Terms and Conditions
- General
- Registration
- to provide accurate, current and complete information about you as requested;
- that you will not share your password or let anyone else access or compromise your account;
- to maintain and promptly update any registration information you provide to LinguaCam, to keep such information accurate, current and complete; and
- to be fully responsible for all use of your account and for any actions that take place through your account.
- User Content
- Your Licence to LinguaCam
- Using the LinguaCam Site
- Inappropriate Content
- Acceptable Use Conditions
- You agree to use the LinguaCam Site only for lawful purposes and your use is in no way unlawful or fraudulent, and does not have the intention or effect of damaging us either reputationally or financially;
- You agree not to attempt to gain unauthorized access to the LinguaCam Site, other accounts, computer systems, or networks connected to any LinguaCam Site server through hacking, password mining, or any other means;
- You agree not to scrape, or otherwise download in bulk, any LinguaCam Site content, including but not limited to a list or directory of users on the system, User Content or user information, or trademarks and logos.
- You agree not to use or access the LinguaCam Site for the purpose of harming or attempting to harm minors in any way;
- You agree not to distribute all or any part of the LinguaCam Site in any medium without our prior written consent, unless such distribution is offered through the functionality of the LinguaCam Site and permitted by these Terms and Conditions;
- You agree not to alter or modify any part of the LinguaCam Site;
- You agree not to access the LinguaCam Site through any technology other than the software provided by us or enabled via API’s or other generally available third-party web browsers such as Chrome, FireFox, Safari or Internet Explorer;
- You agree not to (and will not attempt to) circumvent, disable or otherwise interfere with any security related features of the LinguaCam Site or any features that (i) prevent or restrict use or copying of content or (ii) enforce any limitations on you, the use of the LinguaCam Site;
- You agree not to knowingly transmit any data or send or submit any content that contains viruses, Trojan horses, worms, time-bombs, key-stroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
- You agree to use the LinguaCam Site in a way which does not infringe the rights of third parties or restrict or prevent anyone else’s use and enjoyment of the LinguaCam Site;
- You agree not to ask for, collect or harvest any personal data of any user of the LinguaCam Site;
- You agree not to post, upload, email or otherwise transmit to or otherwise cause us to email, transmit or otherwise distribute chain letters, surveys or studies, calls to action, junk mail, pyramid schemes, incentives (monetary or click-based), spam, or bulk communications of any kind, whether or not for commercial or non-commercial purposes;
- You will not copy, reproduce, create derivative works of, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content contained on the LinguaCam Site for any other purpose other than as permitted by these Terms and Conditions without our prior written consent;
- You agree not to use the LinguaCam Site in any manner intended to damage, disable, overburden or impair any LinguaCam server or the network(s) connected to any LinguaCam server, or infringe any requirements, procedures, policies or regulations of any servers or networks connected to the LinguaCam Site;
- You agree not to use any high volume, automated, or electronic means to access the LinguaCam Site (including without limitation robots, spiders or scripts);
- You agree not to frame the LinguaCam Site, place pop-up windows over its pages, or otherwise affect the display of its pages;
- You agree not to access or attempt to access any other user’s account or falsely state, impersonate, or otherwise misrepresent your identity, including but not limited misrepresenting your affiliations with a person or entity, past or present;
- You agree not to force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the LinguaCam Site; and
- You agree not to send, knowingly receive, submit, download, use or reuse any User Content or other material which does not comply with these Terms and Conditions and Privacy and Cookies Policy.
- Notice and Takedown Policy
- statement telling us you believe that you have found content on the LinguaCam Site which you believe infringes your intellectual property rights;
- which country your intellectual property rights apply to;
- the title of the content or identification of the content that is claimed to be infringing or the subject of infringing activity;
- statement explaining how the content infringes your intellectual property rights;
- contact details, e.g. your phone number and email address so that we can contact you;
- a statement that the information contained in the notice is accurate and that you are the owner of the intellectual property rights or are authorized to act on behalf of the owner of the intellectual property rights; and
- your signature (an electronic signature is sufficient).
- Third Party Links
- LinguaCam Intellectual Property Rights; Trademarks
- Indemnity
- Disclaimer of Warranty and Limitation of Liability
- Termination
- if we reasonably believe you or any user you are connected with are in breach of any of these Terms and Conditions;
- in order to prevent any fraudulent, unlawful or abusive activity; or
- if it is necessary to prevent or stop any harm or damage to us, other users of LinguaCam Site or the general public.
- Severance
- Third Party Rights
- Assignment
- Entire Agreement
- Waiver
- Governing Law and Jurisdiction
LinguaCam websites and mobile applications and related services consist of all content and pages located within the linguacam@mmll.cam.ac.uk web domains and all LinguaCam mobile applications (collectively, the "LinguaCam Site"). The LinguaCam Site is operated by the Chancellor, Masters and Scholars of the University of Cambridge (“University”) acting through its Faculty of Modern and Medieval Languages and Linguistics (“LinguaCam,” “us,” or “we”).
Access and use of the LinguaCam Site is subject to the following Terms and Conditions of service (“Terms and Conditions”). By accessing or using any part of the LinguaCam Site, you represent that you have read, understood, and agree to be bound by these Terms and Conditions including any future modifications, whether or not you are a registered user.
Please also read the Privacy and Cookies Policy for the LinguaCam Site, which describes how your personal data is collected and processed when you use the LinguaCam Site. If you do not understand or do not wish to be bound by these Terms and Conditions and Privacy and Cookies Policy, you should not use the LinguaCam Site.
LinguaCam reserves the right to modify these Terms and Conditions at any time. Any changes to these Terms and Conditions will be effective immediately upon posting on this page, with an updated effective date. By accessing the LinguaCam Site after any changes have been made, you signify your agreement to the modified Terms and Conditions and all of the changes.
In connection with registering for and using the LinguaCam Site, you agree:
Throughout your use of the LinguaCam Site (that includes a digital platform repository for original videos made by students for practice use, e.g. transcription and translation), you may be able to provide content to the LinguaCam Site by upload, submission, or posting, such content including but not limited to videos and other media, forum/wiki posts, notes, questions, comments, and file uploads (collectively, “User Content”).
You agree that you are responsible for your own use of the LinguaCam Site and for your User Content.
You acknowledge that you will not receive compensation for your activities as a contributor of User Content or for our use of any User Content you upload, submit or post to the LinguaCam Site.
We do not claim ownership of any User Content you may submit or make available for inclusion on the LinguaCam Site. Accordingly, subject to the licence granted to us below, you will be the sole and exclusive owner of all rights, title and interest in and to your User Content.
As a condition of submitting any User Content to the LinguaCam Site, you hereby grant to LinguaCam a worldwide, non-exclusive, transferable, assignable, sub-licensable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute, redistribute, relicense, and otherwise use, make available, and exploit your User Content on the LinguaCam Site and for any purpose associated with the LinguaCam Site, in whole or in part, in any form and in any media formats and through any media channels.
You represent that you own or have secured all legal rights necessary for the User Content submitted by you to be used by you, LinguaCam, and others as described and otherwise contemplated in these Terms and Conditions.
You understand that other users of the LinguaCam Site will have access to the User Content and that neither they or LinguaCam have any obligation to you or anyone else to maintain the confidentiality of the User Content.
LinguaCam reserves the right to pre-review or post-review User Content to ensure that it complies with these Terms and Conditions and to exercise its sole discretion to edit or remove, in whole or in part, any User Content at any time and for any reason. Without limiting the foregoing, upon receiving notice from a user or a content owner that specific User Content allegedly does not conform to these Terms and Conditions, LinguaCam may investigate the allegation and determine in its sole discretion whether to remove the User Content, which it reserves the right to do at any time and without notice.
Subject to your compliance with these Terms and Conditions, we grant you a fully revocable, worldwide, non-exclusive, non-transferable, non-sub-licensable limited right and licence to access, internally use and display LinguaCam content as an individual only at your location solely as necessary to browse and/or participate in the LinguaCam Site as permitted by these Terms and Conditions, and to download permitted content from the LinguaCam Site so that you may exercise the rights granted to you by these Terms and Conditions.
You must abide by all copyright notices or restrictions contained on the LinguaCam Site. You may not delete any attributions, legal or proprietary notices on the LinguaCam Site.
Certain content on the LinguaCam Site may be made available under one of the Creative Commons Non-Commercial Licences with a link to the full Licence. The content so licensed will be clearly identified and we acknowledge that the Creative Commons Licence will override certain of these Terms and Conditions as appropriate.
In using the LinguaCam Site, you may be exposed to content from other users that is factually inaccurate, offensive if taken out of context, indecent to certain people, or otherwise objectionable to you. We are not responsible (legally or otherwise) for any claims you may have against us in relation to this type of content. Neither LinguaCam nor any of the users of LinguaCam endorse any User Content or any opinion, recommendation or advice expressed therein.
However, LinguaCam reserves the right to pre-review or post-review User Content to ensure that it complies with these Terms and Conditions and to exercise its sole discretion to edit or remove, in whole or in part, any User Content at any time and for any reason. Without limiting the foregoing, upon receiving notice from a user or a content owner that specific User Content allegedly does not conform to these Terms and Conditions, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice.
You will not upload, display or otherwise provide on or through the LinguaCam Site any content that is libellous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights), or which may expose LinguaCam or LinguaCam Site users to any harm or liability of any kind.
Your access to and use of the LinguaCam Site is subject to the following conditions (“Acceptable Use Conditions”), and you agree that failure to comply with any one of the Acceptable Use Conditions will constitute a breach of these Terms and Conditions. The Acceptable Use Conditions are:
Any content included on the LinguaCam Site that infringes, or is likely to infringe, the intellectual property rights of any third party will be removed from the LinguaCam Site as soon as possible after we are made aware of such infringement or potential infringement.
If you are the owner of intellectual property rights, or are authorised to act on behalf of an owner, you should report any alleged infringements of your intellectual property rights taking place on or through the LinguaCam Site by emailing a Copyright Infringement Notice to linguacam@mmll.cam.ac.uk , containing at a minimum the details outlined below. We will take whatever action, in our sole discretion, we deem appropriate, including the removal of the challenged content.
When you notify us, your written Copyright Infringement Notice must contain the following:
The LinguaCam Site may contain links to third party websites, services or content that are not owned or controlled by LinguaCam. We do not endorse or assume any responsibility for any such third party sites, service or content. If you access any third party website, service or content from the LinguaCam Site, you understand that these Terms and Conditions and our Privacy and Cookies Policy do not apply to your use of such sites. You expressly acknowledge and agree that LinguaCam shall not be responsible or liable, directly or indirectly, for any damage or loss arising from your use of any third party website, service or content.
Other than any User Content submitted to the LinguaCam Site by you, we own or are licensed to use all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to the LinguaCam Site, including but not limited to the technology, source code, all content, software, scripts, images, graphics and audio (the “LinguaCam Site IPR”). The LinguaCam Site IPR is protected to the fullest extent possible by copyright laws. All such rights are reserved.
“LinguaCam,” “University of Cambridge” and all other trademarks, service marks, graphics and logos used in connection with the LinguaCam Site are trademarks or service marks of LinguaCam or their respective owners. Access and use of the LinguaCam Site does not grant or provide you with the right or license to reproduce or otherwise use the LinguaCam name or any University of Cambridge or third-party trademarks, service marks, graphics or logos.
You agree to keep us fully indemnified from and against all actions, claims, demands, costs, expenses, liabilities, loss, damages or other monetary relief brought, made or awarded against or incurred by us resulting (directly or indirectly) that may arise from your User Content, from your unauthorised use of the LinguaCam Site, or from your breach of these Terms and Conditions.
The LinguaCam Site is provided on an "as is" and "as available" basis for your use. We exclude all representations, warranties, conditions and terms express or implied by statute, common law or otherwise to the fullest extent permitted by law, including but not limited to any warranties of accuracy, reliability, title, merchantability, non-infringement, and fitness for a particular purpose. In no event shall LinguaCam be liable for any special, indirect, incidental, consequential or economic loss or damages, or any other losses or damages, howsoever caused arising out of or in connection with your use of the Lingua Cam Site, including (without limitation) any loss of profit (directly or indirectly), any loss of goodwill, and any loss of opportunity.
We make no representation or warranty that the operation of the LinguaCam Site will be timely, secure, uninterrupted or error-free and disclaim all liability in that respect to the greatest extent permitted by law. We do not guarantee that you will be able to access or use the LinguaCam Site at times or locations of your choosing, or that we will have adequate capacity for the LinguaCam Site as a whole or in any specific geographic area.
Liability will not be limited in the case of fraudulent misrepresentation, death or personal injury directly caused by our negligence, or any other liability to the extent such liability cannot be excluded or limited as a matter of applicable law.
We reserve the right to suspend your use of the LinguaCam Site at any time for operational, regulatory, legal or other reasons.
We may terminate your User Account or access/use of the LinguaCam Site with immediate effect:
If any of these Terms and Conditions are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remainder of these Terms and Conditions remain in full force and effect.
No third party is entitled to enforce any of the provisions in these Terms and Conditions, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 (which is expressly excluded) or otherwise.
We may freely transfer or assign any part of our rights or delegate our obligations under these Terms and Conditions. You are not entitled to transfer or assign, by operation of law or otherwise, any part of your rights or delegate your obligations under these Terms and Conditions without our prior written consent.
These Terms and Conditions set out the entire agreement between you and us and replace any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.
Any delay or failure by us to exercise any right we may have under these Terms and Conditions does not constitute a waiver by us of that right.
These Terms and Conditions, your use and access to the LinguaCam Site, and all other policies referred to herein are governed by and construed in all respects in accordance with the laws of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or their subject matter or formation.
Effective Date: 27 July 2020.