ROSETTA STONE ONLINE SERVICES
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE ROSETTA STONE SERVICE. THESE TERMS CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU AND RSL. YOU MUST READ AND AGREE TO THESE TERMS BEFORE USING THE ROSETTA STONE SERVICE. BY CHECKING A BOX INDICATING YOU ACCEPT THESE TERMS, OR BY ACCESSING OR USING THE ROSETTA STONE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE THE ROSETTA STONE SERVICE. Please print a copy of the Terms for your records.
License to Use the Rosetta Stone Service for Permitted Use
Upon your acceptance of these Terms and your successful completion of the registration for any Rosetta Stone Service (as applicable), RSL grants you a limited, personal, non-transferable, non-exclusive license to access and use the Rosetta Stone Service for your private, non-commercial use solely for personal learning and entertainment purposes only, in accordance with these Terms.
By accessing or using the Rosetta Stone Service, you warrant and represent that you will use the Rosetta Stone Service for personal learning and entertainment purposes only and that you will not use the Rosetta Stone Service for any commercial or other purpose or allow any other person to access or use the Rosetta Stone Service. You specifically agree not to sell, lease or rent access to the Rosetta Stone Service or any content or otherwise transfer any rights to use the Rosetta Stone Service.
If your access and use of the Rosetta Stone Service required the payment of a fee or charge, your license to access and use the Rosetta Stone Service is for the limited period of time specified in your purchase, and RSL may suspend or terminate your access and use of the Rosetta Stone Service if you fail to pay the required fee or charge pursuant to the terms of your purchase.
Changes to these Terms
In order to participate in certain activities or services through the Rosetta Stone Service, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from RSL Supplemental terms and conditions may apply to some Rosetta Stone Services, such as rules for a particular service or activity or terms that may accompany certain software or content accessible through the Rosetta Stone Service. Supplemental terms and conditions will be disclosed to you in connection with such service or activity. Any supplemental terms and conditions are in addition to these Terms and, in the event of a conflict, prevail over these Terms. If you are also subject to the Rosetta Stone End User License Agreement, these Terms will prevail over any inconsistent or conflicting terms of the End User License Agreement. If you are receiving access to a Rosetta Stone Service from or through an educational institution, government agency or business enterprise, which is a party to a Rosetta Stone Enterprise License or similar agreement, the terms of such Enterprise License Agreement will prevail.
Changes to a Rosetta Stone Service
RSL reserves the right, in its sole discretion and without incurring any liability to you, to (a) update, improve, replace, modify or alter all or any part of any Rosetta Stone Service at any time, but is not obligated to do so, and/or (b) impose limitations on your usage of a Rosetta Stone Service. RSL will not be liable to you or any third party should it exercise the right to modify or discontinue the Rosetta Stone Service or impose usage limitations on your use of any Rosetta Stone Service. If you object to any such changes, your sole recourse will be to cease access to the Rosetta Stone Service. Continued access to the Rosetta Stone Service following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Rosetta Stone Service.
Applicable Laws and Regulations
Your license to access and use the Rosetta Stone Service is subject to all applicable restrictions or requirements of applicable law, including laws and regulations related to Voice over Internet Protocol and other transmission technologies. You are responsible for complying with all applicable laws and regulations in connection with your access to and use of the Rosetta Stone Service, and such further limitations as may be set forth in any written or online notice from RSL. As a condition of your license to access and use the Rosetta Stone Service, you warrant that you will not use the Rosetta Stone Service for any purpose that is unlawful or prohibited by applicable law or regulation.
Registration and Eligibility
Unless otherwise specified by Rosetta Stone, registration for and use of any Rosetta Stone Service is limited to those persons who are thirteen (13) years of age or older in the United States or another age specific to certain countries pursuant to local law, provided however, a younger person may be permitted to register or be registered by a parent or legal guardian, or under the direction and administration of an educational institution, in compliance with the requirements of applicable local law. Except for the foregoing, if you are under the required age, do not access or attempt to use the Rosetta Stone Service or website. Rosetta Stone reserves the right to restrict certain activities or services on or within a Rosetta Stone Service to users who are of a certain age or who possess a minimum level of proficiency or fluency in a particular language and/or other skill as defined during the registration process, as determined by Rosetta Stone in its sole discretion.
