Terms of Service
Gigabud Terms of Service
We’re committed to keeping your data secure, your private information private, and being transparent about our practices.
Effective date: May 25, 2018
Please note that your use of and access to our Services (defined below) are subject to the following terms; if you do not agree to all of the following, you may not use or access the Services in any manner.
2. Will these Terms change?
Of course, we need to keep up with the times and improve the services as necessary. Our goal is to serve you best and sometimes this means we need to update these terms to better serve you. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on https://www.writtenchinese.com, and/or by sending you an email, and/or by some other means. No tricksters here!
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
3. What does it cost to use Gigabud apps?
Though many of our Services are currently free, we reserve the right to require payment of fees for certain or all Services. Our developers need to eat and so do their kids! Refer to https://www.writtenchinese.com/pricing/ for details on pricing information.
You shall pay all applicable fees, as described on the Website in connection with such Services selected by you. All fees are non-refundable. If you select a plan that requires payment, you will be required to provide Gigabud accurate credit card and other payment information, and you agree to promptly update your account information with any changes. The monthly or annual fee will be charged to you in advance, to the credit card you provided upon enrollment in the plan. Gigabud reserves the right to change its price list and to institute new charges at any time. If you are an existing customer and we change prices, we will notify you by email at least 30 days before the change is to take effect for your next billing cycle. Your use of the Services following such notification constitutes your acceptance of any new or increased charges.
You may cancel your subscription at any time, but again, no refunds will be granted for fees paid. We’re not trying to be jerks, but actually what you pay is not what we receive. The transactions cost money to process (up to 30%!) and in the case of purchases on iTunes and Google Play, Apple and Google do not provide us with a method to offer a refund. Sorry about that. So please take care when making purchases.
You acknowledge that, in the course of your relationship with Gigabud and in using the Services, you may obtain information relating to the Services and/or Gigabud (“Proprietary Information”). Such Proprietary Information shall belong solely to Gigabud and includes, but is not limited to, the features and mode of operation of the Services, trade secrets, know-how, inventions (whether or not patentable), techniques, processes, programs, ideas, algorithms, schematics, testing procedures, software design and architecture, computer code, internal documentation, design and function specifications, product requirements, problem reports, analysis and performance information, benchmarks, software documents, and other technical, business, product, marketing and financial information, plans and data.
5. What about my privacy?
We do not knowingly collect or solicit personally identifiable information from children under 16; if you are a child under 16, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us personal information, please contact us at [email protected]
Your use of the Services is subject to the following restrictions:
You represent, warrant, and agree that you will not contribute any Content or interact with the Services in a manner that:
- Infringes or violates the intellectual property rights or any other rights of anyone else (including Gigabud);
- Violates any law or regulation, including, without limitation, any applicable export control laws;
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Jeopardizes the security of your Written Chinese account or anyone else’s (such as allowing someone else to log in to the Services as you);
- Attempts, in any manner, to obtain the password, account, or other security information from any other user;
- Violates the security of any computer network, or cracks any passwords or security encryption codes;
- Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
- “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
- Copies or stores any significant portion of the Content;
- Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
- A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
6. What are my rights in Gigabud?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Gigabud’s) rights.
The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!
Gigabud has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Gigabud will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
7. What if I want to stop using Gigabud products?
No problem, just contact us at [email protected] and we will delete your account. Account termination may result in deletion of any Content associated with your account, so keep that in mind before you decide to terminate your account.
Following termination or deactivation of your account, or if you remove any Content from your account, we may keep your Content for a reasonable period of time for backup, archival, or audit purposes.
By the way, Gigabud is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Gigabud has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Our Service and all content on Gigabud is provided on an “as is” basis without warranty of any kind, whether express or implied.
Gigabud specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade.
Gigabud takes no responsibility and assumes no liability for any User Content that you or any other person or third party posts or sends using our Service. You understand and agree that you may be exposed to User Content that’s inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
If you’re a consumer in the EEA, we don’t exclude or limit any liability for gross negligence, intent, or death or personal injury caused by our negligence or willful misconduct.
Ideally, if you have any concerns or complaint against Gigabud, we would like to resolve the issue without resorting to formal court or arbitration proceedings. Therefore, before filing a claim against Gigabud, you agree to try to resolve the dispute informally by contacting [email protected]
Gigabud will attempt to resolve the dispute informally (and will contact you via email). If a dispute is not resolved within 30 days of submission, you may bring a formal proceeding.
May the Chinese-learning gods be with you!