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Terms of use

Acceptance of the Terms of Use
These terms of use are entered into by you and Lexica Global Language Systems, LLC (“Lexica,” “Company,” “we,” or “us”). The following terms and conditions, together with any documents and agreements expressly incorporated by reference (collectively, the “Terms of Use”), govern your access to and use of www.keystojapanese.com, including any content, functionality, and services offered on or through www.keystojapanese.com (the “Website”), whether as guest or a registered user. The Terms of Use incorporate by reference, without limitation, our Privacy Policy, which can be found at www.keystojapanese.com/privacy.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, or by clicking to accept or agree to the Terms of Use when this option is made available to you on the Website, you accept and agree to be bound by, and to comply with, these Terms of Use. If you do not agree to these Terms of Use, you must not access or use the Website.

This website is offered and available to people of age of consent in their respective jurisdictions. By using this Website, you represent and warrant that you meet the foregoing requirements and are also of legal age to form a binding contract with the Company.

Change to Terms of Use
We may revise and update the Terms of Use from time to time at our sole discretion. All changes are effective immediately when posted online, and shall apply to all access and use of the Website thereafter. However, changes to the dispute resolution provisions set forth in the “Governing Law and Jurisdiction” section will not apply to disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes made. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security
We reserve the right to withdraw or amend the Website, and any service or material provided on the Website, at our sole discretion and without notice. We will not be liable if all or any part of the Website is unavailable for any reason at any time and for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website.

You are responsible for:
* Making all arrangements necessary for you to access the Website; and
* Ensuring that all persons who access the Website through your Internet connection or device you use to access the Website are aware of, and comply with, the Terms of Use.

To access the Website and the services it offers, you may be asked to provide registration details or personal information. It is a condition of your use of the Website that all information you provide is correct, current, and complete. You agree that all information you provide to the Website, for registration purposes or otherwise, are governed by our Private Policy (found at: www.keystojapanese.com/privacy). You also consent to all actions we may take with respect to your information that are consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or other information as part of our security procedures, you are responsible for treating such information as confidential, and not disclosing the information to any other person or entity. You also acknowledge that your account is personal and agree not to provide any other person or entity with access to this Website, or any part of the Website, using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to, or use of, your user name, password, or other security information. You agree to notify us immediately of any breach of the Website’s security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so others cannot view or record your personal or security information.

We reserve the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of the Terms of Use.

Intellectual Property Rights
The Website and its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of these materials to the Company. The Website and its contents, features, and functionality are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The Terms of Use permit you to use the Website for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Website, except as follows:

  • Your computer may temporarily store copies of materials in RAM incidental to your access and viewing of those materials for your personal, non-commercial use.
  • You may store files that are automatically cached by your webs browser for display enhancement purposes.
  • If we provide desktop, mobile, or other applications for download, you may download to your computer or mobile device solely for your own personal, non-commercial use, provided that you agree to be bound by the end user license agreement for the applications.
  • If we provide social media features for the Website, you may only take actions that are enabled for such features.

Activities you are not permitted to engage in include, but are not limited to, modifying copies of any materials from the Website, and deleting or altering any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.

You must not access or use for any commercial purpose any part of the Website, or any services or materials made available through the Website. If you print, copy, modify, download, or otherwise use or provide any other person or entity with access to any part of the Website in breach of the Terms of Use, your right to use the Website will immediately cease and you must, at our option, either return or destroy any copies of all materials from the Website.

No right, title, or interest in or to the Website or its content, features, and functionality is transferred to you. The Company reserves all rights not expressly granted. Any use of the Website not expressly permitted by these Terms of Use is a breach of the Terms of Use and may violate copyright, trademark, and other laws.

Prohibited Uses
You may only use the Website for lawful purposes and in accordance with the Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws concerning the export of data or software to and from the United States or other countries).
  • For any purpose related to the potential exploitation, harming, or attempting to exploit or harm minors (including, without limitation, harm resulting from exposing them to inappropriate content, asking them for personally identifiable information, or otherwise).
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with Content Standards set out in the Terms of Use.
  • To transmit any advertisement or promotional material without the Company’s prior written consent, (including, without limitation, any “junk mail”, “chain letter”, “spam”, or other similar solicitation).
  • To impersonate, or attempt to impersonate, the Company, any employee of the Company, another user, or any other person or entity (including, without limitation, impersonation by using email addresses or user names associated with the Company or any other person or entity).
  • To engage in any conduct that restricts or inhibits any other person or entity’s use or enjoyment of the Website, or that, as determined by us, may harm the Company or other users of the Website.

Prohibited uses of the Website or any service or material provided therein include, but are not limited to, the following:

  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real-time activities.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose.
  • Use any manual process or means to monitor or copy any material on the Website, or for any other unauthorized process, without the Company’s prior written consent.
  • Use any device, software, or other means that interferes with the proper functioning of the Website.
  • Introduce any virus, Trojan horse, worm, logic bomb, or other material that is malicious or harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Website, the serve on which the Website is stored, or any server, computer, or database that is connected to the Website.
  • Attack the Website through a denial-of-service attack or distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.


User Contributions
The Website may contain message boards, chat rooms, personal user pages, profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit (hereinafter, to “post”) content or materials (collectively, “User Contributions”) on or through the Website.

All User Contributions must comply with the Content Standards set out in the Terms of User. Any User Contribution you post on the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us, our affiliates, our service providers, and each of our, and their, respective licensees, successors, and assigns a perpetual, non-exclusive, fully-paid, royalty-free, and sub-licensable worldwide license to use, modify, reproduce, resell, create derivative works of, perform, display, distribute, and otherwise disclose to third parties any such material through the website, in all media now known or hereafter created, and in any other manner upon our sole discretion.

Please note that the license you grant is non-exclusive (meaning you are free to license your User Contribution to other parties), and both fully-paid and royalty-free (meaning we, our affiliates, our service providers, and each of our, and their, respective licensees, successors, and assigns are not required to pay for licensed uses of your User Contribution).

Also, you represent and warrant that:

  • You own and control all rights in and to the User Contributions.
  • You have the right to grant the license above to us, our affiliates, our services providers, and each of our, and their, respective licensees, successors, and assigns.
  • All of your User Contributions do and will comply with the Terms of Use.

You understand and acknowledge that you are fully responsible for any User Contributions you submit or contribute. This includes, without limitation, being fully responsible for the legality, reliability, accuracy, and appropriateness of any content that your User Contributions contain.

We are not responsible, or liable to any third party, for the content and accuracy of any User Contribution submitted by you or any other user of the Website.

Monitoring, Enforcement, and Termination
We have the right to:

  • Remove or refuse to post any User Contribution for any or no reason at our sole discretion.
  • Take any action with respect to any User Contribution that we, at our sole discretion, deem necessary or appropriate, including if we believe the User Contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users or the public, or may create liability of any person or entity.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violated their rights, including their intellectual rights or their right to privacy.
  • Take appropriate legal action including, without limitation, referring to law enforcement to investigate suspected illegal or unauthorized use of the Website.
  • Terminate or suspect your access to all or part of the Website for any or no reason including, without limitation, any violation of the Terms of Use.

Without limiting the foregoing, we reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of any Website user.

YOU WAIVE AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES, ITS LICENSEES, AND ITS SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR AS A RESULT OF, INVESTIGATIONS INTO SUSPECTED ILLEGAL ACTIVITIES, AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not review all materials before they are posted on the Website, and cannot ensure prompt removal of objectionable materials after they have been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided on or through the Website by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.

Content Standards
The following content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must also comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable material.
  • Promote sexually explicit or pornographic materials; violence; or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe on a patent, trademark, trade secret, copyright, other intellectual property, or other rights of any person or entity.
  • Violate the legal rights (including, without limitation, rights of publicity and privacy) of others, or contain any material that could result in any civil or criminal liability under applicable laws or regulations.
  • Contain materials that otherwise may conflict with the Terms of Use or our Privacy Policy.
  • Be likely to deceive any person or entity.
  • Promote an illegal activity, or advocate, promote, or assist any such activity.
  • Cause annoyance or inconvenience, or be likely to upset, embarrass, alarm, or annoy, any other person or entity.
  • Impersonate any other person or entity.
  • Misrepresent your identity or affiliation with any other person or entity.
  • Involve commercial activities or sales (including, without limitation, contests, sweepstakes, barter, advertising, or sales promotions).
  • Give the impression that User Contributions originated from, or were endorsed by, the Company or any other person or entity, if that is not the case.


Copyright Infringement
We take claims of copyright infringement seriously. It is the Company’s policy to terminate the user accounts of repeated infringers, and we will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials, or access to them, from the Website by submitting written notification to our Copyright Agent (designated below).

In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated Copyright Agent to receive DMCA Notices is:

Kenneth Parker, Esq.

Parker Keough, LLP

P.O. Box 590006

Newton, MA 02459

Phone: 617.275.3040
Email: kparker@parkerkeough.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you, any other visitor to the Website, or by anyone who may be informed of its contents.

This Website may include content provided by third parties (including, without limitation, materials provided by other users, bloggers, third-party licensors, syndicators, aggregators, and reporting services). Other than content provided by the Company, all statements and opinions expressed in these materials, and all responses to questions and other content, are solely the opinions and responsibility of the person or entity providing these materials. We are not responsible, or liable to you or any third party, for the content and accuracy of any materials provided by any third parties.

Changes to the Website
We may update or remove the contents of this Website from time to time, but Website contents are not necessarily complete or up-to-date. We are under no obligation to update any material on the Website irrespective of whether it is out of date at any given time.

Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy. By using the website, you consent to all actions taken by us with respect to your information, or information about your activities, in compliance with the Privacy Policy.

Linking to Our Website
You may link to our homepage, provided that you do so in a way that is fair, legal, and does not damage or take advantage of our reputation. You may not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our prior written consent. If the Website provides features that allow users to:

  • Link from their own or third-party website to certain content on this Website;
  • Send emails or other communications with certain content, or links to certain content, on this Website; or
  • Cause limited content from the Website to be displayed on your own or third-party websites;

then you may use these features solely as they are provided by us, and only with respect to the content they are displayed with, in accordance with any additional terms and conditions we may provide with respect to such features. You may not:

  • Establish a link from any website that is not owned by you;
  • Cause the Website or portions of it to be displayed, or appear to be displayed, by framing, deep linking, in-line linking, or any similar means on any other website;
  • Otherwise take any action with respect to materials on this Website that is inconsistent with any other provision of the Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in the Terms of Use. You agree to cooperate with us in immediately removing any unauthorized framing or linking to the Website.
We reserve the right to withdraw linking permission at our sole discretion without notice. We may also disable all or any features provided on the Website without notice at our sole discretion.

Links from the Website
If the Website contains links to other sites or materials provided by third parties, these links are provided for your convenience only. This includes links containing advertisements (including, but not limited to, banner advertisements and sponsored links). We exercise no control over the content of those sites or resources, and as such, we accept no responsibility for them or for any loss or damages that may arise from your use of them. If you choose to access any third-party website linked from this Website, you do so entirely at your own risk and subject to the terms of conditions for those third-party websites.

Geographical Restrictions
The owner of the Website is based in the state of Massachusetts in the United States. The Website and its contents are intended for use by persons located in the United States, and accordingly, we make no claims that the Website or any Website contents are accessible or appropriate outside the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and entirely at your own risk.

Disclaimer of Warranties
You acknowledge and agree that we cannot and do not guarantee or warrant that files available for download form the Internet or Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures, security measures, and means external to the Website to satisfy your particular requirements for anti-virus protection, accuracy of data input and output, and reconstruction of any lost data.

YOU AGREE THAT WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YORU COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE; ANY SERVICE OR ITEMS OBTAINED THROUGH THE WEBSITE; OR THE DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITE, OR ANY SITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENTS, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENTS, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.

WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENTS, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE; RELIABLE; ERROR-FREE; UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE WEBSITE, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, ITS LICENSORS, ITS SERVICE PROVIDERS, ITS EMPLOYEES, ITS AGENTS, ITS OFFICERS, OR ITS DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE, OR INABILITY TO USE, THE WEBSITE; ANY SITES LINKED TO THE WEBSITE; ANY CONTENT ON THE WEBSITE OR SUCH OTHER SITE LINKED TO IT; OR ANY SERVICE OR ITEM OBTAINED THROUGH THE WEBSITE OR SUCH OTHER SITE LINKED TO IT.

THIS INCLUDES, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES FOR, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, AND LOSS OF DATA, WHETHER CAUSED BY TORT, BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, its licensors, its service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from, and against, any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorney’s fees) arising out of, or related to, your violation of the Terms of Use or your use of the Website. This includes, but is not limited to, your User Contributions, any use of the Website’s contents, your use of any information obtained from the Website, and services and products other than those expressly authorized under the Terms of Use.

Governing Law and Jurisdiction
All matters relating to the Website and the Terms of Use, and any dispute or claim arising therefrom or relate thereto (which, in each case, includes non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Massachusetts without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, the Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Massachusetts, in each case located in Cambridge and/or Middlesex County. You waive any and all objections to the exercise of jurisdiction over you by such courts and venue in such courts.

Arbitration
At the Company’s sole discretion, it may require you to submit any dispute arising from the Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying, and as applicable under, Massachusetts state law.

Waiver and Severability
No waiver of any term of condition set forth in the Terms of Use by the Company shall be deemed a further or continuing waiver of such term or condition, or a waiver of any other term or condition. Any failure of the Company to assert a right or provision under the Terms of Use shall not constitute a waiver of such right or provision.

If a court or other tribunal of competent jurisdiction holds any provision of the Terms of Use to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent so that the remaining provisions of the Terms of Use shall continue in full force and effect.

Entire Agreement
The Terms of Use, our Privacy Policy, and applicable End User License Agreement for any of the Company’s products constitute the sole and entire agreement between you and the Company with respect to the Website, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns
This website is operated by:
Lexica Global Language Systems, LLC
203-C Holden Green
Cambridge, MA 02138

All notices of copyright infringement claims should be sent to the copyright agent designated in the manner, and by the means, set forth in the Terms of Use.

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: info@lexicaglobal.com