AEE Mobile App Legal Information

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.

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:

(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.
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

  1. 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.
  2. 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.
  3. 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.
  4. Termination. All Ears English, LLC may terminate this Agreement at any time, with or without notice, for any reason.
  5. 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.
  6. 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.
  7. Contact Information.

All Ears English, LLC
186 Hancock St
Cambridge MA 02139
Phone: 347-554-1877
Email: Lindsay@allearsenglish.com
 
 
 
PRIVACY POLICY
Effective as of November 30, 2017
This privacy policy (the “Privacy Policy”) applies to the All Ears English mobile application (the “App”), owned and operated by All Ears English, LLC (“All Ears,” “we,” “us,” or “our”). We have created this Privacy Policy to tell you what information the App collects, how we use that information, and who we will share that information with, if at all. This Privacy Policy does not address the privacy practices of any third parties that we do not own, control, or are affiliated with. Capitalized terms not defined in this Privacy Policy will have the meaning set forth in our Terms of Use. By visiting and/or using our App, you are agreeing to the terms of this Privacy Policy and the accompanying Terms of Use. We encourage you to read the Privacy Policy, and to use the information it contains to help you make informed decisions.

  1. INFORMATION WE COLLECT OR RECEIVE

In the course of operating the App, we will collect and/or receive the following types of information. You authorize us to collect and/or receive such information.

  1. Personal Information. We only receive or collect information that identifies you personally if you choose to provide such personally identifiable information to us via email or other means. When you sign up to become a user or contact us, you will be required to provide us with personal information about yourself (collectively, the “Personal Information”). Such Personal Information may include your name, e-mail address, physical address, and phone number. We do not collect any Personal Information from you when you use the App unless you provide us with the Personal Information voluntarily.
  2. Third-party Log In. If you sign in through Facebook or Google, you are authorizing us to collect, store, and use, in accordance with this Privacy Policy, any and all information that you agreed that Facebook or Google would provide to us through their applicable Application Programming Interface (“API”). Such information may include, without limitation, your first and last name, Facebook or Google username, Facebook or Google profile picture, headline, unique identifier and access token, and e-mail address.
  3. Payment Information. If you choose to make a purchase or subscribe to a feature or service of ours that requires a fee, you will be required to provide us with your payment information, including, without limitation, bank account numbers, credit card or debit card numbers, account details, ACH information, and similar data (collectively, “Payment Information”). Such Payment Information will be collected and processed by our third-party payment vendors pursuant to the terms and conditions of their privacy policies and terms of use, and we do not obtain access to any Payment Information in connection with such purchases or subscriptions.
  4. Geolocational Information. At present, the App does not collect geolocational information from your mobile device or wireless carrier or third-party service providers.
  5. Third-Party Analytics. We and the third-party technology providers, ad exchanges, ad networks, advertisers, agencies, ad exchanges, and ad servers with which we work use third-party analytics services (e.g., Google Analytics) to evaluate your use of the App, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to the App and mobile and Internet usage. These third parties use cookies and other technologies to help analyze and provide us the data. You consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy. For more information on these third parties, please visit allearsenglish.com/legal. Please be advised that the App at present requires these services in order to function.
  6. Other Information. In addition to the Personal Information, Payment Information, and Geolocational Information, we may automatically collect or receive additional information regarding you and your use of the App; your interactions with us and our advertising; and information regarding your computer and mobile devices used to access the App (collectively, the “Other Information”). Such Other Information may include:
  7. From You. Additional information about yourself that you voluntarily provide to us, such as your gender and your product and service preferences.
  8. From Your Activity. We may collect or receive information regarding:
  9. IP address, which may consist of a static or dynamic IP address and will sometimes point to a specific identifiable computer or mobile device;
  10. browser type and language;
  11. referring and exit pages and URLs;
  12. date and time; and
  13. details regarding your activity on the App, such as search queries and other performance and usage data.

iii. About Your Mobile Device. We may collect or receive information regarding:

  1. type of mobile device;
  2. advertising Identifier (“IDFA” or “AdID”);
  3. operating system and version (e.g., iOS, Android or Windows);
  4. carrier; and
  5. network type (WiFi, 3G, 4G, LTE).
  6. From Cookies. We may use both session cookies, which expire once you close the App, and persistent cookies, which stay on your mobile device until you delete them and other technologies to help us collect data and to enhance your experience with the App. Cookies are small text files an app can use to recognize a repeat visitor to the app. We may use cookies for various purposes, including to:
  7. type of mobile device;
  8. personalize your experience;
  9. analyze which portions of the App are visited and used most frequently; and
  10. measure and optimize advertising and promotional effectiveness.