You are responsible for maintaining the confidentiality of any password you provide or are provided during the registration process, and you are responsible for all activities that occur under your password or account. You agree not to share your password with any other person, and you agree to immediately notify RSL of any unauthorized use of your password or email address or any other breach of security relating to the Rosetta Stone Service. RSL reserves the right to require you to change your password for network security reasons.
User Content and Communications
You agree that your User Contributions, whether oral, visual or textual, will not contain any material, contents or information that:
(a) violates or infringes any patent, copyright, trademark, trade secret or any other intellectual property rights of any other person or entity or the privacy or publicity rights of another person;
(b) is obscene, libelous, defamatory, threatening, harassing, bullying, abusive, malicious, hateful, sexually-explicit, pornographic or embarrassing or alarming to any other person or entity;
(c) advocates, promotes, incites, instructs, informs, assists or otherwise encourages violence or other illegal activities, or involves fraud, stalking, or otherwise violating the legal rights of others;
(d) is harming to or attempts to harm children or attempts to exploit children in any way or seeks to obtain personally identifiable information about children;
(e) attempts to mislead others about your identity or the origin of a message or other communication, or impersonates or otherwise misrepresents your affiliation with any other person or entity, or is otherwise materially false, misleading, or inaccurate or otherwise objectionable, all as determined by RSL in its sole discretion;
(f) violates any applicable law or regulation (including, without limitation, any U.S. or foreign laws restricting the export of data);
(g) constitutes or contains junk mail, spam, advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes;
(h) seeks to solicit Rosetta Stone Service users, members or guests to join or utilize outside products, sites or online services or organizations; or
(i) contains viruses, Trojan horses, worms, time bombs, or other computer programming routines, engines or other software, data or programs that are intended to or may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, information, or property of the Rosetta Stone Service or of any other person.
Prohibited Uses Generally
Without limiting the foregoing, you agree not to:
(a) delete or revise any material or other information of any other user of the Rosetta Stone Service;
(b) disclose, harvest or otherwise collect information about others, including email addresses, without their consent, or engage in any systematic extraction of data or data fields from the Rosetta Stone Service;
(c) copy, modify, translate, or collect any Content from the Rosetta Stone Service that can be used to create derivative works of all or any part of the Rosetta Stone Service;
(d) take any action that imposes an unreasonable or disproportionately large load on the Rosetta Stone Service’s infrastructure, including but not limited to, consuming a disproportionate amount of CPU time, bandwidth, memory storage space, or any other system or network resource;
(e) use any device, software or routine to interfere or attempt to interfere with the proper working of the Rosetta Stone Service, or any activity being conducted on or in the Rosetta Stone Service;
(f) use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatar’s or intelligent agents) to navigate or search the Rosetta Stone Service other than the search engine and search agents available from the Rosetta Stone Service and other than generally available third-party web browsers (e.g., Mozilla Firefox and Microsoft Internet Explorer);
(g) attempt to decipher, decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the Rosetta Stone Service or used in providing the services offered by the Rosetta Stone Service; or
(h) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users are able to type, or otherwise act in a manner that negatively affects other users’ abilities to engage in real time exchanges.
You further agree not to violate or attempt to violate the security of the Rosetta Stone Service, including, without limitation:
(i) attempting to access or accessing data not intended for you or attempting to log-in, or logging into a server, account, materials, service, system or network that you are not authorized to access through any means;
(j) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization or engage in any denial-of-service or distributed denial-of-service attack upon the Rosetta Stone Service;
(k) attempting to interfere with service to any user, host, or network, or using the Rosetta Stone Service or the services provided through the Rosetta Stone Service in any manner that could damage, disable, overburden or impair any server, the networks connected to any server, or interfere with any other party's use or enjoyment of the Rosetta Stone Service; or
(l) obtaining or attempting to obtain any materials or information through any means not intentionally made available through the Rosetta Stone Service.
Violations of system or network security may result in civil or criminal liability. In accordance with these Terms, RSL will investigate and work with law enforcement authorities to prosecute users who are involved in such violations.
If you wish to report a violation of these Prohibited Uses or any other violations of these Terms, please click on the "Report Abuse" link provided in connection with the Rosetta Stone Service.
