Terms of Service
Last revised on November 5, 2022
This agreement (the "Agreement") describes the general Terms and Service Conditions (the "Terms") on which Kind Robots Ltd. (collectively "Kind Robots", "we", "us") offers you ("you", "your", or "User") access to grammarerror.com web site as well as other websites and mobile applications affiliated with it (the "Service" or "Site").
All the Site source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned and controlled by us or licensed to us.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you regarding the Site, the Content and the Marks.
You may register with the Site creating a registration record called user account (Account). We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You agree to the terms below and violation of any of the terms below will result in the termination of your Account. While Kind Robots prohibit such conduct and Content on the Service, you understand and agree that Kind Robots cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
- You must be a human. Accounts registered using automated methods are not permitted.
- You must provide a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted.
- You agree to keep your password confidential and will be responsible for all use of your account and password. Kind Robots cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Cancellation and Termination
- You are solely responsible for properly canceling/deleting your account. An email or phone request to cancel your account is not considered cancellation. Self-service personal account deletion is available via Login menu -> Settings -> Delete My Account and Data.
- All of your profile data will be immediately deleted from the Service upon account deletion. This information can not be recovered once your account is canceled.
- Kind Robots, in their sole discretion, have the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Kind Robots service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Kind Robots reserve the right to refuse service to anyone for any reason at any time.
Modifications to the Service
- Kind Robots reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Kind Robots shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Copyright and Content Ownership
- By accepting the Terms, you grant us a free simple (non-exclusive) license for the use of the Content you add (place or transmit) to the Site. The aforementioned non-exclusive license grants Kind Robots the following rights to use of the Content:
- reproduce the Content i.e. make one or more copies of the Content in any material form, and also save them to an electronic device (reproduction right);
- distribute copies of the Content i.e. provide access to the Content reproduced in any material form, including by network or other methods, and also by means of sale, lease, rent, lend, including import for any of the above purposes (distribution right);
- demonstrate the Content in public (public demonstration right);
- communicate the Content in a manner enabling any person to get online access to it from any place and at any time at the option of such person (publication right);
- modify the Content i.e. rearrange or revise the Content in any other manner;
- assign the acquired rights or a part thereof to third persons (sublicensing right);
- assign the acquired rights or a part thereof to third persons under the terms of CC BY-SA 3.0 license if the content was provided to the Licensor under the terms of the license by the End Users or if the content was published by the End User on the forum located at https://forum.grammarerror.com.
- You will be solely responsible for obtaining all rights clearances with respect to all Content provided to us in connection with this Agreement.
- Some content of the Website is published under Creative Commons Attribution-ShareAlike 3.0 Unported License (CC BY-SA 3.0), including all the forum content located at https://forum.grammarerror.com. In all the other cases when CC BY-SA 3.0 license is used, the content block is explicitly marked as published under the license. In all the other cases, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited without our express prior written permission.
- In some instances where your content is displayed publicly, Kind Robots reserve the right to display advertising and receive compensation for such advertising.
- Notification of Copyright Infringement Claims. We respect the intellectual property of others, and we ask our Users to do the same. We do not and can not verify that Users have the right to post 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 a Message infringes on your copyright, trademark or other intellectual property rights, please provide us with a Notice of Infringement sending a email to firstname.lastname@example.org.
In the United States, the Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that items, information or other materials appearing on the Service infringe your U.S. copyright, you (or your agent) may send us a notice requesting that the item, information or material be removed, or access to it blocked.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Application, currently located at http://www.loc.gov/copyright/. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be substantial penalties for false claims.
- Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
- You understand that Kind Robots use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Kind Robots, or any other Kind Robots service.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violating any party’s intellectual property or these Terms.
- By using the Website, you assume the risk that you may encounter content of the wrong age category.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- You expressly understand and agree that Kind Robots shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Kind Robots have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service. The failure of Kind Robots to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms constitute the entire agreement between you and Kind Robots and govern your use of the Service, superseding any prior agreements between you and Kind Robots (including, but not limited to, any prior versions of the Terms). Questions about the Terms should be sent to email@example.com.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms; (4) any breach of your representations and warranties set forth in these Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Modification, Entire Agreement, and Severability
- Modification. This Agreement may be supplemented, amended, or modified unilaterally at any time for any reason by us. Any supplement, amendment, or modification of this Agreement shall be binding at the time of updating, posting, or otherwise providing public notice on.
- Entire Agreement. This Agreement and all other agreements, exhibits, and schedules referred to in this Agreement constitute the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings or agreements of the parties. This Agreement may not be contradicted by evidence of any prior or contemporaneous statements or agreements. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation, understanding, agreement, commitment or warranty outside those expressly set forth in this Agreement.
- Severability. In the event that any provision of this Agreement is determined to be invalid or unenforceable, such provision shall be severed from this Agreement, and the remainder of this Agreement shall continue to be valid and enforceable.
This Agreement shall be interpreted in accordance with the laws of the Province of Ontario without regard to its conflicts of law principles. You and we are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. At any time upon request by us, you agree to sign a non-electronic version of this Agreement.
This Agreement's section headings, and capitalized text are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
This Agreement is the complete and entire statement between you and us with respect to the subject matter hereof.