Web Site. THE FIRM SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO THE SITE OR THE PROPRIETARY CONTENT, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY OR OTHER LEGAL THEORY, INCLUDING USER’S USE OF OR INABILITY TO USE THE SITE. IN NO EVENT SHALL THE FIRM BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING IN ANY WAY OUT OF YOUR USE OF THE SITE OR THE PROPRIETARY CONTENT.
You indemnify the Firm and hold it harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submitted by you through the Web Site, and (3) any activity in which you engage on or through the Web Site.
Termination or Restriction of Access
The Firm reserves the right, in its sole discretion, to terminate your registration and access to the Web Site for violations of the Terms at any time, without notice. Additionally, the Firm may restrict, suspend or terminate your access to the Web Site and any account or profile for engaging in any of the following conduct, which in the sole discretion of the Firm, violates the Terms including, but not limited to creating a false profile, providing false information or references on your account or profile, infringing any Proprietary Content, or any other action that is in violation of any state or federal law, rule or regulation. Upon termination of your access to the Web Site, the Firm will delete your account or profile. The Terms shall survive any termination of your access to the Web Site.
These Terms shall be governed by laws in Republic of Korea. At the Firm’s or your election, all disputes, claims, or controversies arising out of or relating to the Terms and Conditions or the Service that are not resolved by mutual agreement may be submitted to the jurisdiction of Seoul Central District Court located in Seoul, Republic of Korea.
10. Social Sharing
11. Prohibited Conduct
Following conduct is prohibited;
use the Site for any purposes other than to view Content via the Site or share your contents using methods provided by the Firm;
rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (including Content);
impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Site accounts of others without permission, forge another person's digital signature, misrepresent the source, identity, or content of information transmitted via the Site, or perform any other similar fraudulent activity;
delete the copyright notices or other proprietary rights on the Site or Content;
use the Site for any illegal purpose, or in violation of any local, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
use the Site for any commercial use, it being understood that the Site is for personal, non-commercial use only;
use the Site if you are under the age of 13 years old, or access portions of the Site which are for users over 17 years old if you are under the age of 17;
modify, adapt, translate or create derivative works based upon the Site or any part thereof, except and only to the extent foregoing restriction is expressly prohibited by applicable law; or intentionally interfere with or damage operation of the Site or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code
If you register an account with the Site, you are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to the Firm on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any Payment Method account number if applicable), then you agree to immediately notify the Firm. You may be liable for the losses incurred by the Firm or others due to any unauthorized use of your Account.
13. Consent to Electronic Communication and Service
14. External Links
These Terms apply to all users of the Site, including users who are also contributors of Content. The Site may contain links to third party websites that are not owned or controlled by the Firm. The Firm has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites, and you access and use these websites solely at your own risk. These links are provided for your reference and convenience only, and do not necessarily imply any endorsement, sponsorship or recommendation of the material on these third-party websites or any association with their operators. In addition, the Firm will not and cannot control or edit the content of any third-party site. By using the Site, you expressly relieve the Firm from any and all liability arising from your use of any third-party website and from any loss or damage of any sort you may incur from dealing with any third party. Accordingly, we encourage you to be aware when you leave the Site and to read the terms and conditions of each other website that you visit. 15. Termination; Terms of Service Violations
You agree that the Firm, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) you may have with the Firm or your use of the Site and remove and discard all or any part of your account, and any content, at any time.
The Firm may also in its sole discretion and at any time discontinue providing access to the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site or any account you may have or portion thereof may be effected without prior notice, and you agree that the Firm will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies
The Firm may have at law or in equity. As discussed herein, the Firm does not permit copyright infringing activities on the Site, and will terminate access to the Site, and remove all content submitted by any users who are found to be repeat infringers.
15. Limitation of Liability and Damages
15.1 UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL THE FIRM, OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE SITE, OR ANY OTHER INTERACTIONS WITH THE FIRM, EVEN IF THE FIRM OR A FIRM’S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE FIRM'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
15.2 IN NO EVENT WILL THE FIRM, OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE OR YOUR INTERACTION WITH OTHER USERS ON THE SITE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
15.3 THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON THIRD PARTIES OTHER THAN THE FIRM AND RECEIVED THROUGH OR ADVERTISED ON THE THIRD PARTIES’ SITES OR RECEIVED THROUGH THE SITE.
15.4 YOU ACKNOWLEDGE AND AGREE THAT THE FIRM HAS OFFERED ITS PRODUCTS AND SERVICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE FIRM, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE FIRM. THE FIRM WOULD NOT BE ABLE TO PROVIDE THE FIRM’S SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Firm without restriction.
18. Changes and Updates to These Terms
As used in this policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within Republic of Korea or internationally.
2. Information We Collect
When you create an account and use our Service, we collect the following types of information from you:
Contact information such as your email address;
Demographics information such as what country you are in; what your native language/learning language is;
Any other information, such as profile picture, videos, content, and bio, you provide us.
If you create an Account using, or otherwise connect your Account to your Facebook account or Google Plus account, we will also collect information provided to us by Facebook or Google Plus including for example your: name; email address; birthday; geographic location; interests; profile picture; gender; networks; user ID; list of friends; and any information you have made public on your Facebook or Google Plus account.
We automatically collect information about how you use our services, for example, pages you have viewed, or other content that you edit, genres you prefer, and searches you make. We also collect certain technical information about your device including your Internet protocol address, geo-location information (city and country), your browser type, language and identifying information, your operating system and application version, device types, device model and manufacturer, device identifiers, and your device operating system type and version.
We use local shared objects, also known as "Flash cookies," to store your preferences or to display content based upon what you view on our websites to personalize your visit. Third parties may also provide certain features on our websites, collect information about your Web browsing activities, and display advertising based upon your Web browsing activity using Flash cookies to collect and store information. Flash cookies are different from other cookies because of the amount of, type of, and way in which data is stored.
Sharing Of Your Information
The Firm’s Service may allow you to connect and share your actions, comments, content, profile, and information publicly or with other people. You may control some of the categories of personal information shared via your profile from the account settings menu on the Site. Please be mindful of your own privacy needs as you choose who to connect with and what to share and make public. We cannot control the privacy or security of information you choose to make public or share with others.
3. How the Firm Uses Your Information
We generally uses your information to:
Facilitate the creation of and secure your account on our network;
Identify you as a user in our system;
Provide, personalize, and improve the Services;
Communicate with you about your use of the Services;
Develop new products and services,
Customize the advertising you view and recommend content;
Fulfill your requests;
Identify the comments you post;
Send newsletters, surveys, offers and promotional materials related to the Services and for other marketing purposes of the Firm;
Protect, investigate, and prevent potentially fraudulent, unauthorized, or illegal activities;
Protect our rights and the rights of other users; and
We may also use your information to verify your geographic location. We may use your geographic location data (city and country) to personalize our Service, to recommend content, determine whether the content you have requested is available in your location. We also aggregate and anonymize all information we collect. We may use or share your aggregated and anonymized data for any purposes allowed by applicable law.
4. How the Firm Discloses Your Information
We may share your information as follows:
We may share your personal information with your consent or at your direction.
We may also share your information with others who perform services on our behalf.
We may disclose your information if we believe we are required to do so by law, or to comply with a court order, judicial or other government subpoena, or warrant.
We also may disclose your information if we believe doing so is appropriate or necessary to prevent any liability, or fraudulent, abusive, or unlawful uses or to protect the Firm and our Services; or any rights, property, or personal safety of the Firm or others.
In the event that the Firm is acquired by or merged with another company or involved in any other business deal (or negotiation of a business deal) involving sale or transfer of all or part of our business or assets, we may transfer or assign your information as part of the transaction. Finally, in the event of insolvency, bankruptcy, or receivership, information may be transferred as a business asset.
We may also share aggregated and anonymized data with our partners, advertisers and other third parties. For example, we may tell studios how many times a particular episode of a television series was watched and by which demographics.
5. Third Party Advertisers
The Firm takes commercially reasonable steps to help protect your Information against loss, misuse and unauthorized access, or disclosure. No company can fully prevent security risks, however. To help protect yourself and your information, choose a unique password for our Services and do not use a password on our Services that you would use on any other website or online service.
7. Dispute Resolution
If you believe that the Firm has not adhered to this Statement, please contact us by e-mail at email@example.com. We will do our best to address your concerns.
8. Information Choices
You may opt out of receiving promotional emails from us by following the instructions in those emails. Even if you opt out, we may still send you non-promotional emails, such as emails about your accounts or our ongoing business relations. You may also send requests about your personal information, including changes to your contact preferences, changes to or deletions of your information or content you post, and requests to opt-out of sharing your personal information with third parties by emailing firstname.lastname@example.org. Please note that deletion of your information or content does not ensure complete or comprehensive removal of the content or information posted on the Site.
10. Contacting Us