Termination and Suspension
You agree and accept that RSL, including its authorized agents, may, with or without notice, suspend, terminate, or limit your right to access and use of the Rosetta Stone Service and/or of any service provided by RSL through the Rosetta Stone Service or in conjunction with the Rosetta Stone Service if you violate any applicable law or regulation or fail to comply with any provision of these Terms, or any other agreement pertaining to the use of the Rosetta Stone Service , as determined by RSL in its sole discretion. RSL's instructors and other users may report any actual or potential violations of the Terms at any time, and RSL reserves the right to suspend, terminate, or limit the services you may use on or in the Rosetta Stone Service based upon such reported actual or potential violations, or for any other reason, in RSL's sole discretion. If RSL terminates your use of a Rosetta Stone Service because you have breached the Terms, you shall not be entitled to a refund of any portion of the fees or payments (if any) that you paid for your license to access and use such Rosetta Stone Service, and shall remain obligated to pay the remainder of any unpaid portion of the purchase price that you agreed to pay for your license to access and use the Rosetta Stone Service.
You acknowledge that RSL may establish general practices and limits concerning use of the Rosetta Stone Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded content will be retained by the Rosetta Stone Service , the maximum number of email messages or other content that may be sent from or received by an account on or in the Rosetta Stone Service, the maximum size of any email message, attachment, or other content that may be sent from or received by an account on or in the Rosetta Stone Service, the maximum disk space that will be allocated on the Rosetta Stone Service servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Rosetta Stone Service or utilize certain Rosetta Stone Service components or features in a given period of time. You agree that RSL has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Rosetta Stone Service.
You acknowledge that RSL reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that RSL reserves the right to modify these general practices and limits from time to time, and in RSL's sole discretion.
You also acknowledge that the Rosetta Stone Service and data (such as email messages, message board postings or other uploaded content) may be hosted in the United States of America or such other countries as RSL may deem appropriate, and you hereby consent to the storage in the United States of America or such other country(ies) as RSL may choose to host and store data.
Third-Party Content and Third-Party Services
If you access a Rosetta Stone Service using an operating system-powered device, the owner of the applicable operating system (e.g., Apple Inc., Google, Inc. Microsoft Corporation, etc.) is not a party to this contract and is not responsible for the provision or support of the Rosetta Stone Service. However, you agree that your access to the Rosetta Stone Service using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.
When you access the Rosetta Stone Service through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain Rosetta Stone Services may be prohibited or restricted by your network provider and not all Rosetta Stone Services may work with your network provider or device.
You acknowledge and agree that by accessing or using the Rosetta Stone Service you may be exposed to opinions or materials uploaded, submitted or expressed by other users that may be offensive, indecent, or otherwise objectionable to you. You acknowledge that RSL may, but is not required to, monitor the Rosetta Stone Service, and that RSL has no liability to you for any third party content. You may report content or actions you believe may be in violation of these Terms to RSL by clicking on the "Report Abuse" link provided in connection with the Rosetta Stone Service.
Digital Content and Virtual Items
We may make applications, games, software or other digital content available on the Rosetta Stone Service for you to license for a one-time fee or paid subscription basis. When purchasing a license to access such material from a Rosetta Stone Service, charges will be disclosed to you on the Rosetta Stone Service before you complete the license purchase.
Your purchase of a virtual item or in-game currency is a payment for a limited, non-assignable license to access and use such content or functionality in the Rosetta Stone Service, and is subject to these Terms. Virtual items or in-game virtual currency purchased or available to you in the Rosetta Stone Service can only be used in connection with the Rosetta Stone Service where you obtained them or where they were developed by you as a result of game play or your use of the particular Rosetta Stone Service. These items are not redeemable or subject to refund and cannot be traded outside of the specific Rosetta Stone Service for money or other items for value. We may modify or discontinue virtual items or in-game currency at any time.
Disclaimer of Warranties
YOUR USE OF THE ROSETTA STONE SERVICE, ITS CONTENT AND ANY RELATED SERVICE IS AT YOUR OWN RISK. THE ROSETTA STONE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER RSL NOR ANY PERSON ASSOCIATED WITH RSL MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE ROSETTA STONE SERVICE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RSL DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (a) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (b) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (c) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE ROSETTA STONE SERVICE, (d) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA MADE AVAILABLE ON THE ROSETTA STONE SERVICE OR OTHERWISE BY RSL, AND (e) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY RSL OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE ROSETTA STONE SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
RSL MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT THE INFORMATION PROVIDED THROUGH THE ROSETTA STONE SERVICE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THE ROSETTA STONE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR GEOGRAPHIC LOCATION; (c) THAT DEFECTS OR ERRORS IN THE ROSETTA STONE SERVICE WILL BE CORRECTED; OR (d) THAT THE CONTENT ON THE ROSETTA STONE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE ROSETTA STONE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND RSL DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES.
