Alexa Skill Legal Information

PRIVACY POLICY
Effective as of March 19, 2018
This privacy policy (the “Privacy Policy”) applies to the All Ears English skill on Amazon Alexa, owned and operated by All Ears English, LLC (“All Ears,” “we,” “us,” or “our”).

IMPORTANT NOTICES TO NON-U.S. RESIDENTS
The App and its servers are operated in the United States. If you are located outside of the United States, please be aware that your Information, including your Personal Information, may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to use the App, you hereby irrevocably and unconditionally consent to such transfer, processing, and use in the United States and elsewhere.

CHILDREN
The App is not directed to children under the age of 13. We adhere to the Children’s Online Privacy Protection Act (COPPA) and will not knowingly collect Personal Information from any child under the age of 13. We ask that minors (under the age of 13) not use the App. If a child under the age of 13 has provided us with Personal Information, a parent or guardian of that child may contact us and request that such information be deleted from our records.

CHANGES TO THIS PRIVACY POLICY
This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time. This Privacy Policy is maintained and updated at allearsenglish.com/alexa-legal. By accessing the App after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, our use of the Information is governed by the Privacy Policy in effect at the time we collect the Information. Please refer back to this Privacy Policy on a regular basis.

HOW TO CONTACT US
If you have questions about this Privacy Policy, please e-mail us at Lindsay@allearsenglish.com] with “Privacy Policy” in the subject line or mail us at the following address:
All Ears English, LLC
1050 North Corona St. 316
Denver, CO 80218

COPYRIGHT NOTICE
Copyright © 2015-2018 All Ears English, LLC, or used under license

TERMS AND CONDITIONS OF USE
Welcome to our mobile application. This mobile app is maintained as a service to our customers. By using this mobile application, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this app.

  1. Agreement. This Term of Use agreement (“the “Agreement” or the “Terms of Use”) specifies the Terms and Conditions for access to and use of the All Ears English mobile application (the “App”) and describe the terms and conditions applicable to your access of and use of the App. This Agreement may be modified at any time by All Ears English, LLC upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at allearsenglish.com/legal. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
  2. Privacy. Your use of our App is also governed by our Privacy Policy. You may review our Privacy Policy at [allearsenglish.com/legal].
  3. Ownership. All content included on this App is and shall continue to be the property of All Ears English, LLC or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the App is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this App.
  4. Intended Audience. This mobile app is intended for adults only. This mobile app is not intended for any children under the age of 13 because the content of the App present material for learning languages that is beyond the abilities of most children under 13. The App does not intend to present material that is profane or sexual or otherwise appropriate only for adults. By using the App, you represent and warrant that you age 13 or older.
  5. Trademarks. ALL EARS ENGLISH (Registration No. 5,016,994), CONNECTION NOT PERFECTION (Registration No. 5,017,000), and others are either trademarks or registered trademarks of All Ears English, LLC. Other product and company names mentioned on this App may be trademarks of their respective owners.
  6. App Use. All Ears English, LLC grants you a limited, revocable, nonexclusive license to use this App solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials in or on the App, reverse engineer or break into the App, or use materials, products or services in violation of any law. The use of this mobile app is at the discretion of All Ears English, LLC, and All Ears English, LLC may terminate your use of this mobile app at any time.
  7. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the mobile app. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
  8. Indemnification. You agree to indemnify, defend and hold All Ears English, LLC and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the App.
  9. Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. ALL EARS ENGLISH, LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
  10. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL All Ears English, LLC BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
  11. You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
    1. Use of Information. All Ears English, LLC reserves the right, and you authorize us, to use and assign all information regarding App uses by you and all information provided by you in any manner consistent with our Privacy Policy.
    2. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
  12. (a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;(b) A description of the copyrighted work that you claim has been infringed;
    (c) A description of where the material that you claim is infringing is located on the App;
    (d) Your address, telephone number, and e-mail address;
    (e) 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
    (f) 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 authorized to act on the copyright owner’s behalf.
  13. Our Copyright Agent for Notice of claims of copyright infringement on the App is Matthew M. Yospin, who can be reached as follows:By Mail:
    Matthew M. Yospin
    Law Office of Matthew M. Yospin
    One Boston Place, Suite 2600
    Boston, MA 02108
    By Phone: 617-340-9295
    By E-mail: copyrights@yospinlaw.com
  14. Applicable Law. You agree that the laws of the Commonwealth of Massachusetts, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and All Ears English, LLC or its affiliates.
  15. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
  16. Waiver. The failure of All Ears English, LLC to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by All Ears English, LLC must be in writing and signed by an authorized representative of All Ears English, LLC.
  17. Termination. All Ears English, LLC may terminate this Agreement at any time, with or without notice, for any reason.
  18. Relationship of the Parties. Nothing contained in this Agreement or your use of the App shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
  19. Entire Agreement. This Agreement constitutes the entire agreement between you and All Ears English, LLC and governs the terms and conditions of your use of the App, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and All Ears English, LLC with respect to this App. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the mobile app. All Ears English, LLC may revise the Terms of Use at any time by updating this Agreement and sharing it with you through the App.  Accordingly, you should review the Terms of Use periodically to determine if any changes have been made. Your continued use of this App after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.
    1. Contact Information.

  20. All Ears English, LLC
    1050 North Corona St. 316 Denver, CO 80218

  21. Phone: 347-554-1877
    Email: Lindsay@allearsenglish.com