Terms and Conditions

THIS IS A BINDING LEGAL CONTRACT. PLEASE REVIEW IT CAREFULLY.

These Terms of Service form an agreement between you and Creative Empire, LLC d/b/a Mango Languages (“Mango”, “we”, “us”, or “our”) and cover your use, license and access to Mango owned and/or controlled websites, Chrome extensions, applications and related software services (collectively, “Site”) as well as related material, information, programming, products or anything of value (the “Services”). BY ACCESSING THE SITE OR USING THE SERVICES, WHICH MAY INCLUDE CREATING AN ACCOUNT, DOWNLOANDING OUR CHROME EXTENSION, AND/OR USING OUR APPLICATIONS YOU AGREE TO BE BOUND BY THIS CONTRACT AND ACKNOWLEDGE YOU HAVE REVIEWED OUR PRIVACY POLICY AND CONSENT TO FORMING THIS AGREEMENT ELECTRONICALLY.  UNLESS YOU AGREE TO THESE TERMS OF SERVICE, YOU ARE NOT AUTHORIZED TO USE OUR SITE OR ACCESS, STREAM, OR DOWNLOAD SOFTWARE, AUDIO OR VIDEO OR INTERACTIVE CONTENT, OR ANY MATERIALS ON THE SITE, INCLUDING WITHOUT LIMITATION TEXT, IMAGES, LOGOS, DATABASES, EMAILS, POSTED COMMENTS OR REVIEWS (collectively “Content”). The Site, Services and Content are referred to collectively herein as the “Mango Products”.

We may make improvements and/or changes in the Mango Products, add new features, or terminate the Site or any of the Mango Products at any time without notice. YOU AGREE THAT YOU WILL REVIEW THIS AGREEMENT PERIODICALLY AND THAT YOU SHALL BE BOUND BY THIS AGREEMENT AND ANY MODIFICATIONS TO IT.

PLEASE NOTE THAT THESE TERMS OF SERVICE REQUIRE THE USE OF MANDATORY BINDING ARBITRATION, AND ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. MORE INFORMATION ABOUT ARBITRATION IS INCLUDED IN THE MANDATORY ARBITRATION OF DISPUTES SECTION BELOW.

Some terms may not apply to you, depending on where you are in the world. It is your responsibility to look out for any notices explaining terms that are relevant to particular countries only.

These Terms of Service were last updated on March 8, 2024.

1. ACCEPTANCE:

These Terms of Service (the “Agreement” or “Terms of Service”) is between you and Creative Empire, LLC, d/b/a Mango Languages, a Michigan limited liability company. By accessing and using the Mango Products, you hereby agree to the following Terms of Service, including all modifications. If you do not agree, or do not have the requisite authority and consent to be bound by the Terms of Service (as further described below), you may not access or use the Mango Products in any way.

2. ACCOUNTS:

While you do not need to register for an account to use all portions of the Site, in order to access certain parts of the Mango Products, you may need to establish an account (“Account”) with us and register or obtain a user ID and/or e-mail address and password. To establish an Account, you must provide us with personal data. We describe how we protect your personal data in the Privacy Policy. Users who have established an Account (“Registered Users”) may access portions of our Site that require an Account.

We may reject a user ID (or e-mail address) for any reason in our sole discretion. For example, we may reject a user ID (or e-mail address) that: (1) is already being used by someone else, (2) that may be construed as impersonating another person, (3) that belongs to another person, (4) that violates the intellectual property or other rights of any person, or (5) that is offensive. You may only have one active Registered User Account, as defined below, on the Site at any given time, and you may not allow other people to use your Account to access the Site.

3. USE OF PASSWORDS:

AS PART OF OUR ACCOUNT REGISTRATION PROCESS, YOU WILL SELECT A PASSWORD. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF ANY PASSWORD YOU USE TO ACCESS THE SITE AND AGREE THAT WE WILL HAVE NO OBLIGATIONS WITH REGARD TO YOUR PASSWORD. You agree not to assign, transfer or sublicense your rights as a Registered User of the Site. Only you may use your password and/or access your Account. You may not disclose your password or other Account credentials to anyone else. If you are a Registered User, you must accurately maintain and update the information you have provided to us. You agree that you are responsible for all activities that occur under your Account, for maintaining the confidentiality of your password, and for restricting access to your computers, tablets, mobile phones and other computing devices (collectively “Devices”) so others may not access the Site in violation of this Agreement. In addition, you agree to log out of your Account at the end of each session if you are using a shared device.

You agree to notify us of any unauthorized use of your Account, user ID (or e-mail address), or password, or any other breach of security that you become aware of involving or relating to the Site by contacting us as soon as possible via the phone number listed in the “Contact Us” link in the “Help Center” section of the Site or by emailing us at support@mangolanguages.com. We reserve the right to take any and all actions we deem necessary or reasonable to maintain the security of our Site and your Account including, without limitation, terminating your Account, changing your password or requesting information from you to authorize transactions on your Account. WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.

4. ELIGIBILITY:

By registering for or using the Mango Products in any way, you represent and warrant that you meet all eligibility criteria set forth in these Terms of Service, including all age and authorization requirements listed below. We may, in our sole discretion, refuse to offer any portion of the Mango Products to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring that your use of the Mango Products is in compliance with all laws, rules and regulations applicable to you.  Your right to access the Mango Products is revoked where these Terms of Service or use of the Mango Products is prohibited, or to the extent the offering, sale or provision of the Mango Products conflicts with any applicable law, rule or regulation.

5. PROMOTIONS:

Any promotions made available through the Services may be governed by rules that are separate from these Terms of Service.

If you participate in any promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a promotion conflict with these Terms of Service, the promotion rules will apply.

6. GRANT OF LICENSE:

We grant you a non-exclusive, non-transferable, non-sublicensable, revocable, limited right to access and use the portion of the Mango Products available to you based on the access that has been granted to your Account, and to (where allowable through your ordinary use) download the Content to your Devices, for your own personal non-commercial use, provided that you comply fully with these Terms of Service. You acknowledge and agree that certain Content, including Mango Movies, may be owned by Mango and/or its licensors. You therefore acknowledge and agree that such Content may be added, removed or unavailable from time to time (the “Unavailability”), and such Unavailability shall not be deemed a breach of this Agreement or any other agreement between you and Mango.  Public performances rights are strictly prohibited unless otherwise specified on the Mango Movie regulations found on the Site. The Content that may be available to view will vary by geographic location. Mango Languages will use technologies to verify your geographic location. We reserve all rights not specifically granted to you in this Agreement.

We work constantly to improve the Mango Products, and you agree that we are able to modify the Mango Products at anytime without notice.  As part of this continual improvement, we may introduce new features or services, impose limits on, change, suspend, disable, remove, update, upgrade, rollback, or restrict access to features, services, software, content or any part of the Mango Products.  You understand and accept that you should not exclusively rely on any feature, service, software or content to store or preserve your information, data or content. At any time certain features, services, software or content may be disabled or made available in modified form based on your age or location or account affiliation. We may offer free trials or other limited versions of the Mango Products so that you can preview these products before purchase. These versions may have limited features, restrict the permitted time of use and contain other limitations. The features, functionality, or availability of a third-party service may change or be discontinued.

7. RESTRICTIONS:

While using the Mango Products, you are required to comply with all applicable statutes, orders, regulations, rules and other laws. You may not use the Mango Products for any fraudulent or unlawful purpose, and you may not take any action to interfere with the Mango Products or any other party’s use of the Mango Products. The rights granted to you in these Terms of Service are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, copy, reproduce, distribute, host or otherwise commercially exploit the Mango Products; (b) you shall not interrupt or interfere with, or attempt to interrupt or interfere with, the operation of the Mango Products; (c) you shall not use framing techniques to enclose any trademark or logo on the Mango Products; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Mango Products except to the extent the foregoing restrictions are expressly prohibited by applicable statutory law; (e) you shall not use any manual or automated software, devices, or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools, or the like) to “scrape” or download data from any web pages contained in the Mango Products; (f) except as expressly stated herein, no part of the Mango Products may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, provided that you may reproduce or print certain Content made available through the Site or Services, as designated by Mango; (g) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Mango Products; (h) you shall not access the Site for purposes of monitoring its availability, performance or functionality, or for any benchmarking or competitive purposes; (i) you shall not build a competitive product or service using the Mango Products, build a product or service using similar ideas, features, functions, or graphics as the Mango Products or determine whether the Mango Products are within the scope of any patent; (j) you shall not disseminate on the Site any viruses, worms, spyware, adware, or other malicious computer code, file or program that is harmful or invasive or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software or equipment, or violate or attempt to violate the security of the Site; (k) you shall not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Mango Products, or express or imply that we endorse any statement you make; and (l) you shall not assist or permit any persons in violating this Agreement or other applicable laws or rules governing the use of the Mango Products. Any future release, update or other addition to the Mango Products shall be subject to these Terms of Service. Any unauthorized use of the Mango Products automatically terminates the limited license granted to you by Mango.

8. INTERACTIVE SERVICES & USER GENERATED CONTENT: 

Interactive Services

Our Services may allow you to post content (“User Content”). This may include discussion forums, or other interactive areas or services, including: blogs, chat rooms, bulletin boards, message boards, online hosting or storage services, or other areas or services, including without limitation any Mango social network site and any Mango Movie products, our reading feature, our vocabulary feature, services and/or software licensed to Mango, in which you or third parties create, post, or store any content, messages, comments, questions, information, movies, images, materials or other items on the Site (collectively, “Interactive Areas”). These areas may be open to the public and any personal data you voluntarily post or provide at registration in an Interactive Area, may be viewed, collected and/or used by others. We are not responsible for the personal data you submit in connection with the Interactive Areas, nor are we responsible for how others might use that information, including sending you unsolicited messages. Submissions to the Mango Interactive Areas do not represent the views of Mango, or any individual associated with Mango, and we do not control this content. In no event will you represent or suggest, directly or indirectly, Mango’s endorsement of user submissions in the Interactive Areas. Mango does not vouch for the accuracy or credibility of any content submitted by users in the Interactive Areas, and does not take any responsibility or assume any liability for any actions you may take as a result of reading or viewing user-published content in the Interactive Areas. Through your use of the Interactive Areas, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate, deceptive or otherwise unsuitable for young children (including children under the age of 18), such as content containing violence, language, drug references or use, or sex. If possible, Mango will attempt to provide applicable ratings from the Motion Picture Association of America prior to accessing any Interactive Areas (“Ratings”), but you acknowledge and agree that Mango is under no obligation to provide you any such Ratings and Mango shall not be liable to you for any reason whatsoever in connection with any Ratings, including the accuracy or completeness thereof or not providing you any Ratings. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using the Interactive Areas, you assume any and all associated risks, of any kind or character, whether known or unknown, suspected or unsuspected, foreseen or unforeseen, arising out of or in any manner incident, relating or attributable to such use of the Interactive Areas.

Your Right to Post User Content

You are responsible for the User Content that you post to the Services, including its legality, reliability, and appropriateness. You are solely responsible for obtaining all rights clearances with respect to all User Content created or provided by you. 

By posting User Content, you grant us the royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable right and license to use, adapt, modify, re-format, publicly perform, publicly display, reproduce, create derivative works of, distribute, and otherwise commercially or non-commercially exploit in any manner all such User Content on and through the Services. You retain any and all of your rights to any User Content you submit, post or display on or through the Services and you are responsible for protecting those rights. You agree that this license includes the right for us to make your User Content available to other users of the Services, who may also use your User Content subject to these Terms of Service.

You represent and warrant that: (i) your User Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms of Service, and (ii) the posting of your User Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.  You may be held legally liable for the contents of your User Content.

User Content Restrictions

We are not responsible for the User Content available via the Service’s. You expressly understand and agree that you are solely responsible for your User Content and for all activity that occurs under your account, whether done so by you or any third person using your account.

You may not transmit any User Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable User Content include, but are not limited to, the following:

1. 1. Unlawful or promoting unlawful activity.
   2. Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
   3. Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
   4. Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
   5. Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
   6. Impersonating any person or entity including Mango and its employees or representatives.
   7. Violating the privacy of any third person.
   8. False information and features.

We reserve the right, but not the obligation, to, in our sole discretion, determine whether or not any User Content is appropriate and complies with these Terms of Service and refuse or remove any User Content. We further reserve the right to make formatting and edits and change the manner of any User Content. We can also limit or revoke the use of the Services if you post any objectionable User Content. As Mango cannot control all content posted by users and/or third parties on the Services, you agree to use the Services at your own risk. You understand that by using the Services you may be exposed to content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will Mango be liable in any way for any content, including any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of your use of any User Content.

User Content Backups

Although regular backups of User Content may be performed, we do not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, User Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

We will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of User Content. But you acknowledge that we have no liability related to the integrity of User Content or the failure to successfully restore User Content to a usable state.

You agree to maintain a complete and accurate copy of your User Content in a location independent of the Services.

9. ACCESS AND USE CHARGES:

Some of the Mango Products require you to purchase a subscription in order to use them. A paid subscription to some of these Mango Products may be purchased directly through our Site (the “Subscription Services”). We may utilize an agent, subsidiary, or affiliate to process payment and additional terms with your payment provider may apply.  In order to utilize paid Subscription Services, you will be required to enter your financial account information or payment card information, as we may require from time to time including, but not limited to, your legal name, address, company name, email, telephone number(s), and payment data if applicable (e.g., credit card number and expiration date) (collectively “Registration Data”). You agree that all Registration Data you provide will be accurate, complete and up-to-date. You must be authorized to use the payment method that you enter in your Account. You authorize us to charge your payment card for the price, as well as any applicable sales tax, of any Subscription Services that you choose to sign up for while this Agreement is in force. We may initiate payments (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for Subscription Services. Subscription Services automatically renew for another term, identical to the last in length, upon the end of the then-current term (the “Renewal Date”). On each Renewal Date, your payment method will be charged the amount of the applicable Subscription Services, unless you cancel the Subscription Services prior to the Renewal Date. By providing your payment method information for the Subscription Services, you are agreeing to pay a subscription fee, that shall automatically renew, at the then current rate, unless you cancel prior to the expiration of the current Renewal Date, and any applicable taxes and service fees. You consent to our right to modify our pricing, and the details of the Mango Products and/or our Subscription Services. In the event you do not wish to accept a modified price or any modified Subscription Services, you may cancel your Subscription Services by emailing us at support@mangolanguages.com, otherwise you shall be deemed to have consented to the modified price or modified Subscription Services and authorize Mango to charge the new price to your payment method. In the event there are any discrepancies in billing, you hereby waive your right to dispute such discrepancies in the event you do not notify us within sixty (60) days after they first appear on an account statement.

You must notify us of any change in the credit card or other payment information you furnish to us. You agree to reimburse us for any costs of collection, including reasonable attorneys’ fees if we are unable to charge the credit card or other payment method you have on file with us.  Failure to comply with this provision (including, without limitation, falsification of any Registration Data) may, at our option, result in immediate suspension or termination of your right to use the Mango Products without refund of any sums you may have paid. Through the settings area on the Site you may correct or update your Registration Data. You agree to notify us promptly, following the instructions in the “Help Center” section of the Site, in the event of any known or suspected unauthorized use of your Account or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or payment information. In the event of a breach of security of which you are aware or should be aware, you will remain liable for any unauthorized use of your Account until you request that we suspend your Account. You must immediately notify us if your credit card is lost or is subject to use without your authorization. We may from time to time modify the price on any or all of the Subscription Services. We will give you notice of any price changes for our Subscription Services by posting the modified prices on the Site. If applicable, you must pay for all your purchases by credit card or other payment methods available through the Site.

If any portion of the Mango Products available to you through your purchase of our Subscription Services is defective and you no longer wish to continue with your Subscription Services unless the defect is fixed, we will at our sole discretion either replace the defective portion of the Mango Products or provide you with a prorated refund from the date of notification, provided you notify us within fourteen (14) days after you first make use of such defective portion of the Mango Products.

The Site may create or advertise promo codes, discounts, coupon codes, or other similar offers (“Promo Codes”) that provide a benefit to you when entered upon checkout. These cannot be applied to prior or completed transactions, they must be provided at the time of purchase. Only consumers can use Promo Codes, they cannot be used by resellers, wholesalers, practitioners, or the like. You may have no right to discounts, coupons, or offers that are expired or discontinued even if they remain visible on the Site. Promo Code offers are valid only on new Subscription Services via mangolanguages.com (not valid on App Store or Google Play purchases). Limit one per customer. Promo Code offers are not redeemable for cash or gift cards, nor are they valid toward previous purchases. Promo Codes are not valid with any other offers, and are void if altered, copied, transferred, auctioned or sold.

10. PROPRIETARY RIGHTS:

Mango and/or its licensors own and retain exclusive ownership of all right, title and interest, including all intellectual property rights, in and to the Mango Products, and nothing in this Agreement shall be construed to the contrary. You do not acquire any right, title or interest in or to any of the Mango Products by accessing or using the Site. Any rights not expressly granted herein are reserved. You agree not to use any trademarks, service marks, names, logos, or other identifiers of Mango or its employees, licensors, independent contractors, providers or affiliates (collectively, “Affiliates”) without our prior written permission or the permission of the relevant Affiliate.

You further agree that submission of any ideas, suggestions, documents, and/or proposals to Mango (“Feedback”) is done voluntarily and on a non-confidential basis and that Mango has no obligations with respect to such Feedback. The Site may allow you to leave product reviews, opinions, or testimonials (collectively, all of which also are considered “User Content”). We may (but are not required to) reach out to you with a separate agreement to further define our rights in the User Content. You represent and warrant that you have all rights necessary to submit the Feedback and the User Content. PLEASE DO NOT POST OR SEND US ANY USER CONTENT, IDEAS, SUGGESTIONS, OR OTHER USER CONTENT THAT YOU WISH TO KEEP PRIVATE OR PROPRIETARY OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION. You hereby grant to Mango a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback and User Content, and to sublicense the foregoing rights.

11. “OPT-OUT” FOR SPECIAL NOTICES:

We may periodically make special offers or communications by email. If you do not wish to receive such communications, you can “opt out” by clicking the “Remove Me” link, or similar link, in the e-mail communication.

12. DOWNLOADS:

The Site may allow you to download certain content, applications, software, and other information or materials. Mango makes no representation that such downloads will be error or malware free or fit for a particular purpose. Certain downloads may be subject to a separate agreement either with Mango or a third party; for example, an agreement with a mobile application store.

13. MOBILE APPLICATIONS:

The Site may include mobile or other applications that you can download to your Devices (“Mobile App”) via a third-party service such as an application store. Your use of the third-party service may be subject to additional terms and conditions related to that service from the service provider (“App Store Provider”). WE ARE NOT LIABLE IN ANY WAY FOR, AND MAKE NO REPRESENTATIONS OR WARRANTIES RELATING TO, ANY SUCH THIRD PARTY SERVICE OR ANY CLAIM OR DAMAGE RESULTING FROM YOUR USE OF SUCH THIRD PARTY SERVICE.

You acknowledge that this Agreement and your use of a Mobile App is between you and us only, and not with any App Store Provider or its affiliates or subsidiaries. As between us and an App Store Provider, we are solely responsible for the Mobile App and its Content. If anything in this Agreement conflicts with any usage rules for the Mobile App from an App Store Provider, such terms from the App Store Provider control (only so far as those terms conflict with this Agreement, and then exclusively for your use of the Mobile App). All rights you have to use the Mobile App are for use only on appropriate products (which may require branding from the App Store Provider or other entities) and are non-transferable, except that the Mobile App may be accessed and used by other accounts associated with you via features like Apple’s Family Sharing (or similar features from other App Store Providers) or volume purchasing. We are solely responsible for providing any maintenance and support services for the Mobile App, as specified in this Agreement or as required under applicable law. No App Store Provider has any obligation whatsoever to furnish any maintenance and support services for the Mobile App, nor any warranties for the same.

WE DISCLAIM ALL WARRANTIES RELATED TO ANY MOBILE APP. However, in the event that the Mobile App fails to conform to any applicable warranty that we cannot disclaim according to applicable law, you may have the right to notify the App Store Provider, and the App Store Provider may refund the purchase price for the Mobile App. To the maximum extent permitted by applicable law, no App Store Provider will have any other warranty obligation whatsoever with respect to the Mobile App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty is our responsibility.

We, not the App Store Provider, are responsible for addressing any claims relating to the Mobile App, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection, privacy, or similar legislation; and (iv) claims that the Mobile App infringes a third party’s intellectual property rights as well as the investigation, defense, settlement and discharge of any such intellectual property infringement claim. By using the Mobile App, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.  You acknowledge and agree that the App Store Provider, and its subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement and your use of the Mobile App, the App Store Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.

14. INFORMATION PROVIDED:

YOU ACKNOWLEDGE THAT YOUR RELIANCE UPON ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE IS AT YOUR SOLE RISK. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE, OR TO DENY ACCESS TO THE SITE OR THE MANGO PRODUCTS TO ANYONE AT ANY TIME.

15. THIRD PARTY SITES:

The Site may contain links, pointers and/or references to other sites on the Internet that may be maintained by third parties. Such links do not constitute an endorsement by us of any third-party site or any materials contained therein. We do not control, and are not responsible for, the accessibility, availability, accuracy, or currency of such third-party sites or any information, content, products or services that may or may not be accessible from such third-party sites. If you click these links or otherwise visit these websites, you will leave our Site. If you decide to visit any external link, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements that may result. You acknowledge and agree that Mango will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, events, goods or services available on or through any such third-party site or resource. Any dealings you have with third parties found while using the Mango Products are between you and the third party, and you agree that Mango is not liable for any loss or claim that you may have against any such third party.

We may maintain a presence on and link to social media websites, including Facebook, LinkedIn, Twitter, YouTube,  Instagram, and others (collectively, “Social Media Pages”), to provide a place for people to learn more about us and our products and to share experiences with our products. When you visit these Social Media Pages, you are no longer on our Site, but rather a website operated by a third party. All comments, visuals and other materials posted by visitors to the Social Media Pages do not necessarily reflect our opinions, values or ideas. All visitors to the Social Media Pages must comply with the respective social media platform’s terms of use.

YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES, APPLICATIONS, SERVICES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTY WEBSITES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

16. AGE RESTRICTIONS AND AUTHORIZATION:

Mango will not agree to sell the Mango Products to any individual under the age of eighteen (18). If you are under the age of eighteen (18), you may use the Mango Products, but only with the involvement and consent of a parent, legal guardian, or at the direction of your institution if they have the legal right to provide consent. If you purchase the Mango Products on behalf of an institution, you represent and warrant that you are an authorized representative of the institution with the authority to: (1) bind that institution to this Agreement; (2) provide any required consent for your users, and (3) agree to the terms of this Agreement on behalf of the institution. We require verifiable parental consent, or the equivalent required legal consent in the relevant jurisdiction, before collecting any Registration Data from persons under 16 years old if you are located in an EU Member Nation (or if you are a Citizen or resident of an EU Member Nation), or if you are under thirteen (13) years old and you are located in the United States.

17. COPYRIGHT INFRINGEMENT NOTICES:

We respect the intellectual property of others, and we ask you to do the same.  Because of the size of our community, we do not and cannot verify that you users have the right to post User Content.  However, we cooperate in removing infringing or unlicensed items once an authorized representative of the rights owner properly reports them to us.  If you believe that any User Content infringes on your copyright, trademark or other intellectual property rights, please provide us with a notice of infringement.

It is our policy to expeditiously respond to notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”). This section describes the information that should be present in these notices and the take down procedure we follow with respect to allegedly infringing material. If we receive proper notification of claimed copyright infringement, our response to these notices may include removing or disabling access to the allegedly infringing material and/or terminating or suspending users. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the provider of the allegedly infringing content so that they may make a counter notification pursuant to the DMCA. It is our policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect their copyrighted works that we determine are reasonable under the circumstances.

If you believe that any User Content on the Site or any part of the Mango Products infringes upon any copyright which you own or control, you may send a written notification to our designated copyright agent (the “Designated Agent”), identified below, with the following information:

1. 1. A description of the copyrighted work or other intellectual property that you claim has been infringed, with sufficient detail so that we can identify the alleged infringing material;
   2. The URL or other specific location on the Site that contains the alleged infringing material described in (a) above, with reasonably sufficient information to enable us to locate the alleged infringing material;
   3. Your name, mailing address, telephone number and email address;
   4. The electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf;
   5. 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
   6. A statement by you that the information contained in your notice is accurate and that you attest under penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.

Designated Agent:

DMCA Agent; Legal Department
P.O. Box 773164

Detroit, MI  48277-3164
DMCA@mangolanguages.com 

To notify the provider of the allegedly infringing material to which we have removed or disabled access, we may forward a copy of your infringement notice, including your name and email address to the provider of the allegedly infringing material.

We may terminate users who, in our sole discretion, are deemed to be repeat infringers. Knowingly misrepresenting in a notification that material is infringing can subject you to damages, including costs and attorneys’ fees, incurred by us or the alleged infringer. If you receive an infringement notification from us, you may file a counter notification pursuant with our Designated Agent pursuant to the DMCA. To file a counter notification, please provide our Designated Agent with the following information: 

1. 1. 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 was disabled;
   2. Your name, mailing address, telephone number and email address;
   3. The following statement: “I consent to the jurisdiction of Federal District Court for the Eastern District of Michigan”;
   4. The following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent”;
   5. The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and
   6. Your signature, in physical or electronic form.

Upon receipt of valid counter notification, we will promptly provide the person who provided the original infringement notification with a copy of your counter notification and inform that person that we will replace the removed material or cease disabling access to it in 10 business days. Further, we will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of your counter notice, unless Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Site.

18. OTHER POLICIES:

This Agreement applies exclusively to your access to, and use of, the Mango Products and does not alter in any way the terms or conditions of any other agreement you may have with us for other products, services, programs or otherwise. Additional policies and terms may apply to use of specific portions of the Site and to the purchase of certain merchandise or services and are included as part of this Agreement whether they reference this Agreement or not.

Other types of agreements and policies that you may be subject to include, but are not limited to:

• • Order Form and Terms of Service
  • Content Classification Guide
  • Feedback Policy
  • Movie Regulations
  • Terms and Conditions for Promotions
  • Cancellation Policy
  • Privacy Policy

The provisions of this Agreement apply to these agreements, terms and policies.

19. INDEMNIFICATION:

You hereby agree to indemnify, defend and hold us harmless from and against any and all losses, damages, liabilities, claims, causes of action, costs and expenses, including reasonable attorneys’ fees, arising out of or related to your use of the Mango Products, including your actual or alleged violations of these Terms of Service. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our written consent.

20. RELEASE:

Except to the extent prohibited by applicable law, you hereby release Mango and our Affiliates, subsidiaries, divisions and related companies as well as our agents, suppliers, service providers, contractors and retailers and its and their successors (collectively, “Releasees”) from all claims, demands, losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with third-party websites of any kind, arising in connection with or as a result of the Terms of Service or your use of the Mango Products. If you are a California resident, you hereby waive California Civil Code Section 1542, which states in substance, “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.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

21. WARRANTY AND DISCLAIMERS:

EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SITE AND SERVICES (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED “AS IS” AND “WHEN AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR COMPATIBILITY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MANGO PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE MANGO PRODUCTS WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHERMORE, THE WARRANTY DOES NOT APPLY TO YOUR INABILITY TO ACCESS THE MANGO PRODUCTS BECAUSE OF YOUR LACK OF NECESSARY HARDWARE, SOFTWARE OR BOTH. YOUR ACCESS TO AND USE OF THE MANGO PRODUCTS IS VOLUNTARY AND AT YOUR OWN RISK.

22. LIMITATION OF LIABILITY:

WE AND OUR RELEASEES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OR THE INABILITY TO ACCESS OR USE THE MANGO PRODUCTS. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE. UNDER NO CIRCUMSTANCES SHALL RELEASEES BE LIABLE TO YOU ON ANY THEORY OF LIABILITY FOR: ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SERVICES; ANY DAMAGES RESULTING FROM LOST PROFITS, RECORDS OR DATA, INTERRUPTION OF SERVICE, OR LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE MANGO PRODUCTS, THE AUDIO CONTENT OR ANY FEE-BASED SERVICES, INCLUDING WITHOUT LIMITATION, DAMAGES THAT MAY HAVE BEEN CAUSED BY A VIRUS OR OTHER DATA CORRUPTION PROBLEM RESULTING FROM ACCESS TO, DOWNLOADING FROM OR USE OF THE MANGO PRODUCTS WHETHER BASED ON WARRANTY, COPYRIGHT, PRODUCT LIABILITY, CONTRACT, OR TORT (INCLUDING NEGLIGENCE),  EVEN IF RELEASEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL RELEASEES HAVE ANY LIABILITY WHATSOEVER ARISING OUT OF ANY MISUSE OF PASSWORDS OR ACCOUNTS OR ARISING OUT OF GOOD FAITH REMOVAL OR DISABLING OF ANY AUDIO CONTENT. OUR TOTAL AGGREGATE LIABILITY TO YOU IS LIMITED TO THE LESSER OF, IF ANY, THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE MANGO PRODUCTS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE THE FIRST SUCH LIABILITY ARISES OR TWO HUNDRED ($200) DOLLARS, OR THE LOWEST AMOUNT ALLOWED BY LAW. NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSES OF ANY LIMITED REMEDIES PROVIDED HEREIN, YOU HEREBY RELEASE THE RELEASEES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

23. TERMINATION:
    In addition to any other rights of the parties set forth herein, either you or we may cancel or terminate your access to the Mango Products. We also reserve the right to restrict, suspend or terminate your access to the Mango Products in whole or in part, without notice, as a result of any breach or threatened breach of any portion of these Terms of Service. We may be protected for liability from these actions under the Communications Decency Act, 47 U.S.C. § 230. If we terminate these Terms of Service based on your breach of any portion of these Terms of Service, we reserve the right to refuse to provide use and/or access to any of the Mango Products to you in the future. You acknowledge and agree that we shall not be liable to you or any third party for any termination of your access to the Mango Products. You may terminate this Agreement by providing written notice of termination to us, including by providing the following: (1) an acceptable verification method for confirming your identity as the account holder, (2) your detailed contact information, and (3) any Account information or other Site credentials.

The provisions of this Agreement concerning protection of proprietary rights, grant of license, restrictions, access and use charges, warranty and disclaimers, release, limitations of liability, indemnification, and arbitration and disputes, as well as any other provisions that by their nature are designed to survive, shall survive any such termination.

Upon any such termination, (i) you must destroy all Mango Products, including Mango Movies, obtained from the Site and all copies thereof; (ii) you must immediately cease all use of and access to the Mango Products; (iii) we may delete or disable access to any of the Mango Products at any time; (iv) and we may delete your Account at any time. You agree that if your use of the Mango Products is terminated pursuant to this Agreement, you will not attempt to use the Mango Products under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur as a result. Your use of the Mango Products after termination will be a violation of this section, which survives any termination.

24. MANDATORY ARBITRATION OF DISPUTES:

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

Agreement to Arbitrate: You agree that any and all disputes or claims that have arisen or may arise between you and Mango, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, and/or any aspect of the relationship or transactions between us, shall be resolved exclusively through confidential and binding arbitration, rather than a court, except that: (1) you may assert individual claims in small claims court if your claims qualify; and (2) you and Mango are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. Further, you agree that, by entering into this Terms of Service, you and Mango are each waiving the right to a trial by jury or to participate in a class action as explained below. Your rights will be determined by a single neutral arbitrator, not a judge or jury. You and Mango understand that, absent this mandatory provision, you and Mango would have the right to sue in court and have a jury trial, and that you are agreeing to waive this right.  You and Mango further understand that the right to discovery may be more limited in arbitration than in court. The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this Arbitration Agreement.

Pre-Arbitration Dispute Resolution: Mango is interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@mangolanguages.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written notice (“Notice of Dispute”). The Notice of Dispute must be sent to Mango by either of the following means: (i) electronic mail to legal@mangolanguages.com; or (ii) U.S. Postal Service certified mail to Creative Empire, LLC d/b/a Mango Languages, Attention: Legal, P.O. Box  773164, Detroit, MI 48277-3164 USA. If we intend to seek arbitration of a dispute, we will send a Notice of Dispute to you via the contact information we have on file for you. The Notice of Dispute must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Mango and you do not resolve the claim within sixty (60) calendar days after the Notice of Dispute is received, you or Mango may commence an arbitration proceeding.

Prohibition of Class Actions: YOU AND MANGO AGREE THAT EITHER PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND MANGO AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).

Arbitration Procedures: Arbitration will be conducted by a single neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, https://www.adr.org/. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless Mango and you agree otherwise, in the case of in-person proceedings, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA, or the arbitration will be conducted virtually. If your claim is for $10,000 or less, Mango agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding.

Opt-out: You may opt out of this arbitration agreement. If you do so, neither you nor Mango can force the other to arbitrate. To opt out, you must notify Mango in writing no later than 30 days after first becoming subject to this Agreement. Your notice must include your name and address and the email address you used to set up your Mango account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement. You must email your opt-out notice to: legal@mangolanguages.com.

If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and Mango agree that all claims arising out of or related to these Terms and Conditions must be resolved exclusively by a state or federal court located in Oakland County, Michigan, and you and Mango each agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating all such claims. Notwithstanding the above, you agree that Mango shall still be allowed to apply for and obtain injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

Confidentiality: The parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

25. MODIFICATIONS:
    You may check the Site regularly to view the then-current Terms of Service. When changes are made to these Terms of Service, Mango will make a new copy of the Terms of Service available on the Site, and we will update the “Last Updated” date at the top of the Agreement. If we make any material changes to the way your Personal Data is collected, used or shared by us, we will also send an email to the applicable account holder using the contact information we have on file with additional information regarding the collection of such data and available options regarding data collection and use, before the data is used in any manner inconsistent with the terms initially provided to you. For other changes, the Terms of Service are subject to change by Mango in its sole discretion at any time. If you do not agree to any change(s), you must stop using the Mango Products and contact us to have your Account deleted. Otherwise, your continued use of the Mango Products constitutes your acceptance of such change(s). Any changes to the Terms will be effective immediately for new users of the Mango Products.

We may assign this Agreement at any time with or without notice to you. You may not assign or sublicense this Agreement or any of your rights or obligations under this Agreement without our prior written consent.

26. INTERNATIONAL USERS:

Each claim or statement about the effectiveness of our products or comparing the effectiveness of our products is expressly limited to the United States, unless otherwise disclosed. The Mango Products may only be available in the territory to which the Site is directed and may not be available in your country. WE MAKE NO REPRESENTATION THAT THE INFORMATION AND MATERIALS ON THE SITE, INCLUDING WITHOUT LIMITATION THE INFORMATION AND OTHER MATERIALS PROMOTING THE PRODUCTS IDENTIFIED ON THE SITE, ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS OTHER THAN THE LOCATION FOR WHICH THE SITE IS DIRECTED. WE DO NOT REPRESENT OR WARRANT THAT THE MANGO PRODUCTS OR ANY PART THEREOF IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES. Those who choose to access the Mango Products do so on their own initiative and at their own risk, and are responsible for complying with all local statutes, orders, regulations, rules, and other laws. You are also subject to United States export controls and are responsible for any violations of such controls, including without limitation any United States embargoes or other federal rules and regulations restricting exports.

Despite the above, as a consumer you may benefit from any mandatory provisions of the law of the country in which you are a resident. Nothing in this Agreement affects your rights as a consumer to rely on such mandatory provisions of local law. The local law of your jurisdiction may entitle you to have a dispute relating to this Agreement heard by your local courts. This Agreement does not limit any such rights that you have that apply. HOWEVER, BY ENTERING INTO THIS AGREEMENT, WE DO NOT CONSENT TO THE JURISDICTION OF ANY COURTS OTHER THAN THOSE REFERENCED IN THIS AGREEMENT AND RESERVE THE RIGHT TO CONTEST THAT WE ARE NOT SUBJECT TO THE JURISDICTION OF ANY OTHER COURT. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. The interpretation of this Agreement, as well as all other documents related to it, including notices and correspondence, will be based on the English language only.

THE FOLLOWING TERMS AND CONDITIONS APPLY TO YOU, AND SUPERSEDE CONFLICTING TERMS IN THE AGREEMENT, IF YOU ARE A RESIDENT OF THE NAMED JURISDICTION OR TO THE EXTENT REQUIRED BY APPLICABLE LAW:

AUSTRALIA

Where any Act of Parliament implies any condition or warranty in relation to your use of the Mango Products and that Act prohibits exclusion of that term, then that term is included. To the maximum extent permitted by law, our liability for any breach of such a non-excludable term is limited to the supplying of the Mango Products again.

CANADA

L’acheteur confirme son intention expresse que cet accord, ainsi que tous les documents connexes, soient rédigés en langue anglaise uniquement, y compris tous les avis et la correspondance.

Dispute Resolution: The arbitration requirements of this Agreement will not apply to you if any such provision is unenforceable under the laws of your Canadian province of residence.

Cancellation Rights: Residents of certain provinces may have the right to cancel the provisions of certain purchases as required by local law. We will honor such cancellation rights.

Privacy and Consumer Complaints: Under relevant consumer protection laws, you are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to support@mangolanguages.com. You may also contact us by writing to P.O. Box 773164, Detroit, MI  48277-3164, United States.

EUROPEAN UNION

Exceptions to Liability Limitations: Nothing in this Agreement excludes or limits our liability for death or personal injury arising from our negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.

ARBITRATION MAY NOT APPLY TO YOU IF YOU ARE A RESIDENT OF THE EUROPEAN UNION AND SUBJECT TO THE ALTERNATIVE DISPUTE RESOLUTION DIRECTIVE (2013/11/EU) AND THE ONLINE DISPUTE RESOLUTION REGULATION (EU 524/2013) (AND ANY IMPLEMENTING REGULATIONS IN EACH MEMBER STATE OF THE EU), THE AGREEMENT TO ARBITRATE IN THE AGREEMENT WILL NOT APPLY TO YOU IF NOT PERMITTED BY LAW.

UNITED KINGDOM

Exceptions to Liability Limitations: Nothing in this Agreement excludes or limits our liability for death or personal injury arising from our negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.

ARBITRATION MAY NOT APPLY TO YOU IF YOU ARE A RESIDENT OF THE UNITED KINGDOM AND SUBJECT TO THE ALTERNATIVE DISPUTE RESOLUTION DIRECTIVE (2013/11/EU) AND THE ONLINE DISPUTE RESOLUTION REGULATION (EU 524/2013) (OR ANY SUCCESSOR TO THESE ENACTED BY THE UK POST BREXIT). THE AGREEMENT TO ARBITRATE IN THIS AGREEMENT WILL NOT APPLY TO YOU IF NOT PERMITTED BY LAW. If you live in England or Wales, you can bring legal proceedings in the English courts. If you live in Scotland, you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in either the Northern Irish or the English courts.

Translation Interpretation

These Terms of Service may have been translated if we have made them available to you on our Services. You agree that the original English text shall prevail in the case of a dispute.

27. GENERAL:
    These Terms of Service constitute the entire agreement between you and us with respect to the subject matter hereof and supersede all prior and contemporaneous agreements between you and us, which are not written and signed by both Parties, with respect to the same. Failure by us to enforce any provision of these Terms of Service shall not be construed as a waiver of any provision or right. Interpretation and enforcement of these Terms of Service shall be governed by the laws of the state of Michigan, USA (excluding its choice of law rules). You consent irrevocably to personal jurisdiction in the state or federal courts located in Oakland County, Michigan, for any action arising out of or relating to your use of the Mango Products, or any products or services provided through the Site. The federal and state courts of Michigan located in Detroit, Michigan, shall have exclusive jurisdiction over all such actions. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees. REGARDLESS OF THE NATURE OF THE DISPUTE, YOU AND MANGO AGREE THAT EITHER PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. In the event that any portion of these Terms of Service is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.

New Jersey Residents: If you are a consumer residing in New Jersey, the following provisions of this Agreement do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) Release; (b) Warrant and Disclaimers; (c) Limitation of Liability; (d) Mandatory Arbitration of Disputes and the governing law provisions (solely to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law). According to N.J.S.A. 56:12-16, you may have additional rights if you are a New Jersey resident and other provisions of this Agreement are found to violate an established legal right.

28. CONTACT US

If you have questions about this Agreement, or if you have technical questions about the operation of the Site or the Mango Products, please contact us by email at support@mangolanguages.com or by writing us at P.O. Box 33661, Dept #7093, Detroit, MI 48232-5661 USA. If you have any questions or comments about Mango or our products or have other customer service needs, please contact us for information on contacting our consumer service representatives.

Additionally, under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.