ANY AND ALL PRICING, DELIVERY, OR CONTRACT INFORMATION IS SUBJECT TO FINAL CONFIRMATION BY RSL. YOUR RELIANCE ON SUCH INFORMATION PROVIDED SOLELY THROUGH THE ROSETTA STONE SERVICE IS AT YOUR OWN RISK.
Limitation of Liability
IN NO EVENT WILL RSL OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE ROSETTA STONE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO EMOTIONAL DISTRESS, LOSS OF REVENUE OR ANTICIPATED SAVINGS OR LOSS OF DATA, ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE ROSETTA STONE SERVICE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH USE OF THE ROSETTA STONE SERVICE, YOU RELEASE RSL AND ITS AFFILIATES FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE. IN NO EVENT SHALL THE TOTAL COLLECTIVE LIABILITY OF RSL, ITS AFFILIATES, AND THEIR EMPLOYEES, LICENSORS OR CONTRACTORS FOR ALL DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE ROSETTA STONE SERVICE EXCEED THE AMOUNT PAID BY YOU TO RSL FOR THE LICENSE TO ACCESS AND USE THE ROSETTA STONE SERVICE.
The limitations stated above apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if RSL has been advised of the possibility of such damage. If and to the extent that any jurisdiction does not allow the exclusion or limitation of direct, incidental or consequential damages, RSL’s liability in such jurisdiction shall be limited to the full extent permitted by law.
THESE DISCLAIMERS AND LIMITATIONS DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT CE EXCLUDED UNDER THE LAW IN YOUR PLACE OF LEGAL RESIDENCE.
Intellectual Property Rights
RSL or its third-party licensors own all rights, title and interest in and to the Rosetta Stone Service and all of its content, features and functionality, the selection, coordination, and arrangement of the content, the trademark ‘Rosetta Stone’, and other marks and logos related to the Rosetta Stone Service and URLs such as rosettastone.com and the trade dress, and look and feel of the Rosetta Stone Service, all of which are protected by various laws including, without limitation, copyright, trademark, and trade secrecy law. You may own the physical media on which elements of the Rosetta Stone Service is delivered to you, but we retain full and complete ownership of the Rosetta Stone Service. No right, title or interest in or to the Rosetta Stone Service is transferred to you, and all rights not expressly granted to you are reserved by the RSL. Any use of the Rosetta Stone Service not expressly permitted by these Terms is a breach of these Terms and may also violate copyright, trademark and other laws. Any reproduction, copying, publication, modification, or redistribution of the Rosetta Stone Service except as expressly provided in these Terms is strictly prohibited without RSL’s prior written consent. Requests for permission to reproduce any content must be made in writing to:
Rosetta Stone Ltd.
Attention: Legal Department
135 W. Market Street
Harrisonburg, VA 22801
Without limiting the foregoing, you specifically may not falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations, or labels of the origin or source of software or other material contained in any files.
If you suggest new content, features or functionality that RSL, in its sole discretion, incorporates in the Rosetta Stone Service, such new content, features or functionality will be the sole and exclusive property of RSL and you hereby waive and release all rights and claims to the same.
As stated above, RSL may monitor activity on the Rosetta Stone Service. This monitoring may include the general tracking of your activity on the Rosetta Stone Service (the "Activity Data"). RSL may utilize data capture, syndication, and analysis tools, and other similar tools, to extract, compile, synthesize, and analyze Activity Data and any non-personally identifiable data or information resulting from your use of the Rosetta Stone Service. To the extent that any Activity Data is collected by RSL, such Activity Data will be solely owned by RSL and may be used by RSL for any lawful purpose, provided that the Activity Data is only disclosed to third parties in an anonymized and aggregated form and in a manner that does not permit the identification of you. RSL agrees to comply with applicable privacy and other laws and regulations respecting the dissemination and use of such Activity Data.
Governing Law, Arbitration, Jury Trial Waiver, Class Action Waiver, and Forum Selection
These Terms will be governed in all respects by and construed in accordance with the laws of the Commonwealth of Virginia, USA, without reference to its principles relating to conflicts of law.
All controversies, disputes, demands, counts, claims, or causes of action between you and RSL arising out of, under, or related to these Terms or our privacy practices (including any action we take or authorize with respect to information about or provided by you) shall be settled exclusively through binding arbitration, subject to the following:
(b) You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
(c) You and RSL must abide by the following rules: (i) for any claim that could otherwise be brought in small claims court, the arbitration shall be conducted solely based on written submissions and, if the arbitrator deems it appropriate, a telephonic hearing; (ii) if the claim exceeds what can be recovered in a small claims court, the arbitration shall be conducted solely based on written submissions or a telephonic hearing, unless the arbitrator deems a face-to-face hearing is appropriate, in which case one arbitral hearing will be held in the Washington, D.C. metropolitan area unless you and RSL agree to another location; (iii) the arbitrator’s ruling is binding and not merely advisory; (iv) ANY CLAIMS BROUGHT BY YOU OR RSL MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (v) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING; (vi) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, RSL will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (vii) RSL also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (viii) the arbitrator shall honor claims of privilege and privacy recognized at law; (ix) a decision by the arbitrator (including any finding of fact and/or conclusion of law) against either you or RSL shall be confidential unless otherwise required to be disclosed by law or by any administrative body and may not be collaterally used against either of them in existing or subsequent litigation or arbitration involving any other person/RSL customer; and (x) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its attorneys’ fees’ and litigation expenses.
(e) With the exception of subparts (iv) and (v) in subsection (c) above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subpart (iv) or (v) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor RSL shall be entitled to arbitration. In the event this arbitration provision is held unenforceable by a court, or in the event AAA refuses to arbitrate the dispute, all controversies, disputes, demands, counts, claims, or causes of action between you and RSL shall be exclusively brought in the state or federal courts specified in subsection (d) above.
(f) For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
You hereby release RSL, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) your use of the Rosetta Stone Service(s), or (ii) your purchase of any Rosetta Stone Service(s). You hereby waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor", and you waive any other similar provision of the laws of any other applicable jurisdiction.
The provisions of these Terms which expressly or by their nature should survive termination of these Terms shall survive such termination.
The failure of RSL to enforce any provisions of these Terms or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of the Terms or to act with respect to similar breaches. Any waiver of any provision of the Terms will be effective only if in a writing signed by RSL.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and RSL as a result of the Terms or your access to and use of the Rosetta Stone Service. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Unless otherwise specified herein, the Terms constitute the entire agreement between you and RSL with respect to your use of the Rosetta Stone Service and supersedes all prior or contemporaneous understandings regarding such subject matter. If any provision of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect. RSL may assign the Terms and right granted hereunder, in whole or in part, at any time with or without notice to you. You may not assign, delegate or otherwise transfer the Terms or assign, transfer or sublicense any of your rights under the Terms.
Notice of Copyright Infringement
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512, RSL has designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, your may provide RSL's Copyright Agent the following information:
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 Rosetta Stone 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;
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; and
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
United States law provides significant penalties for submitting such a statement falsely.
RSL's Copyright Agent for Notice of claims of copyright infringement can be reached as follows: by e-mail at firstname.lastname@example.org or by mail at:
Rosetta Stone Ltd.
Attention: Copyright Agent
135 W. Market Street
Harrisonburg, VA 22801
Upon receipt of the written notification containing the information specified above:
(a) RSL may remove or disable access to the material that is alleged to be infringing;
(b) RSL may forward the written notification to such alleged infringer; and
(c) RSL may take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
If the alleged infringer believes that a notice of copyright infringement has been wrongly filed against it and it would like to submit a counter-notification, it may file a Counter-Notification in Response to Claim of Copyright Infringement with RSL's Copyright Agent.
To be effective, a Counter-Notification must be a written communication provided to RSL's Copyright Agent for Notice that includes the following information:
A physical or electronic signature of the alleged infringer;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
The alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the alleged infringer’s address is outside of the United States, for any judicial district in which RSL may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a Counter-Notification containing the information specified above:
(a) RSL may promptly provide you with a copy of the Counter-Notification;
(b) RSL may inform you that it will replace the removed material or cease disabling access to it within ten (10) business days; and
(c) RSL may replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter-Notification, provided RSL's Copyright Agent for Notice has not received notice from you that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on RSL's network or system.
You may want to seek the advice of independent legal counsel before filing a notification or counter-notification.
Copyright © 2013 Rosetta Stone Ltd. All rights reserved.
Last Revised: October 1, 2013