If you do not want us to deploy cookies in the App, you can opt out by setting your mobile device to reject cookies. You can still use the App if you choose to disable cookies, although your ability to use some of the features may be affected.

  1. INFORMATION COLLECTED BY OR THROUGH THIRD-PARTY ADVERTISING COMPANIES

We may share Other Information about your activity on the App with third parties for ad distribution and ad optimization (defined as the tailoring, targeting (i.e., behavioral, contextual, retargeting, analyzing, managing, reporting, and optimizing of ads).  These third parties may use cookies, pixel tags (also called web beacons or clear gifs), and/or other technologies to collect Other Information for such purposes.  Pixel tags enable us and these third-party advertising companies to recognize a browser’s cookie when a browser visits the site on which the pixel tag is located in order to learn which advertisement brings a user to a given site.  In addition, we may receive Other Information from advertisers and/or their service providers such as advertising identifiers, IP addresses, and post-conversion data.

  1. HOW TO OPT OUT OF THIRD-PARTY INTEREST-BASED ADVERTISING

If you wish to opt out of third-party interest-based advertising, please visit http://www.networkadvertising.org and http://www.aboutads.info/choices for details on how to do so. Additionally, users of mobile Devices can follow the below instructions:
Android Users
For Android devices with OS 2.2 and up and Google Play Services version 4.0 and up: Open your Google Settings app; Ads; Enable “Opt out of interest-based advertising.”
iOS Users
iOS 7 or Higher: Go to your Settings; Select Privacy; Select Advertising; Enable the “Limit Ad Tracking” setting.
iOS 6: Go to your Settings;Select General; Select About; Select Advertising; Enable the “Limit Ads Tracking” setting.

  1. HOW INFORMATION IS USED AND SHARED
  2. You authorize us to use the Personal Information, Payment Information, Geolocational Information, and the Other Information (collectively, the “Information”) to:
  3. provide and improve our App;
  4. provide our services;

iii. administer our promotional programs;

  1. solicit your feedback; and
  2. inform you about our products and services.
  3. In order to provide our services and administer our promotional programs, we may share the Information with our third-party promotional and marketing partners, including, without limitation, businesses participating in our various programs.
  4. We engage third-party companies and individuals to perform functions on our behalf. Examples may include providing technical assistance, customer service, marketing assistance, and administration of promotional programs. These other companies will have access to the Information only as necessary to perform their functions and to the extent permitted by law
  5. In an ongoing effort to better understand our users, the App, and our products and services, we may analyze certain Information in anonymized and aggregate form to operate, maintain, manage, and improve the App and/or such products and services. This aggregate information does not identify you personally. We may share and/or license this aggregate data to our affiliates, agents, business and promotional partners, and other third parties. We may also disclose aggregated user statistics to describe the App and these products and services to current and prospective business partners and investors and to other third parties for other lawful purposes.
  6. We may share some or all of your Information with any of our parent companies, subsidiaries, joint ventures, or other companies under common control with us.
  7. As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the Information may be part of the transferred assets.
  8. To the extent permitted by law, we may also disclose the Information:
  9. when required by law, court order, or other government or law enforcement authority or regulatory agency; or
  10. whenever we believe that disclosing such Information is necessary or advisable, for example, to protect the rights, property, or safety of us or others, including you.
  11. ACCESSING AND MODIFYING INFORMATION AND COMMUNICATION PREFERENCES

If you have provided us any Personal Information, you may access, remove, review, and/or make changes to the same by contacting us as set forth below. In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any of our marketing e-mails. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases. You cannot opt out of receiving transactional e-mails related to the App (e.g., requests for support).
We may also deliver notifications to your mobile device (e.g., push notifications). You can disable these notifications by deleting the relevant service or by changing the settings on your mobile device.

  1. HOW WE PROTECT YOUR INFORMATION

We take commercially reasonable steps to protect the Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases or the databases of the third parties with which we may share such Information, nor can we guarantee that the Information you supply will not be intercepted while being transmitted over the Internet. In particular, e-mail sent to us may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.

  1. 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.

  1. APP STORES; EXTERNAL WEBSITES

Your app store (e.g., iTunes or Google Play) may collect certain information in connection with your use of the App, such as Personal Information, Payment Information, Geolocational Information, and other usage-based data. We have no control over the collection of such information by a third-party app store, and any such collection or use will be subject to that third party’s applicable privacy policies.
The App may contain links to third-party websites. We have no control over the privacy practices or the content of these websites. As such, we are not responsible for the content or the privacy policies of those third-party websites.  You should check the applicable third-party privacy policy and terms of use when visiting any other websites.

  1. 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.

  1. 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/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.

  1. 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
186 Hancock St
Cambridge MA 02139
 
COPYRIGHT NOTICE
Copyright © 2015-2018 All Ears English, LLC, or